The Tanzania Constitutional Forum (TCF) is now calling for talks with the president to at least allow minimum reforms it believes will enable free and fair elections.
TCF executive director Hebron Mwakagenda said the reforms would allow the establishment of the Free and Independent Electoral Commission, grant rights to independent candidates, allow a legal mandate to launch election complaints before the Supreme Court and make it possible for political parties to join coalitions.
According to the civil society lobby, a failure to enact a new Constitution in Tanzania could deprive the people of their basic rights.
A Tanzanian constitutional review lobby is seeking minimum reforms to the Constitution before civic elections in 2019 and the 2020 general election, and wants the John Magufuli government to facilitate the amendments.
But President Magufuli last year said that a new Constitution was not on his priority list, sparking criticism among his detractors.
The Tanzania Constitutional Forum (TCF) — made up of more than 180 civil society organisations in the country — is now calling for talks with the president to at least allow minimum reforms it believes will enable free and fair elections.
TCF said there is a need to amend some articles in the Constitution of the United Republic of Tanzania of 1977 and that of Zanzibar endorsed in 1984.
TCF executive director Hebron Mwakagenda said the reforms would allow the establishment of the Free and Independent Electoral Commission, grant rights to independent candidates, allow a legal mandate to launch election complaints before the Supreme Court and make it possible for political parties to join coalitions.
The lobby is also seeking reforms that would attract absolute majority winners and fair election of women in political posts.
“TCF wants the 1977 Constitution amended to make it possible to challenge presidential election results in court and ensure that a president is elected by the absolute majority,” said Mr Mwakagenda.
He cited the nullification of the Kenyan presidential election this month by the country’s Supreme Court as an example of a good Constitution playing a role in democracy.
According to the civil society lobby, a failure to enact a new Constitution in Tanzania could deprive the people of their basic rights.
Mr Mwakagenda said that several cases of violation of human rights in Tanzania have been observed over the past two years.
They include blocking live coverage of parliamentary proceedings which has been in place since last year, a ban on political rallies by opposition parties and the arbitrary arrests of Members of Parliament.
Other issues the TCF is protesting is a police crackdown on media houses and the abuse of power by regional commissioners who arrest and remand people for up to 48 hours without a charge under sections of the law.
Last November, President Magufuli told a press conference at State House that a new Constitution was not his government’s priority, shattering the dreams of many who had hoped the new leader would deliver on one of the ruling party’s biggest promises to the people in recent years.
He was speaking during a question-and-answer session with media practitioners on the eve of his one year anniversary in office.
When asked what agenda he had regarding the stalled constitution-making process, Dr Magufuli was blunt that it was not in his immediate plans to revive the process. “Let me build the country first,” the President said, noting that there were many examples of countries with the best written laws, but with nothing to write home about in terms of development.
President Magufuli, however acknowledged that he was aware the process to review the country’s Constitution was in progress.
“The good thing is that the process has reached an advanced stage,” he said of the stalled plan to call for a referendum.
The government failed to announce the date for a referendum on the proposed new Constitution which was altered by a Constitutional Assembly made up of the ruling Chama cha Mapinduzi (CCM) only. It met fierce criticism from opposition parties, CSOs and the Catholic Church.
Opposition parties who joined forces under the Umoja wa Katiba ya Wananchi (UKAWA) walked out of the Assembly protesting the scrapping of key issues in the draft law.
The Tanzania Episcopal Conference (TEC) issued a resolution identifying seven weaknesses in the proposed law saying such a constitution is unacceptable and does not fit the requirements of modern Tanzania.
The draft Constitution is based on citizens’ opinions gathered by the Constitution Reform Commission led by Justice Joseph Warioba. It proposed a three-tier governing structure with semi-autonomous governments for Zanzibar and mainland Tanganyika and an overarching Union government.
It also proposed term limits for Members of Parliament, giving the people power to impeach legislators who do not deliver on their mandate and the window to question presidential results in court. These issues were expunged by the Constitutional Assembly chaired by Samuel Sitta.
“Powers of the President have neither been reduced nor been subjected to checks and balances. This means excessive power to the presidency and hence the entire system,” Bishop Severine Niwe-Mugizi, who was chairing the TEC’s Peace and Justice Committee told The EastAfrican, vowing to mobilise the 10 million Catholics to reject the draft law.
Although the official campaign period for the referendum is yet to be announced, the government has already launched an awareness drive through state television on the content of the proposed Constitution.
But CCM Secretary of Political Affairs and International Relations Colonel (rtd) Ngemela Lubinga said a week ago that the new Constitution was not a priority of his party.
