By Pius Msekwa
At the conclusion of Zambia’s Presidential election which was held on Thursday, 19th August, 2021; Zambia’s Electoral Commission Chairman, Mr. Justice Esau Chulu, declared Hakainde Hichelema to be the President-elect of the Republic of Zambia. In this election, Hichelema was the Opposition candidate who had soundly defeated his long time rival, the incumbent President Edgar Lungu; in a reportedly “bruising race”.
THE CITIZEN“ newspaper in its editorial of Wednesday, 18th August, 2021; expressed the view that “ Hichelema’s election on the back of a landslide victory offers plenty of lessons to other nascent democracies in Africa”; and proceeded to make the following comments:- “Zambia’s Electoral Commission has shown that it is possible, albeit rare, for electoral commissions appointed by Heads of state (which can hardly be described as independent in the first place), to act independently by resisting undue pressure or influence, with a view to letting the people’s voice be heard loud and clear”.
The editor has clearly shown his firm conviction that electoral Commissions which are appointed by the President, “can hardly be described as independent”.
This would appear to insinuate that in all other election cases where the Opposition fails to win an election, the reason must be that the relevant electoral commission acted under pressure, or influence, or even harassment, from the incumbent President’s government and its security organs, in his favour. But, surely, this is a generalization which can be challenged; and is a deliberate digression from the real and genuine lessons which ought to learnt from the results of Zambia’s Presidential election. We will return to this important point a little later in this presentation.
In the meantime, we will reflect on one of Mwalimu Nyerere’s lifetime ‘teachings’; which has direct relevance to this discussion.
“Argue, don’t shout”.
Some of our readers will probably remember, that I have referred to Mwalimu Nyerere’s dictum of “argue, don’t shout” in this column before. This is enshrined in a directive ‘policy document’ which carries the same title, and is in respect of Tanzania’s Foreign policy; in which President Mwalimu Nyerere said the following:- “Tanzania has definite viewpoints on Foreign Affairs. When the need arises for us to argue in their defense, we have to state firmly what they are, why we have adopted them, and what they mean to our nation.
It is essential for us to do so, because we either have to influence people, or to have them better understand why we have adopted a particular line of action. And for either of these purposes, we have to argue our case convincingly, not to just shout about it”.
For a rather long time during the period of my service to our nation, I was granted the rare privilege of working closely with President Mwalimu Nyerere in a variety leadership positions, for which I happened to be his preferred choice for appointment. Hence, from that experience, I came to learn a few things about Mwalimu Nyerere, including that he had a penchant for telling ‘catchy’ stories in order to buttress his arguments.
And in respect of the “argue, don’t shout” slogan, I can vividly remember the occasion on which he told the story of one religious preacher, who was reviewing his written sermon which he was preparing to deliver in his church the next morning. When he was in that process, he reached a particular paragraph in his draft sermon, whose theological foundation was somehow unconvincing. So he made a marginal note beside it in order to alert himself to that fact, in which he scribbled: “theology weak, shout”. The moral of this story is, basically, to warn people that they should avoid “shouting” in all cases where their argument becomes conspicuously weak.
And this appears to be the case in respect of THE CITIZEN’s editorial that we quoted above; which, in terms of our religious preacher’s story, unfortunately, amounts to ‘shouting, instead of ‘arguing’ ! And, again unfortunately, this has also been the misconceived view of many of the politicians belonging to the mainstream opposition parties in Tanzania, who have been repeatedly making unreasonable demands for the enactment of a “new” Constitution which, in their misconceived view, will allegedly “ make provision for an ‘independent’ electoral commission”; based on their flawed argument that “because all the members of that commission are appointed by the President who is at the same time also the national Chairman of the ruling party CCM, they are duty bound to favour the CCM Presidential candidate” !
I wish to submit that such argument is conspicuously weak, for the simple reason that the country’s Constitution vests in the President the powers to appoint all the top officials of all the three Branches, including the Judges of the High Court and the Appeal Court, the members of the Judiciary Branch. In such circumstances, is it really reasonable for anyone to claim, that because these Judges are appointed by the President, they are duty bound to favour the government in all cases in which the government is a party?
