Magufuli pours cold water on the new Katiba dream

Dar es Salaam. Tanzanians may have to wait much longer for a new constitution after President John Magufuli recently described the already paralysed process as a non-priority task for his government.

After the process stalled during former President Jakaya Kikwete’s reign, many placed their hope in the fifth government, that it could deliver what remains a sticky issue for the country’s political leadership.

But after President Magufuli’s statement at State House during his first meeting with editors, it appears the New Constitution will take longer than many had anticipated to become a reality.

For many though, Dr Magufuli’s remarks will not come as a major surprise considering that during his presidential campaigns, he evaded the issue, choosing instead to promise fighting corruption and restoring confidence in the broken public service.

When he told editors that the much-waited document wasn’t part of his agenda saying his government would be concentrating on delivering promises made during election campaigns, it was affirming the fears that were already there that his administration wouldn’t pay much attention to the New Constitution.

The Head of State said during the meeting to commemorate his first year in office that he covered 42,500 kilometres during his countrywide campaigns last year without making a single pledge on the new constitution.

Justice and Constitutional Affairs minister Harrison Mwakyembe repeated the statement during a live television interview with State-owned television station TBC.

Analysts described the statements as the clearest indication yet that the fifth phase government wasn’t going to rewrite the document.

Civil Society Organisations (CSOs) at the forefront of demands for a new constitution have accused politicians of hijacking the Constitutional Assembly (CA), which was spearheading the process.

They claim that the stance taken by Dr Magufuli’s administration was the culmination of a flawed process that did not involve citizens and CSOs.

Prof Kitila Mkumbo of the University of Dar es Salaam (UDSM) told Political Platform that it was the tradition of African leaders to be intimidated by the people’s demands for new constitutions.

“They would rather stick with old constitutions which gave and guarantee them power,” he said.

In the Tanzanian case, lawmakers could push the President to revive the process, but the ruling party now enjoys full control of Parliament following its victory in last year’s election. 

“After elections, the National Assembly is the one expected to control the President, but the current set-up doesn’t give such powers after CCM took control of the National Assembly. Nothing can be done,” he said.

Selfish agenda

Prof Chris Peter Maina, also of the UDSM, said by not reviving txe process, President Magufuli betrays a “selfish agenda” even as he embarks on government reforms.

“Demands of the Independent Electoral Commission, for instance, could threaten his bid for second term in 2020,” he said, “The President is violating the constitution by pursuing personal interests against the will of the people.”

A former member of the defunct Constitution Reforms Commission (CRC), Prof Mwesiga Baregu, said the new constitution was would provide for inclusiveness in national leadership as opposed to a one-man band.

“Currently, out of the 45 million people in this country, only President Magufuli knows where he is taking the nation. Under the proposed new constitution we will move together,” he said in a telephone interview with Political Platform.

Constitutional Council of Zanzibar chairman Prof Abdul Shariff said President Magufuli feared the new constitution would limit his powers.

“The new constitution draft proposes reduced powers of the President, but still the CA had already clandestinely reinstated some of the powers that were clipped during deliberations,” he said.

Prof Shariff noted that it was sad Dr Magufuli decided to abandon the process mid-way considering the huge investments the country had made in paving the way for a new constitution.

 “We lost billions of shillings in taxpayers’ money in the process. We don’t need to go for another referendum to determine that Tanzanians need a new constitution.”

Impossible mission

Last week, Prof Gaudence Mpangala of Ruaha University College (Rucu) warned the President faced an “impossible mission” implementing reforms under the current constitution.

“The President will only succeed in reforming the country under a better constitution. It’s a daytime dream to expect his reforms will bear fruit under the current constitution,” he said, “On the contrary, Dr Magufuli must be the one calling for the fast-tracking of the process.”

According to him, the current constitution undermines democracy, without which the country would not realise sustainable development. Former Kigoma South MP David Kafulila said the country needed a strong constitution not strong personalities to develop.

“We cannot move forward as a nation in the absence of strong institutions; sustainable development is not possible when the nation is run by individuals. We are better off with a stronger Parliament, an independent Judiciary and a vibrant civil service.”

“In any case, the President should know that he can’t be everywhere all the times. People shouldn’t fear individuals like what is happening now. They need to fear the country’s constitution and institutions,” he said.

Meanwhile, THRDC national coordinator Onesmo Ole-Ngurumwa says CSOs have formed a task force to review the proposed constitution and identify key issues missing in the document.

“The task force will also develop a draft document which will carry CSOs agenda in the Constitution Making Process to be deliberated and adopted during the National Dialogue which we have proposed,” he said.

Background

The Tanzanian Constitutional Review Commission (CRC) was established in accordance with the Constitutional Review Act of 2011 to gather public opinion on the review of the Constitution of Tanzania and its validation via a referendum.

Former Attorney General and Prime Minister Joseph Warioba was appointed CRC chairman on April 6, 2012. Ex-Chief Justice Augustino Ramadhani was appointed vice chairman. The commission comprised 30 members, 15 from each side of the Union. It was given until October 2013 to have completed the job, with Sh40 billion allocated during the 2012/13 fiscal year.

The process was followed by the Constitutional Assembly (CA) which comprised 640 members for 100 days. Of the 640 members, 357 were lawmakers from txe Union.

Yet it was a troubled process all the way.

Opposition parties, under the Coalition of People’s Driven Constitution (Ukawa), walked out in April 2014 boycotting CA decision to develop another draft rather than working on the CRC draft Constitution presented to CA.

The referendum scheduled to take place on April 30, 2015 was suspended following delays on the process to register voters using the Biometric Voters Registration (BVR) system, and also because the 2015 General Elections were close.