TCF affirms public forums on ‘Katiba Review’ as legal platform meetings

Tanzania Constitution Forum (TCF) has said that, the ongoing political platforms and seminars that aim to advocate awareness to people about the contents endorsed in the draft of constitution are legal meetings which help to reform the constitutional writing process. TCF’s Chairman Deus Kibamba made a clarification over the matter on Wednesday this week at a workshop organized by his organization that aimed to educate representatives of 184 organizations which fall under the umbrella of the TCF scattered in all districts in the country. The call by TCF chairman has come after some members of the Constituent Assembly (CA) on Tuesday last week called for a review of Standing Orders to empower the assembly to summon those deemed to be interfering in its duties. Kibamba noted that, the CA members currently discussing the draft of constitution must accept such challenges as debates organized in such meetings helps to air people’s views which could also be used in the constitution making process currently being debated in the CA. Kibamba was reacting against the idea by CA members who contributed a debate requesting for an immediate suppression of such movements which are being advocated by some NGOs in the country, and remarked that is a denial of freedom of expression.  The TCF had organized a three day workshop for heads of their organizations working at a district level with a view to educate them so as to understand the contents outlined in various chapters and articles in the draft of a new constitution.  The aim of the TCF is to let their representatives acquire enough knowledge about the draft so that when they go back to the people in their areas, they should also supply the same knowledge to people as most Tanzanians are not quite aware of some contents proposed in the draft. According to Kibamba, the writing of the new constitution is a collective task that involves every citizen in the country and that among the roles to be played by the CA is to respect proposals endorsed by the disbanded Constitution Review Commission (CRC) as they are people’s views. 

TCF’s Chairman Mr. Deus Kibamba gestures when briefing journalists

He also noted that, TCF has resolved to make use of its constitution forums to enlighten the general public after having seen there is already a great split which has started to emerge among politicians in the country. “We have seen the need to educate people who are showing bad attitude over the constitutional writing process and some have started to fight one another over the topic” he said and cautioned that the current CA in discussion should not fault the disbanded CRC led by Judge Joseph Warioba. He has expressed dismay as some people have shown bad tolerance towards the constitution writing process in some districts in the country, noting that this is not right as people should respect each others’ views over the constitution making process. He said every citizen has the right to contribute views over the constitution currently in discussion and no one has the mandate to suppress them at this time when the CA is going on with the process. Commenting on the issue, a member of the CRC, Humphrey Polepole who is the main speaker said that, TCF members are quite unaware of the new constitution and called for sensitization program through various political platforms so as people should be made aware about the constitution itself. On her part, a member of CA who attended the workshop Esther Bulaya ushered her interest over the ongoing constitutional making process and said that,   at this time the CA should not form a grudge with members conducting meetings outside the debating chamber. However, she said in an exclusive interview and queried the rationale of waiting for other nations from outside the country to come forward to settle our disputes and misunderstandings which have started to emerge in the whole process of constitution writing. She has however, supported proposals by the deputy Minister for Finance Mwigulu Nchemba, also a member of CA who since the resumption of the second phase discussion of the constitution writing process, put forward an argument requesting for the suspension of the CA sessions until the two warring groups reach a consensus.

Tanzania does not have a specified ideology to address national economic system

SINCE the introduction of the trade liberalization policy in 1986, Tanzania is said to have not yet specified openly the ideological basis of the Republic which stands for the national economic system as a sole means of production for the available rich natural resources and other business sectors. The policy which changed from the socialist economic state and now to the globalized economy has adopted the capitalism type of economy whereby the government has allowed Direct Foreign Investments (DFI) in every business sector of the national economy in the country. Seven years after the attainment of the country’s independence, in 1967 the government banned all individual means of  production an aspect that paved the way for the nationalization programme that allowed all means of the economic production were channeled and dominated by the government. The nationalization programme which was manifested after the Arusha declaration included confiscation of people’s fixed assets such as land and housing exceeding Sh. 100,000 by then and turned into national properties. The move was recognized in the constitution as the country was adopting Socialism and Self Reliance economic system policy. In view of this uncertainty, the Constituent Assembly (CA) Committee No. 9 has proposed the need of having the ideology which talks about the unified national economic system to be included in the draft of constitution as the current legal system has remained silent about the matter. The deputy chairman of the CA committee No. 9 William Ngeleja said on Tuesday last week that, there was a need for Tanzania citizens to be well informed about the type of an ideology which stand for national economic system and have it endorsed in the new constitution. 

