Public opinion split over proposed elections bill

Dar es Salaam. Political stakeholders yesterday expressed diverse opinions on the proposed changes to the National Election Commission Act and the new law on the election of the President, parliamentarians, and councillors.

This comes following the first tabling in Parliament of the National Electoral Commission (NEC) Bill, the President, Parliamentarians, and Councillors Bill, and the Political Parties Affairs Bill.

The three bills that will be deliberated before being assented into law after the second reading are expected to reshape the country’s political and electoral landscape.

Among the notable changes included in the NEC Bill is the appointment of the five commissioners of the electoral body after they have applied for advertised vacancies and undergone scrutiny before a committee of interviewees.

The committee, according to the document, will be formed by the Chief Justice (CJ), who will serve as chairperson, and Zanzibar’s Chief Justice (ZCJ), who will be the vice chairman.

“The Commission for Human Rights and Good Governance (CHRAGG) chairperson and vice chairperson will respectively serve as committee members. The fifth remaining member will be appointed by the President based on the gender category,” reads the bill, noting that the director of elections will be the interview committee secretary.

However, the appointment of the NEC chairperson and vice chairman remains unchanged because it is a stipulation of Article 74(1)(a)(b) of the United Republic of Tanzania.

Likewise, the bill says that the director of elections will also be appointed by the President after being nominated by the Commission and that the NEC chief executive should possess several qualifications, including being a senior officer in the public service.

“The Director of Elections will execute his duties with the assistance of executives who should also be public servants and other qualified individuals as they will be required,” reads another part of the bill.

The President, parliamentarians and councillors Bill is a new law introduced following the merger of the National Election Act, Cap 343, and the Local Authorities (Elections) Act Cap 292.

“The move comes following the truth that the two laws resemble the only difference being the conditions put on the election of the President and Parliamentarians, while the latter introduce conditions related to the election of Councillors,” reads part of the bill.

However, the bill has come with a condition abolishing the usual practice of declaring the sole candidates for parliamentarians and councillors to have won the positions unopposed. Instead, the bill wants the sole candidates to be voted on and that he or she will be declared the winner after collecting many votes from the legal ballots.

However, the Political Parties Affairs Bill proposes an amendment to Section 11 in order to specify that political parties’ demonstrations will be held based on the Police Force and Auxiliary Services Act, Cap 322. “The purpose of this amendment is to relate conditions stated in Section 11 and the Police Force and Auxiliary Services Act that have specified procedures to be followed before and during demonstrations and political rallies,” reads the document in part.

“Section 6A is proposed for amendment to enable political parties’ general assemblies to delegate their powers to the National Executive Committee (NEC).

The purpose of this amendment is to allow the nomination of the Zanzibar presidential candidate to be done by the party’s national executive committee,” reads another part. Speaking earlier yesterday, Tanzania Constitutional Forum (Jukata) executive director Bob Wangwe said they didn’t expect the inclusion of district executive directors in a list of election supervisors.

“This is because domestic, regional and international courts have declared them to have sides during the process. As a result, they have been turning the process into a war field instead of a process providing citizens opportunities to vote and being voted,” he told a local television station.

NCCR-Mageuzi vice chairperson Joseph Selasini said, “We have been advocating for legal changes requiring that in order for the president to win, he or she should get 50+1 votes, that is, more than 50 percent.”

He emphasised the need for increased transparency in the appointment of NEC members, suggesting that interested candidates from the public should file applications, undergo interviews and be picked to fill the positions.

 The call for transparency and inclusivity in the appointment process resonates with various stakeholders, including those who advocate for an independent candidate system.

Critics argued that the current requirement of candidates being affiliated with a political party restricts the pool of potential leaders.  The Civic United Front’s (CUF) head of publicity and international relations, Mr Mohammed Ngulangwa, emphasised the importance of having an independent and fair election commission, saying, “There is a reconciliation process and the pressures of the importance of having an independent election commission that have brought this result.”

However, the bills have not fully satisfied the expectations of all stakeholders. Some opposition figures express reservations about the bills’ provisions, particularly regarding the challenge of presidential election results in court and the permission for independent candidates.

 Mr Selasini argued that the bills did not address these critical issues, noting, “The issue is who the members are. We suggested delegates who would be neutral. You can be happy about that, but encounter delegates who will make the situation even worse.”

Mr John Mrema of the main opposition party, Chadema, maintained a cautious stance, refraining from commenting until he had thoroughly reviewed the bills.

 “Once I read it, I will have a good chance to express my opinion, but for now, not yet,” Mr Mrema said, underscoring the complexity and sensitivity of the proposed changes. A political analyst based in Zanzibar, Dr Mussa Abdi, commended the government’s willingness to make amendments but raised a point about the potential conflict of interest in the President appointing individuals to manage elections.