Government re-establishes Katiba writing process

SYLIVESTER DOMASA

Constitution and Legal Affairs Minister, Prof Palamagamba Kabudi.

THE government has resumed re-establishing the Constitution writing process, nearly two years after suspending it indefinitely.

The process was stopped through the suspension of a referendum following delays in the preparation of voters’ register and limited timeframe before the 2015 general election.

A panel in charge of making revision of laws is now reviewing Constitution writing legal frameworks to ascertain better practice to spice up the process, according to Constitution and Legal Affairs Minister, Prof Palamagamba Kabudi.

The Minister told the Constitution and Legal Affairs Committee here yesterday that “the government comprehends the need for the country to have a new charter.” But, he explained that the new administration under President John Magufuli had to make comprehensive review of the structure and operational systems.

“After the completion of such task, the government is now going through relevant laws regarding Constitution writing process with the purpose of identifying good practices of continuing the process,” Prof Kabudi told the Parliamentary committee.

“Leaders now read, pronounce and sign code of ethics oaths as they are sworn into power,” the Minister and former Constitution Review Commission (CRC) member said. “In addition, the President has lowered the number of cabinet ministers from 60 to 18, this is what the new Constitution suggested.”

The new Constitution will replace the one passed in 1977 under single-party system. However, the prolonged delays had heightened tensions over the charter, with Tanzania Constitution Forum urging the President to allocate a special fund during the FY2017/18 for the process.

Constitution and Legal Affairs Ministry recommended the Committee to approve 159.3bn/- for the next financial year, a decrease of 4.4 per cent or 191.45bn/- approved by the Parliament last year. The new estimates proposed to the committee yesterday, does not include funds for referendum on a new constitution.

A member of the Committee and Bahi MP, Mr Omary Badwel (CCM), wondered why the ministry had not tabled a specific timeframe to complete the Constitution writing process, which was clearly stated in the ruling Chama Cha Mapinduzi (CCM) election manifesto.

“The public have higher expectations on the government considering the fact that the huge work is done,” he observed. According to the lawmaker, the government must immediately review the outdated law limiting the accomplishment of the constitution writing process.

The Committee is expected to deliberate on the proposed budget today, after postponing it yesterday following to the death of Special Seats MP Dr Elly Macha (Chadema). Members of the Committee had earlier raised concern over decreasing budget casting doubts whether key issues including construction of Attorney General’s Offices in Dodoma would be attained.

MPs further said that the Commission for Human Rights and Good Governance (CHRGG) was at ‘death bed’ due to financial constraints with the unit in Pemba only receiving 100,000/- as OCs.

In his response, Prof Kabudi said the new estimates does not include development partners such as the World Bank who expressed interest in helping to finance construction of courts in the country.

“The budget will go up. In the next financial year, the government has increased it by 57 and 53 per cent budget for CHRGG and the Director of Public Prosecution (DPP) respectively to improve access to justice in the country,” he noted.