Tanzanians to wait longer for new constitution writing process to kick off

He said the National Strategy for Public Education on the Constitution, better known in its Kiswahili acronym as Mtefu, would run from 2023 to 2026.

Mtefu, Dr Ndumbaro said, seeks to raise the level of public understanding on the 1977 Constitution of the United Republic of Tanzania.

“This is a very important exercise and we will go with it for three years in order to ensure that all Tanzanians are aware of the Constitution,” Dr Ndumbaro said.

Present at yesterday’s meeting were the First Vice President of Zanzibar, Othman Masoud Othman who participated in his role as former Attorney General for the Isles’ government.

The list also included former Prime Ministers, John Malecela, Joseph Warioba and Mizengo Pinda.

The former Constitutional and Legal Affairs ministers present were Dr Mary Nagu, Ambassador Mathias Chikawe, Prof Palamagamba Kabudi, Dr Harrison Mwakyembe and Mr George Simbachawene, who currently serves as the Minister of State in the President’s Office (Public Service and Good Governance).

The construction rewriting process was initiated during the reign of former President Jakaya Kikwete but it stalled after stark differences between the ruling party and the opposition on the union structure to be adopted between Tanganyika and Zanzibar.

The Constitutional Review Commission, which was headed by Mr Warioba, came up with recommendations that Tanzanians needed a three-tire government system in which both Tanganyika and Zanzibar would have their own government that would ultimately unite to form the United Republic of Tanzania.

However, when the issue came to the Constituent Assembly, the ruling party supported the current two-tier system, a development that saw the opposition getting united against the proposal.

Ultimately, the opposition walked out and the ruling CCM alone endorsed the Draft Constitution which was never exposed to a referendum.

As such, the subject was never made a priority during the period of the late John Magufuli despite repeated calls from the opposition. Upon ascending to power in March, 2021, reformist President Samia Suluhu Hassan reinitiated the topic.

She formed a taskforce that later recommended that Tanzania needed a new constitution and further proposed a six-pronged approach.

The 23-member task force, chaired by former University of Dar es Salaam Vice Chancellor, Prof Rwekaza Mukandala, recommended that firstly, a national dialogue should be held to build consensus on controversial issues, including the nature and structure of the Union between mainland Tanzania and Zanzibar, powers of the president, and the structure of the electoral process. They also recommended that two laws – the Constitutional Review Act (2014) and the Referendum Act (2011) – should be updated in the process of creating a new constitution.

The taskforce also recommended that the President should appoint a new “panel of experts” to utilise the recommendations from the national dialogue to prepare another constitutional draft, whether new or based on previous drafts. The fourth step was to present the draft to parliament for endorsement. The fifth step was civic education and ultimately, for the final step, the Taskforce recommends a referendum on the draft.

Against such a background, the Dr Ndumbaro said during the meeting yesterday that the government has not decided on when the new constitution should be ready and that it was up to Tanzanians to decide.

“When Tanzanians say they want the new mother law tomorrow, we will take effort to avail it to them tomorrow. If they say they want a new constitution today, we will do accordingly,” he said.

He said the government thought it important to ensure that Tanzanians were aware of the current constitution so they can make informed decisions on how soon they need a new one.

Regarding views that Tanzania needs a new constitution before the 2025 general elections, he said it was equally important for the public to understand that the mother law contained several other important issues that went beyond elections.

He said it was the constitution that forms the three pillars of the government (the executive, the judiciary and the parliament). It also sets out the human rights to be respected.

“The challenge that I see is that many people tend to advance their political needs in the constitution rewriting process. They forget that the constitution contains other equally important needs, including the right to education, employment and freedom of association among others,” he said, noting that as things stand, 50 percent of Tanzanians were not aware of what the mother law entails and what is contained in it.

But opposition politicians are of the view that the government was simply playing the delay technique.

“At a meeting for former leaders, the government should have simply presented to them a draft law and the timetable so it can get their views on how to proceed,” said the Chadema Secretary General, John Mnyika.

And the ACT-Wazalendo Party Leader, Mr Zitto Kabwe said Dr Ndumbaro was simply delaying the process, which, he said, was contrary to what President Hassan expected.