Introduction
As the contested Constituent Assembly (CA) in Tanzania continue to debate the content of the proposed new constitution, we have noticed a number of unusual events been undertaken by leaders of the CA. In my views, a number of these events need to be taken with intense care. This is because, Constitution is a public or national tool which needs to be an outcome of a wide range of consensus between and among parties/stakeholders involved.
It should be noted that; in the governance of any democratic country like Tanzania, the role of the Constitution as the legal framework within which the laws of the land and policies are fashioned is of paramount importance. My brief analytical approach not only helps to provide objectives and meaning for good governance in Tanzania, but also offers a path to understanding the fundamental shortcomings of the constitutional review process in Tanzania.
As a whole, good governance means the existence of effective institutions which are capable of managing community’s resources and affairs in a manner that is open, transparent and accountable, with respect for the rule of law. It means a system that is equitable and responsive to local people’s needs.
Observation No.1
I read the introductory words of the Constitutional Review Act, 2011
An Act to provide for the establishment of the Constitutional Review Commission for purposes of co-ordination and collection of public opinions on the Constitution; to examine and analyse public opinions; to provide for fora for constitutional review; to provide for preparation and submission of report on the public opinions; to provide for the procedure to constitute the Constituent Assembly, the conduct of referendum and to provide for related matters.
The same Act outlines the Functions of the Commission as
a) co-ordinate and collect public opinions;
b) examine and analyze the consistency and compatibility of the constitutional provisions in relation to the sovereignty of the people, political systems, democracy, rule of law and good governance;
c) make recommendations on each term of reference; and
d) prepare and submit a report.
Now, it is shocking to see how the Constituent Assembly deliberately violates this Act. I read in the news, more than two times where the Chairman of the CA and his Deputy are receiving public opinions from different groups of people at their offices in Dodoma. This is not acceptable and it is a total violation of good governance and very specifically the Constitutional Review Act which states clearly that the Commission is the only body tasked to collect, examine and analyze public opinions.
I strongly suggest that the leadership of CA reads and adheres very carefully with the provisions of the Constitutional Review Act, 2011.
Observation No. 2
I read also from the Constitutional Review Act, 2011 that:
25.-(1) The Constituent Assembly shall have and exercise powers to make provisions for the New Constitution of the United Republic of Tanzania and to
make consequential and transitional provisions to the enactment of such Constitution and to make such other provisions as the Constituent Assembly may find necessary.
(2) The powers of the Constituent Assembly to make provisions for the proposed Constitution shall be exercised by a Draft Constitution tabled by the Chairman of the Commission and passed by the Constituent Assembly.
As explained above, good governance means a system that is equitable and responsive to local people’s needs. Therefore, it is not by accident that the Draft constitution tabled by the Chairman of the Commission should guide the discussion in CA. This document is composed of local people’s opinions which need to be respected. This is one of the principles of good governance.
I suggest that, if we truly want to come up with a democratic constitution, all the debates in CA have to be guided by the Draft Constitution tabled by the Chairman of the Commission.
Where did we go wrong?
In my opinion, the mess started right after Mr. President addressed the Constitutional Assembly. Whether Mr President intended intentionally to violate the Act he personally assented or not, but that was the SOURCE of all other violators to exercise their wishes. The speech by Mr President became a foundation to all the subsequent violations. This is the truth undenied!
What is the way forward?
I suggest that we put partisanship aside for the public interest. It should be noted that constitution is an essential tool to achieve public accountability, the end of which is good governance. In other words, our new constitution must be owned by citizens at large and be efficient and effective in addressing the economic, social and political needs of the Tanzanian society. It should be noted that: good governance is not only about where to go (in this case, getting a new constitution), but also about who should be involved in deciding, and in what capacity.
B.E.S. Mgonja, Ph.D
Lecturer in Governance, Institutions, Public Policy and Management
School of Public Administration and Management
Mzumbe University
P.O. Box 2
Mzumbe - Morogoro
TANZANIA
Phone: +255 655 968 356 or +255 764 968 356
"In War, there is no Substitute for Victory" - Gen MacArthur
0 comments:
Post a Comment