by David Brewin

Historical background
Tanganyika at independence in 1961 had its own government and three years later Zanzibar at its independence also had its own. It was a time of great local and international tension. Tanganyika had had an army mutiny and Zanzibar had had a violent revolution. The East-West cold war was in full swing and both sides were worried about what might happen in Zanzibar, as its frequently unpredictable new President Abeid Karume had invited the Soviet satellite East Germany (not rec­ognised as a state by most of the West) to send experts and establish a presence in the Isles. America and the Western countries were alarmed at the potentially destabilising effect in East Africa of a communist state like Cuba (which still makes trouble for the US all these years later) on the doorstep of East Africa. Both sides were impressed however by the new leader of Tanganyika Julius Nyerere and relied upon him to come up with a solution.

Few know precisely what happened during the Tanganyika – Zanzibar negotiations which were conducted personally by the two presidents, but the result was a new Constitution (two, in fact, because Zanzibar had its own) which were ingenious and innovative and have stood the test of time, in spite of years of friction between the two sides. It cre­ated a new nation with two governments called the United Republic of Tanzania. The Union government had wide powers in both countries, and the Zanzibar government, which was not granted sovereign status, had certain powers in Zanzibar. There were two presidents, two gov­ernments and two parliaments (not three, which many thought would be more logical). Nyerere, a man of great sagacity, realised that the new Union was a delicate flower likely to die unless there was a strong central government and the Zanzibaris were given influence and power far beyond what their respective populations (now 45 million and 1.5 million) would justify.

Many people on both sides have complained over the years about this unusual set up. But Nyerere insisted over and over again that the Union must remain constitutionally as it was. He said that if three govern­ments were set up this would lead to the end of the Union. All subse­quent presidents and parliaments have followed the same line.

The new draft constitution
Following many expressions of opposition to a continuation of the status quo, as explained in recent editions of TA, the Constitutional Review Commission (CRC), under its Chairman Judge Joseph Warioba, travelled all over the country to ask people what they wanted in the new constitution. Finally, on 3 June 2013, they surprised many by publish­ing a very detailed draft, called the “Mother Plan,” which would totally change many aspects of the existing constitution.

The most contentious issue was the future structure of government. The Commission rejected the present two-part government because of “the sensitivities and opposition from both sides of the Union.” It proposed instead a federal union with three governments – a Tanzanian government, a new government described as Bara Tanzania (Mainland Tanzania) and a Zanzibar government.

Some other surprises
The draft constitution provides other detailed proposals which have already stimulated debate, a debate which will continue until the final document is agreed. Examples:
– the Government of the United Republic of Tanzania, which was cre­ated in April 1964, would be substantially reduced in size with about 15 cabinet ministers and a parliament of about 75 members (20 from Zanzibar). There would be five members from the mainland appointed by the President and allocated to the disabled; the provision of special seats for women would not be continued;
-the number of Union matters would be drastically reduced from the current 22 to seven: foreign affairs, immigration, citizenship, defence and security, the central bank, currency, registration of political parties and constitutional issues;
-there would be proportional representation with the details worked out later;
-cabinet ministers and the Speaker of the National Assembly would be selected from outside parliament;
-details of any gifts made to public officials would have to be submitted to the Chief Secretary for approval and public officials would be barred from holding more than one office in government;
-the rights of minority groups such as hunter gatherers (the Hadzabe and Akiye ethnic groups comprising less than 2,000 people) would be recognised and they would be given representation in governance structures where appropriate.

Omissions
Some concern has been expressed about the omission of many key matters from the draft document. These include land ownership, protection of property rights, health, education, exploitation of natural resources, dual citizenship, participation by people in the affairs of the state, free­dom of the press, religious differences, and the right to information. It is understood however that provision might be made for some of these in the new Mainland and Zanzibar constitutions.

There is also the problem that, although Zanzibar has its own constitu­tion which will merely require amendment, a new constitution will have to be drafted for Tanzania Bara, then debated, passed and inaugu­rated, which could be a lengthy process.

Needless to say, discussions are going on around the country and the draft might be substantially changed, but space constraints prevent TA from reporting on most of the comments made so far.
However, the magnitude of the task facing the government in finalis­ing the constitution(s) is illustrated by two statements made at recent public meetings. The former East African Community (EAC) Secretary General, Ambassador Juma Mwapachu, described the move to have an “autonomous Zanzibar” as a drawback to the East African regional inte­gration process. He said that Vice President of Zanzibar Seif Sharriff Hamad’s statement to the effect that Zanzibaris should regain their citizenship and have full autonomy on international issues amounted to a breaking of the Union. “With such comments I wonder what East African people are going to think or say about the nature of the pro­posed East African citizenship,” he added.

