Is the Date of General Election Silent in Tanzania's Draft Constitution?

Elections are the recipe for true democracy. They embody pluralism, equality, and representation in a given polity. In any given democracy, elections are held once in every agreed time frame as established by the country's constitution. They could be once in every four, five or seven years. With an established national electoral body, elections are done, depending on the government structure, from the ward representatives all the way to the president. 

The US, which is the semblance of true democracy outlines the date of elections as the Tuesday after the first Monday in November. Kenya's new constitution outlines the date of election for the six elected officials as the second Tuesday in August in every fifth year. Article 101 (1) of the Constitution of Kenya outlines that, the general elections of members of parliament shall be held on the second Tuesday in August in every fifth year while Article 136 (2)(a) states that the election of the President shall be held on the same day of the general election of MPs. This date also applies to the County Assembly Members (See Article 177) and Gubernatorial elections (Article 180).  

Repressive African regimes in the past have used the election date as a weapon against the opposition. This together with the unilateral appointment of the chairman of the electoral body and it members has been used to surprise the opposition by catching them unprepared making it easy for the ruling incumbent to sweep victory, albeit through fraudulent manner.

Tanzania's draft constitution is pretty silent on the election date. I have looked at the draft carefully reading each chapter and article but I have not come across the direct mention of an election date. Critics have argued that the public, politicians and the members of the Constituent Assembly have placed too much attention on the structure of the union (the most contentious issue) leaving other important subjects. As am not a constitutional expert, I welcome views on this.       

Katiba Watch: Understanding the Constituent Assembly

President Jakaya Kikwete will release the names of the members to the Constituent Assembly today. The sittings are expected to begin in 18 February 2014 in Dodoma.  The Constitution Review Act gives the President power to appoint 201 members of the Constituent Assembly drawn from non-governmental organisations (NGOs), faith-based organisations and all registered political parties. Others include institutions of higher learning, groups of people with special needs, workers’ associations, associations representing farmers, associations representing pastoralists and any other group of persons having common interest. Further to these, it is also be made up of all members of the National Assembly of Tanzania (358) and all members of the House of Representatives of Zanzibar (76) bringing a total 635 members.

 

Pursuant to the Constitution Review Act, Part V on the Convening of a Constituent Assembly, Article 22(3) the President shall publish the names of the members of the Constituent Assembly in the proclamation published in the gazette. Upon the first convening of the Assembly, a chairman and vice-chairman will be elected through a secret ballot by the members. Further to the spirit of the Union, if the chairman is from Mainland Tanzania, the vice shall come from Tanzania Zanzibar. The winner is determined by a simple majority. Standing Orders shall forthwith be established and adopted before members subscribing to an oath or affirmation.

 

Article 25 (1) in part states that the Constituent Assembly shall have and exercise powers to make provisions for the new constitution of Tanzania. It has been rumored that the ruling party CCM will come with an alternative draft constitution.Article 25 (2) states succinctly that the powers of the Constituent Assembly to make provisions for the proposed Constitution shall be be exercised by a Draft Constitution tabled by the Chairman of the Commission and passed by the Constituent Assembly.

 

This indeed, is a crucial step in the constitutional process in Tanzania. Much has been said about the powers bestowed by the president to appoint the members of the assembly, but it is time to accept and move on with the process. With a proposed lifespan of 70 working days, the Assembly ought to utilize this period effectively and efficiently.

Tahariri ya Tanzania Daima: Kuchapishwa kwa Rasimu ya Katiba Magazetini

Chini ya kichwa cha habari "Tume ya Katiba haikutenda haki" gazeti la Tanzania Daima limetoa tahariri ifuatayo. Inashangaza ni kwa nini Tume imeshindwa kuwezesha magazeti mengine yasiyo ya serikali na lile la Mwananchi kuchapisha rasimu ya pili. Inahojiwa pia ni kama rasimu hii imewafikia watu wenye ulemavu wa kuona?

