Discontent persists over Katiba-making process

Dar es Salaam. Mistrust and discontent over the way the draft constitution was endorsed in Dodoma this week continues to cloud the process.

Analysts who spoke with The Citizen on Saturday were pessimistic about the chances of the document sailing through during a referendum whose date is yet to be fixed.

Even more perplexing is the statement by Prime Minister Mizengo Pinda in Parliament on Thursday that the new constitution will be made available before President Kikwete leaves office next year.

Mr Pinda’s statement runs counter to that given by the Tanzania Centre for Democracy (TCD) after a meeting with President Kikwete in which they agreed to put the referendum on hold until after the 2015 general election.

The PM’s assertions have sparked a heated debate, with some commentators questioning whose interests Mr Pinda was representing. President Jakaya Kikwete has also been criticised for keeping mum on what was agreed when he met the TCD team.

Mr Kikwete met leaders of political parties forming the group in a bid to bring back on board members of the Coalition of Defenders of People’s Constitution (Ukawa), who boycotted CA sittings in Dodoma.

One of the agreements at the meeting was that the referendum on the draft constitution be suspended until after the 2015 general election. But soon after the draft was passed on Thursday, Mr Pinda declared that the country would get a new constitution during Mr Kikwete’s presidency.

According to Mr Hebron Mwakagenda of the Policy Forum, the process lost legitimacy when Parliament enacted the Constitution Review Act and included “too many” politicians in the CA. The CA draft stands accused of suppressing the voice of  the majority of Tanzanians and allowing politicians use it to ensure their interests are protected.

The PM’s remarks did not come as a surprise, Mr Mwakagenda added, given that President Kikwete himself opted remain silent on what they agreed. “It is unfortunate that the President, who was best placed to tell the nation what they agreed with TCD, opted to remain silent,” he added. Dar resident Sizya Mgongo Fimbo said the constitution-making process had been rendered illegitimate by the lack of consensus. He believes Ukawa’s walk-out in the early stages was genuine and both the government and the CA leadership ought to strive for consensus to end the stalemate.

The secretary general of the Trade Union Congress of Tanzania, Mr Nicholaus Mgaya, said that although he had not gone through the draft, his position was that consensus was the best way to getting a people’s constitution.

“There is no way the document can be called a mother law if a section of Tanzanians are not happy with it, no matter how few,” he added. “If we are to call ourselves people who practice democracy, we must resolve our differences and forge ahead.”

He argued that Mr Pinda’s controversial statement should not have been made at this point and were probably fuelled by his own presidential ambitions. “He has just shown us what kind of leader he is by rushing into giving statements that are inciting,” Mr Mgaya said.