Confusion in Constituent Assembly

 Constituent Assembly Chairman, Samwel Sitta

Several members of the Constituent Assembly have faulted Chairman Samwel Sitta’s appointments of the five members to the leadership committee.

They were speaking after the Civic United Front Chairman Prof Ibrahim Lipumba turned down his appointment by CA Chairman Sitta to the committee, blaming the ruling party for turning the CA into a CCM platform.

Prof Lipumba’s appointment to the streering committee was announced on Monday evening by the CA chairman Samuel Sitta who also named other members as Fakharia Khamis Shomar, Abuu Hamoud Jumaa, Mary Chatanda and Amon Mpanju.

Explaining his decision to turn down the appointment, Professor Lipumba said: “It seems the ruling party had already planned to maneuvre the constitution process by making sure almost all chairpersons constituting it are from CCM, and that no member from the opposition party was on the committee.

"The way I see it, is that if this trend continues we are not going to get the constitution of the people. At this juncture, chairman... I will not join the leadership committee; I don't like to be used by a group of people to attain their motives," he explained.

CA members who spoke said they were not satisfied with the election of committee chairpersons as majority of them are from the ruling party.

John Mnyika demanded clarification from the CA chairman on the leadership structure especially the criteria he used to appoint the five members who will join the twelve leaders chosen from the twelve committees.

Mnyika argued that the chairman’s appointment of the five members lacked equal representation for the Union and even the various groups in the assembly, because the majority was drawn from the ruling party (CCM).

"I am surprised that the leadership committee which is going to decide on sensitive issues such as the programme, the structure and  mode of voting does not comprise even one member from Chadema, which in fact it is the main opposition party in the country. This is a problem," Mnyika lamented.

Quoting regulation no 52 (2), a CA member, Mohamed Habib Mnyaa wanted to know why there are only three Zanzibaris elected as chairpersons.
"This has a big implication because from 19 members constituting the leadership committee, only four are from Zanzibar. And the regulation states that the vice chairman will only be allowed to enter the leadership committee if the chairman is absent."

"As you all know, the Union matter is a sensitive issue. How come Zanzibar is being represented by only four members and the majority of them are CCM." Is CA of CCM or for the United Republic of Tanzania?"

"This is what the Zanzibaris have been lamenting for years that they have been bulldozed in Union matters by the mainlanders. With this trend of bulldozing the Zanzibaris, we will not reach a consensus," he warned.

Another controversial CA member Kangi Lugora (CCM) said Chairman should ensure the minority are not swallowed by the majority (CCM).

"If we always say we should not swallow Zanzibar, why does CCM want to swallow the minority members in the CA?" Lugola asked.

Responding CA Chairman Samwel Sitta said not all decisions will be applauded by everyone, noting that one out of five members is from Zanzibar. 

He however said that it was not necessary that all opposition parties are representation. Sitta said in composing the committees he took into consideration both sides of the Union, gender, people with special needs and presence of members with knowledge of law as it is stated in section 55 of the Standing Orders.

 Sitta further said: "Such words like bulldozing Zanzibar are improper. Let us give chanced to the committee and see how it works and at the end of the day assess what they have done.”

He said the  proportion which some CA members are demanding  will never happen as the majority members constituting  assembly are from CCM and that is not the chairman's problem but because of ballots.

But speaking outside debating chamber here yesterday, CA member Rashid Hamad Mohammed said although Lipumba’s refusal was politically okay, he lost a golden chance to help Tanzanians.

 “This was a golden opportunity for him, because his party has many representatives in the CA. He could use his experience to contribute to the constitutional review,” he said.
Mohamed said Prof Lipumba could be used as a bridge that would convey a good message to both parties.
For his part a CA member Christopher Ole Sendeka said it was very difficult to satisfy every member of the assembly.

“The CA chairman has done what he was supposed to do. It was very difficult to appoint five members from various parties,” he said.

He urged all members to perform their duties according to the stipulated regulations which would ensure that Tanzanians finally get a good constitution.

Another CA member Victor Mwambalaswa congratulated Sitta for his decision, saying democracy has taken its course.

He said most of the elected members in various committees are from the ruling CCM because it has more members compared to the other parties.

“All committee leaders were elected by members so it was very difficult to go against the requirements,” he said.

Mwambalaswa allayed fears that the new constitution would not be available in time.
“It is our hope that this discussion on constitution review would be carried on as intended and we would get a new constitution in time,” he insisted.

Meanwhile barely a week after the Constitution Review Commission (CRC) Chairman Rtd Judge Joseph Warioba presented the second draft of the new constitution to the Constituent Assembly (CA); President Jakaya Kikwete has finally dissolved the commission.

However, the chairman, his vice or any other member of the dissolved commission might be requested to clarify some issues to the CA during discussions.

A statement from the Directorate of Presidential Communications to the media yesterday said the dissolution of the commission was with effect from March 19, 2014, just a day after Judge Warioba presented the second draft of the constitution to the CA.

The Constitution Review Act 83 as amended in 2013 gives powers to the President to dissolve the commission soon after presenting the constitution draft to the Constituent Assembly.
The statement said since CRC chairman Judge Warioba presented the second draft of the constitution to CA on March 18, 2014 and based on section 31 of the Constitution Review Act, the President of the United Republic of Tanzania dissolved the CRC on March 19 through government notice number 81 of March 21, 2014.

However, section 20(4) says the CA may invite the chairman, his vice or any member of the CRC to give clarifications on some matters.

“Despite the commission being dissolved…the secretary of the CA in collaboration with the CA Chairman can invite CRC chairman, his vice or any commissioner to give clarification that might be required during proceedings,” noted part of the statement.

On March 18, CA members convened to listen to Constitutional Review Commission Chairman Judge Warioba leading them through the second Constitution draft.

Judge Warioba failed to deliver his presentation on March 17 after some CA members calling themselves People’s Constitution Coalition (UKAWA) ‘systematically’ interrupted him, saying CA Chairperson Samwel Sitta had breached the Standing Orders by allowing Judge Warioba to table the draft before President Kikwete’s address. Sitta was forced to adjourn the proceedings on that account.source the Gurdian

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