Update on the case of Meczedeck Maganya vs The Minister, Prime Minister’s Office, Regional Administration and Local Government

Update on the case of Meczedeck Maganya vs The Minister, Prime Minister’s Office, Regional Administration and Local Government & 4 Others, Misc. Civil Cause No. 9403/2026, High Court (Main Registry) at Dodoma

The petitioner filed a case alleging that the Sheria Ndogo za Halmasahuri ya Manispaa ya Kinondoni (Ulinzi wa Umma) 2002 (G.N No. 385 of 2002) are unconstitutional. The Respondents raised two preliminary objections; alternative remedies were not fully exhausted, and the second point of law was, the petition is time-barred. The objections were argued by way of written submissions; the ruling was delivered on the 14th of July 2026.

Ruling;

Both objections were overruled as follows:

1. On the first objection, the court ruled out that the petitioner was not required to exhaust any alternative remedies, as constitutional cases are separate from judicial review cases.

2. On the second point of objection, the court ruled out that human rights cases are not bound by the Law of Limitation Act and as such, they have no time limitation. Implication of the Ruling;

The Ruling is a win for human rights as the court has upheld that constitutional rights are so fundamental to subject them to limitation of time. There is no time limitation in Human Rights claims. Moreover, then it has upheld that human rights cases have no alternative remedy such as judicial review. Once it is proved to be a human rights petition then the only way is to deal with it under the human rights framework.

What next

The case shall proceed trial through written submissions, the Judgment will be delivered on the 2nd of September 2026

Issued on 15th July 2026

Legal and Human Rights Centre (LHRC)