DAR ES SALAAM, Tanzania
After the death of Tanzania’s president John Magufuli in March 2021, his successor Samia Hassan began her tenure by departing from his undemocratic style.
President Hassan inherited
a divided
nation. But in her first
days in office she created a sense of optimism, not just through her
calls for reconciliation and national unity but her candour.
Careful not to upset the
hardliners in her ruling party, Chama Cha Mapinduzi, she was calculating in achieving
her boldest reversal – the country’s COVID-19
ambivalence. An advisory expert committee helped pave
the way for Tanzania to join the COVAX programme and begin vaccinating
its citizens – with the president taking
the lead.
The new president also spoke
against suppressing media
freedom. She released dissidents
and pledged to meet the opposition.
But now her leadership is under scrutiny over her handling of demands led by opposition leaders for a new constitution.
On 21 July, Chama cha Demokrasia na Maendeleo party leader, Freeman Mbowe was arrested as he prepared to address a constitutional forum
arranged by his party. He was slapped with terrorism charges.
The continued harassment of
the opposition, arbitrary arrest and trumped-up charges are a reminder of the
inadequacies of the current constitution and the need for constitutional
reforms.
How Tanzania got here
One of the promises that Hassan made as she assumed office was her willingness to meet the opposition.
Previously, opposition party leaders and members were harassed and brutalized
and political party activity was unlawfully banned in July 2016. But the
clamour for constitutional reform has set her and the opposition on a collision
course.
Chama Cha Demokrasia na
Maendeleo has vowed not
to participate in another election under the current constitution. It has
called for reforms to the management of elections, which can often be shambolic.
There have also been demands
for an independent electoral commission as well as the restructuring of the
union between Tanganyika and Zanzibar. These two make up the United Republic of
Tanzania.
One of the defining features of Tanzania’s current constitution is the imperial powers vested on the head of state.
Founding leader Julius Nyerere once remarked that
the constitution gave him the status of a God. Together with the need to
curtail the powers of the president, there has been a demand for
a progressive law that is anchored by the principles of human rights, freedoms
and institutional accountability.
The current
constitution came into effect in 1977 during single-party rule. By
design, this constitution consolidated one-party dominant rule, which has been
the defining feature of Tanzania’s politics.
Recent constitutional reforms
in Tanzania began in 1991 with the setting up of the Nyalali
Presidential Commission to advise on the transition from single-party
rule to multiparty democracy. This commission made a host of recommendations
which led to other reform demands such as the restructuring of the union
between Tanganyika and Zanzibar.
In 2010, Tanzania’s fourth
president, Jakaya Kikwete, initiated a process to comprehensively review the
1977 constitution. Led by Judge Joseph Warioba, it culminated in a draft
constitution that was presented to a Constituent Assembly for debate. One of
the changes proposed was a three-tier union structure. But political intrigue
stifled this.
A new draft constitution was
produced in October 2014. The proposed new constitution was to be subjected to
a referendum in 2015, but this failed to happen. When Magufuli became president
in 2015, he said a
new constitution was not part of his agenda.
Why a new constitution?
The clamour for
a new constitutional dispensation in Tanzania is not new. However, the
country’s slide
to authoritarian and repressive rule in the past few years has
reignited the hunger for change.
Constitution making through
popular participation is crucial in strengthening national unity and empowering
public support for nation building. Countries such as South Africa and Kenya
have demonstrated that such reforms are possible.
Tanzania has enjoyed relative
political stability over the years. But, it needs a new constitution to address
contemporary challenges such as poverty, inequality and corruption. A
constitution could strengthen public institutions through good governance and
accountability.
President Hassan still enjoys
public goodwill early in her term. She, therefore, has a historic chance to
peacefully steer Tanzania towards a new constitution. She can draw on this
goodwill, her collegial approach and her experience as the vice chair of the
2014 Constituent Assembly to take control. If not, today’s political demands
could evolve into tomorrow’s political crisis. – The Nation
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