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Tuesday, June 4, 2013

New era dawns

BY GADIOSA LAMTEY

4th June 2013


  Warioba Commission recommends epoch-making changes in Tanzania's political landscape, including the Constitution
  Commission proposes three-tier government
Dr Mohamed Gharib Bilal displays copy of first draft of proposed Tanzanian Constitution as drawn up by Constitutional Review Commission.
Tanzania may now move from a two-tier to a three-tier government as the country as a new page opened in its history yesterday with the launch of the first draft of its new Union Constitution that has recommended a reduction in presidential powers.

The Chairman for Constitutional Review Commission, Judge (rtd) Joseph Warioba, explained that the 240-section draft has 90 sections more than the Constitution now in use. He said that reflected the flood and variety of public opinions this time around.

He said the main issue of concern addressed by the draft relates to Union matters that have occasioned serious differences of opinion during the past few years.

It has now been proposed that three governments be formed – Federal government, a government of Tanzania and a government of Zanzibar – and that the number of Union matters be slashed from the current 22 to a lowly seven, including citizenship and immigration. 


It is further recommended that the Union President have mandate to appoint only high-ranking officials such as ministers, Chief Secretary and the Chief Justice but even these would have to be endorsed by the National Assembly.

As to the appointment of heads of armed and security forces, the president would now first need to consult a National Defence and Security Council with proposals.

According to the draft, the president may now only appoint five members of parliament down from the former ten – and even those five would all come from the category of people with disabilities.

A prerogative the Union president would be allowed to retain is presidential immunity, for example not being charged in a court of law while still in power.

Further, the average vote to attain presidency is to remain at above 50 per cent of the total votes but now a candidate may appeal the election outcome in the High Court not less than thirty days after the result announcement. The minimum age to run for presidency would remain 40 years.

On ministers, they are to no longer have any political affiliation and the number is to now be 15 halved from 30 and they are to no longer attend parliamentary sessions unless called in for clarification.


Similarly, the Speaker of the National Assembly and the Deputy Speaker would no longer have any political affiliations.

Additionally, the number of members of parliament that was initially over 300 would come down to 75, with 50 from the mainland, 20 from Zanzibar and five to be appointed by the president. They are also to run for only three five-year terms as opposed to the current state where there is no limit.

Also a public service commission is to be formed would be charged with electing permanent secretary (PS), Regional Commissioner (RC) and District Commissioners (DC).

The National Electoral Commission (NEC) is now to be called the Independent Electoral Commission to compliment its new mandate to operate independently.

“Our constitution will serve as an example to other countries,” said Vice President Dr Mohamed Gharib Bilali.

The CRC held 1,942 meetings attended by 1,365,337 people, from whom 333,537 opinions were collected. More than 160 special groups had an audience with the Commission and gave their opinions, as did 43 top government officials.

The Constitutional Amendment Act allowing for the formation of the CRC was passed by the National Assembly in November of 2011, with the Commission becoming operational in February 2012.

The Constitutional Reform Commission was established pursuant to Article 6 (1) of that Act (Cap.83). 34 members of the Commission were appointed and sworn in by President Jakaya Kikwete in April, 2012.

According to the Constitutional Reform Act, the Commission was given 18 months to complete its work starting May 2, 2012.

Yesterday’s event brought together the Vice President, Prime Minister Peter Pinda, Zanzibar First Vice President Seif Shariff Hamad and other political and religious leaders. 
SOURCE: THE GUARDIAN

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