Monday, April 13, 2015

REFERENDUM VOTE DATE POSTPONED DUE TO MANY THINGS IN TANZANIA !!!

By  Mwassa Jingi

Posted  Sunday, April 12  2015 at  11:00

IN SUMMARY
·         The constitution-writing process in Tanzania has encountered some challenges that needs time to study and work on so that we may get a Constitution that commands both legal and political legitimacy

Dar es Salaam. 
 What has been in controversy for several months about the referendum date now is clear. At last, what has been anticipated by the majority citizenry has been fulfilled – the referendum has indefinitely been put on hold.  Last year, President Jakaya Mrisho Kikwete, while on a state visit to China, announced that the referendum day would be on April 30, 2015.  It was argued that the President’s mandate in setting a date for the referendum is given vide section 4 of the Referendum Act, 2013, which empowers the President to initiate a referendum. 

Specifically, it was claimed that the announcement of the referendum by the President was mandated by section 4(2). This section stipulates that: “An order for a referendum shall be in the form set out in the schedule to this Act, and shall (c) specify the period within which a referendum shall be held”.
Legal interpreters of the above section do argue that the President had no mandate to specify the day on which the referendum was to be held, but was only authorised by the law to specify a period (duration within which the referendum was to be held). 
Thus, the whole section 4 of the law in question was mandating the President to initiate the process for the referendum, including specifying the period, which the National Electoral Commission (NEC) would frame their working calendar in making practical arrangements, including setting a date for the referendum.
However, it is likely that the President could have been misled by his advisors particularly Prime Minister Mizengo Kayanza Peter  Pinda and former Attorney General Frederick Werema, who seemed to be in favour of having the new Constitution completed by President Kikwete before finishing  his tenure of office in October, 2015.  The President, in specifying the day for the referendum, was complying with the legal requirement, which wanted him within 14 days after receiving the proposed Constitution on October 8, 2014 in Dodoma, to initiate a referendum motion.  NEC then was to take over after President’s initiation of the referendum time.
Had the President not wrongly announced the referendum date, NEC would have comfortably set it out after taking into account all logistics pertaining to the referendum for the proposed Constitution. Nevertheless, NEC would not in any degree challenge a mistake made by the President by specifying the referendum date. NEC’s priority was to update the voters’ register, which was already ordered by the government to use a biometric system. The instruments that would facilitate updating the Biometric Voters’ Register (BVR) was to cost the country dearly, that’s not less than $100 million (Sh1.8 trillion). This money and the whole process of procuring the devices were wholly on government shoulders.  NEC itself had no power to get the money at a time it needed even if it could be 100 per cent independent. The independence of NEC if any is to conduct its affairs according to Article 74(7) of the Constitution of the United Republic  of  Tanzania, 1977 and the National Elections Act.
Despite the obvious facts explained above, one day after NEC announced indefinite postponement of the referendum day, Mr Nape Nnauye, secretary of ideology and mass mobilisation, who also doubles as Chama Cha Mapinduzi (CCM) spokesman went public and blasted NEC members, claiming they should be responsible for the confusion they caused among Tanzanians for sticking to the referendum date knowingly that it was impossible and impracticable.  Nape dashed out his words to NEC members as a way of defending his party and government in power for the blunder and confusion it has caused to Tanzanians on the entire process of constitution making, leave alone the referendum date. 
Apart from the referendum date being announced by the President, some senior ministers also insisted referendum date won’t be changed even when it was obvious that it could not be possible unless through God’s intervention. Now the anticipated miracle has failed. Thus, this controversy was not caused by NEC, but the government itself, which Nape tried to defend on the expense of NEC. That is not right.
The government and CCM leaders cannot run away from condemnation resulting from the referendum date because they were the ones, who for their own interests wanted the process of writing the new Constitution to be hurried and  completed before President Kikwete finishes his presidential term. I think now all comrades of CCM can learn that hurry has no blessing at all, especially for a big project like writing a new Constitution. This is also a repercussion of President Kikwete’s disregard for the agreement he reached with political parties through Tanzania Centre for Democracy (TCD) in August, 2014 in Dodoma. As things go now, no doubt what was agreed between President Kikwete and TCD may be revived and relieved NEC from pressure and fever of rushing to the referendum.
It is high time for both President and his Cabinet listened to what has been suggested by various stakeholders concerning the referendum and possibly set it aside and leave NEC to do things pertaining to the general election only. Stubbornness does not pay off, it only has negative effects.
The author is a lawyer/journalist. He can be reached at
 mwassajingi@yahoo.com,  chrome-extension://lifbcibllhkdhoafpjfnlhfpfgnpldfl/call_skype_logo.png0756 440 175.
 

No comments:

Post a Comment