It could perhaps be, that the difficulty lies in their misinterpretation of the word “independent”. Their interpretation seems to be only that of being fully resistant to undue pressure, influence, or directives from any external sources. But this kind of independence is already guaranteed by articles 74 (7) and 74 (11) of the Constitution of the United republic of Tanzania, which which respectively provide that:“Tume ya Uchaguzi itakuwa ni Idara huru inayojitegemea”; and that “Katika kutekeleza majukumu yake kwa mujibu wa masharti ya Katiba hii, Tume ya Uchaguzi haitalazimika kufuata amri au maagizo ya mtu yeyote au Idara yoyote ya Serikali, au maoni ya Chama chochote cha siasa”
Thus, the Constitution is not the problem; an any new Constitution cannot provide the solution that is desired by the said Opposition parties. Thus, in all cases where the electoral commission happens to go astray, the authentic problem will be none other than the lack of individual leadership ethics on the part of the members of that commission; and this is a malady that cannot possibly be remedied by merely changing the method of their appointment. The correct remedy lies in the individual commission members themselves, who must always strictly observe the leadership code of ethics that legally binds them. For even if such members to be appointed by any other method, unless they genuinely commit themselves to observing the leadership code of ethics in the performance of their duties; they still will commit the same alleged offences.
I am fully aware, of course, that there are some people in all human societies, who are called “stooges”, which means “persons who are used by others to do things that are unpleasant or dishonest”.
However, in the instant case I am basing my argument solely on the moral quality of the persons who are generally appointed to be members of the electoral commission in many of our countries. In our own case, for example, ever since the reintroduction of the multi-party political dispensation, successive Presidents of the United Republic of Tanzania have consistently been appointing persons of the rank of Judges of the High Court to man the electoral commission of Tanzania. I presume there is no dispute that Judges are “men of high rank”, and have taken solemn oaths to undertake their responsibilities “without fear or favour”. It is thus inconceivable that such persons could be even suspected of becoming “stooges” of those who appointed them. “Thou shall not impute improper motives” . That is grand edict I would have added to the ten God’s Commandments had I been given a chance to review them. Hence, on the basis of this ‘ straight thinking’; it would, I believe, be a perfectly reasonable contention to say that where such malpractices have occurred, the perpetrators must have been motivated entirely by their own personal weaknesses and failings, that are totally unrelated to the method of their appointment. And further that such failings can only be attributed to a serious lack of the requisite leadership ethics in the particular individuals. “Politicians are the same everywhere”.
The Literature books abound with satire and innuendos directed at politicians. For example, the renowned war-time British Prime Minister, Sir Winston Churchill, is reported to have made the following statement: “Politics is the ability to foretell what is going to happen tomorrow, next week, or next year; and the ability to explain afterwards why it did not happen”.
And George Owen, that famous British novelist, wrote the following in his book titled “Politics and the English Language” : “In our time, political speech and writing are largely the defense of the indefensible”.
While on his part, Soviet Statesman Nikita Khrushchev is on record as having said that (translated from Russian) : “Politicians are the same everywhere. They promise to bring bridges even where there are no rivers”. And, in the same vein, the well-known French Army General and statesman, Charles de Gaulle, is also quoted as having said this (translated from French): “since a politician never believes what he says, he is surprised when others believe him”.
All such innuendoes were obviously intended for humour, but, coincidentally, they appear to fit perfectly the body sizes of some of our own country’s politicians. Take, for example, some of the statements made in the past by the veteran CHADEMA national Chairman Freeman Mbowe. He was reported by the print media some time in 2017, to have said the following in a speech delivered to his party followers in Tanga, when he was opening a new party Branch there : “You have taken much too long to defeat CCM in this Region” and warned them not to repeat the same mistake next time. And then, he reportedly warmed up and said: “ Magufuli will be an only ‘one-term’ President, because his rule does not care about human rights. We made a bad mistake in the first place to have elect him, since we are now all suffering as a result of that mistake”. He then made a personal commitment in the following words: “should Magufuli win a second term in 2020, I will retire from politics”.
It is this wholly unfulfilled commitment that appears to answer perfectly to those innuendos. But there are other bewildering instances. Many of our readers will probably remember the scathing attack which he launched against Edward Lowassa, when the latter announced his intention to participate in the Presidential election race on a CCM ticket in 2015; but then, suddenly, he totally reversed his view when Lowassa, having failed to secure the CCM nomination ticket quickly joined CHADEMA, with the sole intention of securing their nomination ticket for the said election. Many observers were left wondering where Chairman Mbowe’s earlier expressed convictions had flown to !
And this incident also appears to fit perfectly in some of the innuendos quoted above, particularly that by Charles de Gaulle, namely that “a politician never believes what he says, and is actually surprised when others believe him” ; or even that of Sir Winston Churchill, that “politics means the ability to foretell what will happen in future, and the ability (to get away with it employing some fictitious tales) to explain why it did not happen
piomsekwa@gmail.com / 0754767576.
Source: Daily News today.