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Ripoti ya wasimamizi wanasheria: Mchakachuo mtupu

Discussion in 'Uchaguzi Tanzania' started by Ngambo Ngali, Nov 5, 2010.

  1. Ngambo Ngali

    Ngambo Ngali JF-Expert Member

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    Tanganyika Law Society Observer Mission to the October 31, 2010

    General Election in the United Republic of Tanzania

    Interim Report Dar es Salaam, November 5, 2010

    1. Introduction
    The Tanganyika Law Society ("TLS") is the Bar association of Tanzania Mainland, founded in 1954 by an Act of Parliament - the Tanganyika Law Society Ordinance Act, Chapter 307, of the Revised Laws.

    The TLS was granted official observer status on 30th August, 2010 by the National Electoral Commission of Tanzania. Pursuant to the mandate provided, the TLS deployed an Observation Mission,
    comprised of 190 observers, during the General Elections held on 31st October, 2010.

    The Observation Mission was led by the Election Observation Committee, constituted by the TLS Governing Council and Chaired by the TLS President, Mr. Felix George Kibodya. The Committee was comprised of members of the Council and Chairpersons of TLS standing committees. The Observers were comprised of TLS members who were supported by a select group of L.L.B. graduates currently studying at the Law School of Tanzania.

    As a starting point, four (4) full-day training seminars were held concurrently in four (4) different regions for the TLS Observers on Saturday, 24th October, 2010 and facilitated by trainers from the TanzaniaElections Monitoring Committee (TEMCO) on the practical modalities for observing elections.

    The TLS Observers were deployed on Friday, 29th October, 2010 to ten (10) regions across the country, namely: Tanga, Arusha, Mwanza, Dodoma, Dar Es Salaam, Tabora, Mbeya, Moshi, Mtwara and Mara.
    All Observers were equipped with data collection instruments as well as laws and guidelines for the electoral process.

    2. Objectives of the TLS Observation Mission

    The TLS's objectives in the observation of the elections were guided by its Vision of "a society where justice and the rule of law are upheld". In line with this Vision, it is the TLS's view that elections – when held freely and fairly – are a clear indication that the will of the people is being respected.

    As a law society, the TLS is a key stakeholder in the justice sector, and carries a critical voice in public matters particularly on the broader concept of justice. It is for this reason that the TLS decided to participate in this exercise to observe whether the election protocols were followed in line with international best practices.

    Specifically, TLS Observers assessed the voting process starting with voters awareness, transparency, the voting process itself, ballot box safety, vote counting and tallying of results as well as media reports. All of this was done by assessing the efficacy of applicable legislation and guidelines on the elections.

    An assessment of all of these would, therefore, form the basis for determining whether the elections were fair, free and thus lending legitimacy to the results.

    3. Key Interim Findings & Recommendations

    The report findings will be put together from a series of activities including:

    1. Two key roundtable discussions on elections and democracy, which attracted participation from the Chairperson of the National Electoral Commission, the Registrar for Political Parties, politicians, journalists, academicians and lawyers;
    2. Courtesy calls on key stakeholders;
    3. Monitoring of media reports;
    4. Gathering and analyzing messages from the TLS SMS Hotline; and
    5. Observing on polling day.

    What follows is a summary of key interim findings:

    Management of the Electoral Process

    The National Electoral Commission (NEC) of Tanzania is established by Article 74 of the Constitution and its functions are enumerated in The National Elections Act, sections 3 – 8. The NEC is established to function as an independent body, responsible for the overall supervision of the general conduct of all
    Parliamentary and Presidential elections in the United Republic of Tanzania. The Chairman and the Commissioners are appointed by the president of the United Republic of Tanzania without oversight of Parliament as is usually the case with developed democracies.

    The NEC has responsibility over the elections at the National, Regional and Local Government levels; demarcation of constituencies; educating all voters throughout the country regarding election issues /campaigns; voter registration and the conduct of the elections; management of the Permanent National Voters Register ("PNVR"); and other functions.

