The impediments to free and fair election (continued),We terminated our discussions of last week at the point when we were discussing the scourge of corruption, which is a major impediment to achieving free and fair elections. We will continue with that discussion later in today’s article. But let us first consider the other vitally important, but little known matter; namely, the Constitutional role of the ‘Official Opposition’ in Parliament, which we had also promised to do.The vital role of the Official Opposition in Parliament.
This matter is being introduced in these discussions, because it is generally very little understood, or appreciated. But a better appreciation of this matter will probably help to change the current misguided attitudes among some of the Opposition political parties, who think that their only mission is “to remove CCM from power”; which, apparently, makes it their sole reason for their participation in every general election.
It will be remembered that the ‘UKAWA alliance’ between certain specified Opposition parties was formed in preparation for the 2015 general elections, precisely for that sole purpose; but they still failed to achieve this elusive goal; obviously because of CCM’s inherent electoral strength, even in the acknowledged difficult circumstances surrounding the 2015 general elections.
But we are now talking about the 2020 general elections, which will be taking place in a totally different political landscape, which has changed vastly in favour of CCM’; thanks to President Magufuli’s “miracles” which he has performed in the management of the nation’s affairs during his just ended first term in office. Thus, in the current political circumstances, for the opposition parties to continue hoping ‘to remove CCM from power’ in the 2020 general elections, is essentially like living in a dreamworld.
In these circumstances, the only proper course of action for them to take, is to just “cry off” that elusive and unachievable ambition; and direct their energies on the more viable alternative, namely, to vie for the chance to form the ‘Official opposition’ in Parliament. Apart from being an achievable ambition, this is a goal that has many other obvious advantages for whoever achieves it. Firstly, it provides the desired “comparative team” to compete with the ruling party CCM inside Parliament, at least for the next five years.
It is presumably common knowledge , that the multi-party democracy theory provides that “after the electoral competition is completed, active political competition now moves to Parliament”; wherein the losers of the election continue competition strategies from the Opposition benches, and prepare for the next election. In other words, political competition between the respective parties does not cease at the conclusion of elections, but thereafter just moves to Parliament. And, for that competition to be healthy and meaningful, that is where a “comparative Opposition team” is especially required, in order to keep the Government constantly in check.
For the benefit of those who may be unaware, it should be explained that inside Parliament, the ‘Official Opposition’ occupies a very respectable position. It is entitled to appoint the “Leader of the Official Opposition” who, according to traditional Parliamentary protocol, occupies second place immediately after the Prime Minister; and he is empowered to form what is known as the “shadow cabinet” which, in all parliamentary proceedings, is also second in rank, immediately after the Government cabinet. But beside protocol, the Official Opposition has a very vital role to play in the proceedings of the House, for the ‘Official Opposition’ is traditionally recognized as “the alternative Government in-waiting”, whose main function is to secure continuous accountability of the Government, for its stewardship of the nation’s affairs.
These are, obviously, very important functions that require to be performed, in order to provide for the healthy functioning of our multi-party democracy. It should therefore be accepted and appreciated, that it is a great honour and distinction for any political party that cannot win an election, to vie for this particular distinction, of being “the comparative team ” in the competition that normally moves to Parliament after the elections.
And that, I humbly suggest, should be the principal aim and objective of the Opposition parties in the 2020 general elections. As the old adage says, “if you can’t beat them, join them”. No Opposition team can possibly beat Magufuli’s CCM team at the forthcoming polls. Thus, the Opposition camp can only hope to join with CCM in managing the affairs of the nation by occupying the respectable ‘ Official Opposition’ benches in Parliament.
And In that connection, the Opposition camp’s ‘best brains’ who are vying for the Presidency (an objective which obviously cannot be attained), would have been better advised to vie for the elegant position of ‘Leader of the Official Opposition’ in Parliament, in which their valuable talents would be much better utilized in the service of our nation. Commendably, this is precisely what the CHADEMA party’s leader Freeman Mbowe, wisely did in 2015.
The impediments to free and fair elections.
Let us now return to the discussion on the other impediments that constitute obstacles on the road to achieving that desired objective; which include the following: (i) the lack of democracy within the political parties; (ii) the negative and harmful attitudes of some of the aspirants that are based on their acute, personal ambitions, leading to the unscrupulous commitment of election irregularities by sympathetic election officials.
The lack of democracy within political parties.
This was first disclosed in the Report of the National Electoral Commission relating to the first multi-party elections of 1995; wherein the Commission said: “most of the problems regarding the nomination of candidates are due to the lack of democracy within the political parties. Therefore, the Commission recommends that the Political Parties Act, 1992, be amended to ensure the existence of democracy within the political parties”.