RASIMU ya Pili ya Katiba ya Jamhuri ya Muungano wa Tanzania imechapishwa jana kwenye baadhi ya magazeti baada ya kuwa imepitia vigezo vya kisheria kama alivyoahidi Rais Jakaya Kikwete wakati wa kuipokea Desemba 30, mwaka jana.

Rais aliwaahidi wananchi kuwa baada ya rasimu hiyo kuchapwa kwenye gazeti la serikali kama sheria inavyoelekeza, itasambazwa kwenye vyombo vya habari ili wapate kuisoma na kuijadili kabla ya Bunge la Maalumu la Katiba kuanza mwezi ujao.

Hata hivyo tunapenda kueleza masikitiko yetu kwamba tumeshutushwa na ubaguzi wa wazi wa Tume ya Mabadiliko ya Katiba kwa vyombo binafsi vya habari. Tunasema ni ubaguzi wa wazi na wenye nia mbaya ya kuwanyima wananchi haki yao ya kikatiba ya kuisoma rasimu na kuijadili kutokana na kusambazwa katika vyombo vichache. Rasimu hii imesambazwa kupitia magazeti matatu tu ya Habari Leo na Zanzibar Leo ambayo ni ya serikali na Mwananchi, ambalo ni la binafsi wakati yako magazeti zaidi ya 10 yanayotolewa kila siku na mengine kadhaa ya wiki ambayo kila moja lina wasomaji wake.

Kwetu huu ni ubaguzi wa makusudi wa tume ambayo kimsingi tunaamini imepewa fedha za kutosha kufanya shughuli zake ili wananchi wapate taarifa za kile kinachoendelea kuhusu mchakato mzima wa katiba yao.

Kama tume iliweza kuvitumia vyombo vyote vya habari kutoa taarifa zake na matangazo ya kuwahamasisha wananchi wapeleke maoni yao, inakuwaje leo iwanyime haki hiyo ya kupata rasimu kupitia magazeti hayo?

Hivi kwa mwananchi asiyesoma magazeti ya Habari Leo, Zanzibar Leo au Mwananchi ina maana hana haki ya kupata rasimu ili aweze kuisoma na kuijadili kwa ajili ya kuainisha kasoro kabla ya wajumbe wa Bunge Maalumu la Katiba kuketi na kupitia rasimu hiyo?

Yawezekana Tume ya Mabadiliko ya Katiba chini ya Jaji Joseph Warioba ilighafirika katika jambo hili, hivyo basi tuna imani kuwa wanaweza kulisahihisha kwa kusambaza rasimu hiyo kupitia magazeti yote ili kuwapa wananchi haki kama alivyoahidi Rais Kikwete. Tunachelea kuamini kama kigezo cha tume kutochapisha rasimu hiyo katika magazeti yote ni uhaba wa fedha, kwani tunatambua kwamba Bunge liliidhinisha mabilioni ya kutosha kwa chombo hicho ili kukiwezesha kufanya kazi zake kwa ufasaha. 

Kodi zinazotumika kutengeneza katiba zimetokana na wananchi wote, hivyo hakuna sababu yoyote ya kuwabagua katika kuwafikishia taarifa kuhusu maoni na mapendekezo yao waliyoyatoa kwa tume. Rasimu inapaswa kufikishwa kila mahala, mijini na vijijini, yako maeneo magazeti hayafiki, hivyo ni vema zikasambazwa nakala za kutosha ili wananchi waisome na kujadiliana badala ya kutaka kuwazima kwa kuwapangia vyombo vya habari vya kupata taarifa.

Muungano: Let this not overshadow the Constitution Debate

I firmly believe in constitutionalism and the rule of law. I believe proper laws are the drivers of economic development. With Tanzania engaged in a constitution process, am pleased that we as a people have realized the importance of drafting a new constitution. The Constitution Review Commission of Tanzania headed by retired Judge Joseph Warioba has released a second draft in December 2013. (See my blog for other analysis regarding the first draft). 