Former Tanzania's Miister for Minerals and Energy William Ngeleja briefing journalists not in the picture

He said that before the trade liberalization policy which came into being in 1986, the main ideological basis for the United Republic of Tanzania as analyzed in 1977 constitution recognized ‘Socialism and Self Reliance’  as the main political ideology of the republic. Ngeleja, a former Energy and Mineral Minister said that, it should be clearly stated in the new constitution what type of the ideology that Tanzania has adopted since the introduction of trade liberalization policy which should control its national economic system. He was highlighting various irregularities which had emerged among his committee members when they were discussing Chapters 3 and 4 of the constitutional draft and had come across the issue of citizens’ rights and thereby had remembered the national economic system as a major economic concept which he said is not specified at all within the draft. For that, matter his committee has proposed it to be included in the constitution for it is among the most important issues which drives the country’s national economy. However, he also said that, the issue was among the hottest issues that dominated debates by committee members. However, Ngeleja said that, there is a great need for Tanzanians to be informed in their national constitution about  the type  of economic system and the ideology the government is currently following as a means of production for its national economy. 

Sitta wants Ukawa to stop illegal gatherings

The Chairman of the Constituent Assembly (CA) Samwel Sitta has warned the role of some CA members who continues to conduct illegal meetings discussing the writing of the new constitution outside the debating chamber. Sitta issued his concern yesterday when addressing members of the CA members who turned up to resume the second phase discussions of the national constitution whose sessions started on Tuesday last week in Dodoma parliament grounds. He said all discussions relating with the ongoing constitutional writing process has to be discussed openly in the CA and not elsewhere as what the group of the so-called members of the Coalition of Defenders of the People’s Constitution (Ukawa) are doing. He said various gatherings organized by Ukawa which discusses the role of constitution writing process in the country have negative distortions as they are full of reprimands and abuses which are likely to cause misunderstands among citizens in the country about the whole process. “Being the Chairman of the CA, my responsibility is to tell what is all about the proceedings ahead of the  constitution writing process according to the law and also clarify what some people might have put to distort the whole meaning. He has accused members of Ukawa for their role as it is not right as stipulated in the Constitution Review Act 2013. 

The Chairman of the Constituent Assembly Mr. Samwel Sitta

“Their role transpires negative distortions to the whole meaning by holding illegal meetings under the name of CA”, he said. However, he clarified clearly the meaning of the draft as it is described according to the law and noted that, ‘this is just a mere document which is not yet approved by an apex body to make it effectively work.   He therefore noted that, once such a document has been put for discussion, the CA has the right to rectify it wherever possible and that it could be meaningless for the CA to be handed over with a draft without making amendments on it and leave it as such the way it was presented before. Otherwise, he continued there was no need for the Constitution Review Commission team to hand it over to members of CA for discussion, otherwise they could have taken it straight to the general public to  vote for it. Sitta is on the view of the fact that, it is only the CA which has the audacity to discuss what is inside the draft and no any other institutions or a group of people such as Ukawa  before it is taken to people for a referendum.  He further clarified that as long as the CA has the right to discuss the draft as in accordance to the law, still its members have the legal right to conduct the sessions as representatives of the majority of various areas, institutions or NGOs in the country. “This is why a large section of the general public has been represented by their Members of Parliament representing various constituencies  and others have been  appointed by the President to represent other social groups”, he said adding that, have to be respected at all cost. However, Sitta has also questioned the legality of some of leaders from these groups to boycott the sessions in CA and instead have resorted to conduct their own meetings outside the debating chamber by distorting people, a factor which ironically is not in line with legal procedures. Sitta has warned such movements and wanted the perpetrators be stopped from doing so with immediate effect. However, he also said that, the CA members would continue discussing the draft and hailed their attendance saying that, they have turned out over 75 percent of them.

Two tier government structure most likely to get the majority votes

As discussions on Chapters 1 and 2 of the constitutional draft is officially closed by the Constituent Assembly (CA),  a reliable source has said that, a two tier government structure has been proposed by all CA committees formed. The Chairperson who leads CA committee No. 1 Ummy Mwalimu disclosed on Thursday this week when briefing journalists the deliberations reached by her committee members in Chapters  3 and 4 currently in discussions by the CA. She said what the CA is waiting to do with chapters 1 and 2 is the voting process by all CA members scheduled in early September depending on the completion of other Chapters. Currently, the CA which resumed its sessions on Tuesday this week is discussing the remaining 15 Chapters of the draft to be finished within 60 days which President Jakaya Kikwete had issued. The first two Chapters, whose discussions consumed more time during the first phase before adjournment of the CA sessions brought a mutual of misunderstanding among members in the CA after the majority of CCM members wanted a two tier government system. Others who formed a group of the so-called coalition of defenders of people’s constitution known in its Kiswahili acronym ‘Ukawa’ opposed to the idea. They instead based on what was proposed in the draft by the Constitution Review Commission (CRC) as people’s views who wants a three tier government structure. Ukawa group ultimately decided to walk out of the debating chamber leaving the majority CCM members who is currently going on with the process. They recently made a declaration not to return back to the CA. In her briefings for Chapters 3 and 4 Ummy said that, her committee has proposed for a new chapter to be formed in the draft that would deal with issues of farmers and livestock keepers in the country. 

