The new Constitution: We need a practical approach this time around

The new constitution conversation is making headlines again. It has been for a while now. Opposition parties, especially Chadema, since last year have said they will not participate in any elections without a new constitution in place.

They have argued that the current constitution will never do them electoral justice. With a new year, and a new president in charge of the country, all of a sudden it felt like there is a window of opportunity for this unlikely issue to gather pace and turn into reality.

But, where exactly are we with this botched process?

The process came to a halt with the passage of a Proposed Constitution by a heavily one-sided constituent assembly in Dodoma. The process of a referendum failed to materialize because of the General Election of 2015.

That attempt of writing a new constitution for the country in the second and last term of retired President Jakaya Kikwete did not bring the country together. If anything, the country was more divided by the outcome in Dodoma. The new constitution was not in the cards for CCM but was picked up because it was becoming a dangerous political card used by the opposition. CCM’s hand was forced into the process of the new constitution. They never promised one in the 2010 General Election but saw the potent force the issue could turn to in the next General Election.

It was neutralized by 2015, with a process lying in political limbo.

Since then, there have been largely two sides to this debate. There are those who see any process about the new constitution has to start with the Warioba Commission second draft. Others see that document as no longer valid because there is a proposed constitution which was passed by the Constituent Assembly. The Warioba Commission final draft proposed a three government structure but how these governments will exist and relate to one another is too theoretical and in a political reality where a government has its own life, these will fail to work. Opponents see it as a ruse to break the Union.

The Proposed Constitution does not have a ‘new’ feel to it and does not make one enthusiastic about it. With new political positions created, it does not feel like a document that will lead to the country’s renewal.

There are also those who do not support either of those two documents.

President Samia Suluhu Hassan, as part of marking her one hundred days since coming to office said she has other priorities now including the economy, and that the new constitution process will have to wait. Chadema’s national chairman Freeman Mbowe responded by saying they will not give the President such time, and told his supporters to get ready for public rallies.

Speaking on a different occasion, Mr Mbowe offered a somewhat conciliatory tone regarding the new process for the New Constitution. He advised the President to form a new committee to look into both documents and come up with a better version by merging them. This was the one of the most practical approach to resolve the current political impasse on the issue.

However, the obvious challenge of such a committee’s make up will come up. The previous Constituent Assembly was so diverse to the point one wondered whether its true purpose was making the whole process impossible. Its members were so far apart, politically speaking to the point it was reasonably sensible to think that they would not come up with any agreeable document.

The other practical solution, one that is least costly is amending the current constitution. This is the least popular approach but given the price tag the country paid for the first attempt, it should be on the table as well. Mr Mbowe has made clear his thoughts on what role the current Parliament should play in the new constitution process arguing that he does not want them attempting to write a new constitution because they were elected through what he considers to be a fraudulent election.

The current President was elected in the same general election as well. It is hypocritical to demand of her to be part of the new constitution writing process but not Parliament which was elected in the same election with her.

Writing a new document does not guarantee anything. The same team Mr Mbowe proposes to be formed can look at the three documents and come up with something that can keep on working for the country.

Taxpayers cannot keep on funding dreams of politicians while getting nothing in turn which is worth their taxes.