Tanzania constitutional reform process begins

By Deodatus Balile in Dar es Salaam

March 26, 2012

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President Jakaya Kikwete's announcement last week that a Constitutional Review Commission will be formed in April, has been hailed as a serious step towards addressing contentious issues in the country.

  • Ali Mohamed Shein (right), president of semi-autonomous Zanizibar island, greets Tanzania's President Jakaya Kikwete during swearing-in ceremony in Dar es Salaam in 2010. [Yasuyoshi Chiba/AFP]

    Ali Mohamed Shein (right), president of semi-autonomous Zanizibar island, greets Tanzania's President Jakaya Kikwete during swearing-in ceremony in Dar es Salaam in 2010. [Yasuyoshi Chiba/AFP]

The process of reforming Tanzania's constitution will provide an opportunity to address a number of long standing issues, said Deus Kibamba, chairman of Jukwaa la Katiba Tanzania, a coalition of civil society organisations interested in promoting Constitutional Democracy in Tanzania through broad public participation.

"The president has announced publicly that next month [he] is forming the Constitution Review Commission, which will collect views from Tanzanians of different walks… this is the time we have been waiting for, and the nation starts the process of being reborn," Kibamba told Sabahi.

The move to write a new constitution has been a contentious issue in Tanzania, especially with regard to the role of the central government and local governments. The new constitution is expected to address the possible reinstatement of a Tanganyika government, to exist alongside the Revolutionary Government of Zanzibar.

In 1964, the island of Zanzibar united with mainland Tanganyika to form the United Republic of Tanzania. With the merger, the government of Tanganyika was absorbed into Tanzania's union government, but the Zanzibar government continued to function.

Under the current constitution, the Revolutionary Government of Zanzibar is semi-autonomous and has jurisdiction over local matters except 22 union matters which include fiscal policy, foreign affairs, defence and security, emergency powers, immigration, the national debt and trade.

The ruling party, Chama Cha Mapinduzi (CCM), has expressed support for the current system, but almost all opposition parties demand the government of Tanganyika be restored.

"The citizens have the right to decide whether they like our policy of two governments or that of the opposition which advocates for three governments," CCM Ideology and Publicity Secretary Nape Nnauye told Sabahi. "But our reasons are clear on this; it is very expensive to run three governments, [so] we better continue with the current two governments," he said.

Zitto Kabwe, deputy secretary general for opposition party Chama Cha Demokrasia na Maendeleo (CHADEMA), told Sabahi that constitutional reforms are overdue and represent the only way to restore the nation's hope and help grow the economy. Kabwe said CHADEMA will campaign for the restoration of a local government of Tanganyika.

According to constitutional lawyer Sengondo Mvungi, additional items to be addressed in the new constitution are separation of powers, presidential powers, the right to education and healthcare, and the right to information.

Under the current system, Kibamba said, the president is also the chairman of the ruling party and leads party meetings including those to nominate the speaker of the National Assembly. The president also appoints the chief justice and judges.

Kibamba called for the right to education and healthcare to be legally enforceable as is the right to life. "Even if someone just threatens to kill you, the constitution stands on your defence. We want the same magnitude to apply for education and health of the citizens of Tanzania," Kibamba said.

Tanzania Teachers Union President Gratian Mkoba told Sabahi that teachers account for 56% of government employees, yet five separate government departments manage them, making it cumbersome and inefficient. He said his association is campaigning for a special section in the constitution to establish a Teachers Service Commission similar to that in Kenya.

Executive Secretary for the Media Council of Tanzania (MCT) Kajubi Mukajanga said the current constitution provides general guidelines to the right of information, but fails specifically to guarantee the freedom of the press. MCT has appointed a five-person committee to draft proposed clauses to be submitted to the Constitutional Review Commission for consideration as well.

Kikwete has said the new constitution would ready by April 2014 to coincide with the 50th anniversary of the union Tanganyika and Zanzibar.

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  • thomas chitumbi
    March 29, 2013 @ 01:35:37AM

    I think there is a great urgency of amending our constitution in Tanzania as soon as possible before problems happen. These amendments will enable us to build our country as a nation with right and pure democracy. The current constitution is not bad but it does not meet citizens democratic demands due to various changes in life and administration systems. So it is important to amend those weak areas, adding new missing articles and making sure they are implemented.

