Peter Dafi
JF-Expert Member
- Apr 1, 2012
- 392
- 272
Dar es Salaam. There is no consensus on the fate of the
constitutional process after the postponement of the referendum,
with stakeholders divided on what is the next course of action.
While the National Electoral Commission and some members of
the ruling party (CCM) say the referendum will take place at any
time this year once the voter register is complete activists and
opposition leaders and are of the view that the postponement of
the referendum provides an opportunity to go back to the
Constituent Assembly, after the General Election, to wield out
divisive issues in the Proposed Constitution.
But other stakeholders are of the view that the way things are the
postponement of the referendum could be the end of the
constitutional making process as they know it and that the
continuation of the process would depend on the will and wishes
of the next president. NEC postponed the April 30 constitutional
referendum early this month because of slow progress in voter
registration.
After that postponement there are uncertainties over what the
next step is for the constitutional process. Both the Constitutional
Review Act, 2011 as amended in 2012 and the Referendum Act,
2013 are silent on what happens when the referendum is
postponed. This silence leaves the issue to political interpretations
and goodwill.
Both laws provides a guide on the constitutional process to the
day of the promulgation of the new constitution. They also
provide a direction of what to do in case the YES votes do not
reach more than 50 per cent in both sides of the union.
Section 35(3) of the Referendum Act and section 36(3) of the
Constitutional Review Act say; Where the votes cast YES on a
question at a referendum are not more than fifty per cent of the
total number of votes cast in either Mainland Tanzania or
Tanzania Zanzibar or both in Mainland Tanzania and Tanzania
Zanzibar, the National Electoral Commission, upon agreement
with the Zanzibar Electoral Commission and by notice published
in the Gazette, appoint another day within thirty days after the
declaration of the results to repeat the poll and referendum
procedures shall commence afresh.
If necessary both laws give the President the powers to reconvene
the Constituent Assembly to change those provisions that were
rejected by the people during the voting. And section 35(5) of the
Referendum Act as well as section 36(5) of the Constitutional
Review Act say; Where the majority of the votes cast in the
referendum is No, the Constitution of the United Republic of
Tanzania, 1977 shall remain in force.
The opposition parties that have grouped themselves under the
coalition of the defenders of peoples constitution (Ukawa) the
idea has always been for postponement of the referendum so as
to pick up and find consensus on the contentious issues such as
the structure of the union which made them walk out of the CA in
the first place. The co-chair of Ukawa, Prof Ibrahim Lipumba says
it would be wrong to continue with the referendum at a later date
before revisiting the divisive issues in the Proposed Constitution.
In fact their boycott of the process was aimed at forcing the
government to postpone the referendum until the country gets
done with the General Election and open talks for the proposed
constitution with the aim of achieving a national consensus
before going to referendum, Prof Lipumba who doubles as CUF
chairperson said.
On his part the National coordinator of Tanzania Human Rights
Defenders Coalition (THRD) Mr Onesmo Olengurumwa is of the
view that the referendum should not be held this year because of
the political environment in an election year. The government
should not feel that it was defeated by postponing the
referendum. NEC should be left to do its work, and I strongly
believe that the October election should be their top agenda
because it cant wait, he said.
He noted that the draft constitution on its own is a hot issue, with
opposition and other groups disputing its content. We need a
national consensus over the matter, and we can get there when
politicians are of sober mind, thinking not of how they are going
to defend their seats, he adds. Mr Olengurumwa who is also a
lawyer proposes the amendment of the laws (the Constitutional
Review Act and the Referendum Act) to provide for a way
forward. People have been complaining about the two laws. The
laws have been broken a number of times, now we can amend
them to have a healthy debate on the process.
Political Science don from University of Dar es Salaam Dr Benson
Bana said the ruling party, CCM and the opposition have real
differences on the Proposed Constitution. The bone of contention
between the ruling party CCM and opposition is the structure of
the union. While CCM defends the incumbent two governments
the opposition wants three governments, I cant see a consensus
is achieved there, he said.
According to Dr Bana the postponement doesnt mean that the
room for debates is open and that the process is supposed to
continue from where it stopped when NEC solves the current
challenges. In the meantime he cautioned politicians should not
hijack the process which started with peoples opinions and
which would end with the mass decision on referendum.
He said fears that if the process is to continue after the General
Election it might not be a priority of the new government are
unfound. The constitution is not a preserve of the President; it is
the President who is made of the constitution The next president
might influence the process, but would not change or halt the
whole process.
CCM MP for Nzega Constituency Dr Hamisi Kigwangalla told
Political Platform that although the union structure is no go
zone, still there are necessary reforms that are needed to be
adopted before October elections.
The reforms are forming independent electoral body, allowing
private candidature and challenging presidential election on
court.
We need them before the election, the opposition have been
calling for them for years, and that doesnt mean we (CCM) have
played foul in past elections, but we need them to have more
credible elections, and I believe opposition and other groups will
have no one to blame when CCM wins with the reforms on place,
he said.
However, Dr Kigwangalla acknowledges that the remaining time
to October might not be enough to have the reforms in place, We
need the Parliament to adopt the changes, while in reality we are
remained with budget parliament which deals with budget affairs
only. To pass the reforms we might need to extend the life of the
parliament for some time, but that would be difficult since by
then people will be busy with party primaries but for the
national interests, it is still possible to do that.
