CONSTITUTION

by Enos Bukuku

Signs the constitutional review process is to be revived?
A few months ago, it appeared that President Magufuli had abandoned any plans for the government to imminently revive the process of creating a new constitution. However, he recently appointed two former Constitution Review Commission (CRC) members, Humphrey Polepole and Prof Palamagamba Kabudi, to senior positions. Mr Polepole will act as CCM Publicity Secretary, whilst Prof Kabudi will take over from Harrison Mwakyembe (see Politics section, this issue) as Minister of Constitution and Legal Affairs. Prof Kabudi is considered an experienced authority on legal and constitutional matters.

In his address to Parliament in early April 2017, Prof Kabudi stated that the government is reviewing all its laws relating to the constitution before continuing with the process. “I am new to the ministry, but the government had other priorities when it came into power. The process will now resume from where it ended,” he stated.

However, “where it ended” was that it only remained for the controversial proposed constitution to receive the approval of the public through a national referendum. Many politicians have pointed out the fact that this process is not provided for in the 2017/2018 government budget. The Tanzania Constitution Forum (TCF) has expressed its concern about this. Moreover, and setting budget issues aside, there are still difficult political issues to overcome if a new constitution is to be created.

At a recent General Meeting of the Tanzania Constitution Forum, Gaudence Mpangala, a senior lecturer at Ruaha University College, commented that 2017 and 2018 are the right times to finalise the constitution process. He pointed out that 2019 will involve local government elections and then in 2020 the national elections.

The draft constitution which was produced by the CRC contained many recommendations which were rejected by the Constitution Assembly (CA). The CA chose to reject the proposed three-tier government and stick with the current government structure. It also chose not to limit the tenure of MPs in circumstances where due to illness, incompetence or incarceration they could be removed from office. Former President Kikwete’s criticism of the CRC’s draft constitution appears to have resulted in the sections he had criticised being omitted from the final draft. One must therefore ask whether Prof Kabudi and company will have enough freedom and autonomy to find a solution without Presidential interference with the contents of the constitution, especially if there are elements within it which limit presidential powers.

This concern is heightened by the criticism the government has been facing for restricting freedom of expression and freedom of assembly. There are some who consider that the President has too much power and/or acts above the law. Whether there is any merit to these complaints, the perception that the people have about their government is of great importance, especially where fundamental human rights are involved. Presidential powers and citizens’ rights are therefore likely to become hot topics if the review process is revived, and indeed even if it is not.

ONE YEAR INTO MAGUFULI’S PRESIDENCY

by Ben Taylor

Since coming to office, the pace of President Magufuli’s activity has surprised many observers. In government, the phrase – HapaKaziTu! (Work and nothing else!) – rapidly evolved from a campaign slogan into a philosophy for governance. Whether it comes to economic policy and taxation, public services and public administration, corruption or the media, business as usual is no more.

The president’s early actions against corruption, tax avoidance and waste drew praise and popularity from many quarters. With the Prime Minister, Kassim Majaliwa, he led concerted efforts to clamp down on corruption and raise revenues at Dar es Salaam port, and with the Minister of Education, Prof Joyce Ndalichako, to stop abuse of the higher education and student loans systems. Tight restrictions on foreign travel for public officials and on the use of hotels and conference centres for government meetings were introduced, and the President took a high-profile decision to replace expensive public celebrations of Independence Day in December 2015 with a national exercise to cleanup public spaces. Campaign promises to put an end to school fees and to reduce the basic rate of tax were acted upon. And over 300 public officials have been fired, suspended or reassigned, under the slogan of “tumbua majipu” – “piercing the boils”. Those who have been lost their positions include the heads of the Tanzania Investment Centre (TIC), Tanzania Communications Regulatory Authority (TCRA), the Prevention and Combatting of Corruption Bureau (PCCB), Tanzania Revenue Authority (TRA), Dar es Salaam City Council, and the Chief Secretary (the country’s most senior civil servant). (For further details, see previous issues of TA). This is coupled with a campaign to root out so-called “ghost workers” – civil servants on the government payroll but who do not in reality exist. Over 16,000 “ghost workers” have reportedly been removed from the payroll.

“What would Magufuli do?” asked Twitter users around the world, celebrating the new president’s parsimonious approach to public spending, and comparing him very favourably with other heads of state. Forbes Africa magazine named him on their shortlist of five for Person of the Year (though he eventually lost out to South Africa’s Public Protector, Thuli Madonsela).

More recently, the president has announced that the long-standing intention to shift the site of government from Dar es Salaam to Dodoma would now be fast-tracked. The initial decision was made by President Julius Nyerere in 1973, but had thus far translated into little beyond the relocation of parliament twenty years ago. President Magufuli announced the move would happen before the end of his first five-year term, and Prime Minister Majaliwa swiftly followed this up with a tighter timetable: that he would move by September, to be followed soon after by all other ministers.

Further, he has purchased three new aircraft for the struggling national airline, Air Tanzania, and suspended the import of sugar and coal in an effort to support local producers.

An opinion poll survey published by Twaweza in September 2016 found the president had the approval of 96% of Tanzanian citizens on the mainland, higher than any approval rating for any African head of state ever reported by Afrobarometer, an Africa-wide opinion polling initiative. The same survey found high levels of support for the president’s actions against corrupt public officials, against ghost workers, and for the removal of school fees. The president has positioned himself as being on the side of the ordinary citizen, taking on big business, corruption and waste, and his actions and slogans have captured the public imagination.

