It’s pity proposed Katiba omits freer graft body

What you need to know:

It proposes radical changes to the earlier Draft put together by the Judge (rtd) Joseph Warioba-led Constitution Review Commission (CRC) while retaining some views from the general public.

On Wednesday, former Cabinet minister and Attorney General, Mr Andrew Chenge, unveiled the proposed new Constitution, which he claims is designed to make Tanzania a stable and stronger Union.

It proposes radical changes to the earlier Draft put together by the Judge (rtd) Joseph Warioba-led Constitution Review Commission (CRC) while retaining some views from the general public.

With the Draft now in the hands of the Constituent Assembly, Tanzanians should brace themselves to receive what CA chairman Samuel Sitta pledged would be a progressive Supreme Law.

But, the proposed document left out one crucial institution, the Prevention and Combating of Corruption Bureau (PCCB).

Was it sheer oversight or a conspiracy? We are asking this question because the CRC failed to make the PCCB a constitutionally established body.

Instead, it suggested that graft prevention and fight should be the work of the police—an institution which, however, is perennially being associated with corruption.

Then came Mr Chenge and his team, who delivered what they called the best Draft Constitution, which, however, does not provide for PCCB.

We are aware that eight committees out of twelve had earlier on proposed that the Constitution should give the anti-corruption agency more mandate and autonomy which would enable it to function more effectively.

In a country where justice is elusive because of massive corruption, it is not clear how we shall have a meaningful and workable Constitution a strong and independent anti-graft body in place.

Politics and money

In today’s Tanzania, a win in politics is increasingly getting anchored in money, and such cash is often sourced dubiously. Merit and integrity of candidates are on the back burner.

We are all witness to how corrupt deals in virtually all facets of life determine the way with which the powerful run public affairs of the country at the expense of the ordinary wananchi.

Having a good Mother Law cannot be an end in itself; it is very crucial to have stronger and more independent institutions to ensure that the good Law works.

We reassert that it is of no use having good laws which are, however, stalled by the crooked amongst us who have money with which to circumvent justice.

In defence of an autonomous and independent PCCB, our lawmakers would have stood above individualism. PCCB is more than its present director general, Dr Edward Hoseah.

Which means that, in advocating a constitutionally empowered corruption watchdog, our MCAs should have been seen as thinking beyond what their view might be on his administration.

Dr Hoseah is sure to retire or be replaced one day, but an independent and autonomous anti-graft bureau will be there for the current and next generations.

The exclusion of PCCB from the proposed new Constitution casts doubt on the country’s commitment to fight corruption.

For some years, Tanzanians have been clamouring for a freer agency that would combat dirty dealings. Many expected that the Constitution making process was a golden opportunity to put that into effect, but it hasn’t happened.

Can people now just hope that subsequent reviews will sort out this omission?