Throw out petition on TLS elections, High Court asked

Dar es Salaam. The Tanganyika Law Society (TLS) yesterday asked the High Court to dismiss a petition by a city lawyer who has sought suspension of the use of the bar association’s election regulations in its elections scheduled for Saturday.

The lawyer representing TLS, Mr Sinare Zaharani, raised preliminary objections to the effect that the petitioner, Mr Onesmo Mpinzila, had no locus standi (right or capacity) to file the suit.

According to Mr Zaharani, the petitioner had failed to establish his membership in TLS and hence did not have the legal right to bring a suit against the association.

Mr Mpinzila filed the petition last week, arguing that the TLS election regulations that outline the procedure, qualification of candidates and how the elections should be conducted were invalid.

He wants the court to suspend the application of the regulations in the forthcoming TLS elections.

The petitioner is also opposed to a provision of law in the TLS Act that makes it mandatory for every lawyer to be a member of the society if he or she is to secure a licence to practice in the country.

He is challenging TLS election regulations of 2016, which according to him, were signed and gazzetted by a person who had no authority to do so.

Mr Mpanzila has asked the court to declare the provisions unconstitutional, null and void.

Submitting on the grounds of preliminary objections before a panel of three judges, Mr Zaharani said the petition was prematurely and improperly brought before the court because the petitioner still had avenue to challenge the regulations through TLS meetings, including its half annual general meeting on Friday.

Judges Rose Teemba, Beatrice Mutundi and Ignas Kitusi are presiding over the petition