by David Brewin

Only three weeks after being sworn in the new President Magufuli made clear that when he preached “work and nothing else” in his campaign he meant it. The ‘business as usual’ syndrome would not be tolerated.

The new broom
The new President lost no time in exercising his authority and eliminated several elements of public expenditure by reducing the number of ministers in his cabinet from 60 to about 35.
The most dramatic measures were his attacks on persons alleged to be guilty of corruption.

Following two visits to the Tanzanian Ports Authority (TPA), its Director General and Board Chairman were sacked on the spot as was the Permanent Secretary for the Transport Ministry. The new Prime Minister (see later) said that the President had acted due to failure by certain officials to address deep-rooted administrative flaws within the TPA. In addition, four senior TPA officers and eight middle-level managers plus others were sent home.

This action on the TPA followed on the discovery earlier that some 3,000 cargo containers had not been cleared from the port before payment of taxes estimated at TSh 80 billion.

The Commissioner General of the Tanzania Revenue Authority (TRA) was also sacked together with seven TRA officials including the Commissioner for Customs and Excise Duty who was sent for trial. The President gave a seven-day grace period to businessmen who had evaded tax to go and voluntarily pay or face arrest. Records indicated that TSh 6 billion of the lost revenues was quickly collected.

In a visit to the Tanzanian Railways head office, the President said that he had learnt that TSh 13 billion had been misused and an investigation had been started.

As we go to press it has been announced that the President has sacked the Director of the Prevention of Corruption Bureau.

The new President also ordered the cancellation of the 2015 Independence Day celebrations in order to reduce unnecessary public expenditure. He intended to use the funds for a major clean-up campaign aimed at stemming the spread of cholera in the country. He was seen on the streets of Dar es Salaam wielding brushes, as were many senior party figures.

The government also banned the use of taxpayers’ money in printing and distributing festive Christmas and new year cards. People wanting cards should “dig into their own pockets” he said.

All this came on top of the President’s announced suspension of foreign travel for government officials, allowances for seminars and management meetings as well as lavish official cocktail and dinner parties. He also ordered that meetings and conferences in hotels for public servants should be cancelled and two way videos and audio conferencing should be adopted instead.

The new Prime Minister

The media in Dar es Salaam could not prevent themselves from speculating as to who would be the next Prime Minister of Tanzania. The President’s eventual choice – Majaliwa Kassim Majaliwa – surprised many people including the man himself.

The media eventually found out more about Mr Majaliwa.
He had been apparently a late-comer to national politics and only joined the government in 1984 as a head teacher and then later as DC Urambo from 2006 to 2010. He was Deputy Minister of State in the Prime Minister’s Office for Regional Administration and Local Government from 2010 to 2015.

It then became known that he and the PM were contemporaries or age-mates. President Magufuli was born on 29 October 1959 and the new Prime Minister on 22 December 1960. The media suggested that it was Majaliwa’s strong work ethic and his aversion to working with indolent people that made him a good choice. The observers noted that Dr Magufuli intended to make many hard decisions and would need a tough man of high integrity as his PM. Other observer noticed that Majaliwa is the MP for Rungwe which is on the opposite side of the country from the President’s own constituency in Mwanza.

The new drastically reduced cabinet
The President took a long time in deciding who to appoint to his new cabinet. It was almost mid-December before they were published and appointments to four other key posts were expected later. As part of his economy drive he then cancelled the induction seminar which is normally provided for new ministers.

The new cabinet is very much smaller than the previous one. It has 34 ministers and deputies, compared with 60 in the previous cabinet. Six of the 34 were nominated as MPs by President Magufuli, who is allowed by the constitution to nominate up to 10 individuals to parliament.

The Cabinet List:
George Simbachawene and Angella Kairuki, Minister, President’s Office Regional Administration Local Governments, Public Services and Good Governance. Deputy Minister Suleiman Jaffo.

January Makamba, Minister, Vice President’s Office – Union and Environment. Deputy Luhaga Mpina.

Jenista Mhagama, Minister, Prime Minister’s Office – Policy, Parliament, Labour, Youth and Employment and PWD’s. Her Deputies: Dr Possy Abdallah and Anthony Mavunde.

Mwigulu Nchemba, Minister for Agriculture, Livestock and Fisheries. Deputy William Ole Nasha.

Prof Sospeter Muhongo, Minister for Energy and Minerals. Deputy Medalled Karemaligo.

Dr Harrison Mwakyembe, Minister for Constitution and Justice.

Dr Augustino Mahiga, Minister for Foreign Affairs, East Africa, Regional and International Cooperation. Deputy Dr Susan Kolimba.

Dr Hussein Mwinyi, Minister for Defence and National Service.

Charles Kitwanga, Minister for Home Affairs. Deputy Hamad Yusuf Masauni.

William Lukuvi, Minister for Lands, Human Settlement and Development. Deputy Angelina Mabula.

Charles Mwijage, Minister for Industry, Trade and Investments.

Ummy Mwalimu, Minister for Health, Community Development, Gender, Elders and Children. Deputy Dr Hamis Kigwangala.

Nape Nnauye, Minister for Information, Culture, Arts and Sports. Deputy Anastasia Wambura.

Eng. Gerson Lwenge, Minister for Water and Irrigation. Deputy Eng Isack Kamwela.

Prof Jumanne Maghembe, Minister for Tourism and Natural Resources. Deputy Eng Ramol Makani.

Dr Joyce Ndalichako, Minister of Education, Science, Technology and Vocational Training. Deputy Eng Stella Manyanya.

Prof Makame Mbarawa, Ministry for Works, Transport and Communication. Deputy Eng Edwin Ambandusi Ngonyani.

Dr Philip Mpango, Ministry of Finance and Planning. Deputy Ashantu Kizachi.

The future
The people of Tanzania are obviously very happy with Dr Magufuli’s initial drive against corruption and waste of public money. They also say that they like his new ‘hard work’ ethic. Whether he will be able to maintain this popularity over time, and indeed how well he will be able to stand firm against the inevitable reaction that his actions will elicit from powerful vested interests, remains to be seen.
(Thank you Frederick Longino for help with parts of the above article – Editor)

by Enos Bukuku

New Katiba – Which way will Magufuli go?
The latest stage to be reached during the constitution making process was for a proposed draft of the proposed constitution to be presented to the people by way of a referendum. This was put on hold whilst the nation was preparing for the elections.

It is not yet clear how high this issue ranks on President Magufuli’s list of priorities as he continues to shake up the administration. During his inauguration speech he indicated that a middle ground would need to be found to continue the process of making a new constitution. He also acknowledged that the previous draft constitution created by the Constitutional Review Committee (CRC) should also be respected. The CRC, led by retired Judge Warioba, previously had many of its recommendations rejected after the current “proposed constitution” was written by the Constitutional Assembly (CA). The rejection of the CRC’s recommendations was the catalyst of the formation of UKAWA and the breakdown of relationships amongst the members of the CA.

If the President is serious about the success of a new constitution, then he has an opportunity and a mandate to decide against the proposed constitution. He could easily opt not to put it to a referendum, on the grounds that it is too divisive.

