Will Tanzania get new constitution after more 60 years?

By Osoro Nyawangah

President of Tanzania, Samia Hassan said last Monday June 28 that boosting Tanzania’s economy remains her first priority, and asked to be given time to achieve that; thereafter she may look at new constitution process agenda and allow political rallies.

Tanzania citizens demonstrate demanding new constitution with a placard "New Constitution is a Must"

Tanzania that attained its independence 60 years ago has been struggling to grow its economy and according to the President, the country's economy grew by 4.8 percent last year, against a projection of 5.6 percent due to the Covid-19 pandemic.

Speaking during her maiden press conference, the Head of State said the proposed new constitution agenda and banned public political rallies will be revived when the economy improves.

She, however, said that Tanzania was facing a number of challenges that needed immediate addressing.

“From the Covid-19 pandemic and the slow economic growth rate, we have a lot of issues to work on in an effort to open up the country’s economy.” She said.

She said she needs time to uplift struggling economy: "Give me time so that Tanzania’s economy can stand firm. They say economic power buys political power.” She said.

Taking his own party by surprise, former President, Jakaya Kikewete took the opportunity of his 2011 New Year’s public address  to announce plans to introduce a new Constitution for the United Republic of Tanzania. 

On 6 April 2012, President Kikwete appointed a Constitutional Review Commission (CRC) led by Joseph Warioba, a former Prime Minister of President Ali Mwinyi who was then serving as a judge on the East African Court of Justice. The commission included retired Chief Justice Augustino Ramadhan as the Vice Chairperson as well as 30 other members.

President of Tanzania, Samia Hassan

The opening of this constitutional review process raised hopes among many Tanzanians. Coinciding with the celebrations of the 50th anniversary of the Union, it was expected to give space to a critical engagement with several core issues of the United Republic such as: the nature of the Union between Tanzania bara (mainland Tanzania or former Tanganyika) and Zanzibar; the protection of civil liberties and human rights; and the electoral system. 

After 8 months and a chaotic process, the Constituent Assembly (CA) finally handed the proposed Constitution to President Kikwete in October 2014.

To  be officially adopted, the Proposed Constitution has to be approved by no less than 50% of voters from either side  of the Union. 

Even though the Constitutional Review Act states that the referendum must be held within 84 days of the delivery of the proposed constitution to the President, until now, no date has been set for the referendum.

The public political rallies and peaceful political demonstrations provided for by the constitution were banned by former President John Magufuli's government in June 2016.

Former Tanzania Media Women’s Association (TAMWA) Executive Director, Ananilea Nkya

Tanzania police force banned opposition parties from conducting planned nationwide protests for fear of escalating into civil disobedience amid growing allegations that President Magufuli was abusing his power.

The development came after the main opposition party Chadema scaled up attacks against the president after the government dropped live broadcasts in parliament and the decision to suspend over 7,800 students pursuing special teaching diploma courses at Dodoma University.

Since then, the opposition parties, civic society organisations and human rights activists have been crying to the government to allow the continuation of new Constitution process and uplift the rallies ban.

President Hassan's arguement is that to achieve the economy revival goals, the country must be stable and peaceful. “It is the responsibility of everyone (the government, the media and political parties) to achieve that goal,.” She said.

That she needed time to achieve what is expected of her. “When that is achieved, we will work on other issues, including the politicians’ public rallies and the new Constitution… As of now, we allow parties to conduct their internal meetings but not public rallies.” She insisted.

The opposition leaders and activists are opposed to the President Hassan's prioritization, arguing that sound governance is the most important pillar in economic development and that one cannot achieve sound governance without sound democracy processes.

That sound governance offers alternative forms of collaboration and partnership building to engage citizens, enhance governance, and maximize citizen participation in public administration.

The Chairman of the main opposition party, Freeman Mbowe

Former Tanzania Media Women’s Association (TAMWA) Executive Director, Ananilea Nkya, argues that the new constitution is the most requirement and that better constitution is the cornerstone for sustainable development.

"Tanzania's constitution is the legal, political and administrative consensus document on how they prefer their contry to be governed." She said in her twitter page warning the President that without better constitution she will not revive the economy as she anticipates.

The Chairman of the main opposition party, Freeman Mbowe placed his blame to the President's advisors who seem not to know the five years' pains the country experienced during late President John Magufuli's tenure.

"Tanzania needs a new constitution now. There is nothing preventing the writing of a new constitution while waiting for the economy to grow. It is unfortunate that, for the entire 60 years of its independence, Tanzania has sung the same hymn of building the economy." Mbowe said.

He reiterated his call that the current constitution doesn't serve Tanzanians. The amendments that have been made are not effective and have not benefited the people. 

"Samia could cement her legacy by giving Tanzania a new constitution now and give us space to exercise our constitutional and democratic right of assembly." He insisted. - Africa