by David Brewin

Malawi
“Anyone who tries to provoke our country will face consequences … Our country is safe and the army is strong and ready to defend it,” President Kikwete said in a speech on 25 July to mark National Heroes’ Day. “We will not allow anyone to mess with our country, or try to take away our territory. We will deal with them just as we dealt with [former Ugandan ruler Idi] Amin”

These words were widely interpreted as referring to Malawi, thus rais­ing the stakes in the escalating border dispute over the ownership of the northern half of Lake Nyasa/Malawi, Africa’s third-largest lake. Malawi claims the entire northern area of the lake while Tanzania says it owns the eastern half of the northern area. The southern part of the lake is shared between Malawi and Mozambique. Malawian President Joyce Banda has told mediators that her government would not accept any interim deal on the disputed boundary with Tanzania until the wrangle over sovereignty was settled. (Voice of America)

Sudan
Seven Tanzanian soldiers, acting as peacekeepers as part of the African Union-UN mission (UNAMID) in the Sudan, were killed in mid-July in the Darfur region. Unidentified gunmen attacked them while on patrol between the Khor Abeche and Manawashi regions. Seventeen military and police personnel were wounded in the attack.

During a briefing in New York, a spokesman for UN Secretary General Ban Ki-moon said that “the peacekeepers were attacked when they were undertaking a routine confidence-building patrol. They were outnum­bered four to one by their attackers who numbered between 100 and
150. They had trucks mounted with anti-aircraft guns. One truck was stolen during the attack and the mission later recovered three damaged vehicles.”

Various witnesses from South Darfur have reported to Radio Dabanga that two UN cars were later seen being driven by members of the gov­ernment Central Police Reserve (nicknamed Abu Tira) and dressed in uniforms with distinctive ‘eagle insignia’ on their shoulders.
The government of Sudan blamed the rebel Sudan Liberation Army -Minni Minawi (SLA-MM) for the attack. Other reports said that it was unlikely that Sudan would take any serious action and UN policy appeared to be against opposing the government. Tanzania said it wanted to discuss UN policy as regards peace-keeping operations.

DR Congo and Rwanda
According to the East African, angry words were exchanged after President Kikwete suggested in Addis Ababa in May that Rwanda and Uganda should initiate direct talks with the rebel groups which are at the heart of the trouble which has persisted in the east of the Democratic Republic of Congo. Rwanda called Kikwete’s suggestion ‘utter nonsense‘. Tanzania chairs the Southern Africa Development Community’s Peace and Security Council, but Dar’s conflicting obliga­tions to the International Conference on the Great Lakes Region and the East African Community leave it on a collision course with Uganda and Rwanda which are opposed to troop deployment under the UN.

Things later cooled down and an international agreement was signed by eleven interested countries. South Africa would be contributing troops to a greatly enlarged peacekeeping force, including Tanzanian soldiers, with increased powers.

More recently, a war of words has broken out between Tanzania and Rwanda, largely through nationalistic coverage in the respective coun­tries’ press. This focussed partly on President Kikwete’s statements and partly on the expulsion of 7,000 “Rwandan” immigrants by Tanzania, many of whom had been settled in the north-west of Tanzania since independence. The Rwanda press called them “people of Rwandan ancestry” and the leading English-language paper turned to a personal attack on President Kikwete and his wife.

Egypt
As this edition of TA goes to press in late August, Egypt is in a state of turmoil. Tanzania’s reaction was perhaps summed up in an editorial in the Tanzania Guardian:
“…Ironically, (while the world outside condemned the action by the army) the African Union has failed to speak aloud against what is hap­pening in Egypt, perhaps for fear of biting the hands that feed it, or simply because of our neo-colonial syndrome.

“The truth is very clear: What took place in Egypt is a military coup and we as Africans do not have to be told by the Western countries what to say, at least not the United States…. If Africa cannot stop what is happening in Egypt, then it should strongly condemn as well as suspend that country from the African Union. But precious little has been taken by the African Union to address the worsening situation in Egypt. After five decades of this continent’s independence …. we still cannot speak aloud about our political and economic future. We wait for the so-called ‘masters’ to tell us what democracy is all about, what civilization means and above all, what a military coup means to our own development…. Today, the same people who supported the entire process from the beginning to the end now bless the barrel of the gun to be used against a democratically elected president. Still worse, the same masters now want us to believe that sometimes you can use a military coup to remove a democratically elected government, provided there are opposition members who have demonstrated for a week in protest against the regime.
“The best way to remove any government that doesn’t perform is through the ballot box. But it seems that there’s an old fashioned way we thought had been buried in Africa some years ago now taking place in Egypt – the military coup. What the Western countries do not want to admit is that democracy cannot be imported or exported. As Julius Nyerere once put it: ‘Democracy isn’t a bottle of Coca Cola that you can import’.”

by David Brewin

Tendwa retires after 13 years
Former Registrar of Political Parties, John Tendwa (pictured overleaf), has retired and been replaced by Judge Francis Mutungi. News of the Registrar’s retirement was received with glee by major opposition par­ties that roundly accused him of strangling democracy in the country.