Topical issues that are central in the constitution have been mainly the issue of the Union, the powers of the president and integrity of civil servants amongst others. I feel that we are so much ingrained in the issues of the political union of Tanzania mainland (Tanganyika) and Tanzania Zanzibar (Zanzibar) and forgetting to debate on other important articles of the proposed draft. I am not belaboring people's interests in the topic of the union debate but much emphasis should also be directed in the discussion of other issues arising from the draft law. Issues such as leadership and integrity, leadership and accountability, natural resource management, human rights and the rule of law, separation of power in the three arms of government, freedoms of press, fostering national unity among others. 

The process should also be owned and driven by people. Civil society organizations should play incisive role in making this process owned by the people and not be a political agenda or a preserve of the politician. 

Initial Reactions to draft constitution of Tanzania

Nicodemus Minde

The first draft of the proposed new constitution of Tanzania has to a large degree captured crucial and fundamental issues that affect our nation. The unveiling of this draft has not only signaled a new dawn, but also reignited in us the values and ethos that make us who we are. We are at the brink of prosperity. I believe in Tanzania, the land of great people, minds and plenty. This blog shall from today, examine in detail specific sections of the proposed draft and critically evaluate the proposals therewith. As pointed before, writing a new constitution and the process itself is a sign of expansive democratic space in Tanzania. We do not take this lightly, we gladly thank the Almighty for his merciful graces. 

The Constitutional Review Commission (CRC) led by retired judge Joseph Warioba, yesterday unveiled the first draft of the proposed new law after months of extensive collection of ideas, proposals and opinions. Warioba pointed out that there were 1942 meetings which were attended by 1.3 million people. A sneak preview of the proposed law, indicates that a substantial amount of effort went through the process. Here are some of the key highlights:

1. The Federal Type of Government (Serikali ya Shirikisho) between two states; Republic of Tanganyika and Peoples' Republic of Zanzibar.

2.  The emphasis that Kiswahili remains the national and official language of communication in all public and government sectors. That English can be used as an official language when need be.

3.  The Gifts of the nation (Tunu za Taifa); They shall include; humanity, patriotism, integrity, unity, transparency, responsibility, and national language. These define who we are.

4.  Ethics and leadership of public servants. A critical section that will curb corruption, graft, nepotism and embezzlement of public money.

5.   Bill of rights- This champions the rights of every Tanzanian, regardless of gender, race, social status, religion, and physical condition. More expansive and detailed. 

6.  Citizenship: Dual Citizenship omitted. 

7.  Structure of the Union: A Federal Type with three governments:                            

• Government of the United Republic of Tanzania
• Government of the Revolutionary Zanzibar
• Government of Tanzania mainland.  

N/B: The structure of the Union shall be discussed in subsequent articles in this blog.

8. The Executive: Not more than fifteen ministers and their assistants. The Ministries shall be in line with the provisions of the constitution and the government in place.The Minister must have attained at least a university degree and will not be an MP from the union parliament, mainland parliament or representative from the Representative Council of Zanzibar. 

9. Parliament: Key areas; There shall be a Union Parliament. An MP shall have a 3 term limit of 5 years, after which he shall be ineligible to run. A recall clause. An MP can be recalled by his constituents if they see he/she is not working as mandated.

10. There shall be a Union Judiciary made up of a Supreme Court and Court of Appeal.

11. An Independent Electoral Commission shall be instituted.

12. There shall be a Ethics, Leadership and Responsibility Commission.

13. There shall also be a National Commission on Human Rights.

Add-ons: Union Matters

1. Constitution and Authority of the United Republic of Tanzania
2. National Security of the United Republic of Tanzania
3. Citizenship and Immigration
4. Money and Central Bank of Tanzania
5. Foreign Affairs
6. Registration of Political Parties and;
7. Taxation of commodities and revenues that do not have tax resulting from union matters.

More on the Draft Constitution in subsequent postings.

See draft of the Proposed Constitution and Further reading here.