At the same time, however, other aspects of President Magufuli’s style of leadership have increasingly drawn criticism – most particularly his attitudes to business, to the civil service, and to democracy.

Investors in the tourist industry have complained that removal of VAT exemptions for many tourism-related goods and services will have a negative impact on their businesses and on the economy as a whole. Importers have argued that heavy-handed enforcement of tax regulations – including moves to charge import duties on goods in transit – will lead to a drop in revenues as transporters take their business away from Dar es Salaam to ports in Kenya, Mozambique or South Africa. Debates about whether or not tourist numbers, hotel bookings, port and transit volumes and tax revenues have declined continue to rage.

A disagreement over Tanzania’s largest cement factory – see also the economics and business section in this issue – is illustrative of these complaints. Ahmed Salim, an analyst at Teneo Intelligence, told Quartz, an online magazine, that the situation “paints an unfavourable and unpredictable outlook for investors looking at the Tanzanian market.” Coupled with a perception that businesses are being subjected to sudden changes in tax policy, investors are reportedly concerned.

Other observers are concerned that the new HapaKaziTu! culture in the civil service has spilled over into a climate of fear. Coupled with tight controls on expenditure and increased scrutiny of their past and present actions – see also the education section in this issue – this has left many civil servants reportedly feeling untrusted and undervalued, and afraid to make decisions.

The Shadow Minister for Public Service Management and Good Governance, Ruth Mollel, herself a former Permanent Secretary, warned the government that its disregard of the rule of law would backfire. “This country cannot be governed through personal opinions and decisions while there are laws set to be adhered to,” she said. “We have been witnessing cases of civil servants being fired and demoted without being given the opportunity to be heard, and this has created fear and demoralised the majority of the workers.” Trade Unions, including the Tanzania Teachers Union and the Trade Union Congress of Tanzania (TUCTA), have also questioned the apparent lack of adherence to proper disciplinary procedures.

Finally, a third set of complaints relate to democracy and human rights. In December, Maxence Melo, one of the founders and owners of Jamii Forums, a popular online discussion forum, was arrested. He was later charged with two counts of obstructing police investigations under the Cybercrimes Act – for refusing to reveal the names of whistle-blowers using the site – and one count of operating a website that does not use the “dot-tz” top level domain.

This was the latest in a series of moves that leave the media, opposition politicians and human rights’ activists feeling vulnerable. A number of journalists and politicians have been arrested and/or charged with sedition. Live TV and radio broadcasts of proceedings in parliament – previously very popular – have been stopped. The Legal and Human Rights Centre (LHRC) has raised the question of whether public officials dismissed for wrongdoing were given a fair opportunity to defend themselves. Since the 2015 elections, several arrests have been made under the Cybercrime Act for insulting the president on social media.

In June, the President announced a ban on political rallies, on the grounds that the elections were over and the government and the public needed to stay focussed on delivering development. The ban was later extended to cover indoor party meetings. Leaders of the opposition parties, Chadema and ACT-Wazalendo, denounced the move as unconstitutional, and Chadema planned a nationwide “day of defiance” on September 1st, under the banner Umoja wa Kipinga Udikteta Tanzania (UKUTA) – Alliance Against Dictatorship in Tanzania. The police announced that the protests did not have permission, and for a few days in late August the rhetoric on both sides grew increasingly aggressive. Tensions were raised further by the murder of four police officers in a probably unconnected incident in the outskirts of Dar es Salaam. “If anyone complains about human rights, send them to me,” said the Dar es Salaam Regional Commissioner, Paul Makonda, while directing the police to show no mercy in response. A confrontation was avoided when Chadema postponed the planned demonstrations.

More recently, the enactment in November of the Media Services Act has attracted criticisms that the government is clamping down on freedom of the press. Among other controversial provisions, the bill introduces a requirement for all media to publish or broadcast news “as the government may direct,” along with a system of government-controlled accreditation for individual journalists. The opposition argued in parliament that this enables the government to screen journalists so that only those who report favourably are allowed to continue.

“This bill is a clear and present danger to the independence of Tanzania’s media, to our collective struggle against corruption and to our young democracy,” wrote Aidan Eyakuze, Executive Director of Twaweza. “Passing it without fundamental changes will cast a long shadow over all the good that President Magufuli’s anti-corruption efforts have achieved.”

President Magufuli has shaken up Tanzania in his first year in office. His supporters would argue that taking on such ingrained problems cannot be done without upsetting some people, and that his opponents are determined to oppose him whatever he does. His critics point to a growing list of concerns.

President Magufuli is set to remain in office until at least 2020. Maintaining this level of activity for that length of time will not be easy. He has already shown, however, that he is up for a challenge.

ZANZIBAR – CUF POWER STRUGGLE

The main opposition party on Zanzibar, the Civic United Front (CUF) has become embroiled in a power struggle, after Prof Ibrahim Lipumba announced he was reversing his resignation as party chair. On at least two separate occasions, the fight has turned physical, with punches thrown outside the High Court in December and earlier in the year at a party meeting.

In August 2016, a year after his resignation as party chair in the wake of the selection of Edward Lowassa as the UKAWA coalition’s presidential candidate, Prof Lipumba announced that he was returning and sought to be recognised again as party chair. He claimed the right to do so as his resignation had never been formally recognised by the party’s governing bodies. The party’s supreme governing council, however, voted unanimously against this move.

Prof Lipumba responded by requesting the Registrar of Political Parties to resolve the issue. The Registrar ruled in the professor’s favour, saying that he was still the official chair of the party.

