By Faridah N Kulumba
Africa-Press – Tanzania. On 22 June 2022, Tanzania’s ruling party Chama Cha Mapinduzi (CCM) surprised many people when it revealed that the government is now insisting on reforming the constitution after fending off years of sustained pressure by opposition parties and rights groups to do just that.
Beginning of the Constitution demands under Samia’s regime
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. During President John Magufuli’s administration, he halted the process of drafting a new constitution soon after taking office in 2015 and banned political rallies in 2016.
Demand for constitutional change and critisism
Since last year President Samia’s leadership has been under scrutiny over her handling of demands led by opposition leaders for a new constitutional reform. Last year 59-year-old Freeman Mbowe the main opposition leader of Chadema was arrested by President Samia Suluhu Hassan’s government, as he prepared to address a constitutional forum arranged by his party, and was later charged with terrorism acts. After Bowe’s detention, nine members of his party were also detained by the same government, which the opposition says shows that President Hassan is continuing the oppressive rule of the previous regimes.
Other arrests
For almost the last 6 years there has been a rise in the harassment of opposition political figures and restrictions on their activities. Other opposition parliamentarians also have been facing frequent duress from police. In late September 2017, police arrested a Chadema MP after a party event, and another complained that police were prohibiting his meetings with constituents, as had another in August. Such events have been preceded by many similar ones in recent years, notably during electoral periods
Why its vital to make changes
Members from the opposition side in collaboration with the activists have been demanding a constitutional reform claiming that the current constitution is the problem for 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. 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.
Facts and challenges
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 shall be prohibited to institute or continue in court any criminal proceedings against him.
Failed amendments
In 2014, Tanzania attempted to make changes to the constitution but failed. At the time, a draft constitution did not include changes such as trimming the president’s power, establishing an independent electoral commission, and allowing legal challenges to presidential election results.
The opposition and the right groups did not rest but continued pushing for the completion of the reforms until when the current government accepted that indeed there was a need to make changes to Tanzania’s constitution.
What changed CCM’s tune to support the reforms
According to Chama Cha Mapinduzi, they agreed to have a new constitution in order to support President Samia Suluhu Hassan’s reconciliation efforts. President Samia’s leadership is under scrutiny over her handling of demands led by the opposition leaders and rights groups for a new constitutional reform. When Mbowe leader of Chadema was arrested last year as he was preparing to address a constitutional forum arranged by his party, he was charged with terrorist acts. Mbowe stayed behind bars for eight months before the charges were dropped in March this year. Immediately after his release, he met President Samia. Mr. Mbowe revealed that in the meeting they had they agreed that they are ready to work together if both of them are targeting justice as a pillar of running politics.
Is this CCM political game?
In March this year, 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. President 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.
Or it is president Samia calculating the 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. So the promised constitutional reforms after the 2025 election will be a reward for Tanzanians for electing the first female president in that country.
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