Queries and concern as Katiba team gets stuck

[BAK]

Queries and concern as Katiba team gets stuck

Saturday, 02 June 2012 09:02

By Polycarp Machira The Citizen Reporter Dar es Salaam. Concern is growing over the one-month unexplained delay by the team that has been formed to spearhead the rewrite of the Constitution. The concern is that team members have not yet been dispatched out there to start listening to Tanzanians who are keen to give their views on what they want included in the new Document. Observers are now warning that the delay could dampen peoples’ confidence in the team and jeopardise prospects of seeing a new Constitution before the 2015 General Election. The Constitution Review Commission, which was announced by President Jakaya Kikwete in mid-April and widely praised as capable, was given 18-months from May 1 to complete the work. A source close to the commission told The Citizen on Saturday that the team has not been given detailed terms of reference and that it has been working around the clock to come up with its own modalities and put in place other logistics that would guide the process. Experts are of the opinion that preparing the guidelines at this time was unfortunate as that ought to have been done simultaneously with the Constitutional Review Act 2011 to avoid any delays. Terms of reference for the Commission are provided for under Sections 9 and 17 of the Act but Section 9 (1) states that the functions of the Commission shall be to co-ordinate and collect public opinions. According to the Act, the Commission will also examine and analyse the consistency and compatibility of the constitutional provisions in relation to the sovereignty of the people, political systems, democracy, rule of law and good governance. But an insider who asked not to be named due to sensitivity of the matter confided to The Citizen on Saturday that regulations to guide members of the team on smooth implementation of the Act were yet to be formulated. “The new law does not have supporting regulations to allow a smooth review process,” said the source. Even as the Review Act allows the President, in consultation with his Zanzibar counterpart, to extend for not more than two months the Commission’s tenure, political analysts say that should never be an excuse for any delay. “I am very much aware the provision allow the President to give the team more time to do its work, but they should also be aware that each and every Tanzanian want the new Constitution before 2015 so each and every hour should be strictly dedicated to this process,” said a Dar es Salaam businessman, Mr Abdulkarim Idrisa. Commission’s chairman, Judge (rtd) Joseph Warioba and minister for Justice and Constitutional Affairs Mathias Chikawe declined to comment on the current concern. “We are now planning our work. The very first people to meet after this will be you journalists and on that day I will respond to all your questions,” said Justice Warioba in a telephone interview. Mr Chikawe said he was not ready to discuss the issue presently and asked our reporter to seek an audience with him. A senior lecturer at the University of Dar es Salaam, Dr Kitila Mkumbo, said the delay and silence on the part of the Commission was causing public anxiety and that could be costly to their image. He said the public had a lot of expectations on the Commission due to the high calibre of the chosen personalities but the delay to go out to the people and start collecting views and lack of transparency could invite reservations on the credibility of the process. “It is worrying that a whole month has elapsed without any news from the Commission the time to carry out the task is also running out,” he said, adding that the commissioners should strive to retain the trust people have in them. Other observers said some other contentious issues in the Constitutional Review Act was another headache for the commissioners, bearing in mind that the public may turn hostile if sections in the law are not amended before the exercise begins. Recent remarks by a cross-section of people in the Isles saying they would not listen to any constitutional debate before Union issues are addressed, according to one of the commissioners, are rather worrisome. The commissioners also noted that the execution of their task is becoming more difficult as the team has not fully worked out how it will distribute the team members across the country.

 

[Mokerema]

BAK,

You are absolutely right. That is the usual **** and this can only happen in Tanzania. A law is enacted with a lot of pomposity and no regulations are prepared. We have a lot of Acts of parliament passed and are difficult to enforce due to the absence of Regulations.The list is long I don't have the time to list them down but it's huge!

There is the other aspect of parallel process of tabling the current Law in the Zanzibar House of Representatives. I don't see how can the constitutional committee start procurement of vehicles and yet there are no regulations or even the Terms of Reference. Because of the stated well buttered perk you shouldn't be surprised if they are left to go it alone by drafting their own Regulatons and definitely the terms of reference.

For the committee to operate functionally with precision it requires a stong team behind the scenes for backup. I have not seem how the back is going to be recruited and what are the qualifications and modalities of picking the back up? We might end up having the Wanamtandao enjoying the cake and this means we should not expect a clean deal. Unaweza kuwa ni upuuzi mwingine like what has been happening?... ? Ufisadi formalized.

 

[Elly B]

BAK,

You are absolutely right. That is the usual **** and this can only happen in Tanzania. A law is enacted with a lot of pomposity and no regulations are prepared. We have a lot of Acts of parliament passed and are difficult to enforce due to the absence of Regulations.The list is long I don't have the time to list them down but it's huge!

