#Katiba Watch: Chenge stealing the show!

The Chairman of the drafting Committee, former Attorney General Andrew Chenge has been stealing the Katiba show. On 24 September, he unveiled a constitution draft that is now termed as the Dodoma Draft or what many are now referring to as the CCM draft. Mr. Chenge was at one time accused of massive corruption. He made further headlines when he retorted by saying the money he was accused of stealing was mere 'vijisenti'. He was later re-branded as 'Mzee wa Vijisenti'. He later resigned from his post as Infrastructure Minister and kept a low profile.

When the Constituent Assembly was set up in February this year, Chenge's name was mentioned for the position of the Chairman of the CA. The position however went to Mr. Samuel Sitta, who according to political commentators was a deliberate ploy to position himself for the post of the presidency come next year. Mr. Chenge, however, took up the post as Chairman of the Drafting Committee in the CA. Mr. Chenge, who many claim has a sharp legal mind has repositioned and re-branded his image. Mr. Chenge read with admirable articulation the proposed new constitution draft. The draft is now even known in some quarters as the Chenge Draft. Maybe he has more up his sleeves.   

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.

Katiba Watch Tanzania: Rasimu ya Pili

Tume ya Katiba kuwasilisha Rasimu ya pili kwa rais leo. Mambo muhimu ni pamoja na muundo wa Muungano, jina la Tanganyika, umri wa mgombea urais, madaraka ya rais,  haki za binadamu na mengine mengi.

Yatakayojiri kwenye rasimu ya pili ya katiba ntayawasilisha kesho.

Rasimu ya Katiba na Lugha ya Kiswahili: Mjadala Kuntu!

Nicodemus Minde-@decolanga

Ni karibu wiki moja tangia Tume ya Mabadiliko ya Katiba chini ya Mwenyekiti Jaji Mstaafu Joseph Warioba kuzindua rasmi rasimu ya Katiba. Mijadala miongoni mwa Watanzania wengi imekua ni mfumo wa serikali, mazungumzo ya muungano, madaraka ya rais, umri wa rais, na mengine mengi. Nimefuatilia mazungumzo mengi yaliyotokana na uzinduzi huu wa rasimu ya katiba. Ninafuraha kubwa kuona muamko mpya wa majadiliano miongoni mwa Watanzania kuhusianana na rasimu hii. Hakika, Tanzania ipo katika mpito wa mafanikio. Tunamshukuru Mungu.

Wakati Tume ya Mabadiliko ya Katiba ikipokea maoni, moja kati la swala kuu lililovuta hisia ya Watanzania wengi ni lile la lugha ya taifa, Kiswahili. Hata kabla ya mchakato huu wa katiba, kulikua na mijadala kuhusiana na sehemu ya lugha ya Kiswahili kwenye elimu ya Tanzania, na katika Katiba Mpya kwa ujumla. Sekta mbali mbali pamoja na asasi mbali mbali za kieleimu zilitoa mapendekezo yao. Baraza la Kiswahili Tanzania (BAKITA) walisisitiza umuhimu wa lugha ya Kiswahili kwenye elimu. Hivi karibuni, nchi ilishtushwa na matokeo duni ya Kidato cha Nne (Soma ufafanuzi hapa). Wananchi walizungumza kwa kina kuhusu sababu za kufeli kwa wanafuzi, asasi mbali mbali pamoja na idara za serikali walitoa sababu zao. Hivi karibuni, Twaweza, ambalo ni shirika la kiraia lilitoa tathmini kuhusiana na kufeli kwa wanafunzi wa kidato cha nne. Moja ya jambo lililopewa kipaumbele ni matumizi ya lugha ya Kiswahili kwenye ngazi ya sekondari. 