Seif Sharif Hamad, the CUF Secretary General and the party’s candidate for the Zanzibar presidency on numerous occasions, leads the second faction, which largely consists of the party’s Zanzibari contingent.

In October, the struggle extended to include control of the party’s finances, with Seif warning banks of “imposters” who may try to open accounts in the party’s name, following claims that Lipumba’s supporters had tried to do so.

Meanwhile, the party has continued to appeal for international attention and support for their cause in relation to the 2015 Zanzibar elections. Seif visited the US, Canada and Europe to meet with various parties, democratic institutions and prominent personalities, and visited the International Criminal Court (ICC) in The Hague to claim that the party had compiled evidence of government abuse of democracy and human rights.

President Magufuli, on a visit to Pemba and Unguja islands in September 2nd, called on CUF to put an end to their complaints. “The next General Election in Zanzibar will be held in 2020. This is the truth and nothing will change it,” he said. “People need to move forward and not backwards. Thanks God you have a good leader, Dr Ali Mohamed Shein, who has proved that he loves his people. It is unfortunate that some people are not happy with the prevailing peace and instead parade uncultured behaviour.”

Universal pension scheme launched
2016 saw the introduction of a universal pension scheme on the islands of Zanzibar. Under the scheme, all citizens aged 70 or above will receive Tsh 20,000 per month (approximately £6 at current exchange rates).

Amleset Tewodros, the HelpAge International Country Director for Tanzania, described this as welcome news. “It will help to reduce poverty and inequality among older people on the island, providing a small but stable income for many who are extremely poor,” she said.

Research has shown that the majority of older people have never been in the formal labour market and therefore do not receive a pension from the Zanzibar Social Security Fund.

PRESIDENT MAGUFULI -THE FIRST SIX MONTHS

by David Brewin

Selection of newspapers from Aug 30th, some referring to the planned Chadema protests on 1st September (images from millardayo.com)

Selection of newspapers from Aug 30th, some referring to the planned Chadema protests on 1st September (images from millardayo.com)

Many commentators have been expressing their views on the perfor­mance of President Magufuli during his first hundred days in office. There is widespread agreement that his crusade against corruption and related evils was overdue and that the President has become a popular personality both inside and outside Tanzania.

There has been no let up in the actions being taken against corruption. According to ‘The Africa Report’, one young lady rebutted the advances of a civil servant by saying, in a political cartoon: “Sorry, I don’t date government guys any longer. There was a time, when dating officials, especially those within the Tanzania Revenue Authority and Tanzania Ports’ Authority, was worth something in the bars of Dar es Salaam….. But since John Magufuli took up the presidency in November things have changed.”

Cuts announced
Drastic cuts were announced in the ‘Estimates of Public Expenditure for Consolidated Fund Services’ in the next financial year. This includes the following:
. the State House budget will drop from TSh 20.6 billion approved for the current financial year to TSh 15.0 billion;
. costs related to rehabilitation and other civil works were slashed from TSh 2.22 billion in the current budget to TSh 372 million;
. expenditure for basic salaries of pensionable posts were decreased from TSh 4.35 billion to TSh 3.51 billion;
. the budget for foreign training dropped from TSh 3.47 million to TSh 1.25 million;
. the budget for routine maintenance of buildings dropped from the TSh 1.46 billion to TSh 800 million;
. the budget for in-country travel will fall from TSh 1.36 billion to TSh 802 million; and
. the recurrent expenditure for the Vice President’s office dropped from TSh 31.5 billion to TSh 9.41 billion.

Moving to Dodoma
After little positive action by the government for the last 40 years the new government has let it be known that it wants to fully move its seat of operations from Dar to Dodoma by 2020. The Prime Minister, Kassim Majaliwa, announced that he would move even sooner, by September 2016, and called on other ministers to do likewise.

Transferring staff
In a move to reduce corruption the government has planned to transfer all immigration officials at both main airports in the country to other posts and also transfer officials of the Passport, Accountancy, Residential Permits and Investigation Units at the Immigration Headquarters.

Live TV broadcasts from Parliament
The action of the new government in stopping the popular live broad­casts of the proceedings in the National Assembly because they were said to be ‘too expensive’ proved controversial.

Zitto Kabwe, leader of the ACT Party, led the opposition and sought sus­pension of business to allow MPs to debate it in Parliament. However, a decision given earlier by the Steering Committee ruled that debate on the President’s speech could not be disrupted.

Chadema MP Tundu Lissu, insisted that this went against the rules of the House by usurping the roles of the Chair and the Committee on Procedures. Amidst much noise and disturbance the riot police arrived and several opposition MPs were frogmarched out of the Chamber. Eventually the leader of the main opposition Chadema Party agreed to let MPs continue the debate on the President’s speech and asked the remaining opposition MPs to leave the chamber.

Widespread protests from the opposition and journalists’ groups con­
tinued. They said that the decision was tantamount to censorship. Opposition parties offered to pay for the service, but their offer was rejected. There seems to be a widespread feeling in the country that broadcasts are a rare outlet where the relatively small but lively opposi­tion can hold the government to account and citizens can get an unvar­nished version of government matters being discussed by MPs.

Instead of a full broadcast of proceedings, the parliament’s press team is now distributing selected highlights to TV stations at the close of each day’s session, according to press accounts.
The BBC reported that, since the live coverage was halted, MPs had
been recording parliamentary debates on their mobile phones and
uploading the footage to social media.