As he enjoys national and international praise for his early stance on corruption and maladministration, it would make some sense for the President to use this opportunity and goodwill to push for a new constitution which will enable him to better implement his plans and show how sincere he is.

For example, there has always been a criticism of the government that it has too much power, and that there should be more separation of power between the government and the national assembly. This would make holders of governmental office more accountable for their actions and is one more weapon in the fight against corruption. He has already reduced the size of his cabinet. Streamlining and reducing the size of the government and national assembly could be a massive costs saving for the country whilst allowing them to work more efficiently.

It would seem that the options open to President Magufuli are threefold:

First, he could continue where President Kikwete had left off. This would involve educating the public about the content of the proposed constitution and arranging a referendum. It would probably result in the president losing much of the goodwill he has built up since the election.

Second, a safer option would involve changes to the proposed constitution to remove some of the more controversial sections, making it more similar to the CRC’s original draft – an UKAWA-friendly “middle ground”.

A third, and unlikely option, would be to abandon the process altogether.
Whichever option the new administration chooses, action will need to be taken, as the Constitutional Review Act 2011 and Referendum, Act 2013 impose duties on those involved in the process to comply with various steps and deadlines.

by David Brewin

As the elections approached, during the last two weeks of July and the first two weeks of August 2015, Tanzanians witnessed some very dra­matic changes on the political scene. Some sections of the media were even calling the events “Tanzania’s Tsunami!”

What happened? A summary

1. In July as all the political parties were having difficulty in choosing their candidates for the presidency, the ruling Chama cha Mapinduzi (CCM) party decided to steal a march on the others by bringing forward their own selection process and forcing the other parties to do the same.

2. It seemed as though almost everyone who is anyone wanted to become president. A total of no less than 42 CCM leaders, an unprecedented number, registered their desire to stand. They included former prime ministers and ministers and many other prominent CCM officials.

3. Meanwhile, members of the CCM hierarchy were gathering in Dodoma to begin the lengthy and highly competitive selection process.

4. The person who appeared to have the best chance of winning for the CCM was former Prime Minister Edward Lowassa MP, who was popular in the party and had been campaigning hard. However, amidst strong protests from his many supporters, he was rejected as a candi­date by the CCM Party’s Ethics and Security Committee during the selection process. Protests from his supporters began immediately.

5. The CCM then chose as its new leader and presidential candidate Dr John Magufuli. He was described as “relatively unknown,” although he was, at the time, Minister of Works in the CCM government.

6. The CHADEMA party saw the chance of having a really well known candidate as its leader and, to astonishment all round, Lowassa sud­denly resigned from the CCM and accepted CHADEMA’s invitation to become its new leader and hence its presidential candidate. All this hap­pened very quickly. Lowassa had been a forceful critic of CHADEMA (and vice-versa) for many years and now he found himself as the party’s leader! This confirmed that Tanzanians, like many other voters around the world, often choose their governments on the basis of personality rather than policy.

7. In the previous elections, in 2010, CHADEMA’s presidential candi­date had been the party’s Secretary General, Dr. Willbrod Slaa. He got a surprisingly good result with 2.2 million votes (23.64%) while the winner, President Jakaya Kikwete, got 5.2 million votes (61.7%). Thinking that there was plenty of time Slaa arranged to visit Britain in July this year, presumably to mobilise the Tanzanian diaspora to his side but he had to cancel the visit and hurry back to Dar Salaam to look after his political interests there. Then arrived the news about Lowassa which must have shocked him. He disappeared from the public eye for a few days before emerging to say that he had resigned from CHADEMA and, apparently also from politics altogether!

8. Similarly, Lowassa’s move to CHADEMA has affected other par­ties in the opposition UKAWA coalition. Professor Ibrahim Lipumba, national chairman of CUF and the party’s previous presidential candi­date, has also decided that he was not comfortable sharing a platform with Lowassa. Like Dr Slaa, he has resigned both from his leadership position and apparently from active politics.

The CCM selection process

The first step in the election/selection process in the CCM (the other parties have similar processes) was to reduce the field from the 38 can­didates who returned their nomination papers, down to only five.
This is the function of the party’s Central Committee (CC). The first job was to eliminate persons with criminal records or corrupt behaviour and the CC was also expected to look into whether the candidate’s heart was aligned with that of the party. Other considerations were the education and professional conduct of the candidates.

The five they chose were Minister for Foreign Affairs and International Cooperation, Bernard Membe; Deputy Minister for Science and Technology, January Makamba; Minister for Works, John Magufuli; Minister for Justice and Constitutional Affairs (and former UN Deputy Secretary General) Dr Asha Rose-Migiro; and the little-known African Union Ambassador to the UN, Amina Salum Ali.

The National Executive Committee then cut the list down to three – leaving out Bernard Membe and January Makamba.

Prior to the shortlisting, the Ethics and Security Committee of the party, which comprises a small number of party officials and other senior CCM personnel, along with “the elders” – the party’s former lead­ers – met behind closed doors and rejected the candidacy of Edward Lowassa. This caused a storm of objections from his supporters. Outside the hall a group of youths started chanting “We need our Lowassa,” and “Bring back Lowassa,… we trust him and if it wasn’t for him Kikwete would not be the President today.”

In the final stage, Dr John Magufuli obtained 2104 (87%) of the votes and beat his two challengers Ambassador Amina Suluhu Ali who got 253 votes and Dr Asha Rose-Migiro who got 59.

Biographies of the candidates

CCM Presidential candidate: Dr John Pombe Magufuli (55)

Dr Magufuli hails from the Geita gold-mining region south of Lake Victoria. He is a chemist with a Masters degree from Salford University UK and a PhD from Dar es Salaam University. He has gained a repu­tation as a competent technocrat with a good head for statistics. He worked as both a teacher and an industrial chemist before becoming an MP in 1995 when he was immediately appointed Deputy Minister of Works. He has held a variety of portfolios since that time and has quietly built a reputation for completing projects successfully and for not tolerating under-performing officials.

After Magufuli’s victory, according to the account in Africa Confidential, delegates decked in the CCM colours of green and yellow erupted into thunderous applause at the Jamhuri Stadium in Dodoma when he made a light-hearted remark: “To all irresponsible leaders, thieves and corrupt officials please be informed that I will deal with you in a very polite way”.

The choice of Magufuli came as a surprise to most people. However, according to the media, former President Benjamin Mkapa had quietly pushed for his candidacy having recruited him as Deputy Minister of Works when he became president in 1995.

As Africa Confidential said in its July 24 issue, CCM is counting on the fact that Magufuli’s name is less associated with corruption or rumours of it than many of his original rivals for nomination, including Lowassa.

After his election there were many comments. The National Chairman of the small United Democratic Party (UDP) Mr John Cheyo, described him as a hardworking person with a good track record. His work in several ministries had made him widely acceptable while his no-non­sense stance would restore hope among many. However, Singida East MP Tundu Lissu (CHADEMA) had nothing positive to say about him. “Whoever comes out of muddy water is also dirty,” he asserted.

