by Ben Taylor

Election year
With the Covid-19 pandemic raging across the globe, any major event scheduled for 2020 is vulnerable to cancellation or postponement, but no such decision has yet been taken with regard to Tanzania’s general elections, set for October. Local councillors, MPs and the President will all be up for re-election.

The subject of possible postponement has come up in the media – including an insightful blogpost by Dr Victoria Lihiru of the Law Department at the Open University of Tanzania that looked at the legality of a delay. Dr Lihiru concluded that it would require a constitutional amendment. The only constitutional provisions allowing for postponement of elections apply only if the country is at war. This would need to be supported by two thirds of MPs.

Nevertheless, the starting assumption must be that the election will go ahead.

Free, fair, open and transparent?
Prior to the arrival of the Coronavirus in Tanzania, the coming elections were at the top of the public agenda. In his annual New Year Sherry Party for diplomats in Tanzania, President Magufuli stressed that the elections would be open, transparent, free and fair.

“A general election is mandatory for any democratic nation like Tanzania. Therefore, the government is determined to embrace justice, transparency and freedom during the election,” he said. He added that the government will allow international agencies and observers to come and monitor the polls.

The assurance came just a few weeks after opposition parties, civil society organisations (CSOs) and the international community concluded that local government elections held last November were not free and fair. The main opposition parties boycotted the election protesting what they termed as unfair disqualification of their nominees.

These same groups reacted to the President’s statement with some scepticism. James Mbatia, national chairman of opposition party NCCR Mageuzi said the President had to delivery on such commitments.

“Making promises is one thing but implementing them is totally different; the President should set the ball rolling,” said Mr Mbatia.

Executive Director of the Legal and Human Rights Centre, Anna Henga, said she welcomed this assurance positively, but added that “in my honest opinion, we still have to address the challenges in the electoral system. For example, Opposition politicians have for a long time complained that our electoral system wasn’t free and fair, while we (CSOs) were locked out of the November 2019 civic polls as well as in some of by-elections held recently, this must be sorted out.” Prof Bakari argued that there were signs that the October general election wouldn’t be free and fair basing on the experience on last November civic polls.

CCM’s Secretariat of Political Affairs and International Relations director, Ngemela Lubinga, said that since this statement came from the Head of State, all would be well. “The Head of State has never disappointed us. There is no need to worry. Those who are sceptic of his assurance should understand that he will address any challenges before the general election, if there is any,” said Mr Lubinga.

Nevertheless, opposition party’s concerns appeared reasonable in early March, when CCM Secretary General, Dr Bashiru Ally gave an interview in which he stated that ruling parties only had themselves to blame if they failed to use their control of state apparatus to ensure victory at the polls.

“It’s obvious that CCM intends to use state powers in the forthcoming elections,” said General Secretary of Chadema, John Mnyika, in response. Mr Mnyika also pointed to the government’s refusal to listen to calls for reform of the National Electoral Commission (NEC).

Such calls had grown louder since the new year. Another opposition party, ACT Wazalendo, launched a nationwide campaign in March to push for the establishment of a truly independent NEC. This added weight to similar calls already emanating from CSOs and other opposition parties. Chadema wrote to the President in January asking for, among other things, the formation of an autonomous electoral commission.

Former Foreign Secretary, Bernard Membe, who was expelled from CCM in February for perceived disloyalty, in March joined calls for reform of NEC. “I said it in the [CCM] Ethics Committee and let me say it again: The prevailing political climate calls for an electoral commission which is independent, representative and transparent at both the national and district level [sic]. I, therefore, strongly support all the voices to that effect.”

The Prime Minister, Kassim Majaliwa, told Parliament in February this year that the current electoral commission was already “very independent” as he rejected pleas for formation of independent electoral body.

The independence (or otherwise) of the Commission has become a key point of contention, prompted in part by how NEC acted during the 2019 civic polls and in part by the appointment of Dr Wilson Mahera, a perceived CCM-loyalist as Director of NEC in October 2019. Dr Mahera is a known CCM member who has previously vied for positions within CCM leadership at local level. His previous post was as Acting Executive Director of Arusha District Council, before which he served as Associate Professor of Mathematics at the University of Dar es Salaam. No reason was given from removing the previous NEC Director, Dr Athuman Kihamia, who served just over a year.

Chadema, ACT Wazalendo and LHRC all expressed concern at the appointment of Dr Mahera. Chadema have argued that it is unconstitutional, since the constitution prohibits any person who is a member of a political party from being involved in the administration of elections. For a similar reason, in 2019, the High Court ruled that District Executive Directors could no longer act as returning officers in elections, though the decision was later overturned on appeal.

Chadema leaders found guilty
Eight senior figures in Chadema, including the party’s national chair, Freeman Mbowe were found guilty of sedition in early March, and sentenced to a collective total fine of TSh 350 million or to each serve five months in prison. Alongside Mr Mbowe were John Mnyika, Ester Matiko, John Heche, Peter Msigwa, Halima Mdee and Ester Bulaya, all prominent Chadema MPs, the party’s Deputy Secretary for Zanzibar, Salum Mwalimu, and former General Secretary Dr Vincent Mashinji, who had since defected to CCM.
14 Politics

The nine had been charged with offences including unlawful assembly, rioting, and making seditious statements in February 2018 during a by-election campaign in Kinondoni constituency in Dar es Salaam. They had denied the charges.