Kwenye ibara ya nne ya rasimu ya Katiba, lugha ya Kiswahili inapewa kipaumbele cha juu. Kifungu cha kwanza katiba ibara hii inaeleza kwamba: Lugha ya Taifa ya Jamhuri ya Muungano ni Kiswahili na itatumika katika mawasiliano rasmi ya kitaifa na kiserikali. Kifungu cha pili kinaeleza: Bila ya kuathiri masharti ya Ibara ndogo ya (1), lugha ya Kiingereza inaweza kutumika kuwa lugha rasmi ya mawasiliano ya kiserikali pale itakapohitajika.

Kwa mtazamo wangu, maelezo na mapendekezo yaliyotolewa na Tume ya Warioba kuhusiana na Kiswahili ni bora. Kwanza, utambulisho wa Mtanzania ni ule unaotokana na ufasiri wa lugha, uongeaji wa lugha ya Kiswahili na juu ya yote utofauti wetu unaotokana na uongeaji wa Kiswahili. Wale wanaopinga matumizi ya Kiswahili sababu yao kuu ni sehemu ya Tanzania miongoni mwa mataifa ya dunia. Wanasema Watanzania watabaki kuwa waongeaji wa Kiswahili wakati lugha ya biashara, lugha ya uhusiano wa kimataifa ni Kiingereza. Rasimu ya Katiba imeweka wazi kwamba lugha ya Kiingereza inaweza tumika katika mazingira ya kipekee. 

Swali kuntu hapa ni je, Kiswahili kibaki kama lugha rasmi, ya kiofisi na lugha ya kufundishia? Ama tubadilishe na tutumie Kiingereza kama lugha ya kufundishia? Ama zote zitumike kwa mkupuo? Hakika kazi tunayo ili kupata muafaka.

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.

 

 

Tanzania's Constitutional Review Commission to release first draft this afternoon

Nicodemus Minde

The Constitutional Review Commission will today unveil the first draft of the proposed new constitution. In this historic event, the CRC will outline the proposed new constitution before a televised live broadcast from Karimjee Hall. Tanzanians wait with baited breathe to see what the new constitutional will be like. After months of intense collection of views, deliberations and critical constitutional review, the Commission chairman Joseph Warioba will present us a proposed new law. The process has been largely successful in terms of citizen engagement, civil society input, political party proposals, inputs by various religious organizations and private citizens. 

Tanzania comes of age in this landmark occasion when the CRC unveils the first draft. The CRC process in itself earmarks the onset of a new constitutional order in the country. Tanzanians wait to see what the draft will say on critical issues such as the union between Tanzania mainland and Tanzania-Zanzibar. Of crucial importance shall be the system of governance and the nature of the union. Will it be a sole unitary state? or will it be a semi structured federal or decentralized state? will it be a two tier government system? This remains the most important section, which if correctly outlined and consented by the people shall either salvage or rock the union. Other crucial elements shall be the powers of the president, which must be trimmed and checked if we really envisage a democratic society. The role of parliament and the where the president shall draw his cabinet is also crucial. Civil liberties and rights of citizens is also of crucial importance. The rights of disabled members of society, inclusivity, increased democratic space among many are also areas that the draft should address.

Another very important segment that the draft should address is the role of provincial administration. The provincial administration has for decades been used as a ruling party arm where retired army generals who are CCM bigwigs, use the office as a CCM machinery for controlling regional resources. 

The issue of curbing the ever increasing religious intolerance should also be addressed. I trust that the draft will meet the expectations of the Tanzanian people. God bless Tanzania!      

Restructuring Tanzanian Constitution: Why a Decentralized System is best

The oldest constitutions in the world were framed in the 17th century and have been described as revolutionary pacts because they ushered in new political systems. After decades of a permeable and loosely constructed constitution, Tanzania is now in the process of drafting a supreme law that will address and map the future of Tanzania. The Constitutional Review Commission under the chairmanship of retired judge Joseph Warioba is now in the stages of creating constitutional councils (mabaraza ya katiba). The 1977 constitution was born after the political union of Tanganyika and Zanzibar. The law, as Issa Shivji puts it, derived its legal authority from the Articles of the Union. The process meant that Zanzibar lost its autonomy and was succeeded by Tanzania. International law, under the topic of state succession will best explain the 'dissolution' of Zanzibar and how its autonomy was swallowed by mainland Tanzania. This is a sensitive topic, which has elicited sharp reactions from Tanzania Zanzibar politicians. 

