Debate on new ‘Katiba,’ electoral body rages on

Moshi. The debate over getting a new constitution and a new electoral body has refused to die down, with experts and politicians differing on what should come first.

The group that advocates for the formation of an independent electoral commission first is pioneered by the leader of the opposition Alliance for Change and Transparency (ACT-Wazalendo), Mr Zitto Kabwe, who wants Tanzania to amend a few articles in the 1977 Union Constitution, instead of writing a new constitution, which he says might be difficult considering the current political environment.

His idea is opposed by another group, which includes NCCR-Mageuzi chairman James Mbatia, who says demanding a new electoral body before getting a new constitution is impossible.

“We all agree that we need a new constitution, but before that, let’s reconcile to have an independent electoral commission,” said Mr Kabwe.

He worries that if the process of writing a new constitution starts now, it will be dominated by the ruling party that accounts for the largest share in the parliament.

“We need to understand that if we start with the new constitution, we will require a new law to govern the process and that law should be passed by the current parliament which is dominated by one party,” he said.

“After the draft constitution, we will also have to go for referendum, which again will be supervised by the current electoral commission. What do you expect out of that?” queried Mr Kabwe.

The proposal was supported by secretary general of the Chama Cha Kijamii (CCK), Renatus Muabhi, who stressed importance of the commission.

“The current constitution has given us leaders who have no consent of the voters - and ultimately form a government that they did not desire. An independent electoral body will help us to avoid even some violence after elections,” he said, stressing that Tanzania should start with the electoral commission.

The idea of having the independent commission before the new constitution is opposed by a section of other politicians, religious leaders and some legal experts who want the new constitution which will reset all systems, including the electoral body itself.

“We need a new constitution which will put in place strong systems including the proper grounds for the electoral body,” said Mr Mbatia - adding that the commission depends on the directives of the mother law.

“A Constitution is everything in any nation. The legality of all other activities in a nation is derived from the constitution which must be inclusive. The constitution we have today is no longer valid, considering the political changes since 1977 when it was adopted,” he said.

Tanzania adopted multiparty system of democracy in 1992 but opposition parties have been complaining of “unfair political environment” hence demanding for the constitutional reforms.

“Let’s start with the new constitution which is basically the contract between leaders and the citizens. An Electoral commission is just a small part of the mother law,” said the chairman of the Tanganyika Law Society for Kilimanjaro, Mr David Shillatu.

“We have a constitution that makes some leaders more powerful than the electoral commission and they can do anything to it,” said the Evangelical Lutheran Church in Tanzania (ELCT) Karagwe Diocese Bishop Benson Bagonza who also wants to have a new constitution first.

“A Constitution is everything.

“You can have an independent electoral commission; but if it’s not protected by the constitution, it will not be effective,” said a lecturer from the Ruaha Catholic University, Mr Rwezaura Kaijage.