Chadema started a campaign to raise funds immediately after the magistrate’s pronouncement at the Kisutu Resident Magistrate court. Within days, the funds to pay the fines were raised from supporters and all the leaders were released. CCM members similarly raised funds to secure the release of Dr Mashinji.

Under Tanzanian law, any statement made with the intention to “raise discontent or disaffection amongst people or sections of people of the United Republic” is considered to be seditious.

The other main opposition party, ACT Wazalendo, has also faced similar legal difficulties. In February, the High Court judged that the party’s leader, Zitto Kabwe, had a case to answer for allegedly seditious statements made in October 2018. He is expected to face trial later in the year.

Sim card switch-off
Tightened restrictions on mobile phone sim card registration, enforced from January, led to a massive switch off of improperly registered sim cards.

The Tanzania Communications Regulatory Authority (TCRA) began enforcing guidelines that only people who registered their sim cards using National Identification Authority (Nida) identity cards could continue to use their sim cards. Everyone else had their sim cards disconnected from the network.

However, as not all mobile phone users had a national ID card, this has brought Nida in the spotlight. Long queues were seen at its offices across the country, with some accusing it of inefficiency and mediocrity.

Though the law does not state exactly what forms of identity document are required for sim card registration, a variety of documents such as driving licence, passport and even workers IDs were previously being accepted as proof of identity. But new TCRA guidelines insist that anyone registering a sim card “shall be required to present his Nida ID and fingerprint verification” for the registration.

Large queues of people outside Nida offices trying to obtain ID cards with which to register their sim cards. (Citizen website)

After January 20, the switch off was rolled out gradually. Exact numbers are not yet known, but it is thought that over seven million were disconnected.

The largest mobile phone network in Tanzania, Vodacom Tanzania Plc, issued a profit warning in response to the situation. Around 5 million subscribers (around one third of the firm’s total) did not meet the new registration requirements in time, though many were later able to do so.

“The significant number of barred customers will affect revenue growth. The revenue impact, with the increased compliance cost, will also adversely affect our operating profits,” Vodacom said in their statement.

By Ben Taylor

Are the 2019 local elections a foretaste of 2020?

Police prevent a planned ACT-Wazalendo rally in Mwanga Centre grounds in Kigoma due to “security reasons” (January 2020). Photo – ACT Wazalendo

Chadema cited “mass disqualification of the party’s candidates” as their main reason. “It’s a sham exercise and the level of brazen irregularities cannot be tolerated,” said party chairman, Freeman Mbowe. Similarly, ACT-Wazalendo party leader Zitto Kabwe said his party did not agree with the grounds given by election returning officers for disqualifying their aspirants. Election officials had effectively locked out thousands of opposition candidates over reasons their parties described as flimsy and orchestrated. This include not writing full names, misspellings, blank spaces, improper forms and incorrectly written dates among others. Others could not get forms as officials were found to be unavailable. As a result, even before the boycott, many CCM candidates were standing unopposed.

The diplomatic community, including the US Embassy and UK High Commission expressed their concerns, questioning the credibility of elections without any meaningful opposition participation.

“That is their opinion, but what I know is that the elections were free and fair, and were in line with Tanzanian laws and regulations,” said the Minister of State in the President’s Office for Regional Administration and Local Government, Mr Selemani Jafo.

President Magufuli said the opposition parties exercised their democratic right through boycotting the polls.

Mr Mbowe said it was now the time for a free and independent electoral commission to be established to steer the democratic process away from partisan interests that jeopardise the wellbeing of the nation.

ACT-Wazalendo’s secretary general Dorothy Semu said: “It is time for the opposition parties to join forces to fight against this oppression.”

Dr Aikande Kwayu, an honorary research fellow at the Department of Anthropology, University of Wisconsin Madison, supported the boycott. “It is a strong political statement expressing the disillusionment with how elections are organised,” she said.

However, Dr Richard Mbunda, a political analyst from the University of Dar es Salaam (UDSM), pointed out that no party has ever withdrawn from an electoral process and succeeded in its plans. “An election is like war and those shortcomings are unavoidable. What the opposition needs to do is to fully prepare to become a competitive side. There would be no cancellation of elections. By opting out, they lose legitimacy before the public,” he said. He added that he understood the reasons given by opposition parties but now was the time to focus on preparing for the next election.

Looking forward to 2020, Dr Kwayu is worried by the trend. “Looking at how the events have unfolded, I get some feeling that there might even be no elections in 2020,” she said.

Chadema leaders expressed similar concerns. “If the laws remain the same, what is happening in the civic elections will have disastrous consequences in the general election,” warned Mr Mrema, Chadema’s director of protocol, communications and foreign affairs.

Whether or not opposition parties repeat their boycott in 2020 remains to be seen. However, all the signs are that space for public debate and political campaigns will remain tightly controlled as the election draws nearer.

In early January, police declined permission for ACT Wazalendo to hold a rally in the constituency of party leader, Zitto Kabwe, while CCM were granted permission for a similar event. Along with most prominent leaders of both ACT Wazalendo and Chadema, Mr Kabwe remains distracted (or more) by ongoing court cases against them.

In September, for example, The Kisutu Resident Magistrate Court found nine Chadema top officials including the party’s national chairman Freeman Mbowe with a case to answer. Mr Mbowe and the eight others face thirteen charges, including sedition.

Further, ACT-Wazalendo chief party advisor and former Vice President of Zanzibar, Mr Maalim Seif Sharif Hamad was interrogated by police in Pemba in January. He was accused of holding an illegal public rally on December 9, 2019 in Michiweni, Pemba. Along with his co-accused, Mr Hamad maintains that they didn’t hold a rally rather they held an internal party meeting to collect views as the party prepares the 2020 election manifesto.