    Findings:

    It was generally observed that the NEC administered the general elections professionally and in compliance with the electoral laws. Under those circumstances, it is TLS's view, at this point that the elections were to a large extent, free and fair.

    However, we wish to point out certain shortcomings that were observed:


    1) There were reports from TLS observers that several people could not locate their names on the voters' lists posted outside the voting stations and that the NEC Hotline did not provide the expected support.
    2) The PNVR was published only one week prior to the elections, giving voters only one week to ensure that their names were on the list.
    3) TLS Observers noted that many voters came to cast their votes but were informed that they were registered in another constituency, thereby preventing them from voting.
    4) It was also observed that in certain polling stations some voters were not well versed with the methods of voting. Some were also not clear on the time for the opening of the voting stations.
    5) There were some incidents of the slow pace in handling the voters.
    6) There were reported incidents of faulty ballot papers in three (3) constituencies, which did not partake in the elections.
    7) There was delay in counting and declaration of the results (particularly for the Parliamentary and Presidential elections), which in certain cases resulted in skirmishes at the tallying stations. The TLS observed at least three incidents where exited voters were involved in skirmishes that led to the police using force, tear gas and other means to disperse crowds.

    Recommendations:

    As indicated above, it is the TLS view that the National Elections Commission (NEC) performance in this year's elections was professional and that the results declared are credible.


    But having observed thus, the TLS finds it prudent to give the following recommendations:

    The NEC should make a greater effort to educate voters in advance of the elections, not only about polling day, but on all other matters touching on the general elections, including how the elections will be administered. For example, a common concern raised by many voters was the delay in the declaration of the results and the widespread perception that there was ballot tampering or "kuchakachua", a Kiswahili adage now closely associated with the 2010 elections.

    Furthermore, the TLS has also observed the limitations imposed on the NEC officials caused by financial resources, the technology and the software, and the methodology employed in tallying votes.

    Legislation

    General Information:

    The Constitution of the United Republic of Tanzania, supported by the laws of the land, prescribes the rights and duties of all players including the government. It is through the laws that order is maintained in a society and from whence a society can build confidence in its government and citizens.

    The following laws and regulations form the legal framework governing the electoral processes in the United Republic of Tanzania:

    (i) Constitution of the United Republic, 1977 (the latest edition that was published in 2005, while the official English version was issued in 2008);
    (ii) National Elections Act, Cap 343 (the June 20th edition incorporates all amendments up to Act No.7 of 2010) governing the Presidential and Parliamentary elections;
    (iii) Local Authorities (Elections) Act, Cap 292 (the June 20th edition incorporates all
    amendments up to Act No. 7 of 2010) governing the civic elections;
    (iv) Elections Expenses Act, 2010, which governs the expenditure by or on behalf of political parties for election campaigns;
    (v) Political Parties Act, 1992 and Political Parties (Amendment) Act, 2009, governing the qualifications for contesting in elections or to field election candidates; and
    (vi) Guidelines for Local and International Observers, 2010.

    Comments on the Laws:

    The Constitution of the United Republic: The right to take part in one's government either directly or through freely chosen representatives is a right clearly enumerated by Article 21 of the United Nations Declaration on Human and People's Rights and is enshrined in our Constitution by the Eighth Constitutional Amendment Act, 1992 of the Constitution of the United Republic of Tanzania. However, the provisions in the Constitution limit this right – for all elected positions - to candidates affiliated with
    political parties.

    Also limited by sub-article 7 of Article 41 of the Constitution, is a citizen's ability to challenge the elections of the President.

    Also firmly entrenched in the Constitution is the function of the National Electoral Commission, which may be perceived to lack autonomy from the President with whom the power of appointment vests over the Commissioners of the NEC.

