By Jacob Mosenda, DAR ES
SALAAM Tanzania
Different priorities among frontline stakeholders in the constitution review processes pose a setback to the achievement of a shared goal of finding a new constitution, according to a conversation heard yesterday.
In response to these concerns,
the Tanzania Constitutional Forum (Jukata) recently organised a pivotal two-day
workshop. This forum convened leaders from diverse sectors, including political
parties, civil organizations, religious leaders, academics, and human rights
defenders, aiming to foster an environment of collaboration and
consensus-building.
At the heart of the matter
lies the essential need for shared resolutions that will propel the stalled
constitutional review process forward. “We need to take advantage of President
Samia Suluhu Hassan’s expressed commitment to the new Constitution,” asserted
Bob Wangwe, Jukata’s executive director.
However, this gathering of
minds unearthed differing perspectives among various political parties,
including Chadema, ACT-Wazalendo, NCCR-Mageuzi, Civic United Front (CUF), and
Chauma. Though united in the aspiration for a new constitution, the nuanced
priorities of each party cast a spotlight on potential divergences.
Religious leaders and Civil
Society Organizations (CSOs) found themselves at a crossroads, grappling with
the initiation of a new constitution process that has remained stagnant since
2014.
One of the stakeholders’
concerns is the fact that, despite a task force appointed by President Hassan
endorsing a restart, the focus of the Minister for Constitutional and Legal
Affairs, Dr Damas Ndumbaro, seemed to be elsewhere. The unexpected turn came in
late July, during Dr Ndumbaro’s visit to Songea. He declared that public
education about the existing constitution would be a starting point in
September.
This announcement left
stakeholders taken aback, as their expectations were primed for the
commencement of the new constitution process. Compounding the situation, the
Registrar of Political Parties solicited opinions from members regarding
changes to electoral laws—a move that puzzled stakeholders, given that
constitutional amendments had not yet been implemented. ACT-Wazalendo’s
spokesperson for constitutional and legal affairs, Mr Mbarala Maharagande,
articulated this sentiment, stating that the sequence raised doubts.
“We were shocked because the
changes to the Constitution have not yet taken place. So we saw that it has no
good intentions,” he said.
He said that after
participating in the task force of political stakeholders, they recommended the
need to rejuvenate the process for a new constitution.
“We believe that the authority
to interpret the views of the people was under the Constitutional Amendment
Commission; the Parliament was not supposed to demolish these foundations,” he
said.
All those leading calls for a
new constitution, despite belonging to different groups with different
interests, all converged on their demand for a new document under Jukata’s
umbrella.
Although the focus has been on
getting a new document, exactly how to arrive at that desired destination is
what made the two-day debate even more fascinating, so to speak.
There are those who have been
thinking a new electoral body should come first to even the political
playground because those elected through such elections will ultimately decide
what kind of constitution the country gets.
However, another section
believed that nothing meaningful and fair could be done under the current
constitution, so a new constitution should come first because an electoral body
was nothing but a cog in the machine.
In the debate, it was evident
that there was a need for stakeholders, especially political parties, to have
one mind to avoid further delay in the realisation of the country’s new
constitution under President Samia Suluhu Hassan.
The bishop of the Mennonite
church in Tanzania, who doubles as the chairperson of the Interfaith Standing
Committee, Bishop Nelson Kisare, said that there have been varying interests
from various groups that have all struggled for a new constitution, an issue
that could pose a major obstacle to the agenda.
He said President Hassan had
shown intention to initiate the constitutional process, while some political
parties have had different priorities of what should come first, along with the
minister for legal and constitutional affairs, who prioritises conducting
public education on the existing constitution first.
“The time has come for you
(stakeholders) to have one mind or priority, even amidst varying interests.
Harmonise yourselves so that you can convince the people to see the importance
of the new constitution and not confuse them with other priorities,” he said.
“Let us ask ourselves where we are stuck. The Word of God says that the
children of Israel wandered in the desert for 40 years. Should we hold on to
the formation of one committee after another with no progress while you are
spending money? Let this forum enhance your reflection,” he emphasised.
Jukata’s board chairperson, Dr
Ananilea Nkya, warned that the constitutional process should not be used as a
tool for politicians to seek votes but should be an issue that unites all
parties and groups with good intentions for the country.
“Political parties have a
bigger chance to help in the realisation of the new constitution if they stand
in unity. Through this platform, we have to come up with the resolution and
decide what should start and what should follow,” she explained.
According to the debate, the
presence of different priorities created a bigger division that would further
delay the stalled process.
“There should be a dialogue
between various stakeholders to find a common framework before re-starting the
process,” noted Dr Idd Mandi, lecturer, the University of Dar es Salaam School
of Law.
He reminded us that the
process stalled because there was no framework or agreement in all the areas
that were being discussed, and “we should not get into this trap again.”
After the two-day discussion,
stakeholders agreed on several things to work on, including having one main
goal, classifying what should start before the other, and insisting on the
start of minimum reforms in the law.
Chadema’s secretary general,
Mr John Mnyika, said, “In our opinion, stakeholders and civil organisations
should not fall into this trap of delaying the new constitution; instead, the
government should send a bill to parliament in September to set the order and
the entire schedule of the Constitution process.”
He said in the meeting of
President Hassan and leaders of political parties held at the State House of
Dar es Salaam on January 3, 2023, the president promised to establish a
committee on the Constitution.
“We believe that this is a
constitutional committee, and she should not create it herself, but it should
be within the law,” he said.
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