The Minister of State in Vice-President’s office Ummy Mwalimu

The decision by the committee members has come after having realized that in the draft presented by the CRC, the issue of farmers and livestock keepers was not adequately elaborated bearing the fact that there are numerous cases of land issues in the country. Presenting their proposals, Ummy noted that, there is a need to prepare a new chapter that would elaborate land issue into details as it touches most rural Tanzanians by adding more provisions that would address it properly. She also noted that, the provision which talks about the freedom of worship, her committee members unanimously agreed to leave it as such. However, she added that, there should have been a government institution which should directly be concerned with the registration of the religious institutions and nothing else. Unlike today, the chairperson elaborated that, there is a mushrooming of religious institutions operating in the country which have no authentic registration status. So by having a single unified government body this would help have an overall control of the establishment of such institutions in the country. She also noted that, within Chapters No. 3 and 4 of the draft of constitution among the hot issues the committee came across is the issue of freedom of media organizations. With this, her committee has proposed that media organization would continue doing their work more freely so that important information should reach the unprivileged groups notably people with disabilities in rural areas in the country. Earlier, Ummy who is also a Minister of State in Vice-President’s office affirmed that, in her committee they have a total of 53 members out of which 33 comes from Tanzania mainland while the rest are from Zanzibar.

CDA seeks for private sector development assistance

In a bid to quicken Dodoma municipality into becoming a national capital city, the Capital Development Authority (CDA) is in place to create a conducive environment which would enable it to depend entirely on the assistance of private sector developing initiatives. It has been learnt. An attendant at the CDA stand Kisamo Burhani said when visited at the just ended Nanenane agricultural show ground on Friday this week. He said that, the move by the CDA is after having seen there is a slow pace for its development initiatives currently being undertaken by the government into developing  a newly designated national capital city since it was officially announced in 1973 over 40 years ago. He said that, since the declaration by the government to transfer the government business activities from Dar es Salaam to Dodoma town over 40 years ago, very little development has been made despite efforts by CDA to ensure plans are intact in regard to years of existence it has been in operation. CDA is a sole national authority which was formed by Act of Parliament with a view to supervise and develop Dodoma town into becoming a national capital city, and among its mission is to ensure that a Master plan for the city and developments in it are strictly observed.  The authority has an overall control of the Dodoma Municipality including capital city district and its suburbs. It also has the Board of Directors and Director General who administers four directorates namely, the directorate of Administration, Estate development, Environment management Engineering and Construction as well as directorate of Planning. All these directorates operate are under the Presidential Capital Development Commission whose Chairperson is the Prime Minister who is assisted by the Minister of State in Prime Minister’s Office According to Burhan, the government does not set a budget for the CDA in order to accomplish the basic needs required for the development purpose for which it was established. However, he said adding that the executives do not show determination over the issue. He said the first Master plan for the city development was issued in 1976 and was reviewed in 2010 but up to now very little development is made  and no any remarkable development feature which can show the general public that their government is serious with the issue. He was astonished to see that, the Nigerian government adopted the Tanzanian system and implemented the idea in their country and could not delay with the matter as now the country’s national business activities are based in Abuja instead of Lagos where they were before. Cornered for comments, one show goer an ex-service personnel during colonial time and later Tanganyika and Tanzania  Obadiah Kussenah said that, they had their salaries deducted to contribute for the development of CDA but wondered up to now nothing has shown up. Kussenah an agriculturalist and former secondary teacher before he joined agricultural research institutes  has retired from  the government service 30 years ago and now he works as a consultant on the agricultural crop production in Dodoma rural. However, he wonders how the executives are so reluctant to implement the transfer to a designated capital as it was made ever since by the first President of the United Republic ogf Tanzania the late Mwalimu Julius Nyerere. “For this issue, the  government has to be blame for not taking serious actions despite the master plan is in place” he said. According to Burhan, CDA is creating an environment to welcome investments and has demarcated enough land spaces in strategic areas surrounding the Universities, National Capital centers for the development of housing estates and apartment development.