Chadema: JPM violated Katiba in nominations

Mwanza. The main opposition Chadema has raised an alarm over President John Magufuli’s nomination of MPs,saying the Head of State had breached the Constitution by appointing more men than women as provided by the Mother Law.

Article 66 (1) (e) of the Constitution allows the President to nominate ten MPs to the National Assembly, five of whom should be women.

Chairperson of the Chadema Women Wing (Bawacha), Ms Halima Mdee, told journalists in Mwanza yesterday that her party would seek a court order to block the swearing-in of the nominated MPs.

President Magufuli on Tuesday nominated constitutional lawyer Prof Palamagamba Kabudi and CCM’s Parents Wing chairman Abdallah Bulembo as MPs.

The nominations brought to eight the number of MPs the President has so far picked. Others are the minister for Foreign Affairs, Dr Augustine Mahiga, minister for Finance and Planning, Dr Philip Mpango, minister for Works, Transport and Communications, Prof Makame Mbarawa, and deputy minister of State in the Prime Minister’s Office Dr Abdallah Possi.

Two women MPs so far nominated are education minister Prof Joyce Ndalichako and the deputy Speaker of the National Assembly, Dr Tulia Ackson.

The fact that the number of female MPs cannot make up to five even if the President opts to fill the remaining two positions with women MPs, has raised questions whether the Constitution has been breached. “We are going to file an application under certificate of urgency to block the swearing-in of the newly nominated MPs,” said Ms Mdee.

She said, since the number of men appointed has now reached six, and “there is no miracle to turn things around.”

Chairman of the Tanzania Constitution Forum Deus Kimbamba said that the nominations amounted to a serious oversight of the Constitution. “What has been done is the breach of the Constitution. We need to urgently correct this,” he told The Citizen in an interview.

According to Mr Kibamba, the use of the word ‘shall’ in Article 66 (1) (e) made it mandatory for the President to ensure the number of women should at least be five.

The constitutional rights activists said, the President has the option of invalidating the appointment of one male MP to correct the mistake.

He said, advisers of the President cannot escape blame for the oversight. “We have presidential advisors on legal issues, the office of Chief Secretary, the Inter-ministerial Technical Committee, the minister for Justice and Constitutional Affairs and the Attorney General to closely advise the president. Is it possible that the President nominated the MPs without consulting them?,” he queried.

Mr Kibamba wants the President to invalidate the nominations to strike the gender balance before the start of the next Parliament meeting.

Referring to Article 37 (1), Mr Kibamba said, the President had discretion to reject the advice from anybody, “but not on issues clearly provided in the Constitution.’

Executive director of the Legal and Human Rights Centre (LHRC) Dr Hellen-Kijo Bisimba also echoed similar claims. “He (the President) has gone against the Constitution. The Constitution is so clear on this. I think, the President overlooked this Article,” she said. She added, the President did not have discretion to nominate contrary to what is indicated in the Constitution.  There are issues the President can be advised and reject, but not issues provided in the Constitution,” she said.

Dr Bisimba said, if the mistake is not corrected, it will defeat the whole purpose of empowering women by taking them in decision-making bodies. “There was a special purpose to push for this provision and women have fought for it for many years before it was put in our constitution,” she said.

For her part, Bunda Urban MP Ms Ester Bulaya said it was disappointing that the CCM Women Wing (UWT) is silent on the matter.