Fine for Magufuli Facebook insult
A 40-year-old man was sentenced to three years in jail or a fine of TSh 7 million ($3,100) after he was found guilty of insulting President Magufuli on his Facebook page. He admitted committing the offence. However, the court reduced the punishment after a plea by the lawyer of the accused. He will be required to pay a penalty of TSh 7 million in two instalments. If he fails to fulfil these requirements, he will serve the jail term.

Removing a Minister
In a two-paragraph press statement in May, the President announced that he had revoked the appointment of Charles Kitwanga MP as Home Affairs Minister for coming to parliament ‘in a state of drunkenness’; he then arranged a minor cabinet reshuffle.

Job freeze
The President said in June that the government had decided to tempo­rally freeze new employment opportunities in the public service, and to stop salary increments in a move to stamp out ‘phantom workers’ on the government’s payroll. He advised those aspiring for jobs in the next financial year to wait for at least two months so that the government could ‘end contradictions’ as it was struggling to clear out non-existent ‘ghost workers’ while the public service continued to recruit new staff. All permits for sabbatical leave were also stopped.

Cutting Top salaries
President Magufuli declared that no executive in the public service should receive a monthly salary exceeding TSh 15 million beginning in the next financial year. He said it was a shame for a poor country like Tanzania to have people in public institutions getting TSh 40 million while those in junior positions received only TSh 300,000 a month.

7,800 students suspended
In the kind of move introduced by the Father of the Nation Julius Nyerere shortly after Independence in 1962, 7,800 University of Dodoma students have been suspended. They were studying under a special education programme and only those with the requisite quali­fications are being recalled to resume their studies. The President said that some high officials had taken advantage of the special programme to enrol their relatives [see also Education section]

The Opposition
The Chadema Party has appointed a new Secretary General – Dr Vincent Mashinji (43). In his first address he said that he wanted to mobilise the members to fight for a new party constitution. He said he had chosen to abandon medicine and venture into active politics. He would aim for the party to ‘occupy the State House by 2020’.

Chadema also announced their intention to hold a “day of defiance” with a series of nationwide protests on September 1st, 2016, denouncing what they described as President Magufuli’s “dictatorial” attitude to the opposition, notably a ban on politicians holding public rallies.

The police have banned the demonstrations, on the grounds of national security and protecting the peace. However, Chadema leaders insisted that they intend to go ahead regardless, noting that the ban on the pro­tests was further evidence of the government’s heavy-handed restric­tions on opposition party activities, freedom of assembly and freedom of speech. Other complaints relate to the arrest of some opposition politicians and journalists for “sedition”, the closure or suspension of several media outlets, and clampdowns on online freedoms.

STOP PRESS: Amid rising tensions, Chadema leaders postponed the Sept 1st protest hours before it was due to start, partly in response to offers from religious leaders including the Revd Anthony Lusekelo to mediate the crisis.

FOREIGN RELATIONS

by David Brewin

Anti-corruption Summit

Prime Minister Kassim Majaliwa (fourth right) with Prime Minister Cameron at Lancaster House May 2016 (Photo: Prime Minister’s Office)

Prime Minister Kassim Majaliwa (fourth right) with Prime Minister Cameron at Lancaster House May 2016 (Photo: Prime Minister’s Office)

Prime Minister David Cameron hosted a landmark international Anti-Corruption Summit in London in July which was attended by repre­sentatives from 40 countries. The UK Government had applauded the strong anti-corruption drive by the Tanzanian government and invited President Magufuli to participate. However, he had a prior engagement in Kampala at the inauguration of Ugandan President Museveni for another term in office. He sent a strong delegation to London led by Prime Minister Kassim Majaliwa. Apparently only one other African country was invited to the summit: Nigeria.

The meeting agreed the first ever ‘Global Declaration Against Corruption’, and those present committed themselves to work together to expose, punish and drive it out. The Summit Communiqué stated that “no country is immune from corruption and governments needed to work together, and with partners from business and civil society to tackle it successfully”. The Communiqué included concrete actions aimed at exposing corruption; punishing the corrupt; supporting those who have suffered and driving it out. In addition to the Communiqué, countries made specific commitments in their country statements.

A new partnership between Tanzania and the UK’s National Crime Agency was launched to share expertise in audit, financial regulation and anti-corruption investigation. The UK Crown Prosecution Service agreed to assist in establishing Tanzania’s Special Anti-Corruption Division of the High Court. The UK Department for International Development agreed to support Tanzania’s institutions of accountabil­ity, including the PCCB and the National Audit Office.

Rwanda and Tanzania

PHOTO President Magufuli greets Rwandan President Paul Kagame as he arrives in Dar-es-Salaam on his maiden state visit (Photo: State House)

PHOTO President Magufuli greets Rwandan President Paul Kagame as he arrives in Dar-es-Salaam on his maiden state visit (Photo: State House)

The visit by President Magufuli in May to Rwanda attracted large friendly crowds. At the same time a first ‘Tanzania-Rwanda Trade Forum’ was held in Kigali. It lasted for a week and has apparently sweetened relations between the two countries. It also gave Rwandan President Paul Kagame the chance to call on Tanzania to do something about the theft of Rwandan minerals being exported via Tanzania to the outside world. Dar es Salaam remains the main port for land-locked Rwanda, handling 70% of the country’s imports and over 90% of its exports.

Tanzania has installed cameras and boosted security at the port. Rwandan traders who were not allowed access to the container station now have complete access. Rwandan minerals are stored in a special parking zone and transporters are also allowed access to the yards where the containers are held. Minerals are escorted by armed security personnel from the time they arrive to the time they leave the port.

