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31 December 2025
Top Lawyer Warns ‘Arbitrary Rule’ Undermining Tanzania’s Justice System
View: https://m.youtube.com/watch?v=58853n8f-N4
Rugemeleza Nshala, Tanzania’s leading human rights lawyer, alleges systemic erosion of judicial independence and rule of law, citing enforced disappearances and political interference.
By the Chanzo reporter
Dar es Salaam – A leading Tanzanian human rights lawyer has warned that the country is operating under an arbitrary rule that is severely undermining the rule of law and the independence of the judiciary, with grave consequences for citizens and the investment climate.
In a candid interview marking his 30th year in legal practice, Dr Rugemeleza Nshala, a Harvard-trained lawyer and the current Attorney General for the main opposition party, CHADEMA, painted a grim picture of a justice system where police carry out arbitrary arrests and enforced disappearances with impunity, and where judicial independence is severely compromised.
His analysis comes amid a tense political climate in Tanzania following a contentious election and a crackdown on opposition figures and government critics.
“I would be lying if I said there is rule of law in Tanzania. My conscience would not allow me to say that,” Dr Nshala stated in the interview with The Chanzo’s Khalifa Said conducted on December 17, 2025.
He described a situation where police disregard legal procedures, taking people “ninja-style” without informing local authorities, and then denying any knowledge of their whereabouts. He cited the disappearances of individuals like Mdude Nyagali and Deordatus Soka as stark examples of this trend.
READ MORE: Lawyers in Tanzania Decry State’s Interference With Their Right to Work
Dr Nshala, who co-founded the Lawyers’ Environmental Action Team (LEAT) in 1994 and served as president of the Tanganyika Law Society from 2019 to 2021, argued that the police are failing in their constitutional duty under Article 14 of the Constitution to protect the right to life.
“How can you tell me you don’t know where this person is? If you have failed to find him, it means you have failed at your job. You should leave,” he asserted.
The erosion of the rule of law, according to Dr Nshala, extends to the judiciary, which he says has seen its independence significantly curtailed. While acknowledging that there are still good judges, he stated that independence is limited and that the perception of a compromised judiciary is as damaging as the reality.
“A court is like Caesar’s wife; it should be beyond reproach,” he said, adding that the problem is systemic and not just about individual judges.
He pointed to the practice of judges receiving phone calls with instructions on how to rule, and to a system where judicial appointments are based on proximity to the president rather than on merit. This, he warned, has a chilling effect on the legal profession and the economy.
READ MORE: Legal Scholars Frustrated by Tanzania’s ‘Sabotage’ of Judicial Mechanisms: ‘It’s a Shame’
He noted that the esteemed academic and lawyer, Professor Issa Shivji, has largely withdrawn from courtroom practice due to the declining quality of judicial decisions, a move Dr Nshala described as “saddening.”
“If you have a judiciary that can be called and given instructions, or intimidated, investors will flee,” Dr Nshala explained. “Because at the end of the day, if it’s easy to deal with a judge, why bother with a lawyer?”
The solution, in Dr Nshala’s view, lies in fundamental constitutional reform. He argued for a new constitution that would introduce robust safeguards for judicial independence and reform the appointment process for judges.
This call for reform is a central plank of CHADEMA’s No Reform, No Election campaign, which demands an independent electoral commission and police reforms ahead of any future elections.
Dr Nshala’s stark assessment is set against a backdrop of increasing concern over human rights in Tanzania. Since 2019, UN experts have recorded over 200 cases of enforced disappearances, with a pattern of abductions often involving white Land Cruisers and perpetrators identifying themselves as police.
READ MORE: Debate Swirls Around Samia’s Decision to Extend Juma’s Tenure as Chief Justice
While President Samia Suluhu Hassan has directed the police to address the issue, the force has been criticised for attributing the disappearances to personal disputes and “self-staged abductions.”
Dr Nshala, who holds a Doctorate of Juridical Science from Harvard Law School and a Master’s in Environmental Management from Yale, has a long history of rights activism in Tanzania.
His work has focused on environmental law, the extractive industries, and the rights of local communities. His current role as CHADEMA’s Attorney General places him at the forefront of the struggle for democratic and legal reform in the country