Another area that came from president Samia Suluhu Hassan’s speech to parliament yesterday was a promise for constitutional reforms after the elections. It is a promise she had made during her first term.
She had iterated that since she was the deputy of the constitutional constituency assembly, she knew how important the constitution ought to be amended. That is both an asset and a liability.
Most of those who took part in the Warioba led constitutional reforms tend to regard the proposals recommended by the Warioba constitutional Committee as a holy grail, while they weren’t.
Let me start with good news. Don’t we all love them? Only humans do. Human nature dictates to embrace the work you have yourself done. There is a tendency of regarding it as perfect, while downplaying its drawbacks.
Again, this isn’t the only defect. Self assessment is always trickier and more complicated. Most people who took part in the constituency assembly would love to restore all of the Warioba draft proposals. While those who are the beneficiaries of the status quo would love to expunge all parts of the proposals as it was done by the assembly.
The assembly was largely an extension of the CCM department since the way most members of the constituency were obtained defied logic and commonsense. Most were ward and councillors. There were no elections but they appointed themselves raising tough questions about whom they really were representing?
Bad news must follow, of course.
Even if we jettison the legitimacy issues accosting the constituency assembly we cannot overlook glaring errors in the adopted recommendations.
Most Tanzanians don’t know that the refurbished election laws were almost wholesale imported from the draft constitution. If those election laws aren’t the national consensus as day follows night the approved constitution isn’t acceptable. Any effort to ratify it will not bring the nation together but will splinter it even amore.
The proposed constitution didn’t sever the compromising relationship between the executive, the parliament and the judiciary. While the Warioba Committee acknowledged that the majority of the people who contributed their views preferred the powers of the president be reduced and distributed elsewhere.
The Warioba report didn’t accommodate this popular demand. It left the unchecked powers of the president intact. This translates into an old car with a new paint. The Warioba proposals didn’t fundamentally redefine the social contract between the government and its citizens but loaded it with many words to confuse most citizens who read it.
In the current constitution, the impeachment of the president takes two thirds of MPs on either side of the union. Purposely to erode institutional accountability, the Warioba proposals that were adopted by the constituency assembly ensured it was almost impossible to impeach the president. They raised the bar by declaring it requires three quarters to sack the president we don’t need. Worse, that three quarters threshold requires satisfaction on both sides of the union.
News laws of spousal emoluments may sneak.in into the new constitution legalizing the fracture of the social fabric. It is income disparities that are a constant threat to maternal unity and harmony. Calling peace, peace while institutionalizing income inequalities is really throwing petrol in fireballs. It is an easier way of blowing up everything that was built in the last 63 years since independence.
The way forward?
Based on President Samia Suluhu Hassan’s parliamentary address and analysis of Tanzania’s constitutional reform process, the following key takeaways emerge regarding the postponed reforms and path forward:
⚖️ 1. Strategic Delay of Constitutional Reforms.
– Post-Election Timeline:
Samia confirmed the constitutional review will occur during the “2025-2030 administration term”, aligning with CCM’s election manifesto. This follows “foundational reforms” under her 4Rs philosophy (Reconciliation, Resilience, Reforms, Rebuilding).
– Implemented Precursors:
Key steps include lifting the ban on political rallies, enacting electoral laws (Political Parties Act, Election Expenses Act), and disbursing “Sh 87.87 billion” in party subsidies to strengthen multi-party democracy.
– Criticism of Delay:
Opposition parties (e.g., Chadema) label this a “betrayal,” citing Samia’s prior role as Vice Chair of the 2014 Constituent Assembly and her initial reform promises. They argue the delay preserves CCM’s dominance under a flawed constitution.
🏛️ 2. Legitimacy Deficits in Past Reform Efforts.
– Constituent Assembly Flaws:
The 2014 assembly was dominated by “CCM-appointed members” (ward councillors and officials), not elected representatives. This undermined public trust and inclusivity.
– Warioba Draft Criticisms:
– Presidential Powers:
Retained unchecked executive authority (e.g., impeachment requires ¾ majority from both mainland and Zanzibar MPs).
– Election Laws:
Adopted wholesale into recent legislation without national consensus, risking future disputes.
– Accountability Gaps:
Failed to separate executive/judicial/parliamentary powers, enabling institutional capture.
⚠️ 3. Risks in the Current Trajectory.
– Elite-Centric Process:
Past drafts prioritized status quo interests. For example:
– Land inheritance rights for women (a progressive Warioba proposal) were diluted in later versions
– Opposition proposals to limit presidential authority were ignored.
– Social Inequality:
The draft constitution lacks mechanisms to address wealth disparity. Formalizing “spousal emoluments” could exacerbate income gaps, threatening social cohesion.
– Political Repression:
Recent crackdowns on opposition figures (e.g., treason charges against Chadema’s Tundu Lissu) contradict reform rhetoric.
🛣️ 4. The Way Forward: A 5-Point Framework.
1. **Inclusive Constituent Assembly**:
– Direct elections for assembly delegates.
– Quotas for women, youth, and marginalized groups.
2. Reduce Presidential Powers:
– Lower impeachment thresholds (e.g., simple majority).
– Bar presidents from unilaterally dissolving parliament .
3. Independent Institutions:
– Establish a truly autonomous electoral commission.
– Allow court challenges to election results.
4. Socioeconomic Safeguards:
– Constitutionalize land rights for women (per Warioba’s gender equality proposals).
– Cap wealth disparities via progressive taxation mandates.
5. Public Ratification Process:
– Civic education campaigns before the referendum.
– Supermajority requirement (70%+) for adoption.
💎 Conclusion:
Beyond Symbolic Reforms.
Samia’s delay reflects “tactical prioritization of CCM’s electoral interests” over structural change. However, the “4Rs” framework could still redeem her legacy if the 2025-2030 process genuinely addresses:
– “Legitimacy deficits” via participatory drafting.
– “Power imbalances” through enforceable checks on executives.
– “Socioeconomic inclusion” via rights-based provisions.
Without these, Tanzania risks cementing a “repainted old car” constitution – aesthetically reformed but functionally unchanged.
Read more analysis by Rutashubanyuma Nestory