Human trafficking
According to a spokesperson of the Ministry of Foreign Affairs and East African Co-operation, the recent action amongst East African states to stop human trafficking of young women between 18 and 24 years old, who are seeking work in the Far East and Middle East, is not working properly.

After imposing restrictions on Tanzanian jobseekers at all Tanzanian International Airports, a syndicate of human traffickers began arrang­ing flights of young girls through Kenyan and Ugandan airports.

Between March and May, Tanzanian embassies in India, Malaysia and Oman made efforts to repatriate girls who had been forced to work in brothels.

In Britain, newly appointed Prime Minister Theresa May indicated that she wanted to give top priority to stopping human trafficking world­wide.

BREXIT
The result of Britain’s decision to leave the European Union caused sur­prise and some consternation in Tanzania. Bank of Tanzania’s Governor Benno Ndulu said that Brexit was likely to affect markets but it was a bit early to say and they were following developments very closely.

ZANZIBAR

by David Brewin

After the independence of Zanzibar in 1964 and the subsequent violent revolution, a pattern was established under which the Zanzibar government was re-elected every five years. There were only two significant parties – the ruling CCM or ‘revolutionary party’ which was the majority party in the main and larger Unguja island and the only significant opposition party – the Civic United Front (CUF) which always won a few seats in the House of Representatives in Unguja but had overwhelming support in the other smaller island of Pemba.

Zanzibaris tend to take elections very seriously and the atmosphere during elections is usually intense. In each election a few incidents of violence were witnessed. The CCM won each time, usually with a very small majority and always with complaints from CUF that the CCM had rigged the elections.

After the elections of 2010, the two parties finally came together in a ‘Government of National Unity’ which reduced much of the interparty animosity.

However, during the largely peaceful 2015 elections, the Zanzibar Electoral Commission (ZEC) suddenly stopped the counting of votes saying that there had been irregularities, especially in Pemba. Both sides claimed to have won [see TA 113 and 114].

The CCM then said that there would be another election on March 20th 2016. CUF decided to boycott this and were joined by a group of very small parties. CUF wanted the results of the previous (2015) election to be accepted.

In the second election the number of people voting was only about 15% of the electorate and CCM got an unprecedented 91% of the vote. Nine out of 14 small parties joined CUF’s boycott. Another new feature was that three smaller, previously hardly known parties, won seats and subsequently supported the CCM in the Zanzibar House of Representatives, enabling it to claim an element of legitimacy for a continuation of its rule.

CUF’s difficult position
CUF is now in a very difficult position as it has no MPs in the House of Representatives and the population of Zanzibar is only about 1.5 million compared with the massive 45 million on the mainland supported by a substantial army.­

The CUF delegation with Seif Sharrif Hamad (second left) and Ismail Jussa (third left) arriving at Dules airport Washington DC on June 11.

The CUF delegation with Seif Sharrif Hamad (second left) and Ismail Jussa (third left) arriving at Dules airport Washington DC on June 11.

CUF is taking various actions to help it to survive; It is trying to launch a campaign of civil disobedience and has produced a report titled: “Human Rights Violations by Security Organs against the Opposition in Zanzibar 2015-2016.”

It said that it was going to file a case at the High Court against the Inspector General of Police and the Minister for Home Affairs for what it termed as ‘atrocities committed by police and other security organs against its supporters during the election’. Taking journalists through the report, CUF’s Acting Director for Human Rights, Ms Pavu Juma Abdallah, said that more than a thousand people had been directly affected by the ‘atrocities’ which she said had been committed during the election campaign. She added that it had all started on March 24 last year, when a CUF office in Dimani was torched. Five days later a militia attacked CUF supporters on their way from a rally in Makunduchi. A number of CUF supporters were said to have fallen victim to a wave of attacks including from uniformed police officers and other security operatives, which left six people with gunshot wounds. According to her, the data that CUF collected from the ground indicated that 300 people had been arrested by security officials. Some hundreds were said to have been beaten, 70 houses belonging to CUF supporters were destroyed. CUF said that it would use these figures to speed up the pro­cesses of helping The Hague-based International Criminal Court (ICC) to open investigations against “all those who perpetuated the atroci­ties.” CUF intends to send evidence to President Magufuli, and all local and international human rights organisations to give them a first-hand account of the alleged abuses.

In July-August, there was a visit by a CUF delegation, led by Secretary General Seif Sharrif Hamad, to the USA, Canada, Britain and other European countries to explain the dangers which might lie ahead. He repeatedly warned of unrest in the isles if the present situation contin­ued; Radicals would find an opening in Zanzibar, an archipelago with a 98% Muslim population.

Zitto Kabwe, MP for Kigoma and the leader of the small opposition ACT-Wazalendo Party, told The African Report that Zanzibar was “boiling”. There was is no legitimate government in Zanzibar and “I am worried that people will go to the streets”.

Many political analysts said that leaving CUF, which had been a pow­erful opposition force in the past 20 years, out of politics, could have serious repercussions on democracy and peace.

A statement issued by 16 high commissioners and ambassadors to Tanzania, condemned the ZEC decision to annul the Zanzibar election.

European Union reactions
The European Union clearly had some difficulty in reacting to the Zanzibar election results. Eventually it decided to maintain minimal contact with the government of Zanzibar’s President Ali Mohammed Shein because of the decision of the ZEC to annul the election results without providing evidence to justify “this unprecedented decision”.

