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How Tanzania can fix its ‘flawed’ electoral system
An electoral clerk sorts ballots during a past general election PHOTO | FILE
What you need to know:
- Analysts suggest what Tanzania could do to fix its electoral system, which is perceived in some quarters as flawed and thus benefiting those holding the reins of power
Dar es Salaam. Tanzania’s electoral laws, which are meant to guide democratic processes, have come under increasing scrutiny.
While the Presidential, Parliamentary and Councillors Elections Act; the Political Parties Affairs Act and the Independent National Electoral Commission (INEC) Act enacted in March this year are meant to ensure free and fair elections, some political parties, especially those in the Opposition, have been claiming that the laws have gaps that compromise transparency, fairness and inclusivity.
These issues, ranging from the disenfranchisement of prisoners to the lack of judicial oversight on presidential election results, have raised concerns about the integrity of Tanzania’s democratic system.
The country’s history
The roots of some of these gaps lie in the country’s history. Although Tanzania restored multiparty democracy in 1992, many of the legal frameworks put in place during the one-party era exist to this day.
“The laws we have now were essentially crafted during an era of one-party dominance and that influence still lingers,” Tanzania Human Rights Defenders Coalition (THRDC) national coordinator Onesmo Olengurumwa said.
He added that this historical legacy has created a system that sometimes benefits those already in power, limiting genuine political competition.
The issue of institutional independence is another key factor.
The National Electoral Commission (INEC), which is tasked with overseeing presidential, parliamentary and civic elections, has frequently been criticised for its perceived closeness to the executive branch.
“Without genuine autonomy, institutions like INEC may struggle to be impartial referees of the electoral process,” Mr Olengurumwa said.
This lack of independence is seen as a threat to public trust, as citizens may question whether the commission can fairly handle electoral disputes or issues like voter registration.
Another significant gap in Tanzania’s electoral laws is the lack of judicial oversight over presidential election results.
According to Article 41(7) of the Constitution, courts are barred from reviewing outcomes in presidential elections.
Dr Richard Mbunda of the University of Dar es Salaam sees this as a missed opportunity to enhance accountability.
“Allowing courts to review presidential election results would strengthen the democratic process by addressing disputes transparently and fostering trust,” he said.
Reforms in Tanzania’s electoral system have been slow and piecemeal. While the country has made some changes since the introduction of multiparty democracy, critics argue that these reforms have not gone far enough to address systemic issues within the system.
“What we’ve seen are cosmetic adjustments rather than meaningful changes that tackle the root causes of these flaws,” said Dr Paul Loisulie of the University of Dodoma.
A notable example is the continued exclusion of prisoners and remandees from voting, which many see as a relic of an outdated system.
According to Prof Ali Makame Ussi of the State University of Zanzibar , this exclusion undermines the core values of democracy.
“A democracy that fails to include all its citizens—particularly marginalised groups—is incomplete. This provision alienates individuals who could otherwise contribute to shaping the future of the country,” he said.
While civil society organisations (CSOs) have long pushed for reforms, their efforts have often been stymied by restrictive laws. The Cybercrimes Act, for example, has been used to limit their ability to mobilise for change.
“CSOs are crucial to ensuring the voices of ordinary citizens are heard, but restrictive laws make it difficult for them to engage meaningfully,” Tanzania Constitution Forum (TCF) lawyer Thobias Messanga said.
Campaign financing
Critics argue that campaign financing is another area where Tanzania’s electoral laws fall short. The ruling CCM has access to state resources, which gives it an advantage over opposition parties, leaving them to compete on an uneven playing field.
“There’s a stark imbalance in how resources are allocated during campaigns. This lack of regulation ensures that those in power maintain their dominance,” Mr Messanga added.
Despite these concerns, CCM maintains that the country’s electoral system is evolving to meet its democratic needs.
According to CCM deputy secretary-general (Mainland) John Mongella, the laws are regularly updated to reflect the changing needs of society.
“Laws are created and amended over time to reflect the needs of the moment. Fortunately, this is happening in our country, where Parliament has undertaken revisions, including those passed this year,” he said.
Continuous process
The Minister of State in the President’s Office (Regional Administration and Local Government – PO-RALG), Mr Mohammed Mchengerwa, has also stated that the law-making process in continuous.
“Our laws are reviewed and amended regularly to ensure they meet the current needs and further develop democracy in our country. This is an important process that helps ensure our legal frameworks evolve with the times,” he said,
However, critics argue that these revisions have not always addressed the core issues within the system.
Chadema protocol, communications and foreign affairs director John Mrema pointed out that the ruling party’s dominance in Parliament means that opposition voices are often ignored in the drafting of electoral laws.
“The ruling party’s majority in Parliament allows it to dictate the terms of electoral legislation. This leaves opposition voices marginalised and often ignored,” he said.
Electoral irregularities
The challenge of documenting and addressing electoral irregularities has also been highlighted by rights and democracy activist Buberwa Kaiza, who was among the applicants in a recent legal challenge over PO-RALG’s role in overseeing the local government elections.
He spoke of the importance of citizen participation in ensuring electoral integrity.
“The process of making laws does not involve citizens to the extent that it should, thus why every day we are crying about the gaps in our electoral laws,” he said.
The issue of civic education remains another challenge in the drive for reform.
Many Tanzanians remain unaware of their rights or the electoral process itself, which limits their ability to hold the system accountable. “An uninformed electorate is a vulnerable one,” said Mr Olengurumwa.
“If citizens don’t understand the laws or their rights, they can’t challenge the gaps in the system.”
International observers have often called for electoral reforms, but these calls have been largely focused on surface-level changes.
Dr Revocatus Kabobe of the Open University of Tanzania argued that such reforms have not gone far enough.
“Cosmetic reforms may satisfy international critics temporarily, but they fail to address the fundamental issues that plague Tanzania’s electoral system,” he said.
Despite these challenges, there is a growing recognition that change is necessary. Civil society organizations continue to push for reforms, and opposition parties are calling for greater inclusivity in the legislative process.
“Reforming the system requires a collective effort from all stakeholders—citizens, opposition parties, and civil society,” Dr Kabone noted.
For Tanzania to overcome these challenges, comprehensive reforms must prioritise institutional independence, inclusivity and public engagement.
“The gaps in our electoral laws are a symptom of deeper structural issues, but with deliberate and inclusive reforms, we can move closer to a democracy that works for everyone,” Mr Olengurumwa said.
