When court cases are decided the perception is normally the matter has been resolved once and for all. Few envisage a protracted process arising from interpretation of the court orders.
Here we are now, the embattled James Mbatia cannot reclaim his leadership as the office of the registrar of political parties has decided to go along with new leadership leaving the High Court orders nugatory. Still, Mbatia has all four aces to leverage his reign at NCCR-MAGEUZI. Here is my take.
This article looks at the dispute and the controversy with what lies ahead.
A concise summary of the NCCR-Mageuzi leadership dispute in Dar es Salaam:
Dar es Salaam.
The NCCR-Mageuzi party is embroiled in leadership tensions following allegations that its former chairman, James Mbatia, invaded the party’s offices to reclaim power.
However, Mbatia and his supporters have denied these accusations, calling them misleading.
Amid the conflict, the Office of the Registrar of Political Parties (via Assistant Registrar Sisty Nyahoza) confirmed it has written to James Mbatia stating clearly that it does not recognize his leadership, as NCCR-Mageuzi already has a legitimate leadership recognized by the authorities.
Speaking to *Mwananchi* on July 9, 2025, Nyahoza stated that the Registrar’s office recognizes the leadership of Chairman Haji Hamis, who was elected by the party’s National Congress in March 2025 to lead NCCR-Mageuzi.
This leadership took office after September 2022, when the party’s National Congress and other leaders revoked Mbatia’s membership and chairmanship.
However, Mbatia filed a lawsuit challenging the decision, claiming he was denied the right to defend himself.
In May 2025, the High Court of Tanzania ruled in his favor, nullifying his removal as illegal.
At a press conference on July 8, 2025, NCCR-Mageuzi Secretary General Evaline Munisi stated that Mbatia had been suspended by the party’s National Executive Council (NEC) and had not contested this action.
“Even if Mbatia had not completed his five-year term, he would still be a suspended Chairman. On May 5, 2022, his leadership was suspended by the NEC. To date, he has not challenged this decision under the Constitution’s Article 14(2), which allows appealing a removal decision to a higher body,” said Munisi.
NCCR-Mageuzi Deputy Secretary General for Zanzibar, Ameir Ali Mshindani, claimed to “Mwananchi” on July 9 that their offices were invaded by Mbatia’s supporters.
“Violence erupted yesterday because Mbatia’s side invaded our offices illegally. An election has already been held, and we have new leadership—they must respect it.” They charged.
These claims were denied by former NCCR National Youth Chairman Nicholaus Jovin (a Mbatia ally), who stated:
“I oversaw all activities there. There’s no truth to these claims—no violence occurred, and no one was beaten.”
Nyahoza reiterated that the Registrar’s office wrote to Mbatia clarifying it does not recognize him, as his lawsuit did not challenge the 2022 Congress that ousted him.
“We sent him a letter yesterday, which he received. We recognize the current leadership, not him. When he went to court, he did not challenge the Congress that removed him, so his time is up.”
Mbatia’s term—which began July 27, 2019, per the party constitution—was set to end on July 27, 2024.
This aligns with NCCR-Mageuzi’s Constitution (Chapter 11, Article 30(1)):
“The party’s national leadership election shall be held every five years or otherwise by resolution of the National Congress.”
Article 30(3) adds that vacancies due to resignation, death, or expulsion may be filled at any time without waiting for the five-year term to end.
Summary of the Conflict:
1. Core Dispute:
A bitter power struggle exists between “James Mbatia” (former chairman) and the “current NCCR-Mageuzi leadership” (led by Haji Hamis).
2. Key Events:
– Sept 2022:
Party’s National Congress ousted Mbatia as chairman.
– May 2025:
Tanzania’s “High Court nullified Mbatia’s removal”, ruling it illegal (due to denial of right to defend himself).
– July 8–9, 2025:
Mbatia’s faction allegedly invaded party offices to “reclaim power,” sparking violence accusations. Mbatia’s allies deny this.
3. Contradictory Legal Stances:
– Registrar of Political Parties:
Refuses to recognize Mbatia, backing Hamis (elected in March 2025). Claims Mbatia’s lawsuit didn’t challenge the 2022 Congress.
– NCCR Current Leadership:
Insists Mbatia was suspended in “May 2022” and never appealed internally (per party constitution Article 14(2)).
– Mbatia’s Camp:
Relies on the “High Court’s May 2025 ruling” that his removal was invalid.
4. Constitutional Clash:
– Party constitution sets a “5-year term limit” (ending July 2024 for Mbatia).
– Current leaders argue Mbatia’s term ended naturally; Mbatia’s camp implies the court ruling restores his legitimacy retroactively.
5. Deadlock:
The Registrar and party leadership reject the High Court’s decision, while Mbatia seeks to enforce it. Physical confrontations and legal ambiguity persist.
In essence:
A legally validated ex-leader (Mbatia) battles a state-recognized new leadership (Hamis), with both sides weaponizing different clauses of party law and state institutions. The court ruling remains unenforced, fueling instability.
My Take: The Office of Registrar is Dead Wrong And Mbatia is Very Right!
The office of the Registrar of Political Parties misses a bigger point that is the gist of the High Court ruling in favour of Mbatia.
According to the High Court orders was a nullification of the meeting that deregistered and removed Mbatia as a member and chairperson of the NCCR-MAGEUZI.
Having come to terms of this ruling, whatever transpired after Mbatia wasn’t a member and the chairperson of the NCCR-MAGEUZI were of no legal consequence.
The office of the registrar of political parties erred in law to resuscitate dead proceedings after Mbatia’s ouster, period. Whether Mbatia’s term was over is immaterial since all the period he was seeking restoration of his rights should be excluded from the count.
The period of limitation of when NCCR-MAGEUZI was supposed to conduct its internal elections began on the day Mbatia received a copy of the court orders, ruling and proceedings. To say otherwise, will not abide by the sanctity of the High Court ruling which now is the law binding parties in the resolved dispute. Neither of the parties in a dispute had shown any appetite to challenge the ruling at the Appeals Court. So the High Court decision has settled the matter, once and for all
NCCR-Mageuzi didn’t have a jurisdiction to conduct elections and the purported leadership is an upshot of illegality, period!
The registrar of political parties has two choices, and Mbatia has one option to consider:
- Rescind his previous ruling, reinstate Mbatia back in his throne with orders to conduct an election within the statutory period calculated from the day when Mbatia had received copies of Court documents. All the period before that date when the High Court proceedings were being held ought to be excluded.
- Seek clarification of the High Court ruling instead of playing an adjudicator on a matter already resolved judicially!
- Otherwise, Mbatia has to seek the enforcement of his High Court ruling but thereafter he has to conduct elections as prescribed by the NCCR-MAGEUZI constitution having discounted all the period when the matter was being resolved by the High Court up to the date he had received copies of court decision and its proceedings.
Read more analysis by Rutashubanyuma Nestory
