Ethics vs. Ambition: Boniface Mwabukusi’s TLS Disqualification Sparks Legal Storm

By Adonis Byemelwa

Firebrand lawyer Boniface Mwabukusi, who gained notoriety for his unwavering stance against the controversial DP-World deal, finds himself at the center of a heated controversy within the Tanganyika Law Society (TLS).

Initially nominated as a presidential candidate, Mwabukusi was recently disqualified by the TLS Electoral Appeals Committee on grounds of past ethical breaches, sparking widespread outcry and division among members.

Mwabukusi, one of six contenders for the TLS Chairperson post, had initially overcome several objections to his candidacy. The TLS Electoral Committee had vetted and nominated him, dismissing objections as meritless.

Nevertheless, the situation took a drastic turn when the Electoral Appeals Committee, comprising five senior lawyers including retired Judge Benedict B. Mwingwa, disqualified him citing ethical lapses.

"The appeal committee observed that although the Electoral Committee found Advocate Boniface Mwabukusi to have met the criteria, the appeal body itself found that there was a criterion he did not meet," explained Nelson Frank, Secretary of the Electoral Committee, during a press conference on July 6, 2024.

He pointed to TLS election regulations, specifically regulation 13(c), which mandates that presidential candidates must maintain good moral and ethical standing. Mwabukusi's disqualification stems from a past incident where he faced ethical scrutiny for his vocal opposition in the Tanzania-Dubai port agreement saga.

The controversy escalated when Mwabukusi alleged procedural irregularities in the appeals process. "I was surprised to receive a call regarding my appeal a day before the hearing, a process I was not made aware of," he asserted. "Only the candidate or their agent can appeal dissatisfaction during the Electoral Committee nomination."

In response to the disqualification, Mwabukusi vowed to challenge the decision through legal avenues, asserting his qualifications and moral standing. "I am a member in good standing, and I have all the qualifications to run," he affirmed defiantly. "I will reject this manipulation within the Association and through legal means."

His disqualification has prompted calls for boycotts and drawn support from fellow lawyers. Advocate Dickson Matata voiced his solidarity, stating, "To protect the integrity of the bar association, I will not participate in this year's election following the unjust removal of Mwabukusi."

The TLS, an organization representing over 12,000 members nationwide, now faces a contentious election scheduled for August 2, 2024, in Dodoma. With Mwabukusi's disqualification, five candidates remain in the race, each already actively campaigning.

Among them are Sweetbert Nkuba, Managing Partner at Sweet and Conrad firm; Emmanuel Augustino Muga; Capt. Ibrahim Mbiu Bendera, former ship captain and Executive Partner at Bendera & Co Advocates; Paul Revocatus Kaunda, Managing Partner at Kaunda & Company Advocates; and Revocatuz Lubigili Kibwe, former District Administrative Secretary of Igunga.

Mwabukusi's supporters argue that his disqualification reflects broader concerns about fairness and transparency within the TLS election process. "There are internal and external factions working to frustrate democratic processes," Mwabukusi asserted, accusing certain elements of manipulating outcomes to their advantage.

The saga surrounding Mwabukusi highlights deeper tensions within Tanzania's legal community, exacerbated by recent political shifts and perceptions of governmental influence. Observers note parallels with previous elections where outspoken figures faced institutional pushback.

"After the election of Tundu Lissu and the rise of lawyer activists like Fatma Karume and Rugemeleza Nshala, there's a noticeable push towards aligning leadership with state interests," observed a legal commentator, speaking on condition of anonymity.

Amidst the controversy, Mwabukusi remains resolute in his commitment to upholding ethical standards and fighting for transparency within the TLS. "My stance against the DP-World deal was about advocating for the people of Tanganyika, whose resources are often mismanaged," he clarified. "It's time for the state to refrain from interfering in independent organizations' affairs."

This controversy comes amidst a backdrop of heightened scrutiny over ethical standards and the autonomy of legal institutions in Tanzania.

Figures such as TLS President Fatma Karume and lawyer Rugemeleza Nshala have been vocal critics of what they perceive as undue political interference in judicial matters.

 Karume, in particular, has been a staunch advocate for transparency and accountability within the legal framework, emphasizing the need to protect the freedoms of legal practitioners.

"Political agendas mustn't compromise judicial independence," she emphasized in a recent statement, highlighting the importance of maintaining the TLS's integrity.

In response to these developments, Chief Justice Prof. Ibrahim Hamis Juma has called for the TLS to enforce strict disciplinary measures to uphold public trust and ensure ethical standards are maintained.

 The judiciary's role in safeguarding legal rights and maintaining impartiality amid political pressures has become increasingly crucial as Tanzania navigates these complex legal issues.

Mwabukusi's disqualification has galvanized calls for reform within the legal community, with advocates like Mpole Mpoki and Dr. Lugemeleza Nshala actively challenging what they see as injustices.

Mpoki, who was suspended amidst the controversy, has vowed to pursue legal avenues to address alleged constitutional breaches and protect professional freedoms. His case, along with others, underscores the broader implications of Mwabukusi's disqualification on Tanzania's legal landscape.

As Tanzania prepares for the upcoming TLS election scheduled for August 2, 2024, in Dodoma, the exclusion of Mwabukusi from the presidential race has raised fundamental questions about the fairness and transparency of the electoral process.

Mwabukusi himself has vowed to continue his fight through legal channels, asserting his right to participate and challenging what he perceives as manipulation within the Association. The disqualification of Boniface Mwabukusi serves as a poignant reminder of the delicate balance between judicial independence and external influences in Tanzania's legal system.

The outcome of his legal challenge will not only impact the TLS's future leadership but also shape perceptions of justice, integrity, and the rule of law within Tanzania's legal profession. The unfolding controversy underscores the imperative for a legal framework that upholds ethical standards, protects professional freedoms, and maintains public trust in the judiciary.