Some even claim that within the first 100 days of their presidency, they will initiate reconciliation for a new constitution.
Dar es Salaam. Former Prime Minister and retired Judge Joseph Warioba has warned that the absence of genuine political will remains the biggest stumbling block in Tanzania’s quest for a new constitution, despite recurring promises from political leaders.
Speaking at the launch of a new book titled Constitution-Making Institutions: Nature, Composition, Authority, and Their Roles, authored by University of Dar es Salaam law lecturer Dr. Idd Mandi, Judge Warioba said that commissions and institutions established to steer the constitution-making process have consistently leaned toward the interests of those in power rather than the wishes of citizens.
“For a long time since 1992, commissions have been formed due to external pressure rather than political will. That is why their recommendations have been ignored, as happened with some of the proposals of the Nyalali Commission,” he said.
He noted that commissions set up under genuine political commitment—such as those led by Rashid Kawawa and Thabit Kombo during the first-phase government—succeeded precisely because they reflected the intentions of leaders who wanted change.
Empty promises during campaigns
Judge Warioba was critical of the way the constitution-making agenda is often reduced to campaign rhetoric. With the October 29 General Election approaching, he said promises by presidential aspirants to revive the process are largely aimed at winning votes rather than delivering a people’s constitution.
“Some even claim that within the first 100 days of their presidency, they will initiate reconciliation for a new constitution. These are encouraging words, but essentially impossible without preparation and genuine consensus. We should not wait for elections; let us begin now,” he stressed.
The veteran lawyer warned that continued sidelining of citizens could endanger the nation’s stability.
“Since 1992, people’s views have been ignored. If by 2030 we still lack a people’s constitution, the peace of this country could be shaken,” he cautioned.
Judge Warioba also recalled that President Samia Suluhu Hassan initiated the process by forming a commission, only for momentum to stall after a minister announced that three years were needed first to provide constitutional education.
“I believe that after the election, that speed governor will be lifted, and the process will move forward. So far, I have not seen any real effort to educate the people about the constitution as claimed by the minister. If this continues, citizens will eventually decide for themselves,” he warned.
Calls for inclusive institutions
Dr. Mandi, whose book was launched at the event, emphasised the need for constitution-making institutions to enjoy broad trust and legitimacy.
“It is vital that commissions are formed with participation of government, the ruling party, opposition parties, and civil society organizations. They must be inclusive enough to reflect women, youth, lawyers, politicians, and economists so that the outcome represents the interests of all Tanzanians,” he said.
Constitutional law expert Professor Gamaliel Mgongo-Fimbo echoed the call, warning that vested personal interests have long plagued commissions. He urged citizens to support political groups genuinely committed to constitutional reforms rather than remain passive.
Professor Chris Maina Peter stressed the importance of constitutional education and suggested that Dr. Mandi’s book be translated into Kiswahili to make it more accessible.
“A constitution is a contract between the people and the rulers. The ruler must know that their authority has limits, and those limits are in the constitution. We need a good constitution for all Tanzanians,” he said.
Dr. Rose Reuben added that academic research must be popularized to stimulate public debate ahead of the process.
Background
Tanzania’s constitution-making process began formally in 2011 with the passage of the Constitutional Review Act, which established the Constitutional Review Commission chaired by Judge Warioba, along with the Constituent Assembly and provisions for a referendum.
The commission collected views from citizens and prepared the First Draft Constitution, which was revised into a Second Draft and debated in the Constituent Assembly. However, sharp ideological divisions—culminating in the opposition coalition Ukawa boycotting the process—led to a deadlock.
Although the Constituent Assembly passed the Proposed Constitution on October 2, 2014, and handed it to then-President Jakaya Kikwete and Zanzibar President Dr. Ali Mohamed Shein for launch, the referendum that was to follow has never been held.
Judge Warioba concluded that Tanzania’s stalled constitutional journey is not due to a shortage of proposals, but the lack of political will.
“If there is genuine consensus and political will, we could have a new constitution within a year. Otherwise, the process will continue to stall, putting the nation’s future in jeopardy,” he warned.
