By Faridah N Kulumba
Africa-Press-Tanzania This month Tanzania’s State House issued a statement revealing that the government will begin the process of drafting a new constitution after the 2025 general elections. The constitutional reforms will be among other long-term issues that will be addressed then.
Beginning of the new constitution demands
In April 2021, just one month after Samia Suluhu Hassan was sworn in as Tanzania’s president after the sudden death of President John Pombe Magufuli, Tanzanian opposition leaders and rights activists held a forum urging the government to revise the constitution to allow more political space.
The Spark
This forum which was named “Katiba Day,” which means constitution day, was fueled by President Samia’s remarks when she held her first press conference. Ms. Samia asked Tanzanians to give her time to stabilize the country economically before her administration can allow the banned political rallies to resume and revive the stalled process of drafting a new constitution. The rights groups insisted that President Samia should focus on the constitution since it facilitates stability.
Obstruction
During President Magufuli’s administration, he halted the process of drafting a new constitution soon after taking office in 2015 and banned political rallies the following year.
Reformists arrests
On 21 July 2021, Tanzania’s main opposition leader of Chama cha Demokrasia na Maendeleo party (Chadema) 59-year-old Freeman Mbowe together with other opposition leaders were arrested as Mbowe prepared to address a constitutional forum arranged by his party. Mr. Mbowe was charged with terrorism and stayed behind bars for eight months before the charges were dropped this month. Immediately after his release, Mr. Mbowe met President Samia to discuss their working relations.
Did the meeting influence the State House’s statement
Mr Mbowe revealed that in the meeting they had with President Samia, the two leaders agreed that they are ready to work together if both of them are targeting justice as a pillar of running politics. This month before the State House issued a statement for the plans to change Tanzania’s constitution after the 2025 elections, President Samia had an exclusive interview with the BBC but refused to discuss the constitution, saying it was a “matter between herself and Tanzanians affairs.
Is president Samia calculating 2025 elections?
Last year in September, President Samia while in Dar es Salaam confirmed her political ambitions when she revealed that she intends to run for presidency come 2025, and become the country’s first elected female president when she wins. She recalled that her ascendancy into power was by God’s will and more so by virtue of the country’s constitution, and urged all women to ensure that a woman candidate wins the vote outright in the next presidential race.
Why is it vital to reform the constitution?
President Samia has changed the tone of landscape ever since she made history after becoming the first female president of Tanzania, but members from the opposition side in collaboration with the activists want Samia to go an extra mile and change the constitution, claiming that the current constitution is the problem to the present political problems in Tanzania. Tanzania is currently governed by the 1977 constitution that was formed under a single-party system. Opposition and critics are challenging it since it favors the ruling Chama Cha Mapinduzi party CCM. The reformists believe that one of the main results of a constitutional change would be the elevation of Tanzanians from the current situation that creates political and economic divisions.
Argument
The opposition actors argued that the current constitution gives too much power to the presidency which jeopardizes any mechanism of checks and balances within the government. They noted that Article 36 of Tanzania’s constitution gives power to the president to appoint and punish all public servants including those in the executive, parliament, and judiciary branches. Article 37(1) states: The president shall be free and not obliged to take the advice given to him by any person, save where is required by this constitution or other law to act in accordance with the advice given to him by any person. And should the president be accused of any wrongdoing during his/her tenure, the head of state is essentially untouchable, as per Article 46(1) and (2) which state that the president’s tenure it shall be prohibited to institute or continue in court any criminal proceedings against him.”
The reformists believe that the new constitution would reduce the powers of the president, unify Tanzanians, and would kelp to equally distribute resources across the country.
