THE High Court in Dar es Salaam is today set to start hearing a case in which three individuals challenge the President's Office (Regional Administration and Local Government)’s role in overseeing the upcoming local government elections scheduled for November 27 this year.

The challenge is based on a request for the Court to bar the office from overseeing the elections, arguing that the 2024 Independent National Electoral Commission (INEC) Act and Article 76 (6) (e) of the 1977 Constitution designate the Commission as the responsible body for managing elections.

Speaking to journalists yesterday, applicants Bob Wangwe, Bubelwa Kaiza and Dr Ananilea Nkya said that the President's office involvement in elections is unfair as it undermines rights, transparency and leads to distrust in the election process.

Dr Nkya stated that it is contrary to the country's laws for the President's Office to oversee local government elections. She explained that Section 10 (1) (c) of the INEC Act No. 2 of 2014 assigns the duty and authority to oversee local government elections to the omission, not the President’s Office.

“We have initiated this legal action recognising that citizens are the sovereign authority of the country according to the constitution. Article 8 (1) (a) states that citizens are the foundation of all authority and the government derives its powers and authority from the people,” she said.

She added that the legal basis of the case is questioning the President's Office’s role in overseeing elections as it poses a risk to the fairness and transparency of the electoral process. Their objection aims to protect Tanzanian citizens' constitutional rights to participate in a democratic process.

Wangwe said that according to Article 26 (2) of the constitution, everyone has the right to take legal action, adding that their decision is in line with safeguarding democracy in the country. He stated that INEC is the body with the authority to oversee elections according to laws enacted by parliament.

“Article 74 (6) (e) states that the Independent National Electoral Commission will perform all duties assigned by parliament hence the President's Office does not have legal authority to oversee elections,” he said.

Kaiza said that previous elections had several issues, including some candidates declared winners without contest, others being excluded and a lack of freedom and fairness in the process of electing leaders. He said they decided to file the case to address the issues and ensure that this year’s election is free, fair and aligned with democratic principles.

The court is scheduled to begin hearing arguments from the Attorney General and Judge Wilfred Dynsobera will preside over the case.