STRAIGHT TALK : Of Kabudi, Bulembo nominations as MPs

President John Magufuli nominated two more members of Parliament — Prof Palamagamba Kabudi and Mr Abdallah Bulembo — last week.

That brought to eight the total number of nominated lawmakers.

The United Republic Constitution empowers the President to appoint up to 10 MPs.

It is more than one year since President Magufuli came to power and he would have nominated all 10 MPs, but he chose not to do so, perhaps for strategic reasons.

However, we have no right to ask him. It is on record that previous presidents did not appoint all 10 MPs or picked them very late.

It is within the executive powers and we have no business poking our noses into government affairs.

But Article 66 of the Tanzania Constitution has generated a hot debate on social media, when the latest appointments were made.

The article clearly provides that the President has to appoint not less than five women out of the 10, meaning the Constitution was interested in affirmative action.

This was put in place, I believe, to ensure that women are appointed as cabinet members.

Generally speaking affirmative action policies are those in which an institution or organisation actively engages in efforts to improve opportunities for historically excluded groups.

It is very strange it was realised too late that President Magufuli had appointed six male Members of Parliament, that is one more than constitutionally allowed, and here now wants to appoint two more, an action that would certainly destroy the balance completely. So the first argument that came to the fore was whether the President had defaulted or abrogated the constitution and secondly what is the result of the sixth male Member of Parliament who took oath.

It is important to know that such MPs have been involved in decision making and also have privileges according to their positions.

Those who wanted to defend the President said it was just an oversight. But they said it was not fatal and that it could be cured since one who hires also has the power to fire.

The same group supported the President’s decision to appoint Dr Abdallah Possi as a diplomat, without the public knowing whether he had resigned his position as an MP.

A number of legal minds have categorically stated that what happened was not only wrong and unconstitutional but also set a dangerous precedent because next time to “cure such errors” a judge might asked to resign and be offered another post. While constitutional experts will continue discussing the matter for a long time, the issue should not be taken lightly.

It is important to ask whether the President got the right advice on the appointments.

Another issue that will remain in the minds of many people for a long is whether the President is committed to the women cause or if people around him are because there was a golden opportunity to appoint women to the top decision-making body.

With the country having a woman Vice President, she and presidential advisors could have noted the anomaly even before the appointments were announced.

I believe whatever the case someone must pay for the constitutional slip.