Revealed: Divided CA dashes hopes of credible Constitution

BabuK

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Fears are mounting over possible failure to get a credible new constitution as the Constituent Assembly gears up for take-off today, The Guardian on Sunday can reveal.
In just two weeks since the CA started, there are clear signs that strong partisan politics may ruin genuine debate, its members now openly say.

According to the press statement issued yesterday by the State House Directorate of Communication, President Jakaya Kikwete would inaugurate the Constituent Assembly next week.

Against a veneer of camaraderie, there are evident underground alignments to support certain positions as the CA delegates began discussions on the Standing Orders to guide deliberations of the Draft Constitution. CA delegates this week spent precious time arguing for, or against, certain sections of the document in a manner that exposes open political affinities, with a clear dividing line between the ruling party and the opposition.

Key to the running debate is an undercurrent tug-of-war over how to vote in approving certain sections of the Draft Constitution as well as the ultimate adoption of the document before it is open to a referendum; the ruling Chama cha Mapinduzi (CCM) seems to come here fully kitted to support ‘open’ vote while the mainstream opposition, backed by some delegate, would prefer a ‘secret’ ballot.

However, even the ruling CCM itself is divided, further complicating the choice of the mode of voting to be used when the assembly is finally called to decide on key elements of the Draft Constitution.

Insiders say this was evident at a closed-door meeting of CCM legislators at the party’s headquarters Tuesday night.

Reliable sources confirm that there was fierce debate over ‘secret’ and ‘open’ ballot options – in itself a major source of controversy within CCM, with the majority of its members rejecting some key proposals in the Draft Constitution, such as transformation of the Union structure.

“CCM knows that even its (own) delegates from Zanzibar could vote differently if the secret voting is adopted … thus lose out on its agenda,” intimated one CA delegate who declined to be named.

He added that CCM knows that if the CA delegates were allowed to vote openly, it would make it easier for the party to control its members and ensure ‘they toe the party line.’

But those opposed to what they perceive as the party’s attempt to ‘bulldoze’ them now insist that their decisions would rather be made through the secret ballot, which would enable them make their decisions without being monitored.

Section 83 (1) of the first draft of Standing Orders, which was tabled last week, advocates for a secret vote with regard to the New Constitution.

On Wednesday, Maria Sarungi (for non-governmental organizations) expressed bitterness over how some people sought her support for their position on certain issues.

Ms Sarungi said (yet unnamed) delegates had confronted her outside the debating chambers and demanded to know why she was ‘leaning towards a certain political party.’

“I will not name them … but this shows that there are covert missions to intimidate some of us … many of us here do have any political affiliation … we don’t support any political party.

“We have come here to debate and pass a constitution for 44 million-plus Tanzanians, not for a political party,” she asserted.

Ms Sarungi warned against what she describes as the “tyranny of the majority” and underlined the freedom of CA delegates to debate the issues at hand purely on conscience.
On Thursday, some CCM legislators publicly declared that they would not support open voting on grounds that it went against democratic principles.

Ms Ester Bulaya (Special Seats - CCM) and Prof Juma Kapuya (Urambo West - CCM) expressed support for the secret ballot when they stood up to air their views, both arguing that an open voting system would violate their basic rights and breach Section 27 of the 2011 Constitution Review Act.

Prof Kapuya, a former cabinet minister, warned that the open ballot would expose members to threats and divide the nation – because the public would then judge their representatives on the way they voted.

He added: “I’m really surprised by the party’s move … which shows that it wants to control us …we are writing a new constitution which will define the country’s future, and CA delegates need to be independent if we are to get a good constitution.”

Another MP who also preferred anonymity said CCM lawmakers had been “directed to ensure that the Assembly endorses the open voting system.”

“We were also told to make sure that we attend every meeting … because under the Constitution Review Act, no decision can be made if there is no quorum,” he said.
Speaking to reporters yesterday, NCCR-Mageuzi Chairman James Mbatia said there were “clear divisions” among CA delegates, and warned that such divisions could ruin the whole process – unless checked.

“There is no trust among members of the Assembly … this is quite apparent in the way issues are being debated in the chamber … if things do not change we will not get anywhere,” he said.

He said many of the CA delegates were “taking the deliberations for granted” and that others had forgotten that “a lot of public funds have been spent to bring them to Dodoma.”

“Unlike routine parliamentary sessions, this is quite special,” Mbatia argues.
Livingstone Lusinde (Mtera –CCM) warned: “Some people are slowly getting carried away by politics … this is very dangerous for this meeting.”

Bariadi West MP John Cheyo, summed the mood of many at the CA in the spiritual realm, saying: “There are strong evil forces in this Chamber … they need to be dealt with, or we shall not get the constitution.”

Cheyo identified two such ‘evil’ forces – those that seek to “dominate” the debate and those seeking to “control the whole process.”

His take: CA delegates deserve a free range to debate the future – without Big Brother watching.




SOURCE: THE GUARDIAN

 
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