Small shifts in Chadema leadership
Mr Freeman Mbowe has retained his position as Chadema national chairman in an election held on December 18, 2019. Mr Mbowe who has led the party since 2004 scooped 886 votes (equivalent to 93.5%), while his only opponent Mr Cecil Mwambe picked up 59 votes. The last such election was held in 2014.

The same election process saw Chadema legal director Mr Tundu Lissu elected as the new party vice chairman (mainland) after the incumbent Professor Abdallah Safari stepped down. Mr Lissu was elected unopposed after his main competition for the position, the MPs Sophia Mwakagenda and Saed Kubenea both opted to withdraw their candidacies.

Mr Lissu, the former Singida East MP, has been outside the country for two years now after surviving an assassination attempt.

Following his election, Mr Mbowe appointed Kibamba MP John Mnyika as the party’s new secretary general, replacing Dr Vincent Mashinji. He also appointed Mr Benson Kigaila as the party’s new deputy secretary general (Mainland) and retained Mr Salum Mwalimu as the deputy secretary general (Zanzibar).

Further crackdowns on government critics, further criticism of the government on human rights
The list of politicians, journalists and rights activists to have disappeared or been arrested in Tanzania continues to grow. Besides the politicians mentioned above, in the past few months the most notable cases include Tito Magoti of the Legal and Human Rights Centre (LHRC), and the former President of Tanganyika Law Society (TLS), Fatma Karume.

Mr Magoti disappeared in suspicious circumstances shortly before Christmas. His friends and LHRC colleagues stated that a group of six people in plain clothes confronted him, handcuffed him and bundled him into a Toyota Harrier. Only later did police in Dar es Salaam confirm that they were holding Mr Magoti.

The police statement was less than forthcoming, however, not stating what Mr Magoti was accused of having done, nor where he was being held.

LHRC executive director, Anna Henga, said the laws of the country provide for suspects to be granted bail or arraigned in court within 24 hours of arrest, noting that he had already been held for over 48 hours by that point. “He was supposed to be granted bail because it is his right. We will, therefore, use legal and judicial procedures for him to be bailed,” she said. She added that LHRC had visited all the major police stations in the Kinondoni Region looking for Tito, but in vain.

“This has been a growing trend as security organs can arrest civilians secretly and hold them for a long time without information being communicated to families and relatives,” she said. Mr Magoti was eventually charged with money laundering, together with an information technology expert, Mr Theodory Faustine. Under Tanzanian law, this charge does not permit bail.

Erick Kabendera at Kisutu Residents Magistrate Court in Dar es Salaam.

Money laundering is the same charge facing Erick Kabendera, an investigative journalist, who remains in custody since July 2019. In January, he was refused permission to attend his mother’s funeral.

Fatma Karume became a high profile and outspoken critic of President Magufuli during her term from 2018 to 2019 as President of Tanzania’s bar society, TLS. Since then she has become a regular presence in the Tanzanian media and has taken up several constitutional cases to challenge what she sees as the erosion of the rule of law under President Magufuli. She is the granddaughter for the first President of Zanzibar, Abeid Amani Karume and daughter of former Zanzibar President Amani Abeid Karume.

In September, Ms Karume was suspended from practicing as a lawyer in Tanzania by High Court Principal Judge Eliezer Feleshi. The Judge accused her of impropriety in her handling of a particular case, without specifying what exactly she had done.

The case, in which Ms Karume was representing Mr Ado Shaibu, challenged President John Magufuli’s appointment of Prof Adelardus Kilangi as Attorney General. Ms Karume, who was not in court during the ruling was accused of impropriety in her submission, and has since cried foul, saying she was condemned unheard.

Fatma Karume

She later said that suspending her license would not dampen her spirit or stop her from championing social justice, the rule of law and good governance. “You never know what this means and what lies ahead as fate works in many ways. Maybe this is telling me that I will not bring desired change to society via the route of the law in court but elsewhere. Maybe I should be in politics,” she told journalists.

More broadly, the Media Council of Tanzania (MCT), a press freedom advocacy group, raised the alarm about violations of press freedom in Tanzania. They noted an increase in threats and interference in editorial independence, including serious violations committed by government authorities, state organs, self-styled activist and non-state actors.

A surprise move by the government came when it withdrew the right of individuals and NGOs to directly file cases against it at the Arusha-based African Court on Human and Peoples’ Rights. The Tanzanian Minister of Foreign Affairs and East African Cooperation, Prof Palamagamba Kabudi, signed the notice of withdrawal of the declaration made under Article 34(6) of the African Court Protocol on November 14. Tanzania becomes the second country after Rwanda to take this step.

The decision came shortly after the African Commission on Human and Peoples’ Rights, the African Union’s human rights body, condemned “massive human rights violations” by authorities. In its statement, the commission highlighted a reluctance to investigate serious human rights breaches like that of the disappearance of freelance journalist Azory Gwanda. It also came at a time reports indicate the country had the highest number of cases filed by individuals and NGOs as well as judgments issued against it by the African Court. Out of the 70 decisions issued by the court by September 2019, 28 decisions, or 40%, were on Tanzania.

“The many cases filed against Tanzania at the African Court speak to the abject failure by the country to provide victims of human rights violations adequate and effective remedies nationally”, said Japhet Biegon of Amnesty, a human rights group.

