A private lawyer, Melchzedeck Joachim, has challenged in the High Court, Main Registry in Dodoma, a requirement compelling long-distance buses to pick up and drop off passengers at Magufuli Bus Terminal in Mbezi Luis, Dar es Salaam. The case follows an order issued by Dar es Salaam Regional Commissioner Albert Chalamila giving long-distance bus operators seven days, from August 11 to August 17, 2026, to begin picking up and dropping off passengers at Magufuli Bus Terminal.
The case challenges the constitutionality of provisions of the Ubungo Municipal Council Bus Stands and Motor Vehicle Parking By-laws, 2022, published under Government Notice No. 496 of July 15, 2022, as well as Section 32(3)(e) of the Transport Licensing Act. Lawyer Joachim, represented by advocates Hamisi Mayombo and Peter Majanjara, argues that the provisions contravene Articles 17(1), 13(1), 22(1) and 24(1) of the Constitution.
The case has been filed against the Minister of State in the President's Office, Regional Administration and Local Government (Tamisemi), Ubungo Municipal Council, the Land Transport Regulatory Authority (Latra) and the Attorney General. A three-judge panel comprising Justice Joachim Tiganga, who heads the panel, Justice Biswalo Mganga and Justice Irene Musokwa is hearing the case.
At the centre of the challenge is a system requiring long-distance bus operators to use areas designated by municipal authorities for picking up and dropping off passengers and cargo, with buses required to begin their journeys at designated bus stands unless they obtain special permission from the council. According to the court documents, Magufuli Bus Terminal in Mbezi Luis is the main facility affected by the implementation of the arrangement within Ubungo Municipality.
The arrangement could force passengers to travel additional distances within the city before beginning their long-distance journeys or after completing them. For passengers travelling with large amounts of luggage, the additional journey could increase their costs. The court documents refer to passengers travelling with heavy or bulky luggage, including agricultural produce.
The applicant also argues that the inconvenience does not affect passengers alone. He says bus operators have ticket offices and passenger waiting or boarding areas in various parts of Dar es Salaam, including facilities for handling luggage and other passenger needs. However, the by-laws prohibit the establishment of another bus stand or the picking up and dropping off of passengers in an area that has not been designated or recognised by the municipal council.
The applicant is asking the court to declare Sections 6(1), 6(2), 6(3) and 6(7) of the by-laws unconstitutional to the extent set out in his application. He is also asking the court to declare Section 32(3)(e) of the Transport Licensing Act unconstitutional to the extent that it allows conditions restricting passenger pick-up and drop-off to designated locations.
Key points
- The case challenges a requirement that long-distance buses pick up and drop off passengers at Magufuli Bus Terminal in Dar es Salaam.
- The applicant argues that the provisions contravene several articles of the Constitution, including the right to freedom of movement and equality before the law.
- The case has been filed against several government agencies and authorities, including the Minister of State in the President's Office and the Attorney General.
