DAR ES SALAAM: IN the previous article, I examined how Tanzania’s constitutional and legal framework provides mechanisms through which complex national questions can be investigated through commissions of inquiry. An important point, however, is that such mechanisms are not unique to Tanzania.
Around the world, governments have frequently relied on commissions of inquiry when societies face difficult moments that require careful investigation, public reflection, and credible recommendations.
The use of such institutional mechanisms often reflects a certain level of political and governance maturity. Countries that choose structured, lawful processes to examine sensitive national issues demonstrate a willingness to confront challenges through dialogue, evidence, and institutional accountability.
In Tanzania’s case, this maturity is particularly significant given the country’s stature in East Africa, the Southern African Development Community (SADC), the African continent, and the Global South more broadly.
Over the years, Tanzania has played an important role in promoting peace and stability beyond its borders.
It is worth recalling that Tanzania has been at the forefront of several Africa-wide peace mediation initiatives. Historic contributions by former presidents Julius Nyerere, Benjamin Mkapa, and Jakaya Kikwete have helped shape mediation and peacebuilding efforts across the continent.
These contributions were themselves built on an even earlier legacy. Tanzania played a decisive role in supporting the liberation struggles that brought independence to many African countries during the era of decolonisation.
That commitment was strongly influenced by the philosophy of Mwalimu Nyerere, who often emphasised that Tanganyika’s independence would have little meaning if the rest of Africa remained under colonial rule – a reflection of his deep commitment to Pan-African solidarity.
It is this historical premise that continues to shape Tanzania’s identity and standing in regional and continental affairs.
Seen from this perspective, the decision to establish a Commission of Inquiry to examine the events surrounding the October 2025 elections can also be understood as part of a broader effort to address national concerns through institutional means while safeguarding the country’s long-standing reputation as a unifier and peace builder in Africa.
International experience also shows that commissions of inquiry have long served as structured instruments for establishing facts and promoting accountability when nations face difficult moments.
In South Africa, for example, the Truth and Reconciliation Commission was established in 1995 following the end of apartheid.
The commission, chaired by Archbishop Desmond Tutu, was mandated to investigate gross human rights violations committed during decades of racial segregation and political repression.
Through public hearings, victims and perpetrators were given an opportunity to testify, helping the country confront painful truths while laying foundations for reconciliation and national healing. Rwanda also adopted similar mechanisms in the aftermath of the 1994 genocide.
Alongside formal judicial processes, the country established the community-based Gacaca Courts to investigate crimes, hear testimonies from victims and suspects, and promote accountability at the local level.
These processes sought not only to establish responsibility for atrocities but also to rebuild social trust and promote reconciliation within communities that had been deeply divided by violence. Closer to home, Kenya relied on a commission of inquiry following the violence that erupted after the disputed 2007 elections.
The Commission of Inquiry into Post-Election Violence was tasked with examining the causes of the violence, identifying those responsible, and recommending measures to prevent similar crises in the future.
Its findings played an important role in shaping subsequent legal and institutional reforms in Kenya. Experiences such as these illustrate a broader international pattern.
When serious national questions arise, states often establish independent investigative bodies to gather evidence, hear from affected parties, and recommend reforms aimed at restoring stability and strengthening public trust. Other countries have also relied on similar mechanisms when confronting complex national issues.
In the United Kingdom, for example, public inquiries have been established to examine major national incidents, such as the Hillsborough disaster and the Grenfell Tower fire.
These inquiries have involved extensive evidence gathering, testimony from affected families, and detailed examination of institutional failures in order to establish the facts and recommend reforms.
In countries such as Canada and Australia, investigative panels and royal commissions have similarly been used to examine matters ranging from indigenous rights and historical injustices to failures in public institutions and regulatory systems.
These processes often involve public hearings, expert testimony, and comprehensive reports designed to inform policy reforms and restore public confidence.
In each of these cases, commissions and public inquiries have provided structured forums through which societies can better understand difficult national issues, establish factual records, and recommend solutions aimed at preventing similar challenges in the future.
Seen against this global background, Tanzania’s use of commissions of inquiry should therefore be understood as part of a widely recognised institutional practice rather than an exceptional measure.
Over the years, the country has also relied on such mechanisms to address matters of national importance through structured processes of consultation and investigation.
Indeed, Tanzania has a long history of establishing commissions to examine major national questions and guide important public decisions.
Some of these commissions have played particularly influential roles in shaping the country’s political and institutional development.
One of the most widely known examples is the Presidential Commission on the Single-Party or Multiparty System, commonly referred to as the Nyalali Commission.
Established in 1991 and chaired by the then Chief Justice Francis Nyalali, the commission was tasked with examining whether Tanzania should continue with its single-party political system or adopt multiparty democracy. It conducted extensive consultations across the country, gathering citizens’ views on political governance.
Its recommendations contributed to the reintroduction of a multiparty political system in 1992, marking one of the most significant political reforms in Tanzania’s modern history.
Another notable example is the Constitutional Review Commission, widely known as the Warioba Commission, which operated between 2011 and 2014 under the leadership of former Prime Minister Joseph Warioba.
The commission travelled widely across the country, collecting views from citizens and stakeholders regarding possible constitutional reforms. Its work produced an extensive report and a draft constitution reflecting a broad range of public opinions on the future direction of governance in Tanzania.
