A raging debate has ensued attempting to get to the bottom of CCM presidential nomination proceedings. One side says it is a matter of practice not law while the other side is adamant whatever the position is the presidential contenders cannot be judges of their own cause.
At heart of the dispute is whether a sitting CCM chairperson can preside over her own nomination process even after members of the convention had pleaded her to let them decide without being pressured by her presence in the meeting?
The chairperson refused the request stating that the meeting was transparent so members can make decisions without fear of retaliation. In her own words, president Samia Suluhu Hassan said this:
:…mkutano huu uko wazi hakuna uhaja wa kiti kuondoka….mkitaka kutuchapa mtuchape hapa hapa na sisi tupo. Mkitaka kutusifia mtusifie na sisi tupo..” End of quotation.
Before that, she was responding to a request which sounded like this;
“….si utamaduni wetu au mazoea ya chama hiki kufanya maamuzi mazito kama haya wakati wagombea nao wako mezani. Inabidi mtupishe, ili tufanye maamuzi mazito kulingana ma uzito wa hiki kikao…tunataka kuwapa zawadi kubwa kulingana na mnavyostahili…..” End of quotation
When the requested the chair to leave the meeting attempted to interject the chairperson, she would not permit him saying I have not permitted you to talk. She made a decision not to refuse herself and her deputy president nominee without affording the meeting an opportunity for a riposte.
Questions that have been flooding in the social media were many: was the chairperson apprehensive of her bid reaction or it was a matter of expeditious resolution since her nomination was a mere formality?
Others said it wasn’t a formality since the central committee hasn’t invited other CCM contenders to apply for presidential nominations. They argue the process was tinted and tilted from the beginning. Without a transparent, competitive process the nomination of the CCM presidential candidate was rigged ab initio.
Videos of her predecessor, former president John Pombe Magufuli, leaving the presidential nomination meeting of 2020 to allow the general convention ample space to decide on his nomination have been joined with her defiant rendition of 2025 to contrast and discredit her democratic credentials.
What does the CCM constitution instruct? Can the Chairperson preside over her own nomination meeting?
The controversy surrounding CCM’s presidential nomination process—particularly President Samia Suluhu Hassan’s role in presiding over her own nomination—reveals a profound tension between “constitutional legality” and “political expediency”. Here is a detailed analysis:
⚖️ 1. Constitutional Violations: The Legal Framework.
The CCM Constitution (2022 edition) mandates a specific process for presidential nominations:
– Article 101(7)(c) reserves the selection of the Union presidential candidate exclusively for the General Convention, prohibiting delegation to other organs.
- Article 105(7)(b) instructs the CCM Central Committee to deliberate from a pool of applicants who seek to be nominated for president of the United Republic of Tanzania. The Central Committee has been empowered to shortlist not more than five names from a pool of applicants seeking to be president of the United Republic of Tanzania through CCM. The Central Committee will forward those shortlisted names to the National Council for further actions.
– “Article 103(12)” requires the National Executive Committee (NEC) to shortlist “up to three” candidates from applicants who have submitted forms and collected signatures from party members in at least 10 constituencies.
– “Article 101(5)(b)” empowers the General Convention to “choose one name” from the NEC’s shortlist.
In Samia’s case:
– No competitive process occurred. She was nominated without other aspirants being invited to apply, and no signature collection took place.
– The NEC presented only her name, circumventing the shortlisting requirement and a due process before the central committee and the national council. Critics argue this reduced the Convention to a “rubber-stamp” body.
🏛️ 2. Samia’s Defense: “Transparency” vs. Constitutional Breach.
– Samia refused to recuse herself during the nomination vote, asserting:
> “This meeting is open; there is no need for the chair to leave… If you want to criticize us, criticize us here while we are present“.
– She framed her presence as ensuring transparency, rejecting requests for her temporary absence to allow “serious deliberations without pressure“.
– Contradiction:
Her dual role as presiding officer and nominee violated the principle that no one should be a judge in their own cause (“nemo iudex in causa sua”), a cornerstone of impartial governance.
🔄 3. Precedent vs. Practice: Historical Manipulation.
CCM’s history shows repeated deviations from its constitution for political control:
– “Control by Fiat“:
Julius Nyerere (1995) and Benjamin Mkapa (2005) disqualified rivals (e.g., Edward Lowassa, John Malecela, Frederick Sumaye and others) using security committees or past “misdemeanors“. Jakaya Kikwete in 2015 disqualified Lowassa, Mizengo Pinda, Mohamed Gharib Bilal and others. President Magufuli in 2020 disqualified and dismissed from CCM Bernard Membe for challenging him into CCM nominations. In 2020, CCM printed only one form earmarking Magufuli to be their sole presidential candidate barring any member from challenging him.
– Eliminating Competition:
In 2020, Bernard Membe was expelled for attempting to challenge Magufuli.
– Fast-Tracking Incumbents:
Samia’s nomination was moved from July to January 2025—unprecedented timing—to avoid internal dissent.
🤔 4. Political Motivations: Why Bypass the Law?
– Fear of Factionalism:
Samia, an “outsider” from Zanzibar, faced pressure from Magufuli-era hardliners. Avoiding a competitive process preempted challenges from rivals like Lowassa-aligned figures.
– “Expediency” Argument:
Supporters (e.g., Jakaya Kikwete) claimed early nomination allowed “more time to prepare for elections,” citing SWAPO (Namibia) as a model. However, CCM’s constitution does not permit this escapology.
– Symbolic Messaging:
Nominating East Africa’s first female elected president bolstered CCM’s reformist image, overshadowing procedural flaws.
⚠️ 5. Consequences: Legitimacy Crisis and Opposition Backlash.
– Legal Challenges:
Opposition parties (e.g., ACT-Wazalendo) may petition courts to nullify Samia’s candidacy, arguing unconstitutional nomination. Though it is very unlikely Tanzania courts will nullify her nomination given the unholy alliance between the executive and the judiciary.
– Internal Erosion:
Younger members criticize the “cabalization” of power, risking long-term party cohesion.
– Democratic Setback:
The incident reinforces CCM’s reputation for “liberation-party entitlement,” where rules bend to maintain hegemony .
💎 Conclusion: Practice Over Law as Political Survival.
The nomination controversy underscores CCM’s prioritization of “control and stability” over constitutional fidelity. While Samia’s team defended the move as “pragmatic” (avoiding divisive primaries), it exposed the party’s willingness to sacrifice internal democracy for unity. As one analyst noted:
> “CCM’s constitution is a tool to be wielded by the powerful, not a constraint on their power“.
For Tanzania, this risks normalizing a precedent where incumbents manipulate party rules—a trend that undermines multiparty democracy despite CCM’s electoral dominance after Chadema has been disqualified from participating in 2025 elections.
Read more analysis by Rutashubanyuma Nestory