President Kikwete said “I am proud of our candidate. He is a very hardworking man and I am certain that he will be the best possible president. He is a no-nonsense man. We hope he will help the country to conquer poverty, fight graft and indiscipline.”

Magufuli himself said “I am profoundly overwhelmed by the results but I promise to give the CCM a resounding victory in October. I also promise to serve all Tanzanians to the best of my ability in line with the law of the land and the spirit of good governance”.

CCM Vice Presidential Candidate: Ms Samia Suluhu Hassan (55)

As his running mate Dr Magufuli named Ms Samia Suluhu Hassan for the Vice Presidential position. She comes from Zanzibar, in line with the country’s constitution that stipulates that if the President comes from the mainland the Vice President must be from Zanzibar.

Ms Hassan is the MP for Manyovu and has worked her way up from the ranks of a government typing pool, after taking a Masters degree in the United States, to her present elevated position.

She had been picked, said Magufuli, because she was a Zanzibari who understood the challenges facing the Union, having worked closely with the team addressing Union issues for almost a decade. Explaining further his choice of Ms Hassan, Dr Magufuli said that it was because of the trust he has in women’s abilities and commitment. He revealed that his political mentor, when he was appointed Deputy Minister for Works ten years earlier, was a woman – Ms Anna Abdullah – who had helped him greatly.

The CHADEMA presidential candidate: Edward Lowassa (61)

Mr Lowassa took his BA degree at the University of Dar es Salaam in 1977. In 1978 he was drafted into the army and fought in the Kagera War between Tanzania and Uganda. He later took an MSc in Development Studies from the University of Bath. His first major job was as a Minister of State in the Vice President’s office.

His career thereafter can be summed up as “up, down and up again”. He continued as a hardworking minister but in 2005 he decided not to seek the CCM presidential nomination but became instead a key campaigner for his long term friend Jakaya Kikwete in his bid for the presidency. He helped Kikwete to win and in return President Kikwete made him Prime Minister. He was up again.

Then, in 2008, he was down because he was alleged to have been involved in the Richmond energy scandal and decided to resign from the prime ministership even though he vigorously rejected the sugges­tion that he might have benefitted personally. Lowassa insisted that he was not guilty of corruption and was merely doing what he had to do as Prime Minister and arrange for an appropriate series of enquiries into the scandal.
In the 2010 elections he won his seat in parliament for Monduli with a huge majority and was up again. As the 2015 election approached, he had become the favourite to win the CCM nomination.

After his selection as CHADEMA candidate and leader of the main opposition party, he claimed to have been rapidly endorsed by 1.6 million CHADEMA members from 32 regions. The party’s Deputy Secretary General (Zanzibar) Salum Mwalimu said the signatories were just the “initial capital” that would assure Mr Lowassa of massive sup­port during the October 25 poll.

The emergence of UKAWA

In a move towards consolidation of the opposition parties and arising from the unresolved differences between the government and the oppo­sition on the proposed new constitution (the referendum scheduled for mid-2015 has been postponed indefinitely) a new party grouping has emerged. UKAWA is the acronym for Umoja wa Katiba ya Wananchi or the “Movement for People’s Constitution.” It is not a legal entity but has proved remarkably successful in holding together the different parties which have wisely come together to oppose the CCM. The group com­prises CHADEMA and CUF plus two smaller parties, NCCR Mageuzi and the National League for Democracy.

These parties have agreed to field a single Presidential candidate – Edward Lowassa – and a single candidate for the parliamentary seat in each constituency, with the constituencies divided up in an agreement between the leaders of each party.

ACT-Wazalendo – Zitto Kabwe (39) and Anna Mghwira (56)

While all this was going on the ambitious and fiery Zitto Kabwe MP, who is admired by many for the energy and determination he has put into his fight against corruption, tried to decide what to do.
He had joined CHADEMA at 16 while studying for a degree in econom­ics in Dar and then in 2010 took a Masters degree in law and finance from a German university.

He became MP for Kigoma North in 2005 and rose rapidly. He became Chairman of the influential Public Accounts Committee of the National Assembly and also brought together MPs from different parties to review the mining industry. They devised a new law which became the Mining Act 2010 which made major changes in policy. The East African described him as the “One man Backbench.” Although he was appointed as No 2 in his party he chafed against the CHADEMA leader­ship and eventually resigned from the party.

He then found a new home in a new party – the Alliance for Change and Transparency (ACT-Wazalendo) and became its leader, He started to develop the party so that it could take a major role in the October elections and talked about having over 200 candidates.

He clearly intends to stand for the presidency himself in future, but is barred in 2015 as he is just below the minimum age of 40.

Instead, ACT-Wazalendo has nominated their party chair, Anna Mghwira (56), as their presidential candidate. She becomes the only female presidential candidate on this year’s ballot paper.

Party policies
The subject of party or individual policies was hardly discussed at all during the fight for the CCM presidential candidacy. People asking questions were usually told to wait for the party manifestos which would explain all.

Who will win? Lessons from the local elections
One guide as to what might happen in the November elections is the result of the nationwide local elections which were held in December 2014. The results favoured the CCM as they have done in every election since independence. CCM won comfortably in seat after seat in rural areas but did less well in some urban areas where CHADEMA made advances.

There were many irregularities, mainly connected with a failure to deliver election documents in time, late opening of voting centres, late delivery of ballot papers and some mixing up of names.

The government admitted that these local elections had been flawed in at least 13 regions and put the blame on officials in district councils.

The Ministry of Local Government, which was responsible for the administration of the elections, said that it was the responsibility of the regions to submit reports explaining what had happened in their areas. As a result of cases of mismanagement of the local elections, six district executive directors were sacked and 11 others were subjected to various disciplinary measures.

The government plans to make the National Electoral Commission manage local elections in the future.

Some local election results
Amongst the published local election results were the hotly contested Arusha Region where CHADEMA got 75 neighbourhoods and CCM 73. In Mtwara CCM won in 58 seats and the opposition won 53. In Shinyanga Municipality the opposition won 29 seats and CCM 26 but, in the rest of Shinyanga Region CCM won 65 seats and the opposition parties won 18. In Mwanza Region CCM won in 96 seats, CHADEMA got 70 and CUF took 7.

As an indication of the way in which voters in coastal areas voted, the favoured opposition party was often CUF and not CHADEMA. In Tanga Region for example CCM won 118 seats, CUF 60 and CHADEMA only 2.

In Dodoma Region, always a CCM stronghold, it won with over 90% of the seats. In Bukoba Region, in Muleba District, out of 164 villages CCM got 89 and CHADEMA 70. In Bukoba Municipality out of 66 seats, CCM won 35, CHADEMA 29 and CUF won 2. Before the elections CCM had been holding 55 seats.

If the results from the local elections are followed by similar trends in the national elections in October, CCM seems likely to retain power. However, the voting population now includes larger numbers than before of young people, most of whom tend to support opposition par­ties.

Zanzibar
In Zanzibar things are different, as they have always been. This time there could be again a fierce battle between CCM and CUF and, if there are signs that CCM may not win, the CCM party could take drastic measures.