Finally, both Amnesty and Human Rights Watch issued scathing reports in September on the state of human rights in Tanzania. For both organisations, these were the first detailed reports on human rights in Tanzania for many years.

Government actions, noted the reports, have had a chilling effect on the rights to freedom of expression, association and peaceful assembly, with people’s censoring actions perceived as critical of the government for fear of prosecution or other reprisals. Amnesty accused the government of President Magufuli of “disembowelling the country’s human rights framework”.

“Tanzania should show true commitment to protecting and fulfilling the rights to freedom of expression and association. The authorities need to put a stop to harassment, intimidation, and arbitrary arrests of activists, journalists, and opposition members,” said Oryem Nyeko, Africa researcher at Human Rights Watch.

Mr Ngemela Lubinga, the CCM secretary for International Relations dismissed the reports. He denied any violation of human rights in Tanzania, stressing: “We cannot run our affairs as a nation based on how the international community perceives us. Rather, we will live by the rules and norms of our country as an independent nation. We cannot implement recommendations that are not aimed at creating peace – but aim at dividing the nation.”

The government has previously argued that democratic rights are a secondary consideration, a luxury that should only be given serious attention once more concrete improvements – such as transport infrastructure, power generation, public services and poverty reduction – have been delivered.

Tanzania ranks low for mobile phone protections
Tanzania has some of the harshest SIM card monitoring policies in the world, joining the league of Saudi Arabia and North Korea, according to recently published research. This includes use of fingerprint technology for SIM card registration and other measures that enable the government to track and monitor users and build in-depth profiles of their citizens.
The research, published by Comparitech, a UK-based firm, puts Tanzania in last place out of 150 countries, below even Saudi Arabia (149th) and North Korea (joint 147th with Uganda). The report also notes that Tanzania does not have a comprehensive data protection law.

by Ben Taylor

Selection of newspaper covers from July featuring the developing story

Two former Secretary Generals of the ruling party, CCM, Abdulrahman Kinana and Yusuf Makamba, stirred up a very public argument at the highest levels of the party in July. They wrote a letter to the Elders’ Council, an advisory body within the party, warning of the dangers that “unfounded allegations” in a tabloid newspaper pose to the party’s “unity, solidarity and tranquillity.”

This refers to the frequent allegations by publisher, Mr Cyprian Musiba, in his newspapers and on social media, that several senior figures within the party were involved in a plot to undermine the leadership of President John Magufuli. The supposed plotters named by Mr Musiba include Kinana and Makamba, as well as former Foreign Affairs Minister, Bernard Membe, various opposition leaders, government officials and civil society activists.

Mr Musiba has styled himself as a “media activist” seeking to “defend the President against a plot to sabotage him.” His publications have consistently backed President Magufuli and ferociously attacked many within the party and outside, on the basis of little or no evidence.

Mr Makamba and Mr Kinana, who served as CCM’s secretary generals between 2009 to 2011 and 2012-2018 respectively, called on the party’s elders to intervene. They argued that there must be something else behind Mr Musiba’s accusations, which they think is determined to drive the country “into a precipitous drop.” They suggested that for him to be doing this, he must have protection or even direction from a very high level.

They added that they preferred to seek resolution of the matter by raising it within the party rather than taking legal action against Mr Musiba, as others including Mr Membe have done, saying they want to clear their names rather than seek compensation.

The response from the party was sceptical. The secretary to the Elders Council, Pius Msekwa, former speaker of parliament, said there was little the council could do. Mtera MP, Mr Livingstone Lusinde, said the paid had gone astray and wondered how come they are agitated by the acts whose culture they helped create in the first place. Nzega Urban MP (CCM) Hussein Bashe described the letter as a “plot to deny President Magufuli a chance to contest as second term in 2020” and said it went against the party’s constitution.

More significantly, the current CCM Secretary General Dr Bashiru Ally appeared to take issue with Kinana and Makamba. Without mentioning them by name, he warned of a plot to destabilise the party and said that those behind it would “face the music.” According to newspaper reports, the supposed plot also involves Makamba’s son, January Makamba, himself a significant political figure – see next story – as well as former Ministers Nape Nnauye, William Ngeleja and Bernard Membe.

Rather than helping CCM, Bashiru said, the dispute serves the interests of the opposition. “This is a childish game and it’s not surprising that the opposition loves it. They love childish games,” noted Bashiru. He called on party members to defend their leaders when the political atmosphere “gets dirty”.

Previously, in December 2018, Dr Ally had publicly summoned Mr Membe, saying he wanted to speak to him about reports – published in Mr Musiba’s newspapers – that he wanted to challenge President Magufuli in the 2020 General Election.

Mr Membe has largely stepped back from politics after losing the CCM race for the presidential nomination to Dr Magufuli in 2015. He has largely spent his time outside the country on private business. Thus far, he has said nothing to suggest he would challenge President Magufuli for the CCM ticket in 2020.

Outside the party, ACT-Wazalendo party leader Zitto Kabwe commended Mr Kinana’s and Mr Makamba’s letter, saying it transcends party’s interests, touching issues of national interests, especially national security.

Dr Paul Luisulie, a political analyst from the University of Dodoma, said the letter and the reaction to it could be a sign of the failure of CCM’s internal mechanisms to deal with the grievances of those in the party who have concerns with the party’s current leadership. He said the situation could “have very serious consequences” for the unity of the party ahead of elections in 2020. If the letter is ignored, he argued, the authors’ suspicions will be confirmed. “It is very important that CCM give an explanation and work on the grievances that its former leaders have pointed out,” says Dr Luisulie.

