Demand for Tanzania's new constitution gets impetus after consensus

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.

FILE: President Jakaya Kikwete and his Zanzibari counterpart Ali Mohamed Shein prepare to unwrap copies of the Draft Constitution presented to them by the Warioba Constitutional team. The two presidents have since retired from office. The process of writing a new constitution was never finalised.

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.