The opposition CUF party, the leader of the party in Zanzibar, Seif Shariff Hamad, and its (former) national (Tanzanian) leader, Professor Lipumba, have tried several times before to win but each time have been beaten by CCM often with very small majorities.

Virtually all the elections in Zanzibar since independence have been troublesome. Some of the more observant international observers have alleged breaches of the rules including both a rigging of the voter registration process and the involvement of non-Zanzibaris in voting in certain key seats.

Zanzibar has a history of electoral violence and some people died during the 1995 and 2005 elections. The formation of a government of national unity with ministers from CCM and CUF working together for the last three years has brought some stability and less tension to the Isles.
The candidates in Zanzibar

CCM has chosen the existing President, Dr Ali Mohammed Shein, as its candidate for the presidency of Zanzibar and CUF has again chosen its Secretary General Seif Sharif Hamad.

For the first time, Hamad, has called openly for the Isles to secede from the Tanzanian Union. “We are only getting 4.5% of the total budget instead of 11.5%. That is why we are saying the Union is not helping us. We could sit down however and agree areas where we could coop­erate.”

Registration of Voters
The introduction of new Biometric technology ahead of the October 25 elections appears, despite many delays and numerous other problems during the process, to have been rolled out very successfully. The National Electoral Commission said that just over 24 million Tanzanians aged 18 and over had registered, which was a remarkable achievement. The figure was only about 300,000 short of the total number of eligible voters as estimated by the National Bureau of Statistics.

Who will win?
The fight between the main candidates for the presidency of Tanzania seems likely to be a titanic struggle.
On the one hand there is John Magufuli, backed by the massive CCM Party “steamroller” with its representatives in almost every street and lane in the country and which has won every national election in the United Republic since independence.

On the opposition side there is Edward Lowassa, meaning that the opposition will be represented by a leader of greater national promi­nence than ever before, and considerable popularity. Lowassa officially represents CHADEMA, but the other parties in the UKAWA coalition are backing him and will not put forward presidential candidates. As such, the opposition vote is likely to be united as never before. If this group remains intact until the election it could do much better than many expect.

The effect of the presence of a new very small party, ACT-Wazalendo which has huge support amongst young voters remains to be seen

At the time this edition of TA went to press there was no clear indica­tion about how many MPs and other CCM leaders would follow Mr Lowassa in defecting to CHADEMA. It is likely that some regional level CCM officials will switch sides, and possibly some CCM members who lose out in the race for the party’s nomination as parliamentary candidates. But it also appears than none of Lowassa’s more prominent supporters in the 2010-2015 parliament and cabinet have followed him, though there is still time for this to change – just another complicating factor in trying to determine who will win.

STOP PRESS
As this edition of TA went to press other sensational news arrived from Tanzania.

Lowassa’s stance on Tanzania’s constitution
In a major policy reversal, Lowassa and the UKAWA parties have announced that they will, if elected, radically change Tanzania’s pro­posed new constitution. President Kikwete and the CCM government have insisted that the present government of two parts (one government for the Union and another for Zanzibar) as laid down by Father of the Nation Julius Nyerere in the 1960’s, must be continued. The highly con­troversial alternative – one small government for Tanzania, a large one for the mainland and a small one for Zanzibar – as proposed by Judge Warioba when he presided over the preparation of the new constitution and now backed by Lowassa, could have a major effect on the election results. Many, especially in Zanzibar, strongly favour giving greater independence to the islands. Others contend that the change could prove very expensive and lead to the end of the Union between the mainland and Zanzibar.

Mbowe health scare
Mr Freeman Mbowe, Chairman of CHADEMA was rushed to hospital in mid-August suffering from fatigue and exhaustion. He responded well to treatment and was released two days later.
Policing the campaign

At a meeting of the Mwalimu Nyerere Foundation in Dar, fears were expressed that the police were working in favour of CCM and against the opposition. It was reported that they had used tear gas to clear the Arusha-Moshi Road when a crowd had blocked it demanding that Lowassa should be able address them. Police in Mwanza were also reported as having used tear gas to disperse CHADEMA members after Lowassa had arrived in the region to collect guarantors’ signatures.

Sumaye follows Lowassa to CHADEMA and UKAWA
A second former Prime Minister, Frederick Sumaye, has announced that he too is leaving CCM to join CHADEMA and UKAWA. Sumaye, who previously served as Prime Minister throughout the ten-year administration of President Mkapa from 1995 to 2005, was among the 38 contenders for the CCM presidential nomination.

“My decision to join Ukawa has nothing to do with the originality of Ukawa’s presidential candidate, Mr Lowassa or most of its top leaders. I want to use my administrative experience to speed up people’s devel­opment soon after the October elections,” he said.

by Enos Bukuku

New constitution low on the priority list
In the last issue I wrote about the delay in the government arranging for a national referendum on whether Tanzanian voters should adopt a new constitution which was presented to it when the Constitutional Assembly completed their task of finalising a draft constitution in October last year. The referendum was scheduled to take place in April this year but was postponed indefinitely.

One reason given for the April postponement was that the National Election Committee (NEC) were not satisfied that there was enough preparation and education given to the public about the proposed con­stitution, and also the fact that new Biometric Voter Registration (BVR) equipment had not been implemented. From the 22nd July voters were being registered through the new BVR system. This should mean one less obstacle to overcome.

However, with the general elections now close at hand, it does seem as though the referendum has been pushed further down the govern­ment’s list of priorities. There has been talk of the referendum taking place at the same time as the general elections but there has been no confirmation that this will be the case.

Prime Minister Mizengo Pinda and other Members of the Constituent Assembly recently implied that they might be able to sway President Kikwete into ensuring that the referendum take place before the elec­tions. There are many who are of the view that an agreement took place last September in which the parties agreed that the referendum would take place after the general elections.

It is not possible to say with any certainty when such referendum will take place, if indeed it does. There is no clarity on this issue and it does seem as if politicians are in no hurry to push this agenda through only months before the election. The danger is that whoever is voted as our next president, will be reluctant to force such a controversial process at such an early stage of a new presidency. As the silence continues and the closer we get to the general election, the chances of a new constitu­tion grow slimmer and slimmer.

We can but hope that over 3 years and a considerable amount of money spent on finalising a new constitution does not go to waste.

by Abdul Paliwala

The recent seminar arranged by BTS and the School of Oriental and African Studies (SOAS) on the proposed constitution for Tanzania included four very enlightening presentations. Unfortunately, we do not have space here for all four, but we are delighted to be able to include this one. Abdul Paliwala is Emeritus Professor of Law at the University of Warwick; He is also currently Visiting Professor of Law at Birkbeck (University of London).

