We were looking forward to being fully counted in any by-elections as there is no better way to test one's appeal to the public.
Andrew Bomani
Tomorrow, February 1, is what is observed in Tanzania as Law Day. I had for some time thought it was an internationally marked event until I read about its origins last year from Mzee Pius Msekwa, who was familiar with it from the period he served as the speaker of parliament. He revealed that the prime mover was the late Chief Justice, Francis Nyalali, and it was initially intended only for the judiciary and broader legal fraternity. The head of the legislature and executive in the person of the president of the republic would come to be incorporated in the day’s commemoration.
Quoting Msekwa, "to the best of my recollection, the principal objective was 'the need to draw public attention to the direct relevance, as well as the crucial importance of the law to the community in which it operates'."
Very well indeed. I honestly wonder though what has been the ultimate value of such an inimitable event since its inception. I feel there are many more questions than answers. My article today attempts to shine a spotlight on an absolutely nauseating law matter that Tanzanians and friends of Tanzania must be made fully aware about.
At the end of last week, we received a third letter from the office of the registrar of political parties (ORPP), which was informing us basically that they are still working on the last papers we had submitted to them. As it were, a lot of the paperwork is the same old stuff we had provided them before. So from the time of our application for registration until now we are talking of nine months. Imagine nine months seeking only provisional registration! We were by now supposed to be a fully registered party in the thick of battle.
We were looking forward to being fully counted in any by-elections as there is no better way to test one's appeal to the public.
Amid all the strains and stresses though, we came to learn in December of another grouping of people who have undergone a worse plight than us. They are known as Action for Human Justice (AHJ - Wajamaa).
This grouping out of desperation went to the extent of writing to President Samia Suluhu Hassan in December and have received no reply. We've actually seen their open letter and met with them to compare notes. They had shockingly applied for registration way back in 2016 when Magufuli was in the driving seat and underwent all manner of frustrations related to having to prove their citizenship. They eventually fulfilled the requirements and at the end of December 2022 paid the hefty one million shillings fee for temporary registration.
One of the issues they also bring up concerns procedural infractions whereby according to the law, the ORPP is supposed to publish in at least two national newspapers, Kiswahili and English, information related to the name of the party, flag or colour in order to give an opportunity for any objections from the public. Nothing of the sort ever happened.
Some may remember that in July 2023, the registrar, Judge Francis Mutungi, announced that he was putting on hold any registration processes in order that he first completes an evaluation of the existing parties. All gobbledegook!
That is just how chutzpah the man is. One’s bête noire!
Following whatever evaluation he claimed to be doing, there has been no word on the registration of any political parties.
This now brings me back to the whole meaning of Law Day that is also marked with great pomp. Our experience of the OPPR trampling on the application of the law is a real cause for mourning. It is appalling that amongst the legal profession, all there is is a display of indifference. Any lawyer worth his or her salt would be aghast at the workings of the ORPP. It was against this diabolical state of affairs that the serious thought crossed my mind that it was necessary for direct action on Law Day in the full presence of the head of state. I had previously thought of some form of protest when Samia addressed a meeting in Dar es Salaam of democracy stakeholders a few months ago. There was then little light on our provisional registration.
The big hindrance with pursuing direct action is that it requires inordinate financial resources that we just don't have to spare. We would otherwise mobilise like never seen before.
It is also so nauseating to hear Mutungi express disquiet on the timing of the application of some individuals to register a political party.
I wish he could be told that in the Republic of South Africa, there are over 350 political parties, of which at least twenty have sought registration in the recent months. Here in Tanzania just the registration of one political party is a Herculean effort.
I find it incredulous when Mutungi and his ilk harp on about Samia's 4R's when just the fundamental liberty to form a political association is viewed with deep suspicion. This is a sham democracy!
As I wrap this piece, I make an urgent plea to all friends of Tanzania to intervene to alleviate the tragedy that has befallen us and has eerie echoes of Magufuli's era. When someone is facing life danger in their own home and cannot easily turn to their family or relatives, the only choice is to run to others for assistance. The people of Tanzania desperately need to have proper choices as we gear up for the 2025 general election and before that November 2024. The period for permanent registration is six months although it can be completed earlier depending on the state of the respective party. We are now entering February. If one can't read a nefarious agenda of suffocation from the government side, I don't know.
Andrew Bomani is the co-founder of the Independent People's Party: [email protected]