    The Election Expenses Act: This Act was passed more or less in advance of the party nominations in 2010. The Act defines the parameters for the funding of nominations, campaigns and elections. Various issues have been raised with regard to whether the law, in fact, provides a level playing field for all political parties and candidates. For example, the requirement for a donor to disclose their name, address and other particulars may expose them to potential risk or discrimination for being affiliated with a particular party and may, therefore, serve as a deterrent to donors, especially those of opposition parties.

    Another issue that has been brought to the fore is whether the Registrar for Political Parties has the capacity to efficiently supervise and administer election expenses under this Act. In this regard we have observed that the Registrar relies heavily on the Prevention and Combating Corruption Bureau (PCCB).

    The National Elections Act: This law was enacted to define the parameters for the Parliamentary and Presidential Elections. Various issues have been raised with regard to the capacity of the NEC to be able to adequately enforce the provisions of the law and regulate the same in accordance with the law,particularly with regard to advertising and campaigns by political parties.

    Recommendations:

    It is therefore recommended that there is a need for a consultative review of the Constitution of the United Republic of Tanzania and the electoral laws in advance of the 2015 General Elections.

    4. Notable Successes & Challenges
    The TLS found that the pre-election and election phases in Tanzania were remarkably peaceful, with campaigns being held by various political parties with minor instances of violence being reported. The TLS further commends the police and other security organs for maintaining peace and order.

    The TLS observed an extraordinarily low voter turnout, where several voting stations recorded a turnout of as low as 40%.

    The TLS found that the Media provided wide coverage in the period leading up to the General Elections, relatively free from interference by the Government (save for the threat to ban the Mwananchi newspaper). However there were certain newspapers and electronic media that were clearly inclined towards one political party. It is the TLS view that there is still room for improvement for the media
    houses especially with regard to their role in voter education and in accurate reporting.

    5. Conclusion

    Before a conclusion is made on whether the General Elections were conducted freely and fairly it is important to know the applicable criteria in making this determination.

    The TLS view is that for an election process to be free, the political environment should be free of intimidation.
    To be fair, an election must have a "level playing field" for all players from the nominations stage through to the polling day.

    Therefore, notwithstanding the overwhelming need to revisit the legal framework for the elections, the TLS found that the 2010 General Elections of the United Republic of Tanzania was conducted in a free and fair manner.

    A comprehensive TLS report will be released two weeks from the release of the final election results.
    Submitted By:

    FELIX GEORGE KIBODYA, PRESIDENT
    ON BEHALF OF THE TANGANYIKA LAW SOCIETY

    Kama macho ya wanasheria, waliobobea kwenye sheria zote za nchi wanauona uchaguzi katika mtazamo huu jee muokota chupa za plastiki (mjasiriamali wa karne ya 21) atasema nini????

    Tuna safari ndefu.
     
  2. Saint Ivuga

    Saint Ivuga JF-Expert Member

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    sdababu ndio zile zile kila sehemu ,haya ni makusudikabisa ,bora hii hela ya uchaguzi wa rais wangewapa watoto watima tu
     
  3. R

    Rugemeleza JF-Expert Member

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    Mimi ni mwanachama kwa mujibu wa sheria lakini ni chama kinachoongozwa na watu ambao ni UWT au wale wanaonufaika na utawala uliopo. Ndio maana huwa kuna kampeni chafu sana kuhakikisha kuwa wanaogombea na kupata uongozi katika chama hicho ni wale wanaokubalika na serikali. Sijahudhuria mikutano yake kwa zaidi ya miaka 7 kutokana na kupoteza kwake muelekeo. Mwaka 2003 niliiambia kamati ya TLS ilyokuwa inaongozwa na Marehemu Prof. Mwaikusa kutokana na mimi kushikwa na kushtakiwa kwa kesi ya uchochezi wakati nikwatetea watu wa Bulyanhulu kuwa "Pale katika nchi yoyote ile duniani ambapo wanasheria wanalala kitanda kimoja na kula sahani moja na wanasiasa basi nchi hiyo imekufa". Bado ninarudia na kusema hivyo. Tanzania imekufa kwa kuwa wanasheria wengi wanajikomba kwa watawala na wanasahau jukumu lao takatifu la kupigania haki na demokrasia ya nchini.
     
