Tanganyika Law Society challenges IGP over election-day curfew in constitutional case

Dar es Salaam. The Tanganyika Law Society (TLS) has filed a constitutional case against the Inspector General of Police (IGP), challenging his order imposing a curfew during the general election held on 29 October 2025.

The case has been lodged at the High Court of Tanzania, Dar es Salaam District Registry, under case number 000073110.

The respondents are the Attorney General (AG) and the Commissioner for Human Rights and Good Governance in their official capacities.

The matter was mentioned on Tuesday, November 25 before a three-judge panel—Immaculata Banzi, Fahamu Mtulya, and Mwanabaraka Mnyukwa—which instructed TLS to serve the claim documents on the respondents by 2 December 2025.

The respondents will then have 14 days to file their replies, which must be submitted by 16 December 2025. The case is scheduled for further mention on 18 December 2025 via virtual hearing, when the court will give directions on the next steps.

TLS is seeking the establishment of a seven-member commission to conduct an independent investigation into the actions taken during the curfew and to submit a report to court within 14 days.

The society proposes that the commission include the retired Chief Justice Mohamed Chande Othman, members of the African Commission on Human and Peoples’ Rights, TLS, the Medical Association of Tanzania, the UN Human Rights Council and the Commonwealth.

According to TLS, the report should detail the number and names of people arrested, detained, injured, or killed, including deaths caused by direct gunfire and other factors, as well as the circumstances of mass arrests.

TLS argues that the IGP’s curfew order violated the 1977 Constitution. The curfew, which lasted until 3 November 2025, lacked legal validity and contravened Articles 12(1), 13(6)(a) and (e), 14, 15(1), 17(1), 19(1), 22(1), and 29(1), which protect human dignity, the right to be heard, freedom from inhuman treatment, the right to life, freedom of worship, and the right to work.

The society claims the order, issued at 05:00 pm on 29 October 2025 and enforced from midnight, disrupted access to essential services such as food, healthcare, water, and energy. Limited internet connectivity further restricted the public’s awareness of the curfew.

TLS also contends that the order ignored vulnerable groups, including people with disabilities, monks, children and those with mental health challenges, and affected TLS members and the general public by preventing them from working and exercising their right to worship.

The society describes the five days of curfew as “dark days” in Tanzania, citing incidents of gunfire and civilian fatalities, including the killing of lawyer Peter Elibariki Makundi between 12:30 am and 2:00 am.

TLS asserts that the IGP acted without presidential authority or a court order, and that essential service providers such as doctors, nurses and utility workers were not exempted.

TLS argues that the Commissioner for Human Rights and Good Governance failed in his duty to promote and protect human rights during the curfew, which the society claims resulted in widespread violations across Dar es Salaam, including Tegeta, Ubungo, Buguruni, Sinza and Mwenge.

The society says the curfew order was issued and enforced without sufficient notice, and because of restricted dissemination, many citizens were caught in violence, shootings, and arbitrary arrests.

TLS is seeking court orders to ensure accountability and to establish a commission to investigate the alleged violations.