The second election was boycotted by 9 out of 14 political parties, which had participated in the November 2015 poll.

Nape Nnauye, the ruling CCM party’s Publicity and Ideology Secretary, said that his party would go to the second polls regardless of any boy­cotting because ‘not all political parties have been fielding candidates in every election’.

CONSTITUTION

by Enos Bukuku

The implementation of a new Tanzanian constitution has been left in limbo since April 2015 when the draft constitution was supposed to be put to a national referendum.

We now have some news which suggests that there is still a possibility that Tanzania will have a new constitution. President Magufuli announced on 23rd June that the government would ensure that the constitution making process would continue where it left off and that the final draft “Katiba” would be presented to the nation in the refer­endum.

This move has surprised many observers, who thought that the govern­ment had given up on passing the largely controversial and divisive draft. There had been suggestions that the government would go back and arrange for a further redraft of the constitution which would look more like the previous draft created by the Warioba-led Constitution Review Commission (CRC).

There has been no date given for the referendum and so it is not yet certain that it will take place this year, if at all. However, the longer the process takes, the more criticism and opposition the current draft constitution will face. This in turn will make it less likely that it will be voted for.

Already Joseph Warioba has warned the government that its attempts to stamp out corruption would be difficult without a supportive constitu­tion, and that some sections of the previous draft, now removed, con­tained provisions which could be used in Magufuli’s war on corruption.

Regarding democracy, veteran political journalist Jenerali Ulimwengu has been more outspoken and is quoted as saying, “Despite the actions that President Magufuli is taking and has been commended for, if you look at the bigger picture we have now gone back 50 years in democracy issues…..He (Kikwete) should come and explain ….if former ministers were taken to court for causing a loss to the government, Honourable Jakaya Kikwete should also be taken to court to answer charges for occasioning a huge loss to the government and destroying the hopes of citizens…by failure to get a new constitution”.

It is only a matter of time before Chadema and other opposition parties start attacking the government on constitutional matters.

Magufuli is between a rock and a hard place. The current draft constitu­tion has cost over TSh 116 billion (around $50 million) and counting. To go back and make further amendment will only add to the huge cost and will not guarantee a new agreed draft. To do nothing would be to waste the money spent so far. To push ahead with the current draft will antagonise the opposition. It is well known that the President does not like to waste money. We therefore wait for news of a referendum.

MAGUFULI’S “CLEANSING” OPERATION

by David Brewin

President Magufuli helps clean the street outside State House in Dec 2015 (photo State House)

President Magufuli helps clean the street outside State House in Dec 2015 (photo State House)

The seemingly tireless new President Magufuli of Tanzania has started his term of office with a number of spectacular measures most of which are not only proving extremely popular in Tanzania but also attracting interest in other East African countries and beyond.

It could be described as a huge ‘cleansing’ operation in which the main features include: a drive to eliminate corruption (in response to widespread demands from the electorate during the November 2015 elections); a cutting out of elements of low priority in the expenditure of government funds; and a better work ethic amongst government employees.

The President has changed so many policies and practices since taking office in November 2015 that it is difficult for a small journal like ‘Tanzanian Affairs’ to cover them adequately. He is, of course, operating through, and with the help of ministers, regional commissioners and others, who have been either kept on or brought in as replacements for those removed in various purges of existing personnel.

Changes under the new President
The following is a list of some of the President’s changes. Some were not carried out by him directly but by subordinates. It is clear however where the inspiration for them came from.

President Magufuli:

• issued a 7-day ultimatum to businessmen who have evaded tax, to pay up or risk arrest and court charges – “pay now so that we can leave you in peace”;

• ordered police to lock up 20 state employees who turned up late for a meeting in Dar es Salaam;

• made surprise visits to ministries and hospitals, and fired several civil servants after finding citizens waiting for assistance being unattended to;

• reduced the budget allocation for a government cocktail party by 90% because “it makes no sense to have an expensive party when patients are sleeping on the floor in government hospitals”;

• banned unnecessary foreign trips by government officials;

• dismissed several top government officials including the Director of Prevention and Combating of Corruption Bureau because of inefficiency, plus four other senior officials for defying the government’s ban on foreign travel as part of the new austerity measures;

• dismissed the Head of the Tanzanian Ports Authority and the top official in the Ministry of Transport over allegations of corruption and tax evasion;

• ordered an official delegation to the recent Commonwealth conference to be reduced in size from 55 officials to just 4; this has come as a shock to many government officials who have often used foreign trips as a means of subsidising their incomes;

• on the day of the inauguration of the new parliament, cut the cost of
the reception from some $350,000 to $10,000; the money saved, some of which was probably contributed by individuals and/or institutions was to be sent to the National Hospital in Dar es Salaam;

• arrested illegal immigrants from different countries for allegedly working without work permits and engaging in work that could be done by Tanzanians: 25 of these were Chinese, 5 Congolese, 3 Ghanaians, 3 Nigerians, 3 Somalis and 1 from the Ivory Coast; two Tanzanians were arrested while they were allegedly in the process of transporting 6 girls to the Middle East;

• planned a special court to fast-track the prosecution of those accused of corruption;

• warmly welcomed the President of the Socialist Republic of Vietnam, Comrade Truong Tan Sang on a four-day state visit to Tanzania;