  4. Ngambo Ngali

    Ngambo Ngali JF-Expert Member

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    Duh, ilo nalo neno. Usiniambe aliyeaandaa ripoti hii anataka ujaji????
     
  5. The Dreamer

    The Dreamer JF-Expert Member

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    Kinyaa!
     
  6. admissionletter

    admissionletter Senior Member

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    Bull shit!!! What a crap from the Lawyers. Just see the findings and the general observations. Wanajikomba kwa CCM. Mheshimiwa Tundu Lissu fuatilia hili closely pupitia TLS meetings!!
    .......................................................................................................................

    It was generally observed that the NEC administered the general elections professionally and in compliance with the electoral laws. Under those circumstances, it is TLS's view, at this point that the elections were to a large extent, free and fair.
    1) There were reports from TLS observers that several people could not locate their names on the voters' lists posted outside the voting stations and that the NEC Hotline did not provide the expected support.
    2) The PNVR was published only one week prior to the elections, giving voters only one week to ensure that their names were on the list.
    3) TLS Observers noted that many voters came to cast their votes but were informed that they were registered in another constituency, thereby preventing them from voting.
    4) It was also observed that in certain polling stations some voters were not well versed with the methods of voting. Some were also not clear on the time for the opening of the voting stations.
    5) There were some incidents of the slow pace in handling the voters.
    6) There were reported incidents of faulty ballot papers in three (3) constituencies, which did not partake in the elections.
    7) There was delay in counting and declaration of the results (particularly for the Parliamentary and Presidential elections), which in certain cases resulted in skirmishes at the tallying stations. The TLS observed at least three incidents where exited voters were involved in skirmishes that led to the police using force, tear gas and other means to disperse crowds.
     
  7. M

    Magobe T JF-Expert Member

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    Kama madudu waliyofanya NEC ndiyo professionalism basi hata hiyo TLS wako kama NEC (wanachakachua).
     
  8. makoye2009

    makoye2009 JF-Expert Member

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    Yale yale ya UCHAKACHUAJI.!!!
    Hakuna jipya hapo. Mtu amekaa ofisini na kuandika uongo wake kumfurahisha JK na CCM yake.
    Unajua kwanini wanajikomba kwa NEC??????????

    Wanataka na wenyewe siku moja CCM iwape KULA siyo KURA kwenye nafasi ya Jaji Lewis Makame.
    Kwa hiyo ripoti imechakachuliwa na imejaa UNAFIKI na UONGO mtupu.
     
  9. Ngambo Ngali

    Ngambo Ngali JF-Expert Member

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    michosho kwelikweli
     
  10. M-mbabe

    M-mbabe JF-Expert Member

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    Dr Slaa is so genuine...so genuine that many lids will come off the pandora boxes spontaneously!
    Kipindi hiki tutawasikia wengi wengine tuliokuwa tunawaamini zamani....
    Subirini.
     
  11. Ngambo Ngali

    Ngambo Ngali JF-Expert Member

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    Je hii inarepresent views za members wote wa TLS au viongozi wachache wa TLS kwa niaba yao wenyewe?
     
