In last week’s article, we made a brief reference to the CCM’s major policy guidelines document titled “Mwongozo wa CCM wa 1981”, when we were tracing the origins of CCM’s ‘culture’ which encourages its members as well as leaders, to develop the habit and practice of self criticism, and constructive criticism among themselves. But, in fact, the significance of that particular document in the political history of Tanzania deserves much greater attention and elaboration, than just mere reference to it. For that reason, we will devote today’s article to that subject.
The document’s significance.
The great significance, and historical importance of “Mwongozo wa CCM wa 1981”; arises from the fact that it presents a clear manifestation of CCM’s practical implementation of the theory and concept of “party supremacy” ( Chama kushika hatamu)”. which prevailed throughout the era of the monopolistic ‘one-party state’ political system.
The concept of “party supremacy” was conceived at the end of a long and controversial debate which had been raging in the National Assembly since 1968, regarding the question: “In relation to policy-making, which of the two institutions is supreme: the National Assembly, or the National Executive Committee? The debate was prompted by the adoption of the policy document titled the “Arusha Declaration” by the National Executive Committee, at its Arusha meeting in February, 1967.
The document’s significance.
The great significance, and historical importance of “Mwongozo wa CCM wa 1981”; arises from the fact that it presents a clear manifestation of CCM’s practical implementation of the theory and concept of “party supremacy” ( Chama kushika hatamu)”. which prevailed throughout the era of the monopolistic ‘one-party state’ political system.
The concept of “party supremacy” was conceived at the end of a long and controversial debate which had been raging in the National Assembly since 1968, regarding the question: “In relation to policy-making, which of the two institutions is supreme: the National Assembly, or the National Executive Committee? The debate was prompted by the adoption of the policy document titled the “Arusha Declaration” by the National Executive Committee, at its Arusha meeting in February, 1967.
But the mere fact of daring to raise this question by the MPs, who strongly asserted that the party had no power to make such a major policy; plus what they said in that debate, had apparently, irritated the top party bosses, particularly Rashidi Kawawa (who was Prime Minister and leader of government business in the National Assembly at that time). Thus, at its regular meeting held in Tanga at the end of 1969, TANU’s National Executive Committee resolved to expel all those MPs who had dared to question the party’s supremacy in matters of policy making. And, by operation of the country’s Constitution, their expulsion from the party automatically also expelled them from the National Assembly.
Subsequent demonstrations of the party’s supremacy.
At its meeting held in Kigoma in March 1973, the National Executive Committee imposed a bad on the importation of “luxury cars”, as a measure of controlling the use of the country’s foreign currency reserves.
During the years 1974/75, TANU went ahead and made a series of other crucial decisions in the field of policy making, which were a clear demonstration of its supremacy over the National Assembly; including the following:-
Subsequent demonstrations of the party’s supremacy.
At its meeting held in Kigoma in March 1973, the National Executive Committee imposed a bad on the importation of “luxury cars”, as a measure of controlling the use of the country’s foreign currency reserves.
During the years 1974/75, TANU went ahead and made a series of other crucial decisions in the field of policy making, which were a clear demonstration of its supremacy over the National Assembly; including the following:-
(i) The abolition of the Local Government Authorities, namely the Urban and the Rural District Councils. This was based on the reasoning that because of the wide disparity between the country’s Regions and Districts in terms of natural resources endowment; expecting and relying on the Local government Authorities to bring equal development to all the people would be an unrealistic objective. Hence, it was decided that the responsibility for peoples’ development should be left to the Central Government, which is in a better position to collect taxes according to each area’s ability to pay, and distribute the country’s wealth equitably, according to each area’s needs.
(ii) the introduction of major reforms in the education sector; when, at its meeting held in Musoma in April 1974, the National Executive Committee decided on a number of issues, intended to implement the Arusha Declaration concept of “Education for Self-reliance”; including the following :-
(a) That the objective of Primary education should not be to prepare its recipients for entry into Secondary education, but should be self-sufficient in itself, in order to enable its graduates, the majority of whom do not proceed to Secondary Schools, to be self- reliant. And similarly for Secondary education, whose primary aim should not be to prepare its students for entry into tertiary education, but should equip them with the skills that will enable them to be self-reliant thereafter.
(b) That primary education should be universal education, to be made available to all boys and girls of school-going age.
(ii) the introduction of major reforms in the education sector; when, at its meeting held in Musoma in April 1974, the National Executive Committee decided on a number of issues, intended to implement the Arusha Declaration concept of “Education for Self-reliance”; including the following :-
(a) That the objective of Primary education should not be to prepare its recipients for entry into Secondary education, but should be self-sufficient in itself, in order to enable its graduates, the majority of whom do not proceed to Secondary Schools, to be self- reliant. And similarly for Secondary education, whose primary aim should not be to prepare its students for entry into tertiary education, but should equip them with the skills that will enable them to be self-reliant thereafter.