A political scientist from the University of Dar es Salaam Dr Richard Mbunda noted that Mr Musiba’s attacks attracted neither protest nor condemnation from either the party or the government. “It is very possible that the person who is steering reforms to the party thinks that getting rid of these bad elements [those with doubts about the party’s leadership] is good for the larger party’s interests. But the consequences will be disastrous if the trend continues unbroken,” he warned.

by Ben Taylor

A country-wide ban on plastic bags has perhaps had unexpected con­sequences for the Minister who brought the long-standing proposal to fruition. As of June 2019, Tanzania became the 34th African country to ban importation, production, sale and use of plastic bags, according to the United Nations Environmental Programme (UNEP). A few weeks later, the Minister responsible, January Makamba, was fired.

In his role as Minister of State for Union Matters and the Environment, Mr Makamba had worked for several years to win the support of cabi­net and put the necessary legal reforms in place. In recent months he had conducted a nationwide campaign to raise awareness of the ban. The country also issued a notice to travellers that they will have to “sur­render” plastic bags in their possession at airports and other points of entry.

Traders in Dar es Salaam and elsewhere initially reported concerns that alternatives were more expensive and not as easily available as plastic bags had been. They also complained that they had found themselves with little choice but to burn their remaining stock of plastic bags to avoid problems with the authorities.

Nevertheless, more recent reports suggest that alternative containers had become more readily available. A resident of Dar es Salaam, Ms Rehema Mbiku, said that “the government has done a good thing because the plastic bags were polluting the environment.”

Immediately following the introduction of the ban, President John Magufuli made a surprise visit to a fish market sporting a wicker basket in a move to support the ban. However, his support for Mr Makamba did not last long.

Explaining his decision to fire Mr Makamba, President Magufuli com­plained that it actually took four years for the ban to be implemented. “The Vice President spoke about it. The Prime Minister spoke about it. There has been a lot of dillydallying until I issued an ultimatum,” he said.

The President also complained of sluggishness in the way tasks were being handled at the Ministry. “Investors are exposed to a lot of delays in accessing Environmental Impact Assessment (EIA) certificates.” Some observers pointed to other factors, however. Mr Makamba is regarded as a potential successor of President Magufuli, and some argued that his widely praised ban on plastic bags was seen at high levels of the party as an attempt to gain political mileage.

Others noted that it is alleged that Makamba had played a role in the letter written by his father, the former CCM Secretary General Yusuf Makamba, complaining of his treatment in the media (see previous story). It is also alleged that January Makamba is a leading figure in the supposed plot to prevent President Magufuli from serving a second term.

At the same time as Mr Makamba was fired, a new Minister of Agriculture was appointed, Hussein Bashe. It may or may not be relevant that Mr Bashe was among the most vocal critics of Kinana and Yusuf Makamba following their letter to party elders (see previous story).

by Ben Taylor

Erick Kabendera, a leading Tanzanian investigative journalist whose articles have been published around the world, was arrested in July, prompting widespread criticism.

Kabendera, who has written for The Guardian, The Independent and Economist Intelligence Unit in the UK, as well as the East African and several Tanzanian newspapers. His work has been notable for his will­ingness to report facts that embarrass the government, and he has also been a prominent critic of President Magufuli’s government on social media.

The situation with Kabendera’s arrest remained unclear for several days. He was picked up from his home by unknown people in a vehi­cle with no number plate. His whereabouts was initially unknown, prompting alarm among his friends and family.

Two days later, the government admitted having detained Kabendera, and pointed to immigration concerns – that he might not be a Tanzanian citizen. Similar allegations have been made in the past, though the Immigration Department at the Ministry of Home Affairs issued a state­ment in 2013 clarifying that Mr Kabendera and his parents were indeed citizens of Tanzania.

Immigration concerns were soon dropped, however, to be replaced by allegations that Kabendera had contravened the Cybercrime Act through his work with the Economist Intelligence Unit. These new claims did not make it onto the eventual charge sheet either, which instead contains charges of money laundering, tax evasion and organ­ised crime. Money laundering is a non-bailable offence in Tanzania, and the journalist is therefore likely to spend several months behind bars even before his case is heard.

Kabendera’s lawyer, Jebra Kambole, said that the questioning since his arrest indicated that the real reason Kabendera had been detained was his work as a journalist.

The case drew strong criticism from pro-democracy campaigners and press freedom advocates. The Committee to Protect Journalists (CPJ) wrote a public letter to President Magufuli, arguing that “the public commitments that Tanzania has made to press freedom will remain empty words without urgent action,” and urging the government to drop the charges against Kabendera.

The UK government also expressed its concern, in a statement issued jointly by the British High Commission and the US Embassy in Tanzania. The statement referred to the “steady erosion of due process in the justice system in Tanzania,” citing frequent resort to lengthy pre­trial detentions and shifting charges.

“The irregular handling of the arrest, detention, and indictment of investigative journalist Erick Kabendera, including the fact that he was denied access to a lawyer in the early stages of his detention, (is) contrary to the Criminal Procedures Act,” the statement read. It con­cludes by urging the Tanzania government “to guarantee due process to each of its citizens, which it has recognized as a basic human right as signatory to multiple UN Human Rights Conventions, among them the International Covenant for Civil and Political Rights.”