  12. Ngambo Ngali

    Ngambo Ngali JF-Expert Member

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    Sasa wanajisafisha, someni maajabu haya, turning hot and cold,

    By Bernard James, The Citizen Reporter
    Dar es Salaam. Lawyers yesterday called for a complete re-write of the country's constitution, piling up pressure on government to initiate the process to reform the fundamental law. Releasing a final report on its October election observation mission, the lawyers under the umbrella of the Tanganyika Law Society (TLS) said it was the right time now to initiate dialogue for the legal reforms.
    The TLS president, Mr Felix Kibodya said major shortcomings in the electoral process presented a strong case for the overhaul of the constitution. This, he noted, was the only way Tanzania could hold credible and fair elections.
    "A strong position that developed as a result of the observation mission is the need to overhaul the constitution of the United Republic of Tanzania….. And laws touching on elections," Mr Kibodya told journalists at a news conference here yesterday.
    "TLS recommends that the government initiate a consultative review of the constitution to ensure the views of the citizens are adequately captured, and also to ensure that the constitution keeps pace with the current needs of the people as well as with the international standards and best practices," Mr Kibodya said.
    Flanked by members of TLS governing council and the election observation committee, the Society president said a national platform for the review should now be set off.
    Mr Kibodya said TLS will engage the government and other key players to spearhead the constitution review process. "I assure you that change of the constitution and election laws is on top of our agenda," he said.
    The National Electoral Commission (NEC) granted the TLS observer status in the October General Election during which it deployed 190 monitors throughout the country.
    Yesterday's call by TLS is a continuation of similar views expressed since the election by various groups and individuals of high standing in the society.
    A week ago the chairman of the Commission for Human Rights and Good Governance (CHRGG) Justice Amir Manento (rtd) said there was every reason for Tanzanians to call for a new constitution.
    Justice Manento said since past calls for a new constitution have not worked, there was a need for Tanzanians to chart a new course of action that will ensure they attain the desire for a new law.
    Prof Chris Peter Maina of the University of Dar es Salaam also said last week that the development challenges facing Tanzania could hardly be addressed without overhauling the current constitution. The law lecturer said the urgency for the overhaul could not be missed.
    The two were speaking at a consultative meeting to discuss the development of the National Human Rights Action Plan convened by the Commission to draft a national action plan for human rights.
    The main opposition party, Chadema, whose presidential candidate Dr Wilibrod Slaa lost to President Jakaya Kikwete in the General Election, campaigned on the strength of constitutional change and has since declared that it would direct its efforts inside parliament and elsewhere to push for the agenda.
    Tanzania's current Constitution was approved in 1977 and has since undergone over 15 amendments. Many of these changes are however related to the union between the Mainland and Zanzibar.
    Among the key issues, which TLS believes necessitate constitutional change, is the provision in the constitution barring any proceeding to challenge outcome of the presidential vote once announced by the electoral commission. The body said there was no rational basis for this provision because it was open for abuse.
    It also expressed dissatisfaction with a provision barring independents to run for an elective post without sponsorship of any political party. "It is the view of TLS that the citizens should be consulted on this issue," the report said.
    Other concerns that need attention, according to Mr Kibodya, are the appointment of NEC commissioners by the president, and for which they propose an independent vetting system and approval by the parliament.
    Despite the electoral shortcomings, Mr Kibodya said NEC's performance in this year's election "was professional and the results credible." TLS said concerns of vote rigging raised prior to the election or allegations that the government arm-twisted the results were untrue.
     
  13. Kamakabuzi

    Kamakabuzi JF-Expert Member

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    Kwenye namba 1 several -Je hawajui kama watanzania over 12m hawakupiga kura! na bado hao 12m hawakupiga kwa kuwa wengi wao hawakuona majina yao na mnasema uchaguzi to a bigger extent ulikuwa free and fair - shame on you - hamna tofauti na yule jaji wa hukumu ya mgombea binafsi.
    Kwenye namba 2 : kwa nini hamuelezi madhara ya kubandika majina yakiwa yamechelewa? Je wale waliokuta majina hayapo kabla ya uchaguzi walijulishwa waende wapi? Watu waliachwa wakilalamika tu - bado mnasema hiyo ni fair? Shame shame shame tupu!
    Kwenye namba saba - hiyo delay ilikuwa purposely planned ili kujipa muda wa kuchakachua - watu wakapigwa mabomu ndipo matokeo yakatangazwa na pale ambapo wananchi waliogopa mabomu - kura zilichakachuliwa. Mnasemaje kwa mfano tu matokeo ya ubunge vunjo- kwamba mgombea wa ccm aliongezewa kura zaidi ya 6000 na walipoona bado hakushinda wakaamua kurevise takwimu baada ya zaidi ya wiki moja - shame TLS
     
