The High Court's Tabora Sub-Registry has ruled that the Attorney General must be joined to a constitutional petition challenging a ban on speaking to the media within court premises. The case was filed by five advocates who claim the ban infringes their fundamental rights and freedoms. The court dismissed a preliminary objection raised by the petitioners and ordered them to amend their petition to include the Attorney General. This decision was made on November 5, 2026, by a three-judge bench.
The petitioners, advocates Nyaronyo Kicheere, Sisty Massawe, Emmanuel Chengula, Paul Kisabo, and Alphonce Lusako, are challenging a directive allegedly issued by the Chief Justice, the Principal Judge, and the Tanganyika Law Society. They argue that the ban prohibits them from addressing the press within court premises, violating several articles of the Tanzanian Constitution. The advocates seek a declaration that lawyers have the right to speak to journalists within court premises, provided they comply with the law.
The court's decision was made after both parties made submissions on the issue of the Attorney General's non-joinder. Lead counsel for the petitioners, Mr. Jebra Kambole, argued that the Attorney General's exclusion was deliberate, as the petition was not brought against the government or an executive body. However, Senior State Attorney Daniel Nyakiha countered that Section 26 of the Attorney General's Office Act requires the Attorney General to be joined.
The court also dismissed a preliminary objection raised by the petitioners, which challenged the representation of the respondents by state attorneys. The bench ruled that the objection failed to meet the required threshold, as it did not strictly concern points of law that could be determined without evaluating evidence or exercising judicial discretion. The petitioners remain free to raise the issue through proper procedural channels.
The dispute arose after the in-charge resident magistrate of the Iringa Resident Magistrate's Court notified stakeholders on August 5, 2026, that advocates were prohibited from speaking to the media within court premises. A similar communication was issued by High Court Registrar C.M. Tengwa on August 12, 2026. The petitioners claim that neither the Advocates' Conduct Rules nor any other law empowers the respondents to impose a nationwide ban on advocates speaking to the media within court premises.
The court's ruling was delivered by a three-judge bench comprising Justices Mwanabaraka Mnyukwa, Ruth Massam, and Martha Mpaze. The bench explained that the Attorney General's presence is required to ensure that all matters in dispute are fully adjudicated. The petitioners were consequently ordered to amend their petition to include the Attorney General before the main case can proceed.
The case has raised concerns about judicial independence and the right to freedom of expression. The petitioners argue that regulatory authorities should address individual cases of professional misconduct rather than impose a blanket restriction on all practitioners. The court's decision will have implications for the legal profession and the media in Tanzania.
Key points
- The High Court has ordered the Attorney General to be joined to a constitutional petition challenging a ban on speaking to the media within court premises.
- The petitioners claim the ban infringes their fundamental rights and freedoms, including the right to freedom of expression.
- The court's decision will have implications for the legal profession and the media in Tanzania.
