By The Citizen Reporters
Dar es Salaam. The government intends to submit to the National Assembly in Dodoma next week a Bill on the amendment of the Constitutional Review Act, 2011 that incorporates proposals by Chadema.

In another move, President Jakaya Kikwete consented to some of the recommendations presented to him during a meeting with the opposition party’s leadership on Saturday evening.

Sources privy to the weekend talks told The Citizen that among other things, the President agreed he would pick members of the envisaged Constitutional Review Commission from a list which to be proposed by a cross-section of stakeholders.

On the other hand the Bill, signed by the minister for Constitutional and Legal Affairs, Ms Celina Kombani, proposes amendments to Sections 6 and 18 of the Constitutional Review Act, 2011 for two purposes.

First, the Amendment Bill a copy of which was seen by The Citizen yesterday, seeks to debar from appointment as members of the Constitutional Review Commission members of the public who are not MPs, Members of the House of Representatives of Zanzibar or councillors.

Second, the Bill seeks to allow organisations, associations and groups of persons to collect views of their members on the Draft Constitution and forward such views to the Commission.

This specific change will be made on Section 18 by adding another subsection that allows people to conduct such activities.

The added subsection, which now becomes Section 18(6), states: “For the purpose of this section, the Commission may allow organisations, associations or groups of persons to convene meetings in order to afford opportunity to its members to air their views on the Draft Constitution and forward such views to the Commission.”

The current Bill, which was signed into law by President Jakaya Kikwete late last year, prohibits from appointment persons who are not MPs, Members of the House of Representatives of Zanzibar or councillors.

It also bars organisations, associations and groups of persons to collect views of their members on the Draft Constitution and forward such views to the Commission providing for penalties for organisations, associations and groups of persons that intended to collect such views.

In November, last year, Chadema leaders held talks with President Kikwete and agreed in principle that the newly passed Constitutional Review Act 2011 Bill needed major amendments. A joint statement issued by the two sides at the end of their two-day of consultations said the Bill should be improved so that it facilitates national consensus and cohesion.

But the President went ahead and endorsed the Bill a month later, drawing protests from Chadema and leaders in civil society organisations.

However, the minister for Constitutional and Legal Affairs was quoted late last year as saying the Constitutional Review Act 2011 won’t be amended to accommodate proposals by the opposition party.

The Amendments Bill has already been circulated among some MPs including those serving in the Constitutional Affairs and Justice Committee.

Meanwhile, on Saturday evening President Kikwete hosted a contingency of top Chadema leaders in what has been seen as a continuation of discussions over the process to write a new Constitution.

According to information from the State House, the Head of State called the meeting to brief Chadema leaders on what he has done as far as the process is concerned.

The meeting came only weeks after another meeting between the two parties agreed on the need to review the Constitutional Review Act 2011 “exhaustively” with a view to making it more comprehensive so as to result into a people centred constitution.

Commenting on the visit to State House, Chadema Secretary General, Dr Willibrod Slaa, said it was a “social forum that was Chadema’s continuation of its process to push for a fair process to write the envisaged new Constitution.”
The meeting was held only days after Chadema chairman Freeman Mbowe met with President Kikwete at the State House on the same issue.

“I thank all those who have been keen on Chadema’s moves on new Constitution drive. I want people to be calm. I want to assure them that we will not falter. We are guided by patriotism and goodwill for our nation’s future,” said Dr Slaa.

He noted that the move to see the President was in concord with Chadema’s approach to the process of writing a new constitution, which had started with its MPs’ boycott of Parliamentary sessions that were discussing the concerned Bill.

The move to amend the Act, which was accented by President Kikwete recently, contradicts a statement issued by Ms Kombani, who said mid last month that the government had no intention of amending the Constitutional Review Act 2011.

She had said the new Act would simply await the President to form a law review commission to coordinate the process of collecting views from stakeholders.

She further said after the President assented the Bill into law, it did not mean doors for collecting views from stakeholders were closed.

Ms Kombani said the law could be amended any time, noting, however, that this could only be done after the President had formed a constitutional review commission.

The minister’s statement dashed expectations by various stakeholders, including some opposition political parties and civil society organisations, that the Constitutional Review Act 2011 could have been amended to accommodate fresh views before the President formed the commission.

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