Mjema’s analysis: Sanctioning outlawed vigilante gangs spells national doom

The central argument is that tolerating such unlawful elements without immediate state action risks systematically dismantling and permanently weakening the foundations of the country’s rule of law.

Crucially, Article 147(1) of the Tanzanian Constitution strictly prohibits any individual, private organisation or group, other than the government, from raising any armed military force.

This constitutional provision establishes that the Union Government maintains exclusive authority to raise and maintain armed forces legally mandated to defend the nation and protect its citizens' lives and property.

Consequently, serious questions arise regarding where individuals or private entities derive legal authority to form specially trained paramilitary units to manage civilian public gatherings or confront otherwise unarmed citizens.

Chief Justice Masaju stressed that no citizen has the legal right to set up gangs to intimidate others, reiterating that public security remains an exclusive Tanzanian state responsibility.

His warning follows growing public outcry over rogue bouncers being hired to forcefully evict tenants without court orders.

These lawless operations are often characterised by widespread property damage, physical assault, and other extreme forms of severe human rights abuse.

Alarmingly, a wider debate has erupted concerning private individuals and entities claiming to command armed vigilante units to confront their hostile rival groups.

Ahead of the planned July 7, 2026, protests, reports emerged of self-proclaimed security outfits like 'Black Leopards' and 'Wild Dogs' undergoing rigorous, specialised training specifically designed to counter active civilian demonstrators.

This raises the fundamental question: can private actors usurp these duties when constitutionally mandated state organs are already fully legally empowered to perform them?

Under the Police and Auxiliary Police Act (Chapter 322, amended 2023), the police retain the primary mandate to protect lives and property, enforce laws, prevent and detect crime, and apprehend lawbreakers across the country.

Therefore, the solemn responsibility of maintaining national order and protecting citizens must strictly remain within properly authorised, legally established institutions.

Sanctioning private actors to execute policing duties severely undermines the rule of law and erodes vital public trust in state machinery.

Legislation also constrains registered political entities; Section 18 of the Political Parties Act (Chapter 258, 2024 Edition) strictly prohibits parties, leaders, or members from establishing any active militia, military wing, or unauthorised security unit.

Consequently, public safety cannot be outsourced to unauthorised vigilantes; it must be managed exclusively by state institutions legally established and mandated under the country’s law.

Addressing government lawyers in Arusha on July 13, 2026, President Samia Suluhu Hassan strongly reiterated that nobody is above the law, stressing that legal supremacy applies universally to everyone, regardless of their personal status, rank, or authority.

Fundamentally, the rule of law dictates that absolute legal equality governs all, spanning from the highest of national leaders down to the ordinary citizens.

This requires every state organ, private institution, and individual citizen to remain fully accountable to the established statutory laws.

Historically, eroding the rule of law invariably triggers civil conflict, anarchy, and a steep decline in public confidence towards the democratic state.

The 1948 United Nations Universal Declaration of Human Rights highlights judicial supremacy as essential for shielding vulnerable citizens from injustice, systemic tyranny, and exploitation.

Consequently, defending the rule of law must start with leaders and state bodies; authorities must guarantee that every executive decision boasts a solid legal foundation.

When legal frameworks are breached by those appointed to enforce them, society receives a dangerous message: that certain select individuals transcend the law.

In 1765, English jurist Lord Camden noted: 'If it is law, it is found in our books. If not there, it is no law.'

This enduring principle remains critical today, emphasising that every executive action must possess a clear, highly legitimate legal justification.

Whenever institutions or public officials act, they must address one fundamental question: Is this specific action sanctioned by the law?

If sanctioned, execution must adhere to statutory procedures and preserve fundamental human rights.

Conversely, absent a legal foundation, such actions remain entirely indefensible under any democratic circumstances.

In our current climate, this national debate on the rule of law must look at all dimensions.

Citizens must obey the law, while state organs must operate strictly within their designated statutory limits.

Tanzania must reject actions that undermine legal supremacy immediately.

We cannot construct a robust judicial system if certain groups are permitted to operate outside the law with impunity.

Upholding the rule of law requires unwavering courage to champion the absolute equality of everyone.

Daniel Mjema is a journalist and a Doctor of Philosophy (PhD) student in Public Communication at the Open University of Tanzania. Reach him at 0656600900.