• on arrival at a regular meeting of the EAC Heads of State, questioned the rationale of holding such meetings at exclusive resorts when there were offices in each of the member countries; “I do not want to be a parasite” and added that he would be as ‘hands-on’ in the affairs of the EAC as he had been with Tanzanian public affairs; he added: “there is no justification for the summit to be held at a luxurious Safari Lodge at a cost of $45 for each delegate per-day”; during the meeting he brought what was described as ‘rare urgency’ to the proceedings; he was not, he said, a ‘protocol person’ and he hoped that the EAC heads of state would make hard decisions rather quickly;

• assured residents of Mwanza and Kagera regions that his government would purchase a new ship to operate between the two ports in the next financial year in accordance with his election pledge;

• directed the staff of the government newspapers “the Daily News” and “Habari Leo” to emphasise the various measures he was advocating and become leaders in the fight against networks connecting local and international drug dealers; “Those who have too much wealth must explain their sources,” he added;

• made it clear that he would deal with ethical failings by ministers through the ethics secretaries in his office;

• arranged for the Permanent Secretary in the Ministry of Education, Science and Technology to oversee the printing of two million new authorised text-books in view of the poor quality, especially the col-ours used and poor page layout, in existing books; and to direct the publisher to remove the books from the government warehouse under government supervision; the ministry should ensure that the copies are destroyed and not sold on the market;

• took steps to revoke the establishment of the Arusha campus of the St. Joseph University in Tanzania;

• during the inauguration of a new 240 megawatt electric power plant project – which is using a new technology under which electricity will be generated from natural gas and the heat obtained from the plant will be used to heat water – instructed TANESCO to come up with constructive ideas on how businesses could set up their own electricity plants and stop paying for expensive hired plants; he said that there had to be a point when the country could produce its own reliable electricity and be able to sell the surplus to other countries; he went on to say; “experts or consultants who advise us to hire power plants instead of buying our own are not fit for the job and their employment should be terminated”; The President thanked Japan, the World Bank, the African Development Bank and other development partners for their help; The Japanese Ambassador to Tanzania, Masharu Yoshida, said that this project would be the first of its kind in East Africa;

• during his swearing in ceremony gave authorities 15 days to eliminate ghost workers (people who do not exist but receive a salary – at least 1,680 ghost workers have now been removed). He said that the youth in the country should work instead of playing games, such as pool, during the day, while leaving adults to work on the land.

• appointed Mr Hamza Johari as the new Director General of the Tanzanian Civil Aviation Authority (TCAA); the previous holder of the post had been suspended for massive financial and procurement irregularities;

• condemned the killing of a British conservationist after his helicopter was shot down while he was chasing suspected poachers in the Maswa Game Reserve;

• at the opening of a new Police Station at Tengeru near Arusha it was announced that no more firearm licences would be issued until all existing licences had been checked;

• the Minister of State in the President’s directed ministries to open registers in which public officials will declare all gifts of a value exceeding TSh 50,000 ($23) they receive; the Commissioner of the Ethics Secretariat commented that, although the law was specific on the matter, he had not come across any gift declaration by any civil servant!

Dr. Magufuli and his family are said to live modestly. His wife is a primary school teacher and the children go to state schools. It is understood that the President travelled abroad only 5 times during the 20 years he was in the Cabinet.

ZANZIBAR ELECTION RE-RUN

by David Brewin

The elections on the mainland of Tanzania in October 2015 went well and the results seem to have been accepted by the people as having been free and fair. A detailed account of what happened and the subsequent inauguration of the new government of Tanzania were fully explained in Tanzanian Affairs No. 113.

In Zanzibar, however, elections are traditionally highly contentious and this one was no exception.

As counting of the votes was still going on, Chairman of the Zanzibar Electoral Commission (ZEC) Jecha Salim Jecha, stopped the counting and declared that the election was annulled because there had been ‘rigging’. He said that there had been irregularities on the northern island of Pemba – a stronghold of the main opposition Civic United Front (CUF) party – which had won all the seats there in the 2010 election. In some constituencies the number of voters had been greater than the number of people on the register, Jecha said, adding that there had also been fighting between members of the ZEC Council which rendered the results invalid.

The CUF opposition party declared that it had won the election by a small majority and therefore that its leader, the then First Vice-President of Zanzibar Seif Sharriff Hamad, was the new President of Zanzibar. The making of such an announcement goes against the Zanzibar Constitution which states that the results can be published only by the ZEC.

Hamad (who was also the First Vice-President of Zanzibar under the unity government), had made three previous attempts to obtain power in elections in Zanzibar, the fairness of which had been questioned at the time by several observers.

The ZEC, which includes personnel from CUF and from the ruling Chama cha Mapinduzi (CCM) party, then announced that there would be a second election, which was held on March 20th, 2016.

Formal issue of results from the re-run election

Formal issue of results from the re-run election

Translation of image above: “Mgombea” means candidate; “Chama” means party; “Idadi” – number of votes cast; “Asilimia” – percentage of votes. “Kura zilizo harabika” – spoilt votes

CUF and several very small opposition parties declared that they would not take part in this second election because it was illegal and unconstitutional. Three other small parties however took part in the election.

Before and during the second election Hamad was said to have been travelling in Saudi Arabia, Oman and Dar es Salaam for medical treatment.

Needless to say, the turnout in this second election was very different from that of the first, because of the CUF boycott. Its actual vote plummeted, and the CCM Presidential Candidate, Dr Ali Mohamed Shein, was re-elected with a huge majority.

The balance of power
For the last three years in Zanzibar, the opposition CUF party shared power, apparently amicably, with the CCM party in a Government of National Unity.

