Will NEC finally get the reforms it dearly needs?

Dar es Salaam. The CCM government has a new challenge in its plate following recommendations by National Electoral Commission (NEC) chairman Judge (rtd) Damian Lubuva that the election body should be reformed.

He recommended that laws governing elections, that is, the National Elections Act Cap 343 and the Local Authorities (Elections) Act of 1966 be amended to harmonise contradicting provisions in a bid to improve performance of the commission and independency.

Judge Lubuva made the recommendations in Dodoma last week when handing over The Post – Election Evaluation on the 2015 Presidential, Parliamentary and Councillors Elections Report to the minister forPolicy, Parliamentary Affairs, Labour, Employment, Youth and the Disabled, Ms Jenista Mhagama.

He told the minister that embraced amendments would enable the commission own its employees, therefore end traditional use of local government officers as NEC returning officers. The commission will well implement its responsibilities in a bid to prepare for future elections.

Implementation of the new recommendations would see District Executive Directors (DEDs) replaced by employees permanently recruited by the commission something which will enable NEC implement short, medium and long term plans aimed at strengthening democracy in the country.

Judge Lubuva’s endorsement may be considered an acid test to CCM and its government following looming reports that DEDs have been helping the ruling party emerge victorious during past elections.

Such grassroots leaders are responsible in supervising elections in a district, city council, town council and municipalities therefore are the ones mandated to announce winners of elections called for MPs.

They are the ones charged with responsibilities to ensure councillorship elections and presidential votes are well gathered from various polling stations in an area of jurisdictions, count them before submitting to the commission’s headquarters for final compilation in a database.

Returning officers are also mandated to oversee the local government elections and ensure it was conducted according to laws governing the elections in the country. But, executives have been blamed for supporting CCM during elections.

Claims have been mounting that since most officers working for the commission are presidential appointees, ranging from the chairman, national electoral commission’s director, commissioners and the district executive directors something it more independent.

There are occasions, the executives at the grassroots have been accused of receiving information from government and CCM bigwigs to have results overturned, delayed and even ballots stolen in favor of the ruling party.

Some cases have established that, in some areas where executives have been reluctant to receive and implement such directives or have willingly announced and reported the actual decision of the people, they have ended into finding themselves jobless or transferred to remote areas being punishment for not being loyal to the party.

It was in the same line leaders of opposition parties criticized appointment of directors of municipalities, cities, townships and districts made by President John Magufuli on July 7, this year accusing the ruling party for choosing its cadres targeting to reap political privileges.

They openly claimed that President Magufuli made such choices to place ruling party in a better position to win local polls slated to take place in 2019 and country’s general elections reaching 2020.

They said presidential appointees apart from serving government interests in their respective areas are directed to ensure political interests of the ruling CCM is protected at all costs that’s why most of them are cadres groomed and have served the party in different capacities starting from party’s youth wing, UVCCM.

Critics and political stakeholders say, basing on roles they play, CCM and President Magufuli government would hardly accept Judge Lubuva’s recommendations because approving such opinions would mean CCM was committing political suicide.

They would also mean at providing the opposition with relief because that is one of the areas they have been calling for reforms in a measure to have independent electoral commission in the country.

Prof Gaudance Mpangala of the Ruaha Catholic University, (Rucu) welcomed Judge Lubuva’s recommendations with a clean heart saying was timely come to provide equal playground among political stakeholders in the country.

“He should be hailed for the courageous. What doubts me is CCM’s readiness to embrace such changes because implementing such decisions means the ruling party was ready to sacrifice privileges they out of using the executives during elections” he said.

He suggested that the commission requires major changes from the top to the grassroots level following the system used to appoint such officials. Having been appointed by the government who doubles as CCM chairman, they lack legitimacy to serve an independent commission.

According to him, most of them have reportedly been accused of rigging elections after receiving instructions to do so or because of their political affiliation. Most complaints have been related to theft of votes, delaying results or and that results have been overturned in some areas.

“Minor amendments are therefore not the ones required if the commission is to fully be transformed. However, his recommendations will bring relief because the DEDs and other local government officials are the ones accused supporting CCM to emerge victorious all the time since resumption of the multiparty democracy in the country” he said.

Political science lecturer at the University of Dar es Salaam (Udsm), Mr Elijah Kondi concurred with his Rucu counterparts, Prof Mpangala calling Judge Lubuva’s recommendations positive and that should be accompanied by implementations.

“Those to be recruited or appointed to serve the commission following such recommendations should be chosen in a profession way. Nepotism and political affiliations should be avoided when seeking proper candidates for serving the country in that capacity in order to record achievements in improving country’s democracy” he said.

Mr Kondi established that CCM will resist implementing reforms as recommended by the electoral body, warning that they will only do so after adopting other means that will ensure the party kept on benefiting from the new settings the same way they are benefited by the current arrangements.

He suggested that structural weaknesses facing the NEC will accurately be addressed by constitutional reforms which change the commission as an entity and relieve executives with internal and external pressures.

Chadema deputy secretary general, Mr Salum Mwalimu said such recommendations will better be implemented after NEC executives have decided to change their attitude and decided to work and dedicate their efforts towards prospering country democracy.

Mr Mwalimu said whether working before or after proposed recommendations have been implemented and constitution have been reformed, commission executives should change their attitude and ways of thinking to make recommendations meaningful.

“They should start serving without influence and directives of appointing authorities, they should stop abusing elections basing on political affiliations and that they should think outside the boxes for the benefits of the nation” he said.

For his part, Prof Bakari Mohamed also from the UDSM, said recommendations have revealed that Judge Lubuva has identified problems facing the electoral body and has given testimony that long refuted claims over validity and fairness of elections were sensitive and serious concerns.

“He has testified that our electoral body is not independent. But, recommended reforms will have little impact because it touches just part of the commission instead of addressing the whole problem, from top to bottom” he said.

According him, the commission’s permanent solution will be sought through stalled process to write a new constitution under defunct Constitution Reforms Commission (CRC) under its chairman, Judge (rtd) Joseph Warioba.

“If stakeholders will find it not the right channel, the government should overhaul the whole commission and reform its structure, means at which executives are found, sources of revenues and the way other resources would be allocated to it” he said.

CCM spokesperson, Christopher Ole-Sendeka said the ruling party had no problems with Judge Lubuva’s recommendations and that it was ready to honour all such reforms aimed at improving democracy in the country.

He said having founded the multiparty democracy, CCM will continue embracing positive change brought under proper channels providing that demands for such change should represented peoples demand brought at the right time.

He refuted claims that local government officials who have been serving returning officers have been backing CCM to emerge victorious since reintroduction of multiparty democracy in 1992.

“CCM have been winning elections due to its liberation history and the way it serves the nation with integrity. Also, the party have been receiving public support following good party policies that have been touching their lives” he said.

“Also, during elections we have been presenting them with manifestos which can be implemented to provide solutions to their social and economic problems. The citizens should refute claims that we have been rigging elections to remain into power” said former Simanjiro MP.