By Adonis Byemelwa
In Tanzania, the debate over the Electoral Commission intensifies, with opposition parties ACT Wazalendo and Chadema challenging the notion that a mere change in name guarantees true independence.
This echoes a broader sentiment that semantics alone cannot ensure impartiality in electoral processes. While the focus has often been on labels, the heart of the matter lies in the commission’s structure, operation, and budgetary capabilities.
Amidst this discourse, a poignant line from “The Shawshank Redemption” finds relevance. Spoken by the character Andy Dufresne, portrayed by Tim Robbins, the line resonates with the idea of persevering through challenges and finding hope even in the darkest of circumstances.
Similarly, George Bernard Shaw’s “Pygmalion” underscores the transformative power of education and guidance, shedding light on the influence of perception and social status.
This discourse draws heavily from the scholarly work of Nic Cheeseman and Jorgen Elklit, who provide a comprehensive framework for assessing electoral commission independence. According to their criteria, true independence is determined by the institution’s legality, leadership composition, professionalism, and credibility before the public.
Dorothy Semu, leader of ACT Wazalendo, emphasizes the need for a commission whose members align with the spirit of the new law. She advocates for a fresh selection process to ensure that the commission embodies the principles of fairness and impartiality envisioned by the reforms.
On the other hand, Chadema maintains its steadfast stance, asserting that superficial reforms such as a change in name are insufficient. They argue for constitutional amendments as the cornerstone of meaningful electoral reform, underscoring the importance of substantive changes rather than cosmetic adjustments.
As the discourse unfolds, comparisons with other African countries’ electoral commissions provide valuable insights. The experiences of Kenya, South Africa, Senegal, and Malawi serve as poignant examples, highlighting the importance of ethical leadership and institutional professionalism in ensuring electoral integrity.
In Kenya, despite the establishment of the Independent Electoral and Boundaries Commission following constitutional changes in 2010, Cheeseman’s research revealed lingering doubts about its true independence. Similarly, South Africa’s Electoral Commission, while widely praised, owes its credibility to constitutional reforms rather than mere nomenclature.
In contrast, Senegal and Malawi offer alternative models of electoral governance. Despite not bearing the label of independence in their names, their electoral commissions have earned praise for conducting free and fair elections. This highlights the notion that true independence transcends labels, relying instead on the ethical makeup of the commission and associated institutions.
Tanzania grapples with these complexities, the stakes are high. With crucial elections on the horizon, the sincerity of the ruling party in ensuring an impartial commission will be closely scrutinized. The outcome of this debate will not only shape the trajectory of Tanzania’s democracy but also set a precedent for electoral governance across the continent.
In conversations with key stakeholders, including the Tanzania Women Lawyers Association (TAWLA) and Deputy Chairman of ACT Wazalendo, Isihaka Mchinjita, divergent perspectives emerge. TAWLA underscores the legal complexities involved in replacing current commission members, citing valid contracts that cannot be arbitrarily terminated.
Conversely, Mchinjita emphasizes the need for decisive action, arguing that the government can establish procedures to expedite the appointment of new members in line with the requirements of the new law. He contends that such actions are essential to demonstrate the ruling party’s commitment to genuine electoral reform.
Tanzania finds itself at a pivotal juncture in its democratic journey, with the trajectory of its electoral commission holding profound implications for the nation’s future. As the government faces mounting pressure to enact meaningful electoral reform, prominent voices from various sectors of society are amplifying their calls for substantive change.
Renowned journalist Jenerali Ulimwengu recently likened conducting elections without addressing flaws in the electoral commission to trying to fit round pegs into square holes. Drawing on the wisdom of former Chief Justice Francis Nyalali, Ulimwengu emphasized the importance of carefully laying the groundwork for a new political dispensation rather than rushing into multipartyism.
The Legal and Human Rights Centre (LHRC) has raised significant concerns regarding the composition and funding of the electoral commission. According to the LHRC, the inclusion of civil servants in the commission undermines the principle of impartiality, as these individuals may feel compelled to favor the ruling system to protect their jobs.
Additionally, the LHRC questions the commission’s financial autonomy, noting that sourcing funds from the government budget rather than the consolidated fund compromises its independence.
Echoing these sentiments, the Human Rights Center has called on the government to ensure that the electoral commission receives funding from the consolidated fund rather than relying on allocations from the Prime Minister’s office as a form of charity. This move, they argue, would help safeguard the commission’s autonomy and impartiality.
The Tanzania Episcopal Conference, in collaboration with the Tanzania Constitutional Forum, recently surveyed countries with independent electoral commissions. Presenting their findings to various religious organizations and human rights activists, TEC secretary Fr. Dr. Charle Kitima highlighted Kenya and South Africa as examples worth emulating.
Kitima emphasized the rigorous vetting processes and non-partisan nature of these commissions, stressing the importance of ensuring that commission members are not affiliated with any political party.
Furthermore, Deus Kibamba, executive director of the Tanzania Constitutional Forum, emphasized the need for impartiality within the electoral commission. Drawing a contrast with the 2020 civic elections, where opposition contenders accused of administrative errors were arbitrarily removed from the electoral process, Kibamba underscored the importance of upholding the rule of law to maintain peace and tranquility in the country.
Tanzania faces a critical juncture in its electoral governance. With voices like Jenerali Ulimwengu, the LHRC, the Human Rights Center, the Tanzania Episcopal Conference, and the Tanzania Constitutional Forum clamoring for change, the urgency for substantive electoral reforms is undeniable.
Tindu Lissu’s skepticism over the new name of the electoral commission and Zitto Kabwe’s call for acknowledging partial changes inject nuance into the discourse. While President Samia Suluhu Hassan’s efforts should be acknowledged, unwavering commitment to impartiality, financial autonomy, and the rule of law is imperative. Tanzania’s democratic future hangs in the balance.