On opening talks about possible changes on the proposed
constitution, Dr Kigwangalla said, first the referendum should be
held and new constitution passed, then if needs be changes
should come in form of constitutional amendments.
constitutional process after the postponement of the referendum,
with stakeholders divided on what is the next course of action.
While the National Electoral Commission and some members of
the ruling party (CCM) say the referendum will take place at any
time this year once the voter register is complete activists and
opposition leaders and are of the view that the postponement of
the referendum provides an opportunity to go back to the
Constituent Assembly, after the General Election, to wield out
divisive issues in the Proposed Constitution.
But other stakeholders are of the view that the way things are the
postponement of the referendum could be the end of the
constitutional making process as they know it and that the
continuation of the process would depend on the will and wishes
of the next president. NEC postponed the April 30 constitutional
referendum early this month because of slow progress in voter
registration.
After that postponement there are uncertainties over what the
next step is for the constitutional process. Both the Constitutional
Review Act, 2011 as amended in 2012 and the Referendum Act,
2013 are silent on what happens when the referendum is
postponed. This silence leaves the issue to political interpretations
and goodwill.
Both laws provides a guide on the constitutional process to the
day of the promulgation of the new constitution. They also
provide a direction of what to do in case the YES votes do not
reach more than 50 per cent in both sides of the union.
Section 35(3) of the Referendum Act and section 36(3) of the
Constitutional Review Act say; Where the votes cast YES on a
question at a referendum are not more than fifty per cent of the
total number of votes cast in either Mainland Tanzania or
Tanzania Zanzibar or both in Mainland Tanzania and Tanzania
Zanzibar, the National Electoral Commission, upon agreement
with the Zanzibar Electoral Commission and by notice published
in the Gazette, appoint another day within thirty days after the
declaration of the results to repeat the poll and referendum
procedures shall commence afresh.
If necessary both laws give the President the powers to reconvene
the Constituent Assembly to change those provisions that were
rejected by the people during the voting. And section 35(5) of the
Referendum Act as well as section 36(5) of the Constitutional
Review Act say; Where the majority of the votes cast in the
referendum is No, the Constitution of the United Republic of
Tanzania, 1977 shall remain in force.
The opposition parties that have grouped themselves under the
coalition of the defenders of peoples constitution (Ukawa) the
idea has always been for postponement of the referendum so as
to pick up and find consensus on the contentious issues such as
the structure of the union which made them walk out of the CA in
the first place. The co-chair of Ukawa, Prof Ibrahim Lipumba says
it would be wrong to continue with the referendum at a later date
before revisiting the divisive issues in the Proposed Constitution.
In fact their boycott of the process was aimed at forcing the
government to postpone the referendum until the country gets
done with the General Election and open talks for the proposed
constitution with the aim of achieving a national consensus
before going to referendum, Prof Lipumba who doubles as CUF
chairperson said.
On his part the National coordinator of Tanzania Human Rights
Defenders Coalition (THRD) Mr Onesmo Olengurumwa is of the
view that the referendum should not be held this year because of
the political environment in an election year. The government
should not feel that it was defeated by postponing the
referendum. NEC should be left to do its work, and I strongly
believe that the October election should be their top agenda
because it cant wait, he said.
He noted that the draft constitution on its own is a hot issue, with
opposition and other groups disputing its content. We need a
national consensus over the matter, and we can get there when
politicians are of sober mind, thinking not of how they are going
to defend their seats, he adds. Mr Olengurumwa who is also a
lawyer proposes the amendment of the laws (the Constitutional
Review Act and the Referendum Act) to provide for a way
forward. People have been complaining about the two laws. The
laws have been broken a number of times, now we can amend
them to have a healthy debate on the process.
Political Science don from University of Dar es Salaam Dr Benson
Bana said the ruling party, CCM and the opposition have real
differences on the Proposed Constitution. The bone of contention
between the ruling party CCM and opposition is the structure of
the union. While CCM defends the incumbent two governments
the opposition wants three governments, I cant see a consensus
is achieved there, he said.
According to Dr Bana the postponement doesnt mean that the
room for debates is open and that the process is supposed to
continue from where it stopped when NEC solves the current
challenges. In the meantime he cautioned politicians should not
hijack the process which started with peoples opinions and
which would end with the mass decision on referendum.
He said fears that if the process is to continue after the General
Election it might not be a priority of the new government are
unfound. The constitution is not a preserve of the President; it is
the President who is made of the constitution The next president
might influence the process, but would not change or halt the
whole process.
CCM MP for Nzega Constituency Dr Hamisi Kigwangalla told
Political Platform that although the union structure is no go
zone, still there are necessary reforms that are needed to be
adopted before October elections.
The reforms are forming independent electoral body, allowing
private candidature and challenging presidential election on
court.
We need them before the election, the opposition have been
calling for them for years, and that doesnt mean we (CCM) have
played foul in past elections, but we need them to have more
credible elections, and I believe opposition and other groups will
have no one to blame when CCM wins with the reforms on place,
he said.
However, Dr Kigwangalla acknowledges that the remaining time
to October might not be enough to have the reforms in place, We
need the Parliament to adopt the changes, while in reality we are
remained with budget parliament which deals with budget affairs
only. To pass the reforms we might need to extend the life of the
parliament for some time, but that would be difficult since by
then people will be busy with party primaries but for the
national interests, it is still possible to do that.
On opening talks about possible changes on the proposed
constitution, Dr Kigwangalla said, first the referendum should be
held and new constitution passed, then if needs be changes
should come in form of constitutional amendments.