The purpose of a Constitution is to serve and to promote the wellbeing of the people of a nation. In particular, it is intended to provide an element of peace and personal security for law-abiding citizens. It is intended to provide for citizens a solid foundation on the basis of which they can organise their lives knowing (or believing) that the things they most value will be safeguarded, and the things they most fear will not take place. In order to fulfil that function however, the constitution has to uphold, to strengthen and support the unity of the nation regardless of any internal distribution of power between groups or regions. It should be their conscious declaration of themselves as a unity. It should be their collective, “I am”, a deliberate assertion by the group that is united in a common citizenship and with duties and rights to and from each other in that capacity. Julius Nyerere

Mwalimu Nyerere was here emphasising the idea of universal acceptance and legitimacy, which is the hallmark of the most enduring constitutions.

Constitutional lawyers increasingly suggest that the Constitution is not a document but a process, and that constitutions have to be ‘built’ to last. This building involves the process of making a new constitution, the process of its enactment and the continual process of ensuring that the entire nation now and in the future continues to accept it as a collective ‘I am’. This paper therefore deals briefly with these three aspects of Constitutional Building.

It is not my intention to lay any blame on any side, but it is sad that the Tanzanian constitutional review process, which started so well, faces severe challenges today. The very nature of those challenges, with parties walking out, puts in jeopardy the notion of a ‘conscious declaration of unity, the collective I am’ that Mwalimu talked about.

The Constitutional Process
Tanzania established a Constitutional Review Committee composed of equal representation from Tanzania Mainland and Zanzibar and containing eminent persons including as chair the former Prime Minister Joseph Warioba. The Committee carried out a wide consultation at the end of which it produced the first draft constitution in June 2013. This was again the basis of further consultation at the end of which was produced the 2nd draft in September. This draft was substantially revised by the Constituent Assembly and approved by 2/3 majority votes of members from each part of the Union. However, this was partly because the opposition walked out! They felt that the Government side was dominating the proceedings.

The Constitutional Review Act requires a referendum to approve the Constitution with a simple majority vote in each part of the Union. At one stage it was announced that this would be postponed until after the general election. However in October 2014 the President announced that the referendum will now take place in April 2015.

The confusion, opposition walk-out, delays and limited time for proper information and deliberation on the referendum means that the Constitutional Review process has been problematic!

The Constitutional Drafts
The Second Aspect of Building a Constitution is the Document itself. How robust is it? It is therefore necessary to compare the drafts prepared by the Constitutional Review Commission (CRC) and the proposal approved by the Constituent Assembly (CA).

This section deals with four key aspects of the drafts and proposals. These include the Union, Presidential powers in relation to other insti­tutions of governance, accountability and fundamental objectives and human rights.

The Union
What is the authority of the Union Government over Zanzibar? The CRC proposed a 3 government structure including a government for Tanzania mainland, for Zanzibar and the Union Government. Each would have clear competence in relation to its assigned matters, so that Union laws could not override Zanzibar laws in areas of their competence. However, this proposal was rejected by the CA and its proposed constitution provides essentially for the retention of the existing two government structure. Zanzibar is responsible for certain areas and the Union Government responsible for Union and Tanzania mainland affairs.

The Union in 1964 was based on the Agreement between the two governments which was incorporated into the Acts of Union. This was essentially preserved in the 1977 Constitution and continues to form the basis of the Union and can be said to be the Fundamental Law of the Union. The CRC preserved this status under Article 1 (3); so does the CA. Yet at various points both drafts seem to refer to matters which under the Constitution come under Zanzibar authority. Does it mean that where there is a conflict the Acts of Union will prevail?

What are the areas of competence? The current Constitution provides for 22 matters as Union matters. The CRC reduced this to 7. The National Assembly Proposed Constitution provides for 14.

What are the limitations on competence of Zanzibar to decide its own affairs? There has been resentment in Zanzibar about a number of areas -including the budgetary, financial and taxation relationship. Another area has been the ability of Zanzibar to make agreements at interna­tional level, in particular, the controversy over whether Zanzibar could become a member of the Organisation of Islamic Countries.

The CRC provided for the establishment of a Commission for Coordination of Relations between the three Governments consisting of five members. This would be chaired by the Vice President and include the Presidents of Zanzibar and the Mainland governments as well as Resident Ministers from Zanzibar and the Mainland and the Union Foreign Minister. It provided that in all matters, the Commission should observe the principle of equality in the provision of services in Zanzibar and the Mainland and the principle of ‘proportionality’ in matters of allocation.

The CA also provides for a Coordination Commission with similar membership. In addition, Article 252 of the CA proposal provides for a Joint Finance Commission of the Union and Zanzibar Governments con­sisting of 4 members from the mainland and 3 from Zanzibar appointed by the President after consultation with the President of Zanzibar. The Finance Commission would work on principles of allocation of finances in the country. However, neither the Coordination Commission nor the Finance Commission are required to observe the principles of proportionality indicated in the CRC drafts, with the assumption that these will be worked out on a mutual basis.

The CRC was concerned to give stronger powers to the Coordination Commission and used the words ‘special responsibility for ensuring’, whereas the CA Proposal uses less mandatory language ‘a special role to facilitate’. More significantly, the CRC provided for appeal to the Supreme Court in case of conflict in relation to issues. This recourse to the Supreme Court is removed in the CA proposal. Therefore the CA is tending to provide a facilitative rather than decisive role for the co­ordination process.

Both the CRC and CA Drafts provide that Zanzibar can borrow internationally with the cooperation of the Union Government. In addition they provide that Zanzibar can enter into agreements with international agencies and organisations, again with the co-operation of the Union government. However the CA proposal provides that the National Assembly may enact legislation to control any such agreements thus potentially limiting the power.

In relation to the judiciary, the CRC proposed a hierarchy with the Apex Court being the Supreme Court of the Union, A Union Court of Appeal which could hear appeals from both parts of the Union, and separate High Courts for the Mainland and Zanzibar. In particular, the Zanzibar court would exercise jurisdiction in accordance with the Zanzibar Constitution. The Two Government solution of the CA has meant that while the Supreme Court and the Court of Appeal have been retained, there is a High Court of the United Republic which can deal with all matters including union and Tanzania Mainland matters which are not specifically assigned to another court, for example the High Court of Zanzibar. However, Article 199 (2) provides parallel jurisdiction to the High Court of Zanzibar in relation to any law made by the union Parliament which applies to both Zanzibar and the mainland.

In relation to Parliament, the CRC Draft Article 113 proposed a small union Parliament with a maximum of 75 members. This reflected the limited Union powers under the three government system. More specifically, it divided the numbers for the Union Parliament for Zanzibar and the Mainland with 20 members from Zanzibar and 50 from the Mainland. The CA Proposal has increased to a minimum of 340 and a maximum to 390 members. More specifically in relation to the Union, it does not specify any ratio between Zanzibar and the Mainland, presumably leaving it to the Electoral Commission, with the result that the principles of Zanzibar representation in Parliament are not clear. To some extent this is to cater for the fact that the Parliament, as now, will continue to be responsible for Mainland as well as Union affairs, but it also suggests that Parliamentarians who were dominant members of the CA did not wish for their status to be diminished and their jobs to end!

