Katiba Watch: An Intransigent UKAWA; JK in the US

The Constituent Assembly resumes tomorrow after a three months hiatus. Intrigues during the first CA sessions saw a section of members under the Umoja wa Katiba ya Wananchi (UKAWA) umbrella, decide to walk out of the sessions in April. The UKAWA group which is made up of the opposition parties, CHADEMA, NCCR, CUF and other like-minded members have claimed that CCM has hijacked the process and are pushing for a party agenda. Mediation efforts aimed at convincing UKAWA to return to the sessions have failed. Both sides have taken strong unwavering stances. UKAWA have vowed not to return unless the CCM members agree to only discuss the contents of the proposed constitution draft. 

UKAWA Leaders. From left; J.Mbatia, F.Mbowe and I.Lipumba

The President has been accused of jeopardizing the process when he deliberately decided to take party sides during the inauguration of the CA. He has now traveled out of the country. Analysts have argued that the president, as the symbol of national unity, could have placed national interests ahead of party interests in the constitution debate. The president is attending the US-Africa summit in Washington. It was widely expected that he could have used his position to broker the standoff in the Katiba process. 

The prospects for a new constitution now look bleak. Academics and policy practitioners are even proposing a halt to the Katiba process. However, this comes with alarming caution that going to an election without a new constitution could spell disaster in Tanzania. Comparatively, Zimbabwe and Kenya post-poll violence in 2008 was as a result of going to an election after a constitution fallout.     

What to expect from Mtikila at the Constituent Assembly!

With the Constitution Constituent Assembly starting it's sessions tomorrow in Dodoma, there is plenty to expect from the members. With the members already known one person who will no doubt be vocal especially on the issue of the Union Government must be Reverend Christopher Mtikila. He has built a reputation for being the kingpin of taking matters to court. He has had and continues to have a history of court battles in Tanzania. He has fought and won the legal battle of an independent candidate at the African Court of Human and Peoples' Rights (ACHPR). An self styled advocate of one government system in Tanzania and an opposer of a union government, Mtikila has sparked numerous inciting and inflammatory remarks. He is also known to be a fierce critic of Mwalimu Nyerere. He opposed him openly. 

The question is what will his selection as a member of the Constituent Assembly (CA) add? Do we need a dissenting voice in the Assembly? Do we need a fiery character to voice out concerns that remain fundamental in the constitution? In a seminar conducted for the members of the Assembly last week, Mtikila made very uncouth and inappropriate remarks which didn't augur well with a selection of the members. Why did the President select him? He says the constitution process is not constitutional yet he is a member of the CA now. How will that work out? These questions will surely be answered after the 70 stipulated days of the CA.

Media role in the Constitution Process in Tanzania

The fourth estate, as the media has come to be known is very important in any civilized democracy. The media acts as an integral nexus between governance and the people and between policy and the people. The people need the media and the media needs the people. It is a unique symbiotic relationship which has existed for many years. Mature democracies world over are driven by vibrant media. The media not only informs but has been used as an advocate for change and has been used as a tool for creating awareness among people. The media has been used to question and criticize the government and shape public opinion on fundamental aspects that are pertinent to society. 

Tanzania newspapers reporting

the country at a crucial constitution making stage, the media should rise above partisan interest and report objectively on the goings on in the Constituent Assembly which start this month. Tanzania newspapers in the recent past have failed to draw the line between mainstream journalism and tabloid business (udaku). Many of them have failed to position themselves as national newspapers despite them claiming this status. Some newspapers are openly known to be party based and thus biased with regard to the party interests. What struck me is when the list of the Constituent Assembly members was released by the President. A number of newspapers were quick to praise the appointments while others trashed saying the president got the appointments wrong.

The media should rise above the whims and caprices and be a neutral arbiter in the constitution process. more than ever, a balanced and objective media will help to drive the agenda based on consultative engagements of the country's citizenry. The media should create a platform for constructive engagements through objective reporting. Inflammatory and alarming statements should be avoided and if they really need to be published let them be euphemistically framed.      

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.