Tanzania craves for a new and progressive constitution

There have been many cries for the new constitution for long now. Though these cries are ignored and partly silenced, the truth still stands. We badly need a new constitution.

Looking at the current carbuncular constitution that came into effect in 1977 under one party rule, one finds it unfit to cater for our country currently. Thus, this forces us to think of enacting a new constitution shall we seriously and wisely aspire to forge ahead as a nation and society.

Legally speaking, the constitution emanates from the people. It’s for the people by the people and of the people to loan Kwame Nkrumah’s words.

Does our currently archaic constitution fit this qualification? Does it really cater for our needs? Do we love, need and like it? Is it practically ours?

Our full-potholed constitution, if anything, benefits and fits none other than those that enacted it-CCM.

The recent by-election in Tarime speaks volumes when it comes to the need of the new document. Needless to say, in this election we spent much money for no reasons. Though we may beat our chests that we fulfilled a democratic creed-cum-need, we failed our tax payers economically. The money we squandered there was badly needed to cater for other fundamental causes.

What’s the logic of spending a billion shillings on election whilst our schools have no equipments corresponding with a 21^st century? What of our hospitals where patients are bundled three in a bed? But our constitution enshrines this economic mess amidst poverty and utter dependence!

We need an economic conscious constitution that will put forward our real needs in lieu of political and fabricated ones.

We need a document that will enhance and enforce accountability responsibility and transparency. We need the constitution that will order our rulers to declare their properties and state how they acquired whatever they say or found to have had.

We need an inclusive constitution of the people for the people and by the people that everybody would like to be associated with not to mention being proud and part of it. The constitution that will cater for all parties and everybody equally and judiciously as it stops boot-licking, nepotism, nihilism and favourtism.

We need the constitution one can comfortably and logically defend not to blame and suspect. The one that’ll benefit everybody not a select few as it’s currently. The constitution free not full of claw-back clauses and such stuffs that see us screwed up and ripped off.

This being the reality, whose constitution is this? The answer is simple; the ruling party that enacted it.

Mwl. Julius Nyerere once averred; had he wanted to become a monarch he’d. This means that our constitution created a demigod and infallible president that can abuse his power as pleased! He even warned: shall we one day elect a mad president, he’ll be able to fulfill his phantasmagoria without breaking the law. And when this comes, won’t be able to hold him responsible except to curse ourselves. Why should we really wait to witness this?

We currently have a rotten system that any mad person can use to foster his madness. Currently our president even his wife and cronies are answerable to God only but not the people. He appoints almost everybody when it comes to who is who in our lives. He is everywhere; in the bed room, sitting room and offices. Our constitution does not require him to deliver but rule as he pleases! We’ve president that’s more a king than chief executive.

Mwl. Nyerere was dead right. Tell me. Who, for example, can tax our president today to deal with corrupt elements in his regime?

How will he make anybody accountable and responsible whilst he is himself accountable to nobody? Hither crops up the need of having provisions in the constitution that clearly provide for the impeachment of the president. There is no way president can be accountable without legal requirements to do so. We strongly need an impeachable president.

This must be clearly understood. I don’t target anybody. What makes me contemplate this is: president is a human being. After all, if our people and their ruler are intending to deliver the country, they’ve nothing to worry even fear in this.

Though we’ve been blaming the president for ineptness, we need to blame ourselves for consenting and cohabiting with an archaic constitution.

These excess powers do not only intoxicate the president. Recently the minister for energy and mineral development promised the house to name people behind Kiwira Coal Mine profligacy. Guess what. It is almost two months and the minister has never bothered to live up to his words. He’s still comfortably enjoying his position. He recently was seen campaigning in Tarime and the MPs are not even pressing him to name names! He had no time for such minutiae. Nobody has the muscle to legally press him to come clean on this!

Tanzanians have never written their constitution as other post-colonial African nations. The first constitution was queen-handed-out one. The one we currently have was enacted by the group of party cadres appointed by the president under one party regime. The spirit of the first constitution aimed at creating a governor-like-and-untouchable president who was above the law. This contradicts all pillars of rule of law and good governance. What a shame for fallible creature full of foible to be above the law!

How can such mortal creature enforce the law that he is not bound to?

Sadly though, when we attained our independence our rulers adopted this evil spirit to seek future loopholes when they broke law. This is what produced Africa vampires such as Hastings Kamuzu Banda, Joseph Mobutu and Robert Mugabe.

Constitutional lawyers will correct me shall I go astray. One of the tenets of the making of the constitution avers that people’s constitutional assembly should enact the constitution. Those people-appointed messengers are drawn from all works of life from NGOs, government, media, and the general public. Their job is to enact the document then disband.

Though this may not augur well and unpalatable for those enjoying the ‘goodies’ of the current constitution, in the future, we’ll all regret this. For immense and discretionary power rulers have will lead us to political mayhem one day. Why should we wait this to happen? And indeed it will soon happen. Scams like EPA, Richmond , TICTS, Kiwira, IPTL, Net Solution will soon as land us there.

In a nutshell, let it be said and be heard. We’re dug and stranded in the hole we dug ourselves. We need a progressive constitution. Otherwise this reminds me of one irony. In Bongo there live angels and nobody does err. And when someone steals, sorry, takes from the public he is rewarded. And bringing such a person to book is a discretionary matters!

Give us the constitution that will emancipate us in lieu of this mockery.
Source: Thisday October 31, 2008.