  • mavukilo salima b
    December 28, 2012 @ 07:01:46AM

    the new constitution should look at freedom of the media

  • BARAKA MNG`ONG`O-MUHAS UNIVERSITY
    November 27, 2012 @ 05:20:05PM

    I DEEPLY CONCERNED WITH THE STATE PROSPERITY,THE GENERATION,STRENGTH AND POWER OF ANY NATION IN THE WORLD RELY ON MAN AND FINANCIAL/ECONOMIC RESOURCES,THEREFORE THE CONSTITUTION HAS TO TAKE TOTAL TO THIS RESERVED HUMAN RESOURCE,THE CHILDREN,AS IT IS IN MOST COUNTRIES AROUND THE WORLD LIKE USA,STREET,HOMELESS ,ORPHANS AND OTHER CHILDRENS GROUPS WHICH ARE PART OF THE VULNERABLE GROUP SHOULD BE UNDER THE SPECIAL CARE AND ATTENTION OF THE GOVT,THE CHILDREN`S RIGTHS SHOULD BE INCORPORATED IN WITHIN THE CONSTITUTION ANY OTHER ISSUES RELATED TO CHILDRENS AFFAIRES,LIKE CHILDREN`S DELIQUESCENCE etc Also the NEW constitution should incorporate the determination of religion in the state affaires,my point to that arises due to the prosess of INNAGURATION of the Public Services officers/servants becourse they use HOLLY BOOKS,That could be BIBLE OR QU`RAN,ON THE OTHER HAND WE SAY COUNTRY IS NON RELIGION ALLIE/RELIGION FREE STATE,I think the President,MPs plus other public servants should be sworn by the SOVEREIGHN NAME OF THE UNITED REPUBLIC OF TANZANIA.............OR As ``I ..................PROMISE BEFORE THE MASS OF THIS STATE AND I WILL ABIDE TO THE CONTSITUTION AS REQUIRED BY LAW,I WILL NOT EXERCISE MY POWER BEYOND THE STIPULATED LEGAL LIMIT,I WILL SOLEMLY LEAD AND NOT RULE,PEOPLE REGARDLESS OF THEIR COLOUR,TRIBES,RACES,POLITICAL AFFINITY,RICH OR POOR,RELIGION OR INVOLVE ANY SOUGHT OF DISCRIMINATION..FOR THE INTEREST OF MY FELOW TANZANIAN AND MY STATE BY BARAKA MNG`ONG`O.........

  • godfrey maingo
    November 18, 2012 @ 11:53:16AM

    THESE DAYS EVERY MEDIA OUTLET HAS A POLITICAL PARTY THAT IT FAVORS? WATCH OR READ THE NEWS OR LISTEN TO JOURNALISTS YOU WILL DISCOVER THAT NOW THE WIND IS BLOWING TOWARDS CCM A MUSLIM CHAIRPERSON AND A MUSLIM VICE YET IT HAS ANNOUNCED THAT CORRUPTION IS A NATIONAL DISASTER

  • Jum Abdullaha Mutabazi
    October 22, 2012 @ 06:16:36PM

    1. The new constititon should abolish Regional and District Commisioners. These are political posts and their duties should be fulfillied by charmen of each and every in existance Political Party at regional and district level. At the moment the RCs and DCs are appointed by the President and are all CCM members So what will hapen to them in case e.g Chadema wins the election? Will Chadema retain them or sack them and appoint Chadema RCs and DCs?. This will create chaos. Regional and Distrct Directors are enough to carry out all administrative duties in the regions and districts. 2, MP Spesial Seats have no palce in paliament. Elected MPs represent every body in the constituency and the coutry as a whole.. So why have speal seats.? What for? Let women compete like any other person in the country to becom an MP. 3, The President should not appoint Judges. A powerful commoision should be formed to appoint Judge and those who would be apppointed should first apply, then be interviews and then and those who merit will be appointed.

  • monicah andeo
    March 27, 2012 @ 07:11:05AM

    i can't comment now may be later in the evening

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