TALKING POINT : Why Magufuli cannot run away from the Katiba issue

I followed with keen interest as President John Pombe Magufuli marked his first year in office last week. As expected, there were no major celebrations but plenty of reflection.

Quite unusually for the President, he invited the media to a questions-and-answers session at State House. It was the first such engagement since he became president. I join other Tanzanians in commending him for the decision.

Even more interesting was his frank self-assessment. The Head of State listed his major achievements over the past year and challenges that cropped up along the way. I thought this was very refreshing, touching not only on what had been achieved, but also what might have been. In addition, the President outlined what should be expected as the government steps up its crackdown on corruption and many other ills society is grappling with.

However, I was devastated by Dr Magufuli’s take on demands for the revival and ultimately completion of the stalled constitution review process. Responding to a question from the audience, the President appeared to accord the process low priority by stating in no uncertain terms that the Katiba agenda would take a back seat as the Fifth Phase government addressed other “more important” matters. I nearly fell off my chair in utter disbelief.

Being the Head of State, Dr Magufuli should know that the quest for a new and progressive constitution is arguably the single most important agenda in Tanzania at the moment. There are a number of reasons. First, demands for such a constitution date back to 1961. The demands have not waned even after four constitutions were promulgated in 1962, 1964, 1965 and 1977. The 1977 Constitution has been amended 14 times, but this has not quenched the people’s thirst for a new supreme law. This partly explains why President Jakaya Kikwete gave in to demands for a review of the constitution in December 2010.

Secondly, experience has shown that the best time for constitutional processes is several years to the next elections. If these are conducted with elections just around the corner, nations tend to be divided along party and ideological lines, making it virtually impossible to reach a consensus needed to pass a new constitution.

It is thus not surprising that Tanzania’s process stalled in 2014, a year before the country went to the polls in its fifth multiparty general election. It therefore goes without saying that the best time for Tanzania to complete its constitution review process is now, not later as Dr Magufuli stated last week.

Also, the cost of the exercise is another matter of substance. For a cost-conscious government like his, President Magufuli must be aware of the tens of billions spent since on the process so far, culminating in the passing of the Proposed Constitution by the Constituent Assembly in Dodoma in 2014.

The hard work has already been done, and resources needed to complete the process are a fraction of what has been spent so far. Under Dr Magufuli’s watch, I doubt if there is room to inflate the cost of anything in government service as was the norm previously. This is an opportunity to complete the process at the lowest possible material cost. Why this reluctance on the part of the head of state?

I see a disconnect in the Fifth Phase government between the presumably good intentions of the administration and expert advice given by Dr Magufuli’s numerous advisors whose salaries are paid by taxpayers. Just what is Constitutional and Legal Affairs minister Harrison Mwakyembe advising the President on the need and urgency of completing the process? What does Attorney General George Masaju have to tell Dr Magufuli on legal issues pertaining to the process? What are the legal aides at State House doing?

The road to a new constitution must not end here. While the President may not have said anything about this noble process in his election campaign, the ruling party has promised Tanzanians in its current manifesto that the process will be completed before 2020.

We need to allay fears and set the stage for the process to continue from next year. It should be noted that it takes up to two years from the date of promulgating a new constitution to its full implementation.