Lila commission composition boosts justice credibility

DAR ES SALAAM: LEGAL expert Mr Sweetbert Nkuba has said the composition of reputable judges in the recently established Commission of Inquiry to investigate violence and violations of the law committed during and after the 2025 General Election provides a credible basis for justice.

Mr Nkuba urged citizens to accord deserved cooperation to the commission since it has been in accordance with the Constitution and laws of Tanzania.

The Commission, which was launched last week by President Dr Samia Suluhu Hassan, is chaired by retired Judge Shabani Ally Lila, who previously served as Principal Judge of the High Court of Tanzania.

He also held positions as Judge-inCharge of the High Court in Mtwara and Registrar of the High Court in Mbeya, Dar es Salaam and Arusha.

Speaking to reporters yesterday in Dar es Salaam, Mr Nkuba commended the qualifications and integrity of the Commission members, noting that a significant number of them are experienced judges with extensive knowledge of the administration of justice.

He said the involvement of judges from the Court of Appeal further strengthens public confidence in the Commission’s ability to conduct its work professionally, fairly and impartially.

He noted that the Court of Appeal is the country’s highest judicial authority. Furthermore, he said the inclusion of judges from other countries, including Uganda and Namibia, is consistent with the legal principle that no person should be a judge in a matter in which they have a direct interest.

Citing the legal principle nemo judex in causa sua meaning that no one should be a judge in their own cause, Mr Nkuba said the involvement of foreign judges could help minimise potential conflicts of interest and strengthen confidence in the inquiry process.

He said this is particularly important because the Lila Commission is investigating criminal incidents that may involve different individuals and institutions, making an independent and impartial approach essential.

Mr Nkuba further said the President’s authority to establish commissions of inquiry is derived from Article 36 of the Constitution of the United Republic of Tanzania and the Inquiries Act, Cap 32 of the Laws of Tanzania.

He explained that these provisions empower the President to establish a commission of inquiry whenever deemed necessary, subject to relevant constitutional and legal requirements.

“Therefore, the legality of this new Criminal Inquiry Commission, like the Judge Chande Commission, is derived from our laws, namely the Constitution and the Inquiries Act, Cap 32,” he said.

Mr Nkuba said there should be no extensive debate over the legality of the commission because its establishment is grounded in constitutional and statutory powers vested in the President.

He stressed that although both commissions deal with violence that occurred during and after the 2025 General Election, they have different terms of reference and objectives.

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Mr Nkuba said the commission chaired by Judge Othman Chande had a broad mandate to investigate the causes, reasons and effects of the violence and to recommend measures for addressing the challenges identified.

In contrast, he said the Lila commission has been given a more specific mandate to investigate criminal incidents, identify those involved and establish how individuals or institutions may have participated.