JPM given road map towards new Katiba

Dar es Salaam. The Tanzania Constitution Forum (TCF) has suggested that 24 additions be made to the Proposed Constitution before it is subjected to a referendum.

The proposals, most of which were left out of the Proposed Constitution passed by the Constituent Assembly (CA) in 2014, include the reduction of the President’s powers and vetting of presidential appointees by Parliament.

Independent candidates should also be allowed to seek other elective posts, not just the presidency and parliamentary seats as stipulated in the Proposed Constitution.

TCF officials told The Citizen that the 24 proposals had already been forwarded to President John Magufuli and the Minister of Constitutional and Legal Affairs, Dr Harrison Mwakyembe.

Dr Mwakyembe confirmed yesterday that his office was receiving views from various groups and individuals on amendments to be made to the Proposed Constitution, but added that so far “there is nothing new in their opinions”.

TCF chairman Deus Kibamba told The Citizen on Monday that key amendments needed to be made despite the fact that the CA had already passed the Proposed Constitution.

“The Constitutional Review Act gives the President powers to reconvene the CA even after it has concluded its task, especially if the Head of State is convinced that there are contentious issues that need to be addressed and ironed out before the referendum,” he said.

According to the list of proposed amendments submitted to the government and seen by The Citizen, TCF suggests that articles 80-86 and 93-96 be amended to reduce presidential powers. The organisation proposes instead that the Proposed Constitution gives Parliament the authority to vet all presidential appointees.

TCF also wants Article 88 (1) and (2) to be changed by introducing additional attributes for people wishing to seek the presidency. These include the requirements that aspirants must have clean records on human rights, good governance and integrity.

The forum has also proposed that voters be allowed to challenge presidential election results in court. Article 90 of the Proposed Constitution states that only presidential candidates can go to court to challenge results.

“Article 91 states that the President-elect should be sworn in not more than seven days after announcement of results, but TCF suggests that this clause should be amended to extend the period to 30 days to give voters adequate time to challenge presidential election results in court if they wish to do so.”

TCF has also proposed that Article 83 be amended to make it mandatory for the President to heed suggestions of advisory bodies, not optional as stated in the Proposed Constitution.

TCF wants the Proposed Constitution to be amended to make it possible for independent candidates to contest civic seats. The document currently limits independent candidates to presidential and parliamentary elections.

Article 205 (2) (a) should also be changed to allow Parliament to vet the Chief Justice nominee, according to TCF, which has also proposed that Cabinet ministers should not be appointed from among MPs to promote efficiency and accountability in serving the public.

“Conflict of interest that arises when an individual serves in both capacities will be eliminated,” TCF says in its statement.

Article 123 (1) should be revised to bar the President from appointing regional and district commissioners, who should be part of civil service to eliminate their current tendency to lean towards the political party of the appointing authority.

Additionally, TCF has called for Article 140 (1) to be changed and make secondary education or an ordinary diploma the minimum academic requirement for candidates seeking parliamentary seats. The Proposed Constitution only states that candidates should prove that they are literate.

TCF coordinator Hebron Mwakagenda told a news conference in Dar es Salaam on Sunday that members of the public should submit their views to the relevant authorities to lay the ground for a consensus before the Proposed Constitution is put to a referendum. The forum also launched a publication aimed at providing public education on the constitution review process

No date has been set for the ballot, and stakeholders have been urging President Magufuli to restart the process as soon as possible.

The process stalled after the CA passed the Proposed Constitution in October 2014. The referendum was provisionally scheduled for April 2015, but was postponed indefinitely due to lack of funds and delays in registering voters.

On Monday, Mr Kibamba proposed three ways the review process could be restarted and TCF’s proposals incorporated in the Proposed Constitution ahead of a referendum.

He said the President could bring together a section of members who comprised the now-disbanded CA, who would incorporate in the Proposed Constitution key clauses that were originally in the Second Draft Constitution.

Alternatively, the Head of State could convene a national constitution general assembly or meeting of a committee of experts.

“The latter preferable because it would involve a few people, and would thus be cost-effective and save valuable time. The team could come up with what could be known as the Final Draft Proposed Constitution on which Tanzanians would vote in a referendum,” he said.