Emmanuel Buhohela, spokesman at Tanzania’s foreign affairs ministry, said that the matter regarding Kabendera is before the country’s courts of law. “They [the diplomats] should let justice follow its due course,” he told Reuters news agency.

Tanzanian journalist Maxence Melo

The work of Tanzanian journalist Maxence Melo has been recognised by the Committee to Protect Journalists (CPJ), who presented him with their 2019 International Press Freedom Award.
Melo is the owner and co-founder of Jamii Forums, a popular website and discussion forum that hosts frank debates, mostly in Kiswahili on topics including politics and corruption in Tanzania.

In 2016, Jamii Forums’ office was raided by Tanzanian security forces, and Melo was detained for interrogation. After being held for eight days, he was charged with managing a domain not registered in Tanzania and obstruction for refusing to disclose the identities of Jamii Forums’ users.

In 2017, Melo appeared in court 81 times. He continues to fight in Tanzanian court to clear his name.

by Ben Taylor

Former Prime Minister, Edward Lowassa (right) is welcomed back into the CCM party by President Magufuli (centre) and Prime Minister Kassim Majaliwa.

Former presidential candidate (in 2015) for the country’s leading opposition party, Chadema, Edward Lowassa, resigned from Chadema in March and re-joined his former party, CCM. Speaking at Lumumba CCM offices, Mr Lowassa said: “I am back home.”

Mr Lowassa had previously served in government as a CCM member, most notably as Prime Minister between December 2005 and February 2008 under President Jakaya Kikwete. He resigned his position as Prime Minister following criticism by MPs

and others of his actions in the controversial emergency electricity generation contract awarded to a US firm, Richmond. In the eyes of many, this scandal left Mr Lowassa permanently tainted, though he retained strong support within CCM, such that he was considered a leading contender in the party for selection as the party’s presidential candidate in 2015. When he was overlooked for that role, he sought and found a new home in Chadema – one that would give him a chance to contest the Presidency.

There were signs that Mr Lowassa never entirely felt at home with Chadema, however, and that many Chadema members and supporters felt uncomfortable with him as a leading player in their party. The Chadema party chair, Freeman Mbowe, had long been an outspoken critic of Mr Lowassa, as had the party’s previous presidential candidate Dr Wilbroad Slaa. Dr Slaa left the party soon after Mr Lowassa joined, though Mr Mbowe and most of the party’s senior figures remained.

On Mr Lowassa’s part, following his ultimately unsuccessful election campaign, his involvement in Chadema party matters was never more than lukewarm. He did not join in the kind of criticism of the government that other party leaders engaged in, and he occasionally spoke positively about President Magufuli’s leadership.

At a meeting with President John Magufuli in January 2018, Mr Lowassa congratulated President Magufuli for a good job he was doing. The former Prime Minister said the ‘fruitful conversation’ he had with the President had comforted him, saying “the President has made my day.”

As such, his decision now to return to CCM did not take many observers by surprise. “He could not stay in the opposition after losing the election because the mission and objectives of the Tanzanian opposition were not in his heart,” said Prof Gaudens Mpangala of Ruaha Catholic University (RUCU). “With his sole ambition of winning the presidency, Mr Lowassa’s exit from Chadema was just a matter of time after losing to Dr Magufuli,” he added. Chadema’s deputy secretary general (Mainland) John Mnyika says the absence of Lowassa will not reduce opposition influence and votes, but will instead help them make significant strides in the coming election.

“In 2015, Tanzanians voted for change. There was a massive motivation campaign for change, so his coming to Chadema was an impetus,” he said. “His exit has given an opportunity to pick a candidate better than him. So, we view his absence is a good riddance and a blessing in disguise.”

Prof Mpangala said the opposition managed to secure six million votes in the 2015 election not because of Mr Lowassa but because of the chances created by political situation at that particular time. He said rampant corruption and inaction of the previous administration gave the opposition a key agenda that resonated with voters.

Despite the predictable nature of Mr Lowassa’s decision, rumours swirled about possible ulterior motives. Some suggest he was doing this in order to speed the release of his son-in-law who is in long-term remand for alleged bank fraud, while others say this was a measure to ward off government pressures on Mr Lowassa’s extensive business interests and property portfolio. A third suggestion is that President Magufuli has encouraged Mr Lowassa to re-join CCM in order to assist him with handling critics within the party, notably those connected with Mr Lowassa’s long-time rival, Bernard Membe.

President Magufuli welcomed Mr Lowassa back into CCM: “He is a gentleman. He was a CCM member and defected to the opposition, but he requested to return home. I commend him – even in holy scriptures we are taught to forgive. Welcome back so that we can build our country which has no political conflicts, and development has no political ideology.”

by Ben Taylor
Lipumba and Seif, CUF and ACT
The long-running tug-of-war for the control of Civic United Front (CUF) reached a conclusion in March, when the high court ruled in favour of Prof Ibrahim Lipumba as the legitimate national chair of the party. This set off a chain reaction of moves involving the other CUF faction – led by former Vice President of Zanzibar, Maalim Seif Sharif Hamad – and other opposition parties, that will radically change opposition politics on Zanzibar, and could also have a major impact nationwide.

Maalim Seif responded to the court’s decision by immediately resigning from CUF and joining the Alliance for Change and Transparency (ACT Wazalendo), bringing many thousands of his supporters with him. ACT is led by Zitto Kabwe, the outspoken MP for Kigoma Urban.