The ascension of the 1977 constitution, declared by virtue of law, the supremacy of single party dictatorship in Tanzania under the CCM banner. I don't intend to delve into the ramifications thereof of a single party rule. Of crucial importance today shall be the decentralization form of government through a contextual analysis of Tanzania. 

Tanzania has been operating as a loosely conceptualized unitary state. There is a union parliament, house of representative in Zanzibar, a union president and the president of Zanzibar. Zanzibar MPs have always called for more autonomy of the isle. Bickering over the 'state' of Zanzibar have become a norm. In addressing the dissatisfaction of Zanzibar on the degree of autonomy, a decentralized form of government can best deal with this.

Decentralization is a mechanism that disperses authority from the central government to other institutions or levels of government, and as such it becomes one solution to many problems that arise over dissatisfaction by constituent members. Decentralization can involve assigning sub-national levels of government elements of 'self-rule' by which they obtain the authority to regulate and/or run certain functions or services on their own such as healthcare, primary education and can also include the establishing of a system of shared rule, allowing sub-national entities to be involved in national rule making, often through delegation of duties. The object of decentralization remains devolution of services, and creating national unity within a polity. 

A decentralized form of government will see more economic development through federal state, regional or county based government. Services shall be devolved to local constituents, meaning that the management of these basic necessities will be at the plate of local government. Appeasing Zanzibar can best be done through sub-national devolution where these units are given autonomy as constituent entities of a territory. With over 26 regions, Tanzania can best serve the needs of the now 45 million people better through a well structured devolved system of government. The positive effects of decentralization of power are among many; the limitation of authoritarianism at national level brought about by dictatorial political parties and individuals, increasing responsiveness to the needs and preference of the people, encouraging positive, active approaches to government and policy development. For a country that is well blessed with resources, good climate, tourism (just to mention a few), Tanzania;s form of decentralization can be a model for prosperity. Though, negative aspects can crop such as harmful competition among regions, deficiency in human and financial resources, a proper law and good leadership can instigate progress. The depth of decentralization can go as far as judicial/legal devolution, revenue devolution, fiscal devolution among others. A constitutional edifice that champions this will no doubt bring prosperity.

Constitutional Review in Tanzania: Tanzanians urged to be part of the process

Wednesday 27, 2012: Tanzania is in the process of drafting a new constitution. The Constitutional Review team under the chairmanship of retired judge Joseph Warioba. The review team has been conducting regional meetings to seek the opinions of Tanzanians on what they would like the new constitution to provide. This is in deed a crucial moment of Tanzania's history. This process marks an important phase in collecting the views and opinions of all Tanzanians regarding the new constitution. The process is guided by Chapter 83 of the  Constitutional Review Law. 

Of critical importance is a clear understanding of the 1977 Constitution. One cannot make any meaningful contributions without a clear and detailed analysis of the current constitution. It is thus imperative for all Tanzanians of sound judgement to read the 1977 law so as to make a reason for basing your opinion. Most of the time, the politicians have used the review process as a campaign platform without duly recognizing the importance of the voice of the ordinary man. 

Important information

• Every Tanzanian with Tanzanian nationality is eligible to be part of the review process.
• Any Tanzanian who has given up his nationality is not allowed to participate in this process, doing this will amount to a criminal offense.
• The review team will receive opinions in any of the following means:
• Through its website: www.katiba.go.tz
• Through Email: katibu@katiba.go.tz)
• Tel: +255-22-2133442 and +255-224-2230769  
• Post: P.O Box  1681 DSM or P.O Box 2775 Zanzibar
• Through regional meetings

Tanzanian are thus urged to take part in this process for the betterment of our future.

God Bless Tanzania