After the 2015 election in Zanzibar, CUF proposed an international mediator to help resolve the deadlock which had arisen in the Isles, but this was not accepted by the CCM. CUF then declared that it would not take part in the second election and later threatened to launch a ‘civil disobedience campaign’ against the government.

As this second election had approached, army and police forces were strengthened by the arrival in Zanzibar of reinforcements from the mainland which ensured that the election passed peacefully.

At the end of the second Zanzibar elections, the position of the CUF Party has been greatly weakened in the Zanzibar House of Assembly.

Paradoxically, however, it has strengthened its position in the National Assembly in Dar es Salaam by winning 42 seats – more than ever before. (Elections to National Assembly seats were not subject to the ZEC annulment, and so were not re-run in March).

The main opposition CHADEMA party on the mainland has also been strengthened by gains it made in new areas where it had not been present before [TA No. 113].

However, CCM now occupies 188 of the 256 contested seats in the National Assembly plus a large group of seats reserved for women, so that the CCM majority has risen to 252 seats out of the total of 364. The combined opposition parties are therefore still a long way from achieving real power in the two branches of parliament.

Furthermore, it is the President who exercises most of the power overall.

The new Zanzibar Government

Dr Shein and the new cabinet

Dr Shein and the new cabinet

Dr Shein announced the names of his new 15-member cabinet on April 9, two and a half weeks after being sworn-in as President of Zanzibar. He instructed them to work hard to respond to the expectations of the electorate or risk losing their jobs. He emphasized the importance of ‘good performance, transparency, accountability, and honesty.’ and went on to say: “We are committed to bringing changes in the islands – increasing revenue collection, minimising expenditure, increasing transparency and fighting corruption and laziness.”

The cabinet, constitutionally known as the ‘Revolutionary Council’ (RC) includes MPs from three small parties not previously involved in government including Mr Hama Rashid, the leader of the Alliance for Democratic Change (ADC), who becomes Minister for Agriculture, Natural Resources, Livestock, and Fishing. Juma Ali Khatib from the ADA-TADEA party and Said Soud Said from the Alliance for Farmers Party (AFP) have been appointed members of the Revolutionary Council or cabinet ministers without portfolio. Mr Khatib and Mr Said are new faces in the cabinet while Mr Rashid is a veteran politician who served as minister during the First Phase Union Government under Mwalimu Julius Nyerere. He was later expelled from the CCM and joined CUF until 2015 when he was expelled and joined the ADC.

Other appointees include Issa Haji Ussi (Minister of State – State House and Revolutionary Council) who had been Deputy Minister for Infrastructure and Communication; veteran Cabinet member Haroun Ali Suleiman has this time been picked as Minister of State responsible for the Constitution, Legal Affairs, the Civil Service, and Good Governance); Haji Omar Kheir, who retains his position as Minister of State (Regional Administration, Local Government and SMZ Units) and, Mohamed Aboud Mohamed who becomes Minister of State in the Second Vice-President’s Office.

Both Mr Haji and Mr Aboud have retained their positions while the former Principal Secretary (PS) in the Second Vice-President’s Office, Dr Khalid Salum Mohamed, becomes the new Minister for Finance and Development Planning.

Also in the list are Mahmoud Thabit Kombo, former Deputy Minister for Health, who has been promoted to full minister in the same ministry, and Ms Riziki Pembe Juma who takes over as Minister for Education and Vocational Training. Ms Amina Salum Ali, former Finance Minister under Dr Salmin Amour’s government in 1996 and recently retired African Union Ambassador to the United Nations, has been appointed Minister for Trade, Industries, and Marketing. Ambassador Ali Abeid Karume, son of the first Isles President of Zanzibar; Sheikh Abeid Amani Karume, becomes the new Minister for Infrastructure, Communications
and Transport.

Other appointees are Mr Rashid Ali Juma, formerly Director of the Zanzibar Municipal Council as Minister for Information, Tourism, Culture, and Sports; and Ms Maudline Castico, CCM cadre and publicist, who becomes Minister for Labour, Economic Empowerment, the Elderly plus Youth, Women, and Children, and Ms Salama Aboud Talib, who takes over as Minister for Land, Water, Energy, and Environment.

There are five Deputy Ministers who are all new faces.

Dr Shein told reporters that he had not violated the constitution by appointing three members from the Opposition to his cabinet. His new government, he said, should not be mistaken for a Government of National Unity (GNU). “It has not been possible for me to form a GNU because all the parties which took part in the re-run elections, failed to qualify.”

NEW BRITISH HIGH COMMISSIONER

by Ben Taylor

Sarah Cooke

Sarah Cooke

Sarah Cooke, pictured, has been appointed British High Commissioner to the United Republic of Tanzania in succession to Dianna Melrose, who will be leaving the Diplomatic Service. Sarah will take up her appointment in July 2016.

This was announced by the Foreign and Commonwealth Office in early February, and was followed by rumours that the current High Commissioner had been recalled at the request of the Tanzanian government. The FCO later issued a second statement, denying that this was the case.

“Contrary to some media reports, the British High Commissioner, Dianna Melrose, will not be ending her mission in Tanzania until the end of July 2016, at the normal conclusion of her posting,” read the statement.

Sarah Cooke has worked for the Department for International Development for the past 11 years, since 2012 as Country Representative for DfID in Bangladesh. This will be her first posting in the Diplomatic Service.

Relations between the diplomatic community and the Tanzanian government have been tense since the disputed Zanzibar elections, and perceived interference of diplomats in domestic matters. See Foreign Relations section for further details.