The dispute between Prof Lipumba and Mr Hamad has roots in the lead-up to the 2015 election, when Prof Lipumba resigned his position as CUF party chair in protest at the selection of former Prime Minister Edward Lowassa as candidate for President representing the opposition coalition, UKAWA, of which CUF was a prominent member. Several months following the election, Prof Lipumba rescinded his resignation letter and attempted to take control of key party bodies and assets, including party funds.

The party faction allied to Mr Hamad, the 2015 UKAWA candidate for President of Zanzibar, resisted this move, leading to the involvement of the Registrar of Political Parties, Judge Francis Mutungi. Judge Mutungi decided in favour of Prof Lipumba, and the high court has now upheld his decision.

Prof Lipumba, however, may find himself in control of a hollowed-out party. Mr Hamad acted swiftly to defect to ACT Wazalendo, bringing his supporters – thought to constitute the vast majority of the party membership in Zanzibar, where the party has its strongest support – with him.

Even before Mr Hamad made his announcement, the direction of travel was clear, with CUF supporters removing CUF flags and repainting party branch offices around Zanzibar in the purple colours of ACT. It has been reported that many or most of the CUF offices and the furniture and equipment they contain actually belonged to party members rather than to the party itself, hence Mr Hamad’s supporters were able to take the offices and equipment with them into their new party.

“We are rebranding the offices as directed by higher authorities,” said the CUF secretary for Chakechake District in Pemba, Mr Saleh Nassor Juma. He said Mr Hamad has the people who were ready to work with him in any political party he chooses to go to.

Speaking just hours after the high court ruling was announced, Mr Hamad held a press conference in Dar es es Salaam, at which he stated that he has no intention to “continue squabbling over the court’s decision.” “Suffice it to say that our intention now is not to continue with court disputes. It’s enough. Political struggles have to continue,” Mr Hamad said. “The platform which we have decided to use to continue the struggle for democracy is the Alliance for Change and Transparency (ACT-Wazalendo) party,” declared Mr Hamad.

Asked why he chose ACT-Wazalendo and not another opposition party, Mr Hamad said that he did so because the party’s conditions were more acceptable. He didn’t name the conditions, saying that it was an internal party issue.

Reacting to the decision, Prof Lipumba said he was saddened that Mr Hamad took such a decision but not surprised. “We had already fired him from his position as party secretary general,” Prof Lipumba said.

ACT Wazalendo leader Zitto Kabwe welcomed Civic United Front (CUF) members joining his party, arguing that this gives ACT a whole new direction and stature in the country’s politics. “This signals a positive direction of the country’s opposition and its struggles for democracy in general,” said Mr Kabwe. “Efforts to build a strong coalition among the opposition parties are mandatory considering the current political circumstances,” he said.

Mr Kabwe handed over membership cards to Mr Hamad, former CUF Director of International Relations Ismail Jussa, former CUF Deputy Secretary General for Zanzibar, Nassor Mazrui, and the UKAWA candidate for Vice President of Tanzania in 2015, Juma Duni Haji, among others. Mr Haji was named as the new deputy leader of ACT Wazalendo.

Speaking shortly after the event, Mr Hamad said. “I’m speechless. I thank ACT-Wazalendo for giving us this grand reception.” He showered praise on his host, Mr Kabwe. “He’s dynamic, energetic, visionary and brave,” said Mr Hamad. “We are officially ACT-Wazalendo members from today. This country needs to go back to its democratic principles. We’ve to keep up the fight towards that direction,” said Mr Hamad. He also cautioned against the use of violence for their hard work will bear no fruit. “We have to come up with alternative ways, that ensure that democratic values are restored peacefully,” he said.

Political commentator, Jenerali Ulimwengu, described Mr Hamad’s move to ACT as “a potential game-changer. ACT may be a tiny organisation with only one Member of the Union Parliament, its founder Zitto Kabwe. But Kabwe is a smart politician.” “Lipumba has literally nothing left to deal with,” he added, explaining that Seif can still count on the support of most former CUF supporters on Zanzibar and some pockets of supporters on the mainland.

Mbowe released from custody
On March 7, Freeman Mbowe, the chair of Tanzania’s leading opposition party, Chadema, was released on bail after winning an appeal against a contempt of court ruling. Mr Mbowe and his co-accused Esther Matiko, also a Chadema MP, were both released after spending nearly four months in prison.

The two had been denied bail in November last year for failing to show up for a court hearing. At the time, Mr Mbowe said he had been unwell while Ms Matiko said she had been on parliamentary duty outside the country.

Mr Mbowe, Ms Matiko and seven other top party leaders are facing charges of sedition, incitement to violence and holding an “illegal rally” in February 2018 that led to the death of a female student, who is believed to have been killed by a stray police bullet.

High Court Judge Sam Rumanyika ruled that their rights had been violated and ordered their immediate release on bail. “I have never seen such a case in all my time as a judge,” he said, adding it was “dangerous to deny an accused bail without a valid reason.”

“I order that Mr Mbowe and Ms Matiko be freed immediately,” the judge ruled. They must report to the court once a month until their appearance with the seven co-accused in the protest trial.

Earlier the same day, Morogoro Resident Magistrate’s Court released two other Chadema MPs, Mr Peter Lijualikali and Ms Suzan Kiwanga, and six other party members. The court noted that the state’s arguments were not sufficient to deny bail to the suspects. The accused were arrested on February 25, accused of setting fire to a police station in 2017.