Tanzania has also more recently relied on similar mechanisms. In 2023, the Government established the Criminal Justice System Review Commission chaired by retired Chief Justice Mohamed Chande Othman.
The commission was tasked with examining challenges within the country’s criminal justice system and recommending reforms aimed at strengthening the administration of justice.
After extensive consultations with institutions and stakeholders across the justice sector, the commission produced findings and recommendations that were widely regarded as relevant by many of the key actors involved in the justice system.
Experiences such as this illustrate an important point: the credibility of any commission of inquiry depends not only on its legal mandate but also on the professional background and integrity of the individuals entrusted with carrying out its work.
It is in this context that the composition of the current Commission of Inquiry becomes particularly significant.
The Commission is chaired by retired Chief Justice Mohamed Chande Othman, one of Tanzania’s most distinguished jurists with extensive experience in judicial administration, international law, and human rights.
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Justice Othman served as Chief Justice of Tanzania from 2010 until his retirement in 2017, having previously served as a Justice of Appeal and a Judge of the High Court. Over the course of his career, he has gained international recognition for his work in the areas of international justice and accountability.
His international assignments under the auspices of the United Nations include serving as Chair of the Independent International Fact-Finding Mission for Sudan and leading a United Nations panel of experts that examined new evidence relating to the death of former UN Secretary-General Dag Hammarskjöld.
Earlier in his career, he served as a senior prosecutor at the International Criminal Tribunal for Rwanda, contributing to international efforts to prosecute crimes arising from the 1994 genocide.
Justice Othman has also played an important role in global justice initiatives connected to the International Criminal Court, including serving as a member of expert panels reviewing the Court’s performance and contributing to discussions surrounding the establishment of its legal framework.
In addition, he previously served as Prosecutor-General in Timor-Leste during the United Nations transitional administration, where he was responsible for prosecuting serious crimes arising from the country’s independence conflict.
Supporting the Chair is retired Chief Justice Ibrahim Hamis Juma, who served as Tanzania’s Chief Justice from 2017 to 2025. Prior to his appointment as Chief Justice, he served as a Justice of Appeal, a High Court judge, and a Professor of Law.
During his tenure as Chief Justice, he oversaw significant reforms within the judiciary aimed at improving efficiency and institutional performance. He also previously chaired the Law Reform Commission and served as Chairperson of the Judicial Service Commission.
The Commission also benefits from the experience of Ambassador Ombeni Yohana Sefue, a senior diplomat and former Chief Secretary of the Tanzania’s government.
In that capacity he served as Secretary to the Cabinet, Secretary of the National Security Council, and Head of the Public Service.
Ambassador Sefue has also represented Tanzania internationally as Permanent Representative to the United Nations and as Ambassador to the United States and Canada. Beyond diplomatic service, he has also contributed to continental governance initiatives through the African Peer Review Mechanism.
Another member is retired Inspector General of Police Said Ally Mwema, who led the Tanzania Police Force during a period of major institutional reforms, including the strengthening of community policing initiatives.
During his tenure, the police also intensified efforts to combat transnational crime, terrorism, human trafficking, and illicit drug trafficking.
Earlier in his career he served as head of the Interpol SubRegional Bureau in Nairobi.
The Commission further includes Ambassador and retired Lieutenant General Paul Ignace Mella, who served both in senior military command and diplomatic assignments.
As a senior officer in the Tanzania People’s Defence Force, he participated in numerous peacebuilding efforts and served as Force Commander for United Nations peacekeeping forces in Darfur.
More recently, he also served within the East African Community mediation team addressing the conflict in eastern Democratic Republic of Congo.
Diplomatic expertise is further represented by Ambassador David Joseph Miyeye Kapya, who has been closely involved in several regional peace initiatives.
He previously served as Special Assistant to former President Benjamin William Mkapa in mediation efforts in the Great Lakes region, including negotiations related to the conflicts in the Democratic Republic of Congo, Sudan, Burundi and Zimbabwe. He also contributed to mediation initiatives undertaken by the African Union.
The Commission also includes Ambassador Radhia Naima Msuya, a senior career diplomat who has represented Tanzania in several countries including South Africa and has covered diplomatic responsibilities for Namibia, Botswana, Lesotho, and the Southern African Development Community. In recognition of her diplomatic contributions, she was awarded the National Order of Merit by the President of France.
Another member is Dr Stergomena Lawrence Tax, a senior leader with extensive experience in regional integration and international diplomacy.
She served as Executive Secretary of the Southern African Development Community from 2013 to 2021 and has also held senior ministerial positions in Tanzania, including Minister for Foreign Affairs and East African Cooperation and Minister for Defence and National Service.
Completing the membership is Ambassador George Madafa, a retired senior government official with extensive experience in security and intelligence affairs.
In addition to serving as Tanzania’s Ambassador to Italy, he has participated in several presidential commissions and committees examining governance and national security matters.
Experiences such as these illustrate how individuals entrusted with leading commissions of inquiry often bring with them a combination of national judicial experience, diplomatic engagement, security expertise, and international exposure to complex investigative processes.
This breadth of professional background can play an important role in strengthening public confidence that commissions are capable of conducting their work with independence, expertise and credibility.
Wananchi and stakeholders alike are therefore encouraged to place their trust in the Commission and allow it the space to complete its work.
With the calibre of experience and professionalism represented among its members, the Commission has both the capacity and responsibility to examine the issues carefully and guide the nation toward constructive solutions.
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