Before answering this question we need to look at the history and development of the current constitution of Tanzania to help us understand why or if there is a need for a new constitution.
But before we get into the history lessons, we need to understand why some constitution of countries changes over the course of time and some remains in place. Constitution changes can happen due to different social and political factors but it can all be summed to one reason which is to - match with the country’s current situation comparing to when the constitution was put in place.
“Constitution is meant to be dynamic agreement to serve the needs of the governed with the changes in the country” This doesn’t mean it will need to be written all over again - no, but to provide fixes in areas where it doesn’t seem fit for the governed.
Some of the major factors for constitution changes includes;
- Big change in political system of a country
- Diplomatic changes
- Pressing social-economic issues in the country
- Some background information
The first constitution was brought about a year 1961 when Tanganyika was getting its independence from the British. This was basically written to serve as a guide of the constitution that will be put in place. And it was written by Britain. As a ‘guider’ constitution, it had many limitations and shortcomings since many of the decision were made by Britain with the queen as a leader to guide the citizens of Tanganyika. From this 1961 constitution, there has been 5 major changes on the constitution and the last major one was in 1977 which is the constitution we are using to right now. However in between there has also been 9 other amendments done by the parliament to amend or add some sections of the constitution. 2005 being the most recent one which added a number of special seats that a president can appoint as members of paliarment.
Of the many things discussed as shortcoming in the current situation, the pressing ones are;
1. It didn’t involve the people (Tanzania citizens) when it was written/ put in place.
2. It was written when a country had a different form of political system (one party system) and a different model for development (Ujamaa concept)
Even though it was amended by the parliament through members of the parliament - who are supposed to be *cough* representatives *cough* of the people, it still argued that it’s not enough for only them to amend those changes now, because from the beginning of time, the current constitution didn’t involve the people plus with all 14 changes done to date, it still has many loopholes that let leaders abuse the power given to them for thei own benefits.
The commonly highlighted issue on the current constitution includes;
1.President’s authority should be reduced.
- Right now duties of the president includes
- Appointing members of parliament (Special seats which are not seen necessary)
- Choosing regional commissioners
- Appoints all ministers
- Doing changes on any ministry as s/he sees fit
- Appointing judges
2. The model of resource distribution seems to favor few regions and neglect the rest because of the ‘central resources collection and allocation system’.
3. Establishment of an actual FREE and INDEPENDENT election committee + Presidential results shouldn’t b final and can be challenge on the court of law
4. Process of electing regional commissioners should be changed from president’s appointment to thepeople in the particular region
5. Allowing private candidate to run for president
6. Role and authority of police should be reviewed and separated so that they can serve more to the people and not leaders
7. Human rights (citizens right) should be clearly stated and explained Plus so many other things.
Experts say there are more than 90 items on the current constitution that needs to be reviewed and amended to give more power to the people. Some argue that the current constitution is not valid to begin with, because it is against the so called “hati ya muungano” which is the basis of Tanzania from Tanganyika and Zanzibar. But hey, that is the topic I don’t want to get into, do explore it at your own risks and i’m not an expert in the matter.
So, why does Tanzania needs a new constitution?
Because the current constitution doesn’t serve the needs of the people and all the amendments that have been made over the period are not effective and have never benefited the governed.