John Tendwa

Tendwa said that he left office satisfied with what he described in The Citizen as “the great achievements he attained for the country’s multi­party democracy, criticism from opposition parties notwithstanding.” He had built the registrar’s office virtually from scratch, and facilitated the enactment of key laws that had enabled multiparty politics to flour­ish. “My critics often don’t know how the registrar’s office operates and aren’t aware of the challenges … it’s never an easy thing to deal with politicians,” he added.

Tendwa said that when he was appointed registrar, he was not even provided with terms of reference. Key statutes to guide the operations of the office and the conduct of political parties were either not yet enacted or inadequate. “When I was appointed, I just didn’t know how I could fulfil my responsibilities. The office needed employees with qualifications in law, but there I was … the only lawyer in the entire office! I thank God that I managed to build a credible institution.”

During his tenure, he sent to Parliament several key Bills such as the Political Parties Act 2009 and the Political Parties Code of Conduct. He also facilitated the enactment of the Election Expenses Act 2010. He pointed out that the Election Expenses Act was a challenging law not liked by politicians all over the world because it limited what they could spend during elections.

On allegations that he favoured the CCM, Tendwa said that at some point the ruling party was also charging that he was favouring the opposition. “To me, being accused from both sides means I was doing my job well,” he said.

Kabwe writes to Cameron
Shadow Minister for Finance Zitto Kabwe (Chadema) has written to British Prime Minister David Cameron asking for a review of his coun­try’s laws and those of other rich nations which make it impossible for African countries to fully investigate people who have stashed huge amounts of money in offshore accounts. His letter followed Cameron’s appointment of a committee to investigate this whole area of concern.

In his letter Kabwe wrote: “I call on you to demonstrate your leadership at the (G8) Summit, [which was held in Northern Ireland in June] by putting in place aggressive sanctions against British Overseas Territories and Crown Dependencies which continue to provide cover for the siphon­ing of billions of dollars of our tax revenue,” Kabwe added that money held by individuals in foreign banks was sometimes siphoned off from development aid from the UK.

Kabwe was among the first legislators in Tanzania to alert the govern­ment that there were numerous Tanzanians who had stashed dubiously acquired billions in foreign banks.
Independent candidates may be allowed to stand
The serial litigant and leader of the Democratic Party (which has no MPs) the Rev Christopher Mtikila, has been partially successful in his campaign for independent, candidates to be allowed to stand as President or as MPs. Constitution Commission leader Judge Warioba said that the first draft of the new constitution included provision for the change. The Rev Mtikila, said that while the announcement was a major step forward, he wouldn’t hold his breath.

Yet another Party
Another political party, the ‘Alliance for Democratic Change’ has been provisionally registered, making a total of 19 parties. At Independence in 1961, Tanganyika had four parties, the Tanganyika African National Union (TANU), the United Tanganyika Party, the African National Congress, and the All Muslim National Union of Tanganyika. (The Citizen)

Six Chadema MPs suspended
In April House Speaker Anne Makinda suspended six Chadema MPs for five successive sessions on the grounds of “gross misconduct”. Those suspended were Opposition Chief Whip Tundu Lissu (Singida East), Godbless Lema (Arusha Urban), Joseph Mbilinyi (Mbeya Urban), Rev Peter Msigwa (Iringa Urban), Ezekiel Wenje (Nyamagana) and Highness Kiwia (Ilemela).

Chadema National Chairman and Leader of the official Opposition in Parliament, Freeman Mbowe, accused Ms Makinda and her deputy, Job Ndugai, of “following directives to favour the ruling CCM and its gov­ernment.” Flanked by Chadema Secretary General, Dr Willibrod Slaa, Mbowe told party members that Chadema would campaign outside parliament against the move. “Speaker Makinda has lied to the entire world by endorsing the decision made by her deputy to suspend our MPs. We can’t accept this and we will continue to fight for the interests of our nation and its people.” According to the House rules, a five-day suspension can only be imposed after the issue has been referred to the Parliamentary Powers and Privileges Committee.

On the envisaged new Constitution, Mbowe stressed that the party would withdraw from the process if the government failed to table in Parliament amendments to the new Constitutional Review Act. “If they force us, we will go to the elections under the old Constitution and by God’s wish we shall win,” he said.

Foul Language
MPs who use foul language in Parliament risk expulsion from the debating chamber Speaker Makinda warned in April. She would now use her powers to discipline errant lawmakers. Standing Orders would be applied to the letter to restore discipline in the House. “I will make sure that abusive MPs are immediately kicked out of the House.” She reminded MPs that being on different sides of the political fence was not a licence for them to hurl abuse. Ms Makinda’s rebuke followed fierce verbal exchanges on the budgets of various ministries between MPs from CCM and CUF, on one side, and Chadema on the other. (The Citizen)