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Thursday, April 5, 2018

When one branch of govt declares ‘I am the state’ it brings us to where we are today

Tanzania's President John Magufuli. PHOTO | FILE
Tanzania's President John Magufuli. PHOTO | FILE 
By ELSIE EYAKUZE
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Dear Online Friend.
This is in response to your challenge with regards to my open letter addressed to His Excellency President John Pombe Magufuli, which I pray was received with wisdom, kind indulgence and an
understanding of the amour patrie that underlay the endeavour.
Your premise is an important one: Why focus on the Executive when our government has three branches? Well, comrade, I hope that the Speaker of the House and the Chief Justice will forgive me if I address you instead of them.
L’etat, c’est moi. ‘I am the state.’ These words are famously attributed to Louis XIV, the Sun King of France and they succinctly express a sentiment that is so unfortunately common to men, and sometimes women, in office. As kings go, he was pretty formidable, yet even in a monarchy there are separations of powers. You cannot be all things to all people.
We are a Republic, in fact a United Republic, because we are also of and with Zanzibar, a fact we must respect.
Doesn’t that make ‘I am the state’ a much more interesting and nuanced concept? Hence the checks and balances, the delicate work of not crushing individualism while enabling the needs and wants of the majority, the constant conversation about how to do it.
We, the people, wrote ourselves a Constitution to try and figure it out. Unfortunately, the 1977 edition was kind of awful. Julius Nyerere, chief architect of this deliberately flawed document, admitted as much. He said, and I paraphrase: “Y’all better fix it because it concentrates too much power in the Executive.”
So we attempted reform a couple years ago. And then the process was deliberately stalled. So I come to the issue of the three branches.
They are meant to be independent, aren’t they, comrade? I came of political age under the speakership of the late Samwel Sitta, who embraced media in parliament as well as constructive debate from the opposition.
After decades of Pius Msekwa, you best believe it was refreshing. But if I wrote a letter to the current Speaker and his deputy, it would be nothing more than a sorrowful expression of extreme disappointment in what the House has become under their... whatever they are doing. Why go there?
Compromised technocrats
As for the Judiciary, I trust that the fellowship of lawyers, including the Chief Justice, do their best to quietly work in the interests of the Republic when and where they can.
They want to be legalistic technocrats. But. How independent, how professional can a judiciary be when so much is about presidential appointments? Learned friends, learned friends. You, too, are compromised.
Republics are complex organisms, one can focus on the top for the sake of impact, but I also have in mind the gigantic civil service that tries to run our government every day. These folks raised us. Much of what they do is thankless work, not well-paid, and we know that’s why there is a lot of corruption going on.
In brief, I reject the simplistic dichotomy of an us-versus-them situation. There is only an us. Once one embraces that, the classic tactic of divide and conquer loses its potency completely. Do not be divided, ergo... do not be conquered.
This is the basic premise of the current activism we are witnessing. We are trying to be a republic not just on paper, but in reality. Tanzania is not only made up of disgruntled students and broke taxpayers and Kihansi Spray Toads and women farmers who keep us all fed while trying to get back to school because some horrible person made education and reproduction incompatible.
It is also made up of police officers who are now facing the prospect of being ordered to harm fellow Tanzanians, and tired civil servants, and mothers and fathers and innovators and dreamers and athletes who are vegan and Babus who can out-walk everyone else at marathons, and immigrants, and emigrants and retirees who just want all the noise to stop.
As you know, our national coat of arms has a woman and a man holding up a shield over the saying ‘Freedom and Unity.’ It is inherently inclusive. I don’t think democracy has any easy answers, I think democracy has all the essential questions.
But as long as power is concentrated in one individual, I am afraid, comrade, that most of the letters will just have to continue to be addressed to the Executive branch.
One of the biggest challenges of pluralism is that with 50+ million people in a polity, we’re not going to agree on how to do things. That is fantastic! Nobody should have The Answer. That’s the interpretation of ‘I am the state’ that I hope to advance.
It might result in a living constitution that is worthy of this beautiful country and her people, to begin with. We’ll talk about the New Pan Africanism in further correspondence.
Comrade, I hope I have answered your challenge adequately, and look forward to your further work. Peace be with you.
Elsie.
Elsie Eyakuze is a consultant and blogger for The Mikocheni Report. E-mail: elsieeyakuze@gmail.com

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