(b) That primary education should be universal education, to be made available to all boys and girls of school-going age.
(c) That there should be no direct entry to the only existing University of Dar es Salaam. Instead, qualifying students were now required to undertake some supervised work for a period of two years, before they could be admitted.
Following this de factor recognition, and practical practice of the concept of ‘party supremacy’, the National Executive Committee, at its meeting held in Shinyanga in March 1975; directed the Government: “to make amendments to the country’s Constitution, in order to enshrine the concept of party supremacy therein”. In other words, to enable the Constitution to designate the party as the supreme Organ in the governance of the country.
Following this de factor recognition, and practical practice of the concept of ‘party supremacy’, the National Executive Committee, at its meeting held in Shinyanga in March 1975; directed the Government: “to make amendments to the country’s Constitution, in order to enshrine the concept of party supremacy therein”. In other words, to enable the Constitution to designate the party as the supreme Organ in the governance of the country.
The government, through the Legislature, took immediate action by preparing the necessary constitutional amendments, which were duly adopted by Parliament in 1975. As amended, the Constitution now provided that: “All activities of State shall be conducted by, or under, the auspices of the party”.
In a subsequent statement, President Nyerere said the following:- “Under our One-party Constitution, TANU is supreme. It has the mandate to give directions to the Government about the general policies which must be followed for national development; or to give specific instructions about the priorities to be adopted in any aspect of our life as a nation. The party can also summon any Minister or government official, to give an account of their activities”.
And in a book titled “Tanzania and Nyerere” (Orbis Books, New York, 1976), the authors describe TANU’s then dominant status in the following words:- “Within Tanzania, TANU is politically all-powerful, and is also the principal agent of change; since it is now recognized constitutionally as the only political party on the Mainland. TANU is also the principal instigator of government policy in social, economic, and political fields”.
And in a book titled “Tanzania and Nyerere” (Orbis Books, New York, 1976), the authors describe TANU’s then dominant status in the following words:- “Within Tanzania, TANU is politically all-powerful, and is also the principal agent of change; since it is now recognized constitutionally as the only political party on the Mainland. TANU is also the principal instigator of government policy in social, economic, and political fields”.
Furthermore, the President himself, Mwalimu Julius Nyerere (in his capacity as the national party Chairman), routinely gave practical effect to this concept, when he routinely directed that all major issues relating to the country’s governance, be submitted for consideration and final decision by the party’s National Executive Committee, including those of a wholly governmental nature, such as matters relating to the country’s Constitutional development which, ordinarily, should be considered and decided upon by the cabinet of Ministers.
The CCM “Mwongozo wa 1981”.
‘Constitutional development’ was in fact the major function which was performed by the CCM Guidelines of 1981; because it gave specific directives to the Union Government, and the Government of Zanzibar, to make certain specified constitutional amendments.
A statement issued in 1983, by the Party’s ‘Department of Propaganda and Mass mobilization’ said:- “In view of the new situation which has been created by the adoption of “Mwongozo wa CCM wa 1981”, the National Executive Committee considers it desirable that appropriate changes should be made to our Constitution, which will re- align it properly with this new situation”.
The said Guidelines were adopted by the National Executive Committee “after a careful consideration and evaluation of the existing state of affairs in the areas of the country’s politics, and the stage of our social and economic development, which led to the realization that it was necessary to issue new directives, in order to spell out more clearly, the correct implementation strategies for the achievement of our development goals”.
Hence, in addition to the other matters relating to the party itself, these Guidelines had also specifically focused on the country’s state of the Constitution, and directed as follows:- “Ni muhimu kuutazama tena mfumo wa demokrasia yetu ya Chama kimoja, kwa lengo la kuuimarisha”. The Guidelines had actually identified the areas of the Constitution which should be specifically considered for amendment, which were the following:-
‘Constitutional development’ was in fact the major function which was performed by the CCM Guidelines of 1981; because it gave specific directives to the Union Government, and the Government of Zanzibar, to make certain specified constitutional amendments.
A statement issued in 1983, by the Party’s ‘Department of Propaganda and Mass mobilization’ said:- “In view of the new situation which has been created by the adoption of “Mwongozo wa CCM wa 1981”, the National Executive Committee considers it desirable that appropriate changes should be made to our Constitution, which will re- align it properly with this new situation”.
The said Guidelines were adopted by the National Executive Committee “after a careful consideration and evaluation of the existing state of affairs in the areas of the country’s politics, and the stage of our social and economic development, which led to the realization that it was necessary to issue new directives, in order to spell out more clearly, the correct implementation strategies for the achievement of our development goals”.
Hence, in addition to the other matters relating to the party itself, these Guidelines had also specifically focused on the country’s state of the Constitution, and directed as follows:- “Ni muhimu kuutazama tena mfumo wa demokrasia yetu ya Chama kimoja, kwa lengo la kuuimarisha”. The Guidelines had actually identified the areas of the Constitution which should be specifically considered for amendment, which were the following:-
(i) The distribution of powers between the Party; the President; and Parliament.
