Experts : Let's finish writing new Katiba

Dar es Salaam. The unprecedented decision by Kenya’s Supreme Court to annul the presidential election results has inspired democracy-loving individuals and institutions in and outside the East African country.

Many have viewed the move as a clear demonstration why it is important for States to observe the principle of the separation of powers. They argue that this is crucial for checks and balances.

And, in Tanzania, for instance, it has not only captured the imagination of many Tanzanians from both the opposition and ruling party, but it has re-ignited the calls for the completion of the constitutional writing process.

Commentators who spoke to The Citizen On Sunday and many of those who reacted on social media marvelled at how the Kenyan 2010 Constitution has facilitated the entrenching of the independence of the judiciary that reached the Friday verdict, the first in the history of Africa, in a four to two vote.

They said, therefore, that it was time for Tanzania to complete the process of writing its constitution in order to consolidate the principle of the separation of powers through enhanced democracy, including being able to challenge presidential election results in court.

Tanzania started the process of writing a new constitution in 2012, after former President Jakaya Kikwete appointed a 32-team of the Constitutional Review Commission (CRC) headed by highly respected politician Joseph Warioba.

The team was tasked to conduct an extensive nationwide consultation on the new constitution, which comprised public opinion on how the constitution should be.

But the Draft Constitution tabled by Judge Warioba at the Constituent Assembly in February 2014 was overhauled resulting in the Proposed Constitution.

This move prompted a boycott of the CA sessions by the major opposition parties. The CA submitted the Proposed Constitution to the government in October 2014 with the planned referendum failing to happen.

The executive director of the Tanzania Constitution Forum (TCF), Mr Hebron Mwakagenda, said it was time to complete the process of writing the new constitution by going back to the Warioba Second Draft Constitution that, according to him, truly incorporated what the people wanted. “It is never too late. We still have time to write a new constitution that will help move forward the Tanzania agenda. But the new constitution should accommodate views of the majority not of the few,” he explained.

Mr Pius Msekwa, a veteran politician who served in the Tanganyika African National Union as Secretary General, and later as the Speaker, said it is time presidential election results in Tanzania were challenged in court.

But he insisted that the move would be possible after the approval of the Proposed Constitution.

“In a way, we have already reached the democratic levels of Kenyans because Article 90 of the Proposed Constitution of 2014, which awaits approval from the people, states that presidential election results can be challenged in court,” he said.

“I’m aware that the current Constitution doesn’t guarantee such privilege but the Proposed Constitution does. The next stage is the conduct of a referendum to validate the provisions of the Proposed Constitution,”explained Mr Msekwa who served as the first Speaker in the multiparty Parliament.

For his part, the former Vice Chancellor of St Augustine University of Tanzania (Saut), Dr Charles Kitima, agreed that a new constitution was crucial but said for democracy to flourish it was far more important for Tanzanians to develop the habit of respecting the rule of law.

“We have the tendency of not following the law, to breach the constitution. If this is not checked any new constitution, however good it is, will remain futile,” Dr Kitima said.

A senior lecturer at the Iringa-based Ruaha Catholic University College (Ruco), Prof Gaudence Mpangala said having a new constitution would help end post-election grievances. “The Kenyan new constitution was key in the peaceful settling of the post-election disputes. This is the true definition of political maturity and democracy: Solving political differences peacefully,” he said.

Prof Mpangala maintained that the new constitution would act as a catalyst for the flourishing of democracy and the rule of law as well as the respect of separation of powers among the pillars of the State.

Chadema’s director of Protocol, Communication and Foreign Affairs, Mr John Mrema, called for the adoption of the Warioba Draft, which, he said would offer a permanent solution to challenges pertaining to democracy and the separation of powers in the country.