ACT sounds alarm over dismissal of constitutional reforms

Dar es Salaam. In the halls of Parliament, where decisions shape the future of Tanzania, Monday’s budget speech for the ministry of Constitutional and Legal Affairs echoed with promises and plans.

Yet, amidst the figures and proposals, ACT Wazalendo’s Shadow Minister for Constitution and Legal Affairs, Mbarala Maharagande, has raised a chorus of concern, highlighting critical areas that demand urgent attention.

The 2024/25 budget, totaling Sh441.260 billion, outlined allocations across various institutions under the Ministry of Constitution and Legal Affairs.

However, ACT Wazalendo’s analysis delved deeper, scrutinising not just the numbers but the implications for Tanzanian society at large.

According to the shadow minister, one key area of contention lies in the government’s dismissal of calls for a new constitution.

In a statement issued on Tuesday, April 30, the party the party said that despite widespread consensus dating back to the era of political reforms in 1992, successive governments have failed to prioritise this fundamental aspect of governance.

According to ACT Wazalendo, Dr Pindi Hazara Chana’s assertion while reading the budget speech, reaffirming a focus on constitutional education over constitutional reform, reflects a persistent reluctance to address this critical issue.

For ACT Wazalendo, this stance represents a calculated evasion, perpetuating the dominance of the ruling party and hindering progress towards a more inclusive and democratic society.

“The party demands immediate action. We urge the government to allocate resources towards advancing the process of the new Constitution and submitting necessary bills to Parliament for deliberation,” reads ACT Wazalendo’s statement.

Another pressing concern highlighted by ACT Wazalendo is the staggering losses incurred from flawed contracts and limited capacity to resolve international investment disputes.

“While investment treaties are intended to stimulate economic growth, they have often been exploited by foreign investors, resulting in costly legal battles and constraints on national sovereignty,” reads the statement.

The litany of cases filed against the Tanzanian government at the International Centre for Settlement of Investment Disputes (ICSID) underscores the urgency of addressing this issue.

With billions of shillings already lost and more yet to come in legal costs and compensations, ACT Wazalendo calls for a concerted effort to bolster legal expertise and transparency in investment agreements to safeguard the nation’s interests.

Gender-based violence (GBV) emerges as another area of concern, where they cite limited progress in resolving cases and ensuring access to justice for survivors.

According to the party, despite efforts to enact laws and policies addressing GBV, implementation remains inadequate, exacerbating the plight of victims and perpetuating a culture of impunity.

ACT Wazalendo advocates for strengthened legal frameworks, increased funding for GBV prevention programmes, and greater awareness of women’s rights to combat this pervasive issue effectively.

“Inadequate budget allocation for legal aid services further compounds the challenge of access to justice, particularly for marginalised communities. With only 10 percent of Tanzanians having access to legal aid services, ACT Wazalendo calls for increased funding and expanded coverage to bridge this gap and uphold the principles of fairness and equality before the law,” says the party.

The statement further adds: Transparency and accountability in governance also come under scrutiny, with limited progress in promoting access to information. Despite legislative efforts, barriers persist, hindering public participation and fostering a culture of secrecy.

ACT Wazalendo urges the government to strengthen implementation of the Access to Information Act, enhance transparency in decision-making processes, and empower citizens to hold public officials accountable.

The party also says that threats to media freedom and freedom of expression cast a shadow over Tanzania’s democratic aspirations.

“Restrictive laws and a culture of impunity for attacks against journalists undermine these fundamental rights, stifling dissent and eroding democratic principles,” reads the statement.

ACT Wazalendo in the communiqué is calling for the repeal or amendment of laws restricting media freedom, ensuring journalists can operate without fear of reprisals, and fostering a culture of tolerance and respect for diverse opinions.