  14. JohnShaaban

    JohnShaaban JF-Expert Member

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    Yani siamini kama hizi statements zimetoka kwa 'same person'!


    Kinachosikitisha zaidi ni kwamba huyu bwana ametoa statement ya kwanza akizindua ripoti yenye statement ya pili?! :angry:

    Huku kutaka ULAJI kunatupeleka pabaya Watanzania!!!
     
  15. Kasheshe

    Kasheshe JF-Expert Member

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    Hiyo ndio Tanzania bwana: Aliyefanya research ndio muongo... ambaye hajafanya ndio mkweli na mwenye haki ya kuongea kila analotaka...

    I miss Mh. Benjamini William Mkapa, I heard him once saying "No research no right to speak"

    Hawa jamaa walitangaza kwamba wanasambaza watu kuangalia uchaguzi na riporti yao haiko tofauti na report zingine za waangalizi wengine meaning this is the true picture of the election process.
     
  16. mgen

    mgen JF Bronze Member

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    hongera kwa kazi yenu nzuri sana mmetekeleza WAJIBU wenu kwa taratibu zilizopo sasa mmeishia hapo? ili UTULIVU tulio nao uwe AMANI ya kudumu nyinyi ni SAUTI ya WASIOKUWA na SAUTI tuelimisheni TUFANYE NINI SISI LAY MAN WA TZ mtueliemishe kwa njia zote zilizopo ili tusiendelee kulalamika ADA YA MJA KUNENA MUNGWANA NI VITENDO!
     
  17. TUKUTUKU

    TUKUTUKU JF-Expert Member

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    Bado safari ni ndefu sana!lakini ipo siku tutafika!
     
  18. M

    Misterdennis JF-Expert Member

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    Kibodya ni kati ya watu wanaopenda kujigonga na kujipendekeza kwa watu walio na madaraka. So Im not suprised.
    Matokeo yapo CREDIBLE???? Hata aibu hawana?!!
     
  19. M

    Mapinduzi JF-Expert Member

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    Kwanza, kuwa mpinzani haimaanishi kupinga kila kitu.

    Pili, Dr Slaa (PhD), hakukuwa na uchakachuaji kwenye uchaguzi 2010. Hitimisho ni kuwa ulishindwa.
     
  20. Ngambo Ngali

    Ngambo Ngali JF-Expert Member

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    Mgeni kazi nzuri ipi, sioni kitu hapo bali ni kujipendekeza tu! Wao wanasema uchaguzi ni poa ila katiba ni mbaya huu ni unafiki wa hali ya juu, katiba imevunjwa na kuraruriwa katika process zote za uchaguzi, haki za msingi zimepuuzwa Mgombea binafsi hakuna, watu wanapita kwenye nafasi za ubunge bila kuchaguliwa ( ambayo ni kinyume cha katiba), tume ya uchaguzi inateuliwa na mgombea wa nafasi ya urais ( kwa hiyo anafanya kazi kwa maelekezo yake), Mgombea wa urais akipitishwa hakuna kupinga matokeo hata kama sio ya kweli.

    Majaji wanateuliwa na rais, tume ya haki za binadamu na utawala bora inateuliwa na rais kwa kushirikiana na kamati ya uteuzi ambayo rais anahusika kwa namna moja au nyingine.

    Ukiwa na katiba namna hii huwezi asilani kusema kuwa uchaguzi unaofanywa chini yake unakuwa wa huru na haki.
     
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