Presidential Powers in Relation to Other Institutions
The issue of the power of the president is recognised by constitutionalists as a key issue of democratic governance. The CRC drafts tried to limit presidential power in several ways. In particular, they provided that key Presidential appointments should be made upon advice by relevant bodies such as independent appointment committees and that they should be subject to confirmation by Parliament in a system similar to that in the United States and that appointments for example to the senior judiciary should be made by the President from names submitted to the President. Furthermore, the authority to make lesser public appointments was given to the Secretariat of the Public Service and to relevant other independent bodies such as the Judicial Services Commission or the Appointment Committee for the Electoral Commission. The CA proposal removes the need for confirmation by the National Assembly. The principle of independent nomination committees for specific appointments such as to higher judiciary and the chairs of the Electoral Commission and Human Rights Commission is retained; however, there is a requirement to submit three names for the judiciary, a number of names for the Electoral Commission and Public Ethics Commission but no such obligation in relation to the Public Service Commission.

The CA proposal also makes a significant change in relation to assent to legislation proposed by the National Assembly. The CRC Draft provided that the President may refuse to assent to a Bill. If the Bill is represented to the President in 6 months, then the President would have to approve it. Similar provisions are retained in the CA Proposal; however, if the President still does not approve of the Bill as represented, then the President may dissolve Parliament. The power to dissolve becomes a threat to the careers of the Parliamentarians, who would be fearful of losing their seats!

Accountability
Both drafts provide for accountability of public leaders in relation to their property and assets, foreign bank accounts and participation in business. However, while the CRC was clearly concerned about the accountability of Public Leaders and their Drafts categorically proposed a strong leadership code in the Constitution with an obligation to declare property and debts, the CA Proposal only provides a general framework for an ethics code, leaving the actual system to Parliament to decide upon. Thus, in relation to foreign bank accounts, while the CRC Draft provided prohibition of foreign bank accounts except as provided by law, the CA Proposal does not prohibit but provides that Parliament will enact legislation for the regulation of conduct of public leaders. There is a similar difference between the CRC and CA Drafts in relation to participation in business. While the CA Proposal provides for greater flexibility, there is an obvious concern that the party in power may use its majority to provide for weak proposals.

Fundamental Objectives and Human Rights
The CRC Draft was remarkable for its substantive and interesting scheme of Fundamental Objectives, Directive Principles and National Policies as well as human rights to be protected by a Human Rights Commission and recourse to courts. Chapter Two on Fundamental Objectives, Directive Principles and National Policies is mainly concerned with duties of state institutions. The basic principle is that the Constitution and state institutions and every citizen should protect democracy, good governance, human rights and social and economic development including prevention of exploitation and the relief of poverty. Article 11 (2) provided an obligation on the government to report to Parliament once a year in relation to the fulfilment of these obligations. The issue as to whether any of these duties were justiciable in a court of law was left open, with the assumption being that courts like all institutions would give particular attention to these principles in their interpretation of law.

The Constitutional Assembly Draft also provides in Chapter 2 for Fundamental Objectives, Directive Principles and National Policies which emphasise democracy and good governance. While many of the provisions are similar, there is a greater emphasis on principles of economic development and no mention of prevention of exploitation or relief of poverty. More significantly, there is no obligation to report to Parliament and Article 20 (2) specifically states that the chapter provi­sions are not enforceable in any court.

Unlike the Fundamental Objectives and National Policy, both the CRC and the CA provide for an extensive set of human rights which can be enforced in the courts of law. The emphasis is on civil and political rights such as freedom and equality, life, non-discrimination, non-enslavement, personal freedom, privacy, movement, expression, information and mass media, religion, association, participation in public affairs, work, of employees and employers, to own property, citizen­ship, of accused and prisoners, to clean and safe environment and to education and learning. Specific categories of people such as children, youths, the disabled, women, the elderly and minority groups such as hunter-gatherers have specific rights.

Of particular significance was the equal right of women to own land and of equal membership of parliament with a proposal that each constituency would have one male and one female member, although no provision was made in relation to other state offices.

Another remarkable proposal was that enforcement of rights can be on behalf of a group rather than on an individual basis. However, there was no specific provision for public interest litigation. That is, an ordinary citizen who was interested in protecting the constitutional principles, but who did not have a claim for abuse of his or his group’s own rights could not bring an action. In India, South Africa and more recently Kenya, the principle of Public Interest Litigation has become an important method of protecting constitutional rights on behalf of citizens.

The CRC rights were also subject to duties of citizens and state institutions including the duty to protect the constitution, national values, culture, traditions, environment and human rights and to work. Significantly, in the interpretation of human rights the courts have also to take into account these duties and the interest of society in general. These rights can be restricted by legislation provided it observed the principles of democracy, transparency, dignity, equality and freedom and indicated clear reasons for doing so.

The CA Proposals have in the main retained these specific set of rights, but made significant changes in the provision. Most significantly, while the principle of equal number of male and female members of Parliament is retained, it is left to Parliament to determine the specific form this should take. A significant new provision in the CA Proposal is in relation to land. Specifically it provides that only citizens have right to own land. However, while this appears to be a dramatic provision, its significance is reduced by a provision that non-citizens can invest in land owned either by the State or other Tanzanians. In principle, this would not make significant change to existing practice under which most investment by foreigners has been on the basis of leases, either from the State or from private owners.

While the human rights provisions are significant, the key issue is whether they will make a substantive difference to the lives of ordinary Tanzanians. In this regard it may be that an opportunity was missed by both the CRC and the CA to provide significant social economic rights as in the South African constitution, which provides for example for rights to land, water and health. Secondly, as indicated above, while rights are justiciable and innovatively may be claimed on behalf of groups, the opportunity has been missed to introduce Public Interest Litigation.

Finally, while the CA Proposal appears to provide for a strong set of Fundamental Objectives, most of these are merely urging the state to make provision, and the actual obligation appears to be weak. Furthermore, the system of rights is balanced by a system of responsibilities of citizens. On the surface this sounds appropriate, but a key problem of balance between rights and responsibilities is that respon­sibilities provide instruments to the judiciary to weaken the actual implementation of the system of rights if responsibilities are interpreted as the interest of the state. Thus it requires a rights conscious judiciary, rather than a judiciary which is habituated into upholding state interest.

Implementation and Education of Citizens
The notion that the constitutional process and the contents of the Constitution are only two parts of the exercise of ‘building’ constitutions means that the ultimate fulfilment of the Constitution’s promise of a unified national consciousness requires two further elements: careful attention to the system of implementation and equally careful attention to constitutional education to ensure that each citizen is aware of the rights and responsibilities and promises of democratic good governance under the Constitution, to such an extent that each citizen feels that she or he owns it.

Firstly, how effective are the provisions for implementation in the Constitution? It is in relation to implementation that the various aspects of distribution of powers become significant. In particular, how powerful are the President and her/his Executive in relation to Parliament, the judiciary, organisations of supervision such as the Human Rights and other bodies? How powerful are all organs of government in relation to people? How can people assert the rights which are provided for in the Constitution? What are the forms of participation provided for citizens in the actualities of national and local governance? Is all they have is a right to vote once every few years?