(ii) Giving Parliament greater authority, and strengthen its powers of supervision over the Government.
(iii) Strengthening people’s representation inside Parliament, by removing some of the other categories of MPs.
(iv) Strengthening people’s power at the grassroots, by re-establishing the Local Government Authorities in the Villages, Districts, and designated Urban areas.
In relation to the directives regarding the Constitution, the National Executive Committee subsequently held two special meetings, to deliberate on the methodology. The first one was held on 12th September, 1982, which appointed a small ‘Constitutional Review Task Force’ that was given the task of making proposals for the appropriate amendments which should be made to the !977 Constitution, and the 1979 Zanzibar Constitution, in order to implement the said Guidelines.
I was appointed a member of that Task Force, and so was Joseph Warioba. The two of us were tasked to study the provisions of some other countries Constitutions, to see if there was anything useful that we could learn from them. We travelled together to London, to study the Union of Great Britain Constitution, Thereafter Joseph travelled to Ottawa, Canada to study the Canadian Federal Constitution, and I travelled to New Delhi, India, to study the Constitution of the Union of Indian States. Our Task Force worked hard and fast, and we were able to present the Report of our findings to the National Executive Committee at its other special meeting, which was held on 18th October, 1982; which, happily, accepted with only minor changes.
We have already identified above the specific constitutional areas which were targeted by 1981 Guidelines. But, in addition, in the course of the extended deliberations, two other major reforms were also introduced. They were:
In relation to the directives regarding the Constitution, the National Executive Committee subsequently held two special meetings, to deliberate on the methodology. The first one was held on 12th September, 1982, which appointed a small ‘Constitutional Review Task Force’ that was given the task of making proposals for the appropriate amendments which should be made to the !977 Constitution, and the 1979 Zanzibar Constitution, in order to implement the said Guidelines.
I was appointed a member of that Task Force, and so was Joseph Warioba. The two of us were tasked to study the provisions of some other countries Constitutions, to see if there was anything useful that we could learn from them. We travelled together to London, to study the Union of Great Britain Constitution, Thereafter Joseph travelled to Ottawa, Canada to study the Canadian Federal Constitution, and I travelled to New Delhi, India, to study the Constitution of the Union of Indian States. Our Task Force worked hard and fast, and we were able to present the Report of our findings to the National Executive Committee at its other special meeting, which was held on 18th October, 1982; which, happily, accepted with only minor changes.
We have already identified above the specific constitutional areas which were targeted by 1981 Guidelines. But, in addition, in the course of the extended deliberations, two other major reforms were also introduced. They were:
(a) The inclusion of the Bill of Rights in the Constitution, which spelt out the basic ‘Rights and Duties’ of the citizen of Tanzania.
These citizen’s rights, were to be exercised subject to the applicable laws of the land; and included the following:- The right to equality before the law; the right to life; the right to personal freedom; the right to privacy and personal security; the right to freedom of movement of expression; of religion, and of association; and the right to participate in the country’s governance.
However, there was added an important proviso, that: “in order that all persons may benefit from the rights and freedoms specified in this Constitution, every person has the duty to so conduct himself and his affairs in a way that does not infringe upon the rights and freedoms of others, or of the public interest”.
The specified ‘basic duties’ included the duty to participate in any productive work; the duty to abide by the laws of the land; the duty to safeguard public property; and the duty to participate in the defense of the nation.
(b ) The imposition of a limitation on the number of terms that the President of Tanzania will serve, by providing for a maximum of two five-year terms. This proposal was made by Mwalimu Nyerere himself, in the following words:- “We should not leave it to the incumbent President to decide when he will leave office. It is the country’s Constitution which should make that decision for him.”
These 1984 decisions were subsequently incorporated in the 1977 Constitution of the United Republic of Tanzania. I personally continue to derive great pleasure from the memories that I was an active participant in both the 1984 constitutional exercise; as well as in the drafting of CCM’s proposals for the 1977 Constitution.
piomsekwa@gmail.com / 0754767576.
(b ) The imposition of a limitation on the number of terms that the President of Tanzania will serve, by providing for a maximum of two five-year terms. This proposal was made by Mwalimu Nyerere himself, in the following words:- “We should not leave it to the incumbent President to decide when he will leave office. It is the country’s Constitution which should make that decision for him.”
These 1984 decisions were subsequently incorporated in the 1977 Constitution of the United Republic of Tanzania. I personally continue to derive great pleasure from the memories that I was an active participant in both the 1984 constitutional exercise; as well as in the drafting of CCM’s proposals for the 1977 Constitution.
piomsekwa@gmail.com / 0754767576.
Source: Daily News and Cde Msekwa tomorrow.
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