Thursday, 12 September 2013

How the Opposition was caught flatfooted

President Jakaya Kikwete meets senior Chadema officials for consultations on the Constitutional Review Bill at State House, Dar es Salaam on November 27, 2011.
PHOTO | FILE 
By Athuman Mtulya  (email the author)

Posted  Thursday, September 12   2013 at  00:00
In Summary
In November of the same year, the first showdown was witnessed in Parliament, when the Bill was to be read for the second time, with Chadema insisting it should be read for the first time.


Dar es Salaam. The origional Constitutional Review Bill 2011 had also faced stiff resistance before it was passed in 2011, with the Opposition being outmanoeuvred by the government with promises that their concerns would be addressed by way of introducing amendments.
As it came to the fore in the events that unfolded last week in Parliament, their demand for changes in the composition of the Constituent Assembly were never incorporated in the amendments.
And some analysts say that was a big mistake that the opposition in parliament did, as it was proved two years later that accommodating demands of the opposition on the Constitutional Review Act would be difficult.
When they tried last week they failed and ended up in fistfights with the security personnel leaving Tanzanians perplexed
In 2011, the opposition MPs also walked out whey they failed to agree on number of areas but their major focus was on the formation of Constitutional Review Commission, fearing at that time that President would appoint his ‘allies’.
In April 2011 some Zanzibaris tore the Bill in front of minister for East African Cooperation, Mr Samuel Sitta, saying it denied the Islanders from their right to chart the future of the Union.In November of the same year, the first showdown was witnessed in Parliament, when the Bill was to be read for the second time, with Chadema insisting it should be read for the first time.
According to Mr Bashiru Ally, a political analyst and assistant lecturer at University of Dar es Salaam, that was the time Chadema and other opposition parties should have stuck to their guns and demanded a better process for writing a new Katiba.
In a bid to find a consensus, President Kikwete met with Chadema and CUF politicians at State House between November 2011 and January 2012. In April the President announced the Constitutional Review Commission (CRC) Chaired by Judge (rtd) Joseph Warioba, and many applauded the commission, describing it as inclusive and balanced.
“That is where the Opposition got it all wrong, they thought they are going to have a say since they had their cadres at the CRC… Chadema has Prof Mwesiga Baregu, NCCR has Dr Sengodo Mvungi. But if you look keenly and going by the argument of political representation, you will see who enjoys majority card in the Commission,” said the don.
The Citizen is well informed that in order to avoid conflict of interest CRC members decided to shun political affiliation and chose the country first.
Now as the country awaits the second Draft Constitution and formation of Constituent Assembly which will scrutinise the Draft, Mr Bashiru believes the passing of the recent amendment to the Bill that established the whole process is clear indicator that the opposition can’t call the shots.
“This is the true beginning… even if the President will balance the number of ruling party MPs in the Constituent Assembly alone tells you who will dominate the process. I believe the Opposition missed the crucial steps right from the beginning, now they will have to watch as things unfold.”

However, the executive director of Legal and Human Rights Centre (LHRC) Hellen Kijo-Bisimba says the flaws in the Bill should be worked on now so that Tanzanians get the Constitution they want.
She said her organisation doesn’t support the opposition but LHRC has been vocal about the Bill and had earlier on warned that putting all existing MPs in the Constituent Assembly would be the biggest mistake.
“The mere excuse that MPs were elected by Tanzanians doesn’t hold water here, we are all witnesses on how debates in the Parliament of late have been subjected to party affiliations, and we can’t simply allow the same culprits to debate the crucial part of constitution making,” she said.
SOURCE: THE CITIZEN