In particular, what is the peoples’ awareness of the provisions of the Constitution and their rights and responsibilities? To the extent that the Constitution remains a document for the national leadership, and remote from the people, its finest words cannot really mean anything to the people to whom it is supposed to belong. Both the CRC and CA drafts make it a responsibility of all state institutions and citizens to uphold the constitution and national values and provision is made for all school curricula to include the education of citizens. Article 34 of the CRC draft and Article 43 of the CA proposal provide specifically for a right of citizens to participate in the governance of the country and decisions which may affect them, but this has to be in accordance with law.

The CRC and the CA make the Electoral Commission responsible for the education of voters and additionally provides that it shall be responsible for the education of citizens in relation to the ethics and accountability of leaders. Both the CRC and the CA make it a duty of the Human Rights Commission to educate the public in human rights and good governance. Therefore educational provisions may be crucial to enable people to participate effectively in their governance and to ensure that the fine words and promises will be implemented. In this respect, while both the CRC and the CA make provision for citizen education, much will depend on their effective implementation. That is, how strong is the Parliamentary legislation? What resources are provided for effective implementation?

Conclusion
We commenced with Mwalimu’s notion that a Constitution should be a conscious declaration by Tanzanians of their unity – a collective “I am”. If the Constitutional process is inclusive with full consultation of all the people, and the resultant constitution is one which promotes a feeling of unity, then it may provide a case for saying “I am”.

The real difficulty with the Constitutional process has been that it has failed to promote a sense of national unity. In relation to the content of the Constitution, it may be possible to argue either way on two or three governments. The real issue is that it has led to a divisive feeling. Similarly there is a feeling that the careful attempt by the CRC to control the powers of the President and systems of accountability has been diluted.

What is to be the future of the process? Whatever the result of the referendum, there is an inevitable dual reality involved in all constitution making. The construction of a constitution is a deeply political process and inevitably reflects the political realities of the day. At the same time, its sustainability depends on convincing the people that it belongs to them. In this respect, the constitutional developments in Kenya are instructive. The disaffection with the constitutional process ultimately led to a solution which is regarded as a fine constitution, but a feeling that there has to be a continuous struggle for effective implementation. In this respect it remains to be seen whether the Tanzanian constitutional process will lead to an enduring constitution or become a signpost in a continuing struggle for a feeling of ‘I am’.

by David Brewin

Kigoma MP Zitto Kabwe (CHADEMA) has rarely been out of the news during the last few months.

In early March, the High Court in Dar es Salaam ruled in favour of CHADEMA, in a long-running dispute between Kabwe and the party. The judge also ordered Zitto to pay CHADEMA’s costs. The case dated back to 2013, when Kabwe brought a case against the CHADEMA Board of Trustees and its Secretary General Willbroad Slaa, which asked the Court to bar CHADEMA’s Central Committee from deliberating on or determining his membership of the party until his appeal was determined by the governing council of the party.

As the verdict was announced Kabwe, in his capacity as Chairman of the National Assembly’s Public Accounts Committee, said “As you can see, I am still in a full position as an MP and am still the Chairman of the Committee”. The MP seemed concerned by the court ruling to strip him of CHADEMA membership but he termed it a surprise, saying he was used to such challenges in building his political career. He said that his politics were based on issues and not on people.

CHADEMA’s founder and former Finance Minister Edwin Mtei said he welcomed the final settling of Kabwe’s long running stand-off over his membership of the party. He had admired him because he was aggressive but later realised he was too ambitious and no longer interested in CHADEMA’s collective strength. Mtei dismissed fears that CHADEMA could suffer as a consequence although he had admitted that Kabwe still enjoyed a popular following.

CHADEMA lawyer Tundu Lissu told reporters that the party was preparing a bill of costs for the Registrar of the judiciary to ensure that Kabwe paid all the costs incurred during the case at the High Court. Lissu added that Kabwe was one of Tanzania’s most powerful politicians on matters of national interest and was dedicated and hardworking. However, he was also an undisciplined figure who had made it his mission to stop the increasing popularity of CHADEMA.

Kabwe then resigned from CHADEMA and from parliament, and joined the newly created party ‘Alliance for Change and Transparency’ (ACT)). He became leader of this party and thus obtained a platform in time for the next election, even though many people feel that Tanzania already has too many parties – over 20. It is not clear how much damage he has done to the prospects of CHADEMA, but it could be considerable.

by David Brewin

The next stage of the election battle in Tanzania may well involve differences between the young and the old amongst politicians, as the East African has pointed out. The paper is widely read online within Tanzania. Those in their forties are described as ‘the young ones’, while the experienced older politicians are mostly in their sixties.

January Makamba has been the first MP of the ruling CCM party to declare his interest in the top job. He is 41, one year above the minimum age required by the Constitution for someone wishing to be President. Others in the same age group are the Minister for Natural Resources and Tourism Lazaro Nyalandu (46), the Deputy Minister of Finance Mwigulu Nchemba (40) and Hamis Kigwangala, who is currently 39 but will turn 40 before October.

Makamba, in particular, has made much use of the age factor in his recent speeches. He claims that Tanzania needs a youthful leader, strong enough to address modern challenges and bring in new ideas. Amongst the older generation are former Prime Ministers Edward Lowassa (61) and Frederick Sumaye (64) as well as Foreign Affairs Minister Bernard Membe (61) and the current Prime Minister Mizengo Pinda (66).

Others who are also likely to compete for the job are two Minister of State in the President’s Office, Stephen Wassira (69) and Mark Mwandosya (65); East African Cooperation Minister Samuel Sitta (72); Vice President of Tanzania Dr Mohamed Gharib Bilal (69); and President of Zanzibar Ali Mohammed Shein (66).

In a surprise intervention last year, President Kikwete called upon Tanzanians to opt for a young person as his successor. He said that the youth were the catalysts for development and he would like to see, as his successor, a person at least as young as he was when he ran for the presidency. He was then 55.

Lowassa, who is at present regarded as the one most likely to be chosen as CCM candidate, was President Kikwete’s right-hand man during the presidential campaign in 2005. He resigned from the premiership in February 2008 over his alleged role in the Richmond energy scandal.

by David Brewin

Cabinet Reshuffle
Tanzanian Affairs 110 reported that President Kikwete had removed from office (or accepted resignations from) Attorney General Frederick Werema, Energy and Minerals Minister Sospeter Muhongo and Lands and Housing Minister Anna Tibaijuka in connection with the Escrow scandal. The President named William Lukuvi as the new Lands and Housing Minister and George Simbachawene as Energy and Minerals Minister.

Muhongo had earlier described himself as “incorruptible” and denied any wrongdoing. But Zitto Kabwe, chairman of the Parliamentary Accounts Committee, said that Muhongo “had to be held to account” as he had misled parliament by saying that Escrow money did not belong to government.
Others who resigned from parliamentary committees were Victor Mwambalaswa (Energy and Minerals Committee), Andrew Chenge (Budget Committee) and William Ngeleja (Legal Affairs and Governance Committee).

