Rutashubanyuma
JF-Expert Member
- Sep 24, 2010
- 219,468
- 911,184
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- #5,081
A CASE FOR CONSTITUTION TOTAL OVERHAUL, NOT MADE, SO FAR!
Out of curiosity, last night, I attended Maria Sarungi Twitter space on "Haki, Katiba mpya na Demokrasia."
I was perplexed all the contributors made no effort to explain themselves why we need a new mother law. In fact, they took it for granted!
As far as we are concerned that could be the killer assumption: Advocating for something which may not be important can waste plenty of time and energy too.
My contextualisation of the content of major contributors was they were all in one accord chirping their grievances of only two things: elections rigging and police gratuitous force. We are in all four corners election rigging is our main problem and everything else is a distraction.
In other words, they blame the constitution for a failure to stop election malfeasance. But while the articles of the constitution on who forms the election commission needs plenty of tinkering to reduce chances of rigging our elections but we do not need a total overhaul of the constitution.
What we need is fixing executive loopholes which tip the elections scale to their favour. Major reforms are needed in the election law and its pernicious regulations.
The constitution never say NEC should surrender its constitutional mandate to the DEDs but the unconstitutional election law is the culprit. Nowhere is the constitution says election candidates ought to fill forms which may lead to their disqualification but it is election law and its accompanying regulations offend the constitution by introducing new qualifications which are an alien to clear provisions in the constitution.
Nowhere does the constitution says only the ruling party can conduct public meetings and the opposition should hide themselves inside buildings to do the same.
The constitution is silent on unopposed election candidates being declared election winners but election laws infringe the rights of the electorate to choose the leaders they want.
In monoparty democracy, the electorate had more powers even to reject unopposed candidates. Nyerere never faced a rival in presidential election but voters had power either to vote him in office or reject him despite facing no opposition. That power of the electorate assenting or snubbing the unopposed candidates was stolen by election laws and its accompanying regulations but not the constitution.
So why do CDM demonizes the constitution?
CDM is blaming the constitution for problems which the constitution is innocent, and by engaging in pillow fights it is distracted from the real political battles. It is regrettable to note even SSH supports constitutional reforms albeit she differs with the opposition on timelines to nip tuck it....we say the constitution needs no such major disruptions but minimum touches.
Instead of agitating for minimum reforms which will remove NEC from serving the parochial interests of CCM and advocate for election law reforms leading to abandonment of the election regulations which steal the rights of the electorate embedded in the constitution, CDM is misleading its base that the whole constitution is the problem without addressing the issues covered here.
The noteworthy speaker yesterday was no other than Godbless Lema who chronicled his personal ordeals in the hands of the police and parlayed them to make a case for a new constitution. Our position is his arguments were highly misguided despite invoking plenty of empathy and schmaltz. . A peruse of African experiences in constitutional reforms have shown not progress but stagnation of democracy, human rights and good governance.
As much as CDM luminaries look at Kenya as a constitutional role model in EAC but the gospel truth Kenya has made very little progress to shower it with such ringing encomiums.
Today, Kenya is grappling with even more constitutional reforms in the name of BBI - Building Bridges Initiatives. BBI is an evidence despite comprehensive constitutional reforms the quest of better Kenya remains a pipe dream albeit is not a velleity.
Today in Kenya, the new constitutional order has not ended political persecutions, murders and those rivalling the rulers of the day still face police extra judicial injustices. The costs of managing Kenyan elections is highest in Africa, and the tab keeps snowballing under the shrubbery of accommodation of challenges imposed by Covid-19 protocols.
The North African uprising has neither changed the constitutional order nor replaced the rulers of the day. Damning and accursed are the reforms proponents who are the ones either languishing in prisons or buried in the ground, and virtually forgotten.
South African new constitutional order has neither stopped official graft, xenophobia nor complaints of election rigging.
Lema and other contributors recommended civil disobedience, mass demonstrations and prodding development partners to close the spigots of development aid. All these recommended measures aim to strangulate the economy to a premature death. We sadly note, linchpins of constitutional reforms still are in bondage of colonial overdependence to spearhead domestic reforms. Are they not tools of neo colonialism is a thought we leave for your rumination.
Lema fleed the country to save his skin but still is asking us to risk our lives for a cause which he will never place his own dear life to a fireline. Leaders must lead by example. We urge Lema to put up or simply shut up!
African experiences show that negotiated settlement rather than tohubohu is more effective and efficient to address the shortfalls which grieve us today.
Look at Zimbabwean MDC and its leader Changarai. Were they not more successful when they heeded the wisdom of negotiated settlement rather than embracing the vagaries of street demagogue?
