Now is right time for polls reforms: critics

Dar es Salaam. After refusing to concede defeat the opposition and their supporters have been pointing accusing fingers to the electoral commission’s lack of transparency and autonomy as one of the factors that contributed to their defeat.

They have also blamed the National Electoral Commission (NEC)’s poor preparations, inefficient vote tallying process and delays in announcing winners as causes of post-election confusion, chaos and tension. Lack of integrity of some returning officers contributed to the increase in irregularities. It is quite clear that organising a successful national election is an intricate task especially for NEC what with inadequate permanent staff.

Also the fact that NEC chairman, commissioners and directors are appointed by the Head of State who also serves as the chairman of one of the contesting political parties is a big test to its autonomy.

Since NEC lacks enough staff, the body has been using District Executive Directors (DEDs) to serve as returning officers. However, majority of the DEDs are senior cadres in CCM and are appointed to their posts by the cabinet minister who is himself or herself a political appointee.

Moreover, since its establishment in 1993, NEC has been relying on government functionaries such as teachers to supervise and head polling stations during Elections. It is obvious, then, that such temporary workers lack enough experience on issues related to elections. It is also difficult to discipline them once they spoil elections.

Article 74(6) of the national constitution states NEC’s responsibilities as to register voters for the union presidential and parliamentary elections, supervise the conduct of the presidential and parliamentary elections, review and demarcate the electoral boundaries and perform any other function as per the law such as organize referendums.

However, NEC has been performing all these sensitive activities by relying on temporary workers who lack enough experience on issues related to election, voter registration and other related issues, something that has had opposition political parties enraged.

But NEC chairman, Judge (rtd) Damian Lubuva has been quoted several times maintaining that the body was independent and that it was acting according to the law as stipulated in the constitution.

Earlier before the 2015 General Election, Judge (rtd) Lubuva asked the opposition to trust NEC since it was transparent and that it does not exist to favour someone or a certain political party.

Some political analysts who spoke to the Election Platform said it is difficult for NEC to operate independently while depending on everything from the government.

University of Dodoma Lecturer, Mr Paul Loisulie said since NEC’s chairman and commissioners were appointed by the President, it is obvious that they could have some allegiance to him and his party. Also hired workers during elections are mostly civil servants who also take orders from their bosses in the various government offices.

“It is obvious that returning officers cannot manage pressure from their bosses, some report to District commissioners, DEDs and others, therefore it is very challenging when it comes to transparency, they are more likely to favour the ruling party,” he said.

He said in order to have a strong and independent electoral commission, there should be amendments to the constitution that will enable the body to be independent. Its members must be chosen in different ways and not appointed by politicians who have interest in elections.

Mr Silvanus Mayenga, an advocate of the High Court said NEC is not trusted by the opposition because of the manner in which its chairman is appointed.

He said the only solution to the problem is to conduct electoral reforms through the new constitution which will state categorically how to appoint NEC officials, its mandate and its autonomy.

“I believe that a new constitution is the answer, it could set NEC free and make it operate without interference from politicians,” he said.

Tanzania Gender Networking Programme (TGNP) Executive Director, Lilian Liundi said there is a need for NEC to build up its capacity so that it could use its own officials during elections.

“NEC must stand on its own feet just like the the Prevention and Combating of Corruption Bureau (PCCB). It should recruit permanent and competent staff who would always do that job,” she said.

In 2011, Kenyans formed the Independent Electoral and Boundaries Commission (IEBC) through their new constitution. Today IEBC could at least be defined as an independent regulatory agency.

IEBC contains nine commissioners who are appointed by the President but are also confirmed by the Kenyan parliament.

In Uganda, the Electoral Commission (EC) was set up under Article 60 of the 1995 Constitution of The Republic of Uganda.

The EC Chairman, Deputy Chairperson and five other members are appointed by the President with the approval of Parliament and a Secretariat headed by the Secretary. But in Tanzania the Head of State has the autonomy to appoint NEC’s Chairman, Directors and Commissioners without seeking approval of parliament or any other independent body.