Lissu to return?
Prominent opposition politician, Tundu Lissu, has said that he is “more than ready” to run for the presidency of Tanzania in 2020 if his party wants him to. Mr Lissu, who is chief whip for the Tanzanian opposition party Chadema, is currently living in Belgium where he has been undergoing medical treatment after an assassination attempt in Tanzania in 2017. He has undergone 20 operations.

In a televised interview on BBC World News, he said would return to Tanzania when the doctors declared him “fit to go”. When he returned, he added, the government would have a responsibility to ensure he was safe.

During his absence from Tanzania, and as his health has improved, Mr Lissu has made numerous appearances in the international media and at public events in Europe and North America. He has repeatedly told the story of the attempt on his life, accusing the government of being behind the attack and of failing to investigate the case properly. He also complained that the parliament of Tanzania was no longer paying his salary, though he had not been given neither any notice to this effect nor any explanation.

Following one such public appearance, the Ambassador of Tanzania in Germany, Dr Abdallah Possi, responded publicly. “The people of Tanzania – and, indeed, his parliamentary constituents (in Singida East) – would have expected him, if he has now recovered and is able to travel, to go back home and continue his representative and other public duties,” the ambassador stated.

Home Affairs minister Kangi Lugola said he is surprised that the police have until now not arrested Mr Lissu. “I am surprised why the police haven’t arrested Mr Lissu just like they have been arresting loiterers. He has been wandering around the globe, while insisting that he is still sick,” said Mr Lugola.

Changing the rules of the game
At the end of January, Tanzania’s parliament passed amendments to legislation that give sweeping powers to the government-appointed Registrar of Political Parties, a move that opposition legislators say will cement one-party rule. The Act was signed by President Magufuli two weeks later and gazetted ten days after that, which makes the new law operational.

The amendments give the Registrar the power to demand any information from parties, to intervene in parties’ internal decision-making processes, and to suspend or cancel party registration. They also introduce tight restrictions on political party mergers and coalitions.

Critics say the amendments will prevent opposition parties from making an effective challenge to President Magufuli and the ruling CCM party in next year’s general election and this year’s local elections. Opposition leaders said the legislative changes would effectively criminalize political activity and turn Tanzania into “a de facto one-party state”.

“You can’t have a constitution that allows freedom of association then give someone powers to revoke that freedom of association,” said Zitto Kabwe, the leader of the opposition ACT-Wazalendo party.

Esther Bulaya, an MP with Chadema, said the legislation would give the registrar of political parties “excessive powers” to interfere with internal affairs of political parties, including stripping individuals of party membership and removing them from leadership positions.

But CCM MPs argued that the amendments give the registrar much-needed authority to act as a referee and ensure political parties do not embezzle subsidies from taxpayers and that they hold transparent internal leadership elections. The legislation aims to enhance transparency and accountability, said Jenista Mhagama, the minister of state in the prime minister’s Office responsible for parliamentary affairs.

Within weeks of the Act being enacted by parliament, the Registrar of Political Parties, Mr Francis Mutungi, issued a notice of intention to deregister ACT-Wazalendo over reported breach of the Act.

In his letter, Mr Mutungi said ACT-Wazalendo had lost eligibility of being a political party, citing the party’s failure to submit an audit of its 2013/14 financial accounts, and accusing the party of breaking the law by allowing its supporters to burn CUF flags and using religious sentiments following the defection of CUF members to ACT (see previous article.)

Mr Kabwe dismissed these claims, saying his party had not broken any law. He described the allegations as “baseless”, and a “personal vendetta”. According to him, the party’s 2013/2014 financial records were submitted to the office of the Controller and Auditor General (CAG) as the law requires. Further, he disowned those accused of burning CUF flags, saying they were not ACT-Wazalendo members. “Our party will not be deregistered because of us breaking laws, but rather because of the State wanting to,” he said.

A group of civil society organisations spoke up in defence of ACT. Ms Felista Mauya, the director of human rights, monitoring and accountability with the Legal and Human Rights Centre (LHRC), described the threat of deregistration as “extreme”.

“In a democratic country that follows the principles of justice and transparency, we did not expect the registrar to issue such a strong statement on allegations that have not yet been proven,” she said, adding that the letter was issued prematurely and contained many allegations that could be have been discussed between the party and the registrar’s office.

Ms Mauya said opposition parties were operating in a climate of fear where internal meetings were being violently broken up or expressly banned. “It was only a few days ago that an internal meeting organised by ACT-Wazalendo was stopped by police without considering the fact that political parties have a right to conduct meetings,” she said.

In April, four opposition parties lodged a lawsuit at the East African Court of Justice (EACJ) over the Political Parties Act amendments. The case bas been brought by Chadema chair, Freeman Mbowe, together with Zitto Kabwe and Seif Sharif Hamad of ACT Wazalendo.

Mr Mbowe explained that the basis of the case is that the new Act contravenes the terms of establishment of the East African Community (EAC).

“We are opposing the whole act and we request the EACJ to stop this law from implementation until the basic case is heard,” he said. He added that the law “criminalizes democracy in Tanzania”.

The East African Court of Justice very recently judged a similar case relating to the Media Services Act, which critics have argued introduces excessive restrictions on freedom of the press. In this case, the EACJ ruled that several sections of the Media Services Act “violate the Treaty for the Establishment of the East African Community”. The judgement stated that any restrictions on freedom of expression are only acceptable when they are narrow, clearly specified & clearly justified. Those bringing the case against the Political Parties Act look to be hoping for the court to reach a similar verdict.