Instead of advocating for revolution we recommend evolution. The former may be dramatic generating plenty of heat but skerrick light while the latter may be frustrating snail paced but rooted on African experiences to yield the desired outcomes.
Out of curiosity, last night, I attended Maria Sarungi Twitter space on "Haki, Katiba mpya na Demokrasia."
I was perplexed all the contributors made no effort to explain themselves why we need a new mother law. In fact, they took it for granted!
As far as we are concerned that could be the killer assumption: Advocating for something which may not be important can waste plenty of time and energy too.
My contextualisation of the content of major contributors was they were all in one accord chirping their grievances of only two things: elections rigging and police gratuitous force. We are in all four corners election rigging is our main problem and everything else is a distraction.
In other words, they blame the constitution for a failure to stop election malfeasance. But while the articles of the constitution on who forms the election commission needs plenty of tinkering to reduce chances of rigging our elections but we do not need a total overhaul of the constitution.
What we need is fixing executive loopholes which tip the elections scale to their favour. Major reforms are needed in the election law and its pernicious regulations.
The constitution never say NEC should surrender its constitutional mandate to the DEDs but the unconstitutional election law is the culprit. Nowhere is the constitution says election candidates ought to fill forms which may lead to their disqualification but it is election law and its accompanying regulations offend the constitution by introducing new qualifications which are an alien to clear provisions in the constitution.
Nowhere does the constitution says only the ruling party can conduct public meetings and the opposition should hide themselves inside buildings to do the same.
The constitution is silent on unopposed election candidates being declared election winners but election laws infringe the rights of the electorate to choose the leaders they want.
In monoparty democracy, the electorate had more powers even to reject unopposed candidates. Nyerere never faced a rival in presidential election but voters had power either to vote him in office or reject him despite facing no opposition. That power of the electorate assenting or snubbing the unopposed candidates was stolen by election laws and its accompanying regulations but not the constitution.
So why do CDM demonizes the constitution?
CDM is blaming the constitution for problems which the constitution is innocent, and by engaging in pillow fights it is distracted from the real political battles. It is regrettable to note even SSH supports constitutional reforms albeit she differs with the opposition on timelines to nip tuck it....we say the constitution needs no such major disruptions but minimum touches.
Instead of agitating for minimum reforms which will remove NEC from serving the parochial interests of CCM and advocate for election law reforms leading to abandonment of the election regulations which steal the rights of the electorate embedded in the constitution, CDM is misleading its base that the whole constitution is the problem without addressing the issues covered here.
The noteworthy speaker yesterday was no other than Godbless Lema who chronicled his personal ordeals in the hands of the police and parlayed them to make a case for a new constitution. Our position is his arguments were highly misguided despite invoking plenty of empathy and schmaltz. . A peruse of African experiences in constitutional reforms have shown not progress but stagnation of democracy, human rights and good governance.
As much as CDM luminaries look at Kenya as a constitutional role model in EAC but the gospel truth Kenya has made very little progress to shower it with such ringing encomiums.
Today, Kenya is grappling with even more constitutional reforms in the name of BBI - Building Bridges Initiatives. BBI is an evidence despite comprehensive constitutional reforms the quest of better Kenya remains a pipe dream albeit is not a velleity.
Today in Kenya, the new constitutional order has not ended political persecutions, murders and those rivalling the rulers of the day still face police extra judicial injustices. The costs of managing Kenyan elections is highest in Africa, and the tab keeps snowballing under the shrubbery of accommodation of challenges imposed by Covid-19 protocols.
The North African uprising has neither changed the constitutional order nor replaced the rulers of the day. Damning and accursed are the reforms proponents who are the ones either languishing in prisons or buried in the ground, and virtually forgotten.
South African new constitutional order has neither stopped official graft, xenophobia nor complaints of election rigging.
Lema and other contributors recommended civil disobedience, mass demonstrations and prodding development partners to close the spigots of development aid. All these recommended measures aim to strangulate the economy to a premature death. We sadly note, linchpins of constitutional reforms still are in bondage of colonial overdependence to spearhead domestic reforms. Are they not tools of neo colonialism is a thought we leave for your rumination.
Lema fleed the country to save his skin but still is asking us to risk our lives for a cause which he will never place his own dear life to a fireline. Leaders must lead by example. We urge Lema to put up or simply shut up!
African experiences show that negotiated settlement rather than tohubohu is more effective and efficient to address the shortfalls which grieve us today.
Look at Zimbabwean MDC and its leader Changarai. Were they not more successful when they heeded the wisdom of negotiated settlement rather than embracing the vagaries of street demagogue?
Instead of advocating for revolution we recommend evolution. The former may be dramatic generating plenty of heat but skerrick light while the latter may be frustrating snail paced but rooted on African experiences to yield the desired outcomes.