Former Chief Justice (CJ) David Maraga has accused Tanzania’s constitution of having critical democratic weaknesses that, he claims, allowed President Samia Suluhu Hassan to ascend to power without legitimate public mandate.
Speaking during an interview on TV47 on Tuesday evening, Maraga argued that the Tanzanian constitution’s failure to permit court challenges to presidential election results undermines democracy and accountability.
“If the Tanzanian Constitution had allowed presidential court cases like Kenya, the elections would easily have been declared illegitimate. Their constitution does not allow a petition challenging the presidential election, and that is a big mistake,” said Maraga.
The former CJ compared Kenya’s legal framework, which allows presidential election petitions to be reviewed by the Supreme Court, with Tanzania’s, which bars such challenges. He said this lack of judicial oversight effectively strips citizens of their right to question election outcomes, making the electoral process less transparent.
Maraga went further to label President Samia Suluhu as an “illegitimate Head of State,” asserting that she lacked the full legitimacy of the Tanzanian people. He also criticized her government for blaming foreigners for the recent wave of protests in Tanzania, calling such claims a form of denial.
“Samia Suluhu is living in denial. If it were foreigners protesting and Tanzanians denying it, it would be something different. She is just slandering us,” he added.
According to Maraga, the violent suppression of demonstrators and the arrests of dissenters reflect an outdated style of governance that ignores the growing political awareness among citizens.
Suluhu was sworn in as Tanzania’s new president on November 3, following an election marred by allegations of vote rigging and violence that left several people dead. Maraga urged regional leaders to heed calls for fair and transparent elections, citing lessons from Kenya, Madagascar, and Nepal.
