RECOMMENDATIONS ON THE FINDINGS DONE BY JUKWAA LA KATIBA TANZANIA (JUKATA) ON THE DISAGREEMENT WITHIN THE CONSTITUENT ASSEMBLY AND THE CONSTITUTION MAKING PROCESS

JUKWAA LA KATIBA TANZANIA is a Forum of Tanzanian Civil Societies under the leadership of a National Steering Committee (NSC). It is a people’s platform for Citizens Participation in the preparation and implementation of the New Constitution of Tanzania. Jukwaa la Katiba Tanzania is coordinating Citizens engagement on Constitutionalism in Tanzania, which will play a decisive role in the passage of the new constitution during 2011 – 2014. While monitoring and reflecting on how the Constituent Assembly was carried out, JUKATA made up a panel of researchers so as to know the essence of the disputes that occurred during the Constituent Assembly before making way for the Budget Sittings. The panel of researchers include Prof. Lumumba from the Kenya School of law, Prof. Bertha Koda from the Institute of Development Studies University of Dar es Salaam and Prof. Gaudence P. Mpangala of St. Augustine Universtiy College, Ruaha – Iringa. The panel came up with the following recommendations;

 

Prof. Lumumba from the Kenya School of law speaking at the Press Conference

RECOMMENDATIONS

1.       That as provided under the enabling statute the Draft Constitution be respected and be the basis of deliberation by members of the Constituent Assembly.

2.       That all member of the Constituent Assembly should participate effectively in the deliberations of the Constituent Assembly as they are enjoined to do under the Law.

3.       That as opined by many stakeholders JUKATA has consulted, while the decision of UKAWA to walk out was understandable the message they intended to communicate has been conveyed and understood, and in the larger interest of the nation they should return and take their positions at the Constituent Assembly when its sessions resume on the 5^th day of August, 2014.

4.       That while there are rules and regulations drafted and adopted to govern the conduct of the proceedings in the Constituent Assembly, there is a remiss in the number of areas which should be improved to facilitate smooth and effective conduct of the Assembly’s business

5.       That over and above the existing dispute resolution mechanisms created under Assembly Rules a Panel of wise men and women not exceeding fifteen (15) drawn from respected Religious Leaders, Retired leaders, Civil Society Organizations, scholars from outside the Constituent Assembly should be empanelled to serve as a reference group to resolve disputes which defy internal resolutions

6.       That the Constitution Review Commission which prepares the draft constitution and is the repository of the processes history be accepted as the secretariat of the Assembly as has been practiced in Uganda, Kenya, Rwanda and Zimbabwe among other countries. In the circumstances the position contemplated under section 37 of the 2012 version of the Constitutional Review Act be restored to provide that the President shall disband the commission only after the successful conduct of the Referendum.

7.       That while it is admitted that in the initial timetable where the new constitution would be ready by the month of April 2014 has now been overtaken by events, and further while it is known that the Local Government Elections are due later in 2014 and the general elections later in 2015 efforts should be made to ensure that a New Constitution is promulgated before the elections are due

8.       In the undesirable but very likely event that time and events do not allow for a new constitution to be delivered before the 2015 general elections, the Constitution Assembly should deliberate and appropriate proposals to the Parliament of the United Republic of Tanzania to amend the Constitutional Review Act in the bind the Government elected during the 2015 general elections to continue with the Constitution review process and to deliver a new constitution within two years

a)      To amend the Constitutional Review Act to facilitate the reconstitution of the Constituent Assembly by having its members elected directly by the people and further to provide that anybody who serves in the Assembly shall be banned from seeking an elective office for a period of five years following the promulgation of the New Constitution

9.       That upon resumption of the proceedings of the Assembly the members permit the conduct of a seminar to be conducted by experts to share with the experience of similar processes in other countries as a basis for learning from best practices

10.   That the Constituent Assembly should consider amending their Rules and regulations to permit the election and co-existence of the co-conveners for Assembly organs

 

On the basis of research undertaken on constitutional review process in different countries it is imperative that Tanzania should learn from the experiences of countries like Kenya, Uganda, South Africa, Zimbabwe, Egypt and Benin among others to adapt and adopt positive aspects and to avoid pitfalls.

Lastly, it is imperative that throughout its deliberations, members of the Constituent Assembly should be guided by the best interests of the Nation and the generation as well as generations to come.