There is the other aspect of parallel process of tabling the current Law in the Zanzibar House of Representatives. I don't see how can the constitutional committee start procurement of vehicles and yet there are no regulations or even the Terms of Reference. Because of the stated well buttered perk you shouldn't be surprised if they are left to go it alone by drafting their own Regulatons and definitely the terms of reference.

For the committee to operate functionally with precision it requires a stong team behind the scenes for backup. I have not seem how the back is going to be recruited and what are the qualifications and modalities of picking the back up? We might end up having the Wanamtandao enjoying the cake and this means we should not expect a clean deal. Unaweza kuwa ni upuuzi mwingine like what has been happening?... ? Ufisadi formalized.

Many thanks to you. As a matter of fact that was no accident. The only thing I know is there are two possible general outcome of all processes:

1. I do expect the Government to allow delays intentionally because the new Constitution is not meant for its (govt) existance.That is why Waziri wa sheria na katiba flani said hakuna haja ya Katiba Mpya; Mwanasheri Mkuu conspired with her! It should not be forgotten that the Government we refer here is "Serikali ya CCM", the party that has been in power since then. If CCM and its Government had ever seen the importance they sould have made the Constitution matter their Best-in-Interrest agenda from the beggining. Now how come people expect the same government to lead the whole process and make it owesome? Leo vipi hawa same people to ensure the achievement of best Constitution ever? Why shouldn't we see that the current constitution has been violated several times in the process of even getting the Constitution Review Commission? I wonder if violating this "Katiba Mbaya" we have can make lead to getting a new we will respect!

2.It is in my expectations to see the Government, herein refered as a CCM Government making anything possible, baptize it whatever, to make sure if we Tanzanians are to force a way to a new Constitution then we end up having not a Constitution for Tanzanians but something that will ensure the existance of the same system tha led the Country to be on "Flank two Position" At the end of the race expect Katiba yenye sura na harufu zote za CCM kwa sababu:

i-President, who is from the same CCM and who has shown a "true-from-the heart" intention of not solving any of the giant problems the country is facing, has all the power to decide the fate of the whole process. Please see that according to Ibara ya 8:1a ya katiba hiihii ya sasa ni Wananchi waliotakiwa kuamua nini kifanyike ili kupata Katiba mpya. That means for the whole Process "the Sovereignity Resides in the People" Not President deciding for them! If they care (s

 

[Mokerema]

Elly B,

You are right , as I had concluded I can't trust CCM do you know why? It simple if they wanted to have a new constitution we already have a benchmark just send a team to Kenya it won't cost much. We know how long it took them from the Bomas until they established the Interim independent Electral Comission which was instrumental and spearheaded the referendum which has given Kenyans a new constitution.

Over my dead body Judge Lubuva' s electoral commission which is CCM doesn't merit to conduct any election fairly let alone a constitutional referendum the way it was done in Kenya. Forget about the waste of public funds and time to finance cosmetics.

Let CCM under Kikewte create an independent Electral Comission not responsible to the President, this requires an Act of parliament passed into law and accented by the president according to the constitution. Once we have a new tenant at Magogoni then let's look for a new constitution. Those who are dreaming to have a new constitution under CCM without dictating the hegemony of the CCM is lost and I am not one of them. Just wait and see?.. Bila tume huru ya uchaguzi na sheria mpya ya uchaguzi tutamwaga damu sana!,,,,!

 

[Elly B]

Elly B,

You are right , as I had concluded I can't trust CCM do you know why? It simple if they wanted to have a new constitution we already have a benchmark just send a team to Kenya it won't cost much. We know how long it took them from the Bomas until they established the Interim independent Electral Comission which was instrumental and spearheaded the referendum which has given Kenyans a new constitution.

Over my dead body Judge Lubuva' s electoral commission which is CCM doesn't merit to conduct any election fairly let alone a constitutional referendum the way it was done in Kenya. Forget about the waste of public funds and time to finance cosmetics.

Let CCM under Kikewte create an independent Electral Comission not responsible to the President, this requires an Act of parliament passed into law and accented by the president according to the constitution. Once we have a new tenant at Magogoni then let's look for a new constitution. Those who are dreaming to have a new constitution under CCM without dictating the hegemony of the CCM is lost and I am not one of them. Just wait and see?.. Bila tume huru ya uchaguzi na sheria mpya ya uchaguzi tutamwaga damu sana!,,,,!

Thats for sure Mokerema. thanks a lot. But Mie kinachoniuma is this habit where Some people can misuse the little resources we have (coz the most part is being utilized by the Goverment Unnecessarily and larger than that tumewaachia wakoloni wajichukulie!) to conduct something they know it won't come to a reasonable end.....I'm terribly sorry that it is only in this Country where that is possible....