The resignations and dismissals were praised by Secretary General Mosena Nyambabe of the opposition National Convention for Construction and Reform (NCCR – Mageuzi) who said “We are satisfied with the steps the government has taken against senior government officers involved in the scandal, but we want further steps to be taken so that we see how committed the government is to dealing with corrup­tion.” (See also the Section on Energy and Minerals in this issue).

Swiss bank accounts
Deputy Governor of the Bank of Tanzania Juma Reli has reported that at least 99 Tanzanians were holding over TSh 197 billion in Swiss bank accounts in March 2015. A report released in February listed foreign countries which had large deposits in Swiss bank accounts. It did not disclose whether the amounts cited were illegal deposits or involved money laundering, but said that the maximum amount of money associated with any single client in Tanzania was $20.8 million.

Data control
The Citizen reported on 27 March that Parliament had approved a new Bill which could make Tanzania one of the strictest countries for publishing firms, researchers and academicians including those reporting on the forthcoming elections. According to some critics, the Bill would ban the publication of data if the statistics were not provided by the National Bureau of Statistics, as well as making it illegal to publish statistics that are “false” or that “may result in distortion”. The Bill had been withdrawn after it was first presented to parliament in February 2015 and had been widely criticised.

Executive Secretary of the Media Council of Tanzania, Kajubi Mukajanga, supported the criticisms expressed earlier, particularly the section on publication of unauthorised statistics. “It is amazing that they would retain such a provision now”.

Executive Director of the Legal and Human Rights Centre Hellen-Kijo Bisimba, said she was shocked that the parliamentarians should be so lacking in wisdom and grace. This is a desperate and calculated move by a draconian government keen on stamping out dissent and alternative views. We will not stop making a noise until this bad law is removed. It defeats logic that, while we are struggling to remove numerous bad laws, this government is adding more.

At the time of printing TA, President Kikwete had not yet signed the Bill to make it law.

Terrorism
As terrorism escalates, Tanzania has not been exempt. In early 2015 two persons were charged with facilitating acts of terrorism and, offering support to terrorists.

A 26 year-old Kuwait-born British citizen, Mohammed Emwazi, known as “Jihadi John”, was reported as having stopped off in Dar es Salaam some years ago, ostensibly on his way to Somalia. When he arrived at Dar airport, he was efficiently dealt with by the Tanzanian authorities and detained for about 24 hours before being returned to Europe.

In April there was a devastating terrorist attack by Al Shabaab on Kenya’s Garissa University College in which 148, mainly Christian, people were killed. A Tanzanian from Mwanga District was later reported to have been arrested in connection with the attack.

Local election results
Local elections were held throughout Tanzania in November/ December 2014. They were expected to give some guidance as to the way national elections in October 2015 might go, but it has proved difficult to find a reliable summary of what happened as the Electoral Commission only provides the national election results.

In previous years local elections have attracted only limited interest but at the ones held at the end of 2014 many people showed considerable interest and it is believed that there was a higher than usual turnout. It is also believed that the election result revealed a considerable shift of support from the ruling CCM party to the opposition CHADEMA in several key seats.

Alleged assassination plot
Wilbroad Slaa, Secretary General of CHADEMA, has been the subject of alleged plot to assassinate him by poisoning. It was alleged that one of Dr Slaa’s personal security officers was in communication with officers from Tanzania’s intelligence service. The police later confirmed that a security officer was under arrest and that investigations were continuing.

A Tanzanian success story

Julius Shirima, aged 25, has been awarded the Commonwealth Youth Award for Excellence in Development Work for 2015. This is in recognition of his efforts in setting up DARECHA, a micro-venture capital fund and entrepreneur net­work that is helping young business people to turn enterprising ideas into profitable ventures. The award includes a prize of £5,000. Julius also won the African Regional Award. (Commonwealth Journalists Association)

by David Brewin

Aid resumed following action on Escrow scandal
TA 110 explained the ‘Escrow scandal’ which had shocked the whole country. The reaction of many major foreign aid donors, represented by the Budget Support Development Partners, was to suspend their aid programmes.

Then they changed their stance. Reacting to the actions of President Kikwete in dismissing or accepting the resignations of the Attorney General and other senior ministers and officials involved in the scandal, on 11 March Finance Minister Saada Mkuya was able to announce that the BSDP were now satisfied with the government’s handling of the scandal. Finnish Ambassador Sinikka Antila, Chairman of the Development Partners, said: “We are fully impressed with how the government has been handling the saga”.

One agency immediately disbursed $44 million of its aid. The African Development Bank, the World Bank and other donors also agreed to continue their disbursements at a later date.

Tanzania – Kenya relations deteriorate
For several months relations between Tanzania and Kenya have not been as warm as they used to be. Kenya took a first hostile step by introducing a ban on Tanzanian tourist vehicles from accessing Kenyan airports and tourist sites.

Tanzania retaliated by cutting Kenya Airways lucrative flights from Kenya to Tanzania from 42 per week to just 14. This must have been a shock to Kenya, as its airline already faces other serious problems.
Tanzania has been concerned about Kenya’s hard line stance on issues surrounding the Bilateral Air Services Agreement. Discussions have been under way for eight years without result and Kenya refuses to let the Dar-based airline Fastjet from using Nairobi airport. Its cheap fares policy has proved very popular in Tanzania.

Japan advises Tanzania to reduce red tape
The chief representative of the Japan International Cooperation Agency (JICA), Onishi Yasunori, has said that in order to attract an increased number of Japanese investors, Tanzania must reduce the number of institutions dealing with business registration. Apparently it requires three institutions in Burundi, eight in Rwanda, ten in Kenya and fifteen in Uganda, whereas Tanzania has far more. He added that Tanzania must also deal with the issue of corruption among employees of the institutions handling business registration.

The “East African” banned
At the end of January the East African newspaper, which has its HQ in Kenya, was banned from circulation in Tanzania, 20 years after it was launched. The reason given was that the paper had been circulating in the country without being properly registered, contrary to Section 6 of the Newspaper Act No.3 of 1976.

Government spokesman Assah Mwambene was quoted in the media as accusing the paper of having a negative agenda towards Tanzania. He singled out a cartoon which he said demonstrated bad taste and disrespect to the person and office of the President. It is understood that the East African will not be allowed to circulate in Tanzania until the legal issues are settled.

Needless to say, this action resulted in widespread protests from various parts of the media and others, as it appeared to be against freedom of the press. The East African Law Society was among many to express dismay over the action.

Financial irregularities at the EAC
The East African Legislative Assembly has demanded immediate action by East African ministers on an audit report that has referred to financial irregularities at the Community Secretariat. The Speaker of the Assembly said that the East African Community Council of Ministers must punish those found guilty before its next sitting.

The East African Secretariat pointed out that the audit report did not portray misuse or loss of any funds, nor did it mention governance weaknesses or executive negligence. It simply tabled findings that certain areas needed to be strengthened.

South Sudan and Somalia
As the new Chairman of the EAC, President Kikwete announced on 20 February in Bujumbura, that South Sudan and Somalia will not be allowed to join the East African Community unless they return to stability and adopt democracy. He said that good governance, human rights and the rule of law were critical elements of the EAC.