CHADEMA’s Chairman, Freeman Mbowe has been quoted as saying that he is largely satisfied with the draft constitution. I agree with Mbowe and would like to highlight one aspect in which this draft excels: separation of party power from political power.
In order for Tanzania’s democracy to become increasingly resilient, dynamic and self-sustaining, no single party should monopolize political power so that it unfairly distorts political competition. The draft constitution attempts to mitigate exactly this problem.
Among the many clauses and sub-clauses in the constitution that serve this aim, this piece focuses on some of the essentials: the decision to make members of parliament (MPs) ineligible for ministerial positions; limits on MPs’ tenure; separation of civil service and political leadership; conflict of interest clauses; asset disclosure of political leaders; balancing of power between the executive, legislative and judicial arms of government; and lastly, but not least, confirmation of Presidential appointees through parliament.
These measures have substantial implications. Selecting cabinet ministers from a pool of MPs only serves to concentrate power within a small network of individuals. Nepotism and political patronage become more difficult when one must recruit from a wider pool of applicants. Coupled with a tenure limit for MPs of a maximum of 15 years, the resilience of any one party’s power is less likely.
CCM cannot possibly have as many qualified candidates as there will be political posts. At least, certainly not enough qualified candidates who will always toe the party line. Eventually CCM will have to choose from beyond party stalwarts.
The draft constitution also dilutes party power within government by insisting on the need to avoid conflict of interest. Civil servants, at all levels, are required to disclose any conflicts of interest in their administration of public funds. People in leadership positions within the civil service are also not permitted to seek political leadership in any party.
The draft also stipulates that elected officials declare their assets and those of their married spouses and non-adult children. On the one hand, this does not explicitly and with one magical stroke prevent the possibility of the relevant actors, whose assets fall under this new jurisdiction, from camouflaging their true net worth. On the other, it certainly makes it a bit more costly to do so. But in the end, we may find ourselves with a list of political leaders’ net worth that is a reflection of the honesty of their declarations rather than their actual wealth.
In any case, the requirement is a welcome improvement from the status quo.
Having a greater balance of power across the three arms of government is an important dilution of any single party’s power. Giving parliament more jurisdiction over presidential appointments is a move in the right direction and shores up legislative power, relative to the executive. Looking at examples from other democratic nations, in some instances, the executive could be occupied by one party, while the legislative becomes the preserve of another party. Given that both arms are relatively congruent in their political powers, policies would therefore gravitate towards the moderate voices within any political debate, rather than the extremes ones.
In fact, a viable strategy for any Tanzanian opposition, at present or in the future, could be to win control of at least one arm of government. Parliament seems like the most feasible political prize at present. The draft constitution has given parliament relatively more to chew on and gaining control of this political institution would be tantamount to increased influence on the composition and implementation of policy.
The creation and establishment of an independent Supreme Court, among other relevant independent political institutions are also some of the welcome aspects of this draft. Of course, an independent judiciary can only be impactful if, and only if, it is utilized by the people themselves. We need this constitution to avoid being just a dead document, viewed apathetically by the people whom it is crafted to serve, so that all of this is not just an academic exercise.
In order for the Supreme Court to be able to flex its muscles, citizens must be active in bringing forth cases that will improve the relevant liberties essential for a peaceful and prosperous society. Human rights, property rights, minority rights – we must all be active defenders and champions of these and the other liberties enshrined in our current and prospective constitution.
As I have read this draft time and time again since its launch, I have an unrestrained optimism. Yet in order for our democracy to thrive, we must all be Tanzania’s Thurgood Marshalls. Ultimately, if we seek change - positive and transformative change _ the onus is on me, on you, and all of us.
By Constantine Manda, Experimental Interventions Coordinator / Research Analyst, Twaweza
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