With regard to CCM, the primary nomination of its parliamentary candidates has, indeed, often been undemocratic, in the sense of being unfair to deserving candidates. Thus, in respect of those unfairly rejected aspirants, the election process within CCM was not free and fair.
The negative, harmful attitudes of aspirants.
These harmful attitudes are generally expressed in such words as “if you participate in an election, you must win; if you don’t win, you have been cheated”. Such negative attitudes have invariably led to the losing parties claiming that the relevant elections were not free and fair, and thereby taking negative actions that inevitably cause unnecessary harm to the affected communities.
Recent History has shown, that in cases where such harmful attitudes are held by the rulers who are seeking re-election, they have led to the commitment of the most unscrupulous election irregularities, including what are described as “stolen elections”. Whereas in cases where such attitudes are held by those who participate in the relevant election with the sole aim of winning, when they lose, they invariably resort to post-election violence, through a variety of acts of commission and/or omission; thus creating unnecessary suffering among the affected communities.
This has in fact happened frequently in Zanzibar, where the main opposition party CUF has repeatedly claimed that the winning party CCM, has always “stolen” their Presidential elections, and for that reason, they have consistently refused to recognize the results of the Zanzibar Presidential elections; and adopting a policy of total non-cooperation with the Zanzibar Government.
But this has also happened in Zimbabwe, from where it was reported that: “following their July 30th, general elections, in which the MDC Alliance lost, “ hell broke loose when hoodlums were deployed to start a war in Harare’s Central Business District . . . They attacked people and stole property. But what happened was not exactly unexpected, for the MDC Alliance had promised to cause anarchy if they lost the election”
We have stated above, that such harmful attitudes are normally based on the aspirants personal ambitions. A British journalist, whose name was John Cowper (1872 – 1963), is on record as having written the following line: “Ambition is the grand enemy of all peace”. What is reported to have happened in Harare on that occasion, was clear evidence of the validity of this assertion.
Another variant of such negative attitudes.
The persistent demand “for an independent Electoral Commission” are, in fact, merely a variant of such negative attitudes; and a veiled threat to free and fair elections. It is, presumably, a convenient excuse, or clever tactic, for the opposition’s subsequent (familiar) claim that “their victory was stolen”!
This is so because, right from its inception in 1995, when the first National Electoral Commission was appointed by President Ali Hassan Mwinyi under the new multi-party political system, it was composed of high judicial officers, who could be trusted to carry out their duties ‘without fear or favour’, as their judicial oath of office enjoins them to do. But still, the Opposition parties have claimed repeatedly, that they have no confidence in that Commission; based on the suspicion that it will be biased in favour of the Ruling party CCM, for the reason only that it was appointed by the President, who is at the same time the Chairman of CCM. And, surprisingly, these claims have continued for all the intervening years, right up to the present time. One may rightly ask: what kind of ‘ independence’ do they really want?
This is a valid question because, the dictionary definition of the word “independence”, is given as follows: “being not dependent on other people or things; not controlled by other people or things”. Now, in the light of this definition, is it possible to have an independent Electoral Commission? The answer to that question is both “yes” and “no”; and both are equally valid.
A “yes” answer is valid because the independence of the National Electoral Commission, is firmly provided for in the country’s Constitution, which provides as follows, in its article 74(7):- Kwa madhumuni ya utekelezaji bora wa majukumu yake, Tume ya Uchaguzi itakuwa in Idara huru inayojitagemea”; and in article 74(11), which provides as follows: “Katika kutekeleza madaraka yake, Tume ya Uchaguzi haitalazimika kufuata amri, au maagizo ya mtu yeyote, au maoni ya chama chochote cha n siasa”.Thus, the National Electoral Commission is Constitutionally bound to be independent.
But there is an equally valid “no” answer, which is that the National Electoral Commission cannot possibly avoid “ being depending on, or being controlled by, other people”.
This is unavoidable because of two cogent reasons. The first is that this Commission is required to perform its duties and functions, strictly in accordance with the Constitution, and the relevant laws. But since the Commission itself has no authority to enact laws, it must depend on “other people” who are empowered to do so, namely Parliament, to make the necessary legislation which will enable it to carry out its function.
The second reason is that the Electoral Commission needs money, or a budget, which will enable it to perform its functions; and for that purpose, it is totally dependent on “other people” , namely the Government, to provide it with the money required.
These two ‘statutory dependencies’,necessarily impose a limitation to the Commission’s “independence”. And in view of these limitations, the Opposition’s objective in demanding “an independent electoral Commission” becomes totally frustrated, and completely unachievable.
(will continue next week)
Piomsekwa@gmail.com /0754767576.
Source: Daily News and Cde Msekwa.
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