President Jakaya Kikwete
In Summary
The President of the Tanganyika Law Society, Mr
Francis Stolla, wants the President to first resolve the conflict over
the Bill by allowing stakeholders to debate the document before signing
it.
Dar es Salaam. A cross-section
of stakeholders have appealed to President Jakaya Kikwete not to sign
the Constitutional Review (Amendment) Bill, 2013, into law. Opposition
to the Bill has shifted from Parliament to the public as key figures
representing sections of society call for “presidential wisdom” in
handling the matter.
The shift in language follows concerns among both
legislators and the public about the process of preparing the
legislation. The move comes barely a day after a forum in Dar es Salaam
asked President Kikwete not to sign the new Bill into law, which gives
the head of state authority to appoint 166 of the 604-member Constituent
Assembly.
There was chaos in Parliament last week as the
House debated the Bill, with three opposition parties demanding its
withdrawal until views from Zanzibar were collected. The Bill was passed
in the absence of opposition legislators, who boycotted Parliament
sessions after the government stuck to its guns even after the
Opposition punched holes in it. Mr Peter Mlimahadala, representing
teachers with disabilities in the Tanzania Teachers Union (TTU), advised
Mr Kikwete to review the issue in its entirety and make a wise choice.
“The President’s unbiased stand is needed to settle this matter for the
good of the nation,” Mr Mlimahadala told The Citizen. “He should
consider that his pen will have a huge impact for generations to come.”
Veteran Journalist Jenerali Ulimwengu said the
constitution-making process should be guided by mutual understanding by
all involved. He added: “It requires serenity, maturity and fair play.”
Mr Ulimwengu described events in Parliament last
week as a crying shame. The Bill is already soiled, he added, and the
President would be wise not to sign it into law.
Mr Andrew Chale, the Publicity Secretary for the
Democratic Party, also urged the President not to assent to the Bill and
instead send it back to the people for more consultations. “If the
President signs the Bill into law, it will not last long before it is
brought back for another amendment,” he said. “Why shouldn’t we have a
law that will last many years without changes?”
The official position of the Civic United Front
party, according to Deputy Secretary-General on the mainland Mr Julius
Mtatiro, is that the President must not endorse the Bill. The party’s
MPs opposed the document in Parliament, he added.
The President of the Tanganyika Law Society, Mr
Francis Stolla, wants the President to first resolve the conflict over
the Bill by allowing stakeholders to debate the document before signing
it. “Because there was political will from the beginning over improving
the Constitutional Review Act,” Mr Stolla added, “the President should
not sign it until he satisfies himself over the matter.”
The executive director of the Legal and Human
Rights Centre, Dr Hellen Kijo-Bisimba, echoed these sentiments, saying
the process of amending the bill was not proper and some of the
provisions were not acceptable. The director of communications at State
House, Mr Salva Rweyemamu, was unavailable for comment. Justice and
Constitution Affairs Minister Mathias Chikawe declined to comment,
saying Parliament had just passed the new Bill and there was no cause
for alarm. “I am waiting to see the proposals from different groups so I
can decide on the way forward,” he said.
Tanzania Episcopal Conference Vice Chairman
Severine Mwemugizi had concerns about a clause in the Bill that gives
the President the mandate to appoint members of the Constituent
Assembly. He said the head of state should distance himself from the
constitution-making process so the new charter can accepted as a
contract between the ruled and rulers.
He added: “If he wishes this country well, the
president should stay away because he is the leader of CCM. If he
participates in this process as stipulated in this Bill, it will paint a
bad picture of the new supreme law.”
Dar es Salaam’s Sheikh Alhad Mussa Salum told The
Citizen that the Muslim Council of Tanzania was still holding meetings
and would make known its position later. But the chairman of the Muslim
Forum on Constitutional Views, Sheikh Mohammed Issa, expressed his
dismay over the yet to be formed Constituent Assembly, saying it was
likely to be biased. “If the President goes ahead to endorse the new
Bill into law, we will sensitise all Muslims in the country to vote
against the Draft during at the referendum,’’ he said.
Mkanyageni legislator Habib Mnyaa raised the red flag, saying
that the President should consider the fact that the Bill was passed in
the absence of opposition parties. “This Bill should be sent back in the
august House so that amendments are made immediately if we are to have a
credible constitution,” he said.
University of Dar es Salaam lecturer Gaudence
Mpangala said that if the Bill goes untouched, the new constitution will
be seen as a product of the ruling party and not the majority, given
that Mr Kikwete is the CCM chairman.
SOURCE: THE CITIZEN
SOURCE: THE CITIZEN
