Opposition’s worries as Samia reshapes political space in 2023

Dar es Salaam. Opposition politicians stepped into the year 2023 with a lot of optimism, thanks to a January 3, 2023, announcement by President Samia Suluhu Hassan that she was officially lifting a six-and-a-half-year ban on political rallies.

Read: New dawn: Tanzania's opposition parties issue dates for rallies

The newfound sense of optimism prompted the return, just a few weeks later, of Chadema’s vice chairman, Tundu Lissu, from exile in Belgium. He had been residing there since surviving an assassination attempt in September 2017.

Eleven months later, however, the opposition has come to the realisation that achieving democratisation in Tanzania and establishing a more equitable political landscape requires efforts beyond merely lifting the ban on political rallies.

Also read: President Samia: Two years of shaping Tanzania political space

The ban was imposed by President Hassan’s predecessor, John Magufuli, in a decision that triggered frequent run-ins between opposition leaders and police. The opposition was aghast by the fact that politicians from the ruling party did not adhere to the ‘gag rules’.

Under the policy, which came into force in 2016, elected politicians were allowed to conduct rallies in their constituencies, but nationwide political rallies and protests were banned.

Also read:

But on January 3, 2023, President Hassan said: “I hereby declare that the ban on political rallies has been lifted. Political parties have the right to hold rallies, but we all have responsibilities,” President Hassan told leaders of 19 registered political parties during a meeting at the Dar es Salaam State House.

Also read: Samia's remarks on political rallies stirs debate

In line with her political philosophy of 4Rs [Reconciliation, Resilience, Reforms and Rebuilding], President Hassan told opposition politicians to inform the government whenever they want to hold rallies as the laws require.

It was also in 2023 that political players from the ruling CCM, opposition parties and other experts convened a meeting under the coordination of the Tanzania Centre for Democracy (TCD) aimed at reshaping the country’s pluralistic democracy.

Also, during this year’s International Women Day on March 8, 2023, President Hassan made a rare gesture by attending the commemorations organised by the Chadema’s women wing, Bawacha, therefore further redefining the country’s politics.

Also read: We are building one Tanzania, says Samia

The President then went ahead and tasked a commission to review the public bodies responsible for dispensing criminal justice in Tanzania, with the goal of improving the justice system, which was also launched in 2023.

As part of President Hassan’s promise to reform electoral politics as expounded by her 4Rs philosophy, the government tabled in Parliament on November 10, 2023, several Bills related to elections. They include the National Electoral Commission (NEC) Bill, the President, Parliamentarians and Councillors Bill, as well as the Political Parties Affairs Bill.

The three Bills will be deliberated after the second reading before being assented into law as the government moves to reshape the country’s political and electoral landscape.

Also read:Samia needs to carry the country with her

Among the notable changes included in the NEC Bill is the appointment of the five commissioners of the electoral body through an independent, competitive and transparent recruitment process supervised by a committee.

The committee, according to the document posted on the Parliament website, will be formed by the Chief Justice (CJ), who will serve as chairperson, and Zanzibar’s Chief Justice (ZCJ), who will be the vice chairman.

“The Commission for Human Rights and Good Governance (CHRAGG) chairperson and vice chairperson will respectively serve as committee members. The fifth remaining member will be appointed by the President based on the gender category,” reads the Bill, noting that the director of elections will be the interview committee secretary.

However, the appointment of the NEC chairperson and vice chairman remains unchanged, as stipulated in Article 74(1)(a)(b) of the Constitution of the United Republic of Tanzania.

Likewise, the Bill says that the director of elections will also be appointed by the President after being nominated by the Commission and that the NEC chief executive should possess several qualifications, including being a senior officer in the public service.

“The Director of Elections will execute his duties with the assistance of executives who should also be public servants and other qualified individuals as they will be required,” reads another part of the bill.

The President, Parliamentarians and Councillors Bill is a new law introduced following the merger of the National Election Act, Cap 343, and the Local Authorities (Elections) Act, Cap 292.

Party operations

The opposition says they were happy with the lifting of the ban on political rallies as it enabled them to reach the grassroots.

“In 2023, Chadema has extended its efforts beyond political rallies, with party cadres undertaking extensive digital registration initiatives to enrol a substantial number of members,” said the secretary general for Chadema, Mr John Mnyika.

Nevertheless, he emphasised that the party expects the government to go a step further by recommencing the constitution-writing process.

This, according to Mr Mnyika, should go hand in hand with the formation of an independent electoral commission.

“Further, the Constitution of 1977 has to be amended to allow that presidential results be challenged in court and that independent candidates should be allowed to contest in an election,” he said.

The amendments being proposed by Chadema could also include establishing a mechanism for upholding gender equality through elections and doing away with the present provision of representation opportunities through Special Seats.

Furthermore, Mr Mnyika said that stakeholders’ opinions that civic polls be supervised by the National Electoral Commission (NEC), which is charged with overseeing the election of the President, parliamentarians and councillors, haven’t been considered.

He said the government has also failed to honour the decision of the East African Court of Justice (EACJ) to amend the Political Parties Act 2019 after the legislation was found to contradict the Treaty for the Establishment of the East African Community (EAC).

“Dialogue between CCM and Chadema stalled in June this year after the deliberation of six key tabled agendas. Five other issues have remained untouched,” he said.

“Deliberated issues that have been implemented include lifting the ban on political activities and providing amnesty to political asylum seekers, but the need to form the Truth and Reconciliation Commission to cure existing political scars among Tanzanians has remained untouched,” he said.

He said instead, the commission on criminal justice was formed and given narrow terms of reference that were insufficient to address challenges facing Tanzanians in the said area.

The Civic United Front’s (CUF) head of publicity and international relations, Mr Mohammed Ngulangwa, said 2023 began with hopes of reconciliation, but the hopes have diminished as the year ends.

“Tanzanians had expected Bills tabled in Parliament on November 10, 2023, to include provisions that allow presidential results to be challenged in court, but on the contrary, the Bills reinstate presidential powers to appoint and invalidate the appointment of electoral body members,” he said, adding that instead of providing relief, the laws will be blessing the President’s powers.

“The president’s declaration to strengthen democracy in the country and bring reconciliation through her 4Rs philosophy remains a puzzle,” he added.

An independent political analyst, Mr Buberwa Kaiza, said the opposition has failed to capitalise on the lifted ban on political activities because most of them have copied the CCM political model.

He mentioned that Chadema was well-positioned to offer a robust and credible alternative to CCM in grassroots politics. However, he noted that the opposition’s approach looked just like that of CCM.

“Opposition parties are supposed to periodically come up with policy issues that will shape their agenda. Unfortunately, they often neglect this responsibility, opting to wait for election seasons where they become overshadowed by CCM,” he said.

He mentioned that throughout the nationwide political rallies, the opposition has been presenting weak arguments to citizens, suggesting that things might potentially worsen compared to 2019 and 2020.

 He pointed out that selfishness among members of the opposition has thwarted collaboration opportunities, thereby depriving them of the potential for significant growth.

For his part, a political science lecturer at the University of Dar es Salaam (UDSM), Prof Bakari Mohamed, said the ban on political activities has weakened political parties in the country. The situation was further exacerbated by their inability to secure government subsidies due to poor outcomes in the 2019 and 2020 elections, which also worsened the situation.

“The financial frailty of political parties has hindered them from reaping the advantages of the lifted ban on political activities, he said.

He additionally observed that the subtle amendments made to the electoral bills presented in Parliament have been aimed at cooling down the political temperature.

“Otherwise, the country’s elections will continue to be under the CCM’s ‘supervision’,” he said.oo