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Time to think about Constitution reform
30 August 2010
Sunday Citizen

Dar es Salaam: As an independent nation, Tanzania is just about to turn 50, which is not a very youthful age for a developing country like ours, for a lot of water has since, as they say, passed under bridge. Having shown the British colonialists the door, becoming a free Tanganyika in December 1961, the Zanzibaris, for their part, ousted the sultanate in the January 12, 1964 Revolution, and on April 26, the same year, the United Republic of Tanzania was born.

In short, our nation became, simply Tanzania, resulting from the merger of the two hitherto independent states. Tanganyika and Zanzibar, as two independent states became history, with the former being completely swallowed up by the Union. However, the latter retained a certain level of autonomy.

It's important to acknowledge the fact that the people of Tanganyika and Zanzibar had had centuries-old linkages and hence viewed the union conceived by Mwalimu Julius Nyerere and Sheikh Abeid Karume as "natural". And that despite the recurrent murmurs of discontent from either side.

Expressions of discontent, however muted, account for the reason why critics often call for a review of the Articles of the Union so as to iron out issues that make some stakeholders uncomfortable.  This becomes most apt given that few, if any Tanzanians, would wish to see a break- up of the Union, for both the Mainlanders and the Islanders fully appreciate its benefits.

What those who grumble say is that there are areas that need to be sorted out to improve the "quality' of what the world has come to view as a quintessential model, which demonstrates that a united Africa is possible. There are, for instance, questions on the limits of the Zanzibar Government, when it comes to, say, making changes in the Island's constitution in matters that might have ramifications on the Union as a whole.

There is also the issue of Tanzania's ideological status, in which case the Constitution stipulates that our country is pursuing development under the principles of socialism and self-reliance.  But, of course, Tanzania is far from being a socialist state for, in all intents and purposes, we are now a liberalised economy.  Deleting our socialist badge should clear this kind of discrepancy, even if we don't therein declare we are capitalist.

Granted that there have been numerous constitutional reviews over time, but we have reached a point where we should now come up with a new constitution.  We need a more binding document that will guide the formulation of new laws and facilitate the way the old and the new laws are put into application while safeguarding the rights of every citizen.

At least two political parties are fronting a re-write of the Constitution as part of their campaign agendas. They are talking, for instance, of a need for a Union government of national unity, reduced presidential powers, separation of the Executive and the Legislature, among other "necessary" changes.

Are the rights of the traditionally marginalised sections of our society, such as women, the disabled, children born out of the wedlock, among others, clearly underscored by the current constitution?  

When the major political parties seeking to gain power on October 31, talk of rewriting the constitution; or when the ruling party gives promises that, if implemented to the letter, might somewhat violate the supreme law of the land, the need for reform becomes even clearer.

At least one past president is on record as admitting that the Constitution conferred on him such immense powers which, if he used them fully, he might as well have been a dictator without breaking the law!

It's perilous to uphold a constitution that gives the leeway to anyone in power, including the President, to act in a way that would impinge upon any citizen's safety and yet be seen to be flouting the law!

The citizenry must be safe and free in their country, not because they have benevolent leaders, but because they have a constitution that provides the right environment for their safety and freedom.

That should be the challenge of the next government, irrespective of which party wins the poll on October 31.

 

*  Editorial comment in Sunday Citizen



Keywords: governance, constitutionalism, Tanzania
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