Government Spokesperson, Mobhare Matinyi Photo Courtesy
By Adonis Byemelwa
In a significant development, the Tanzanian government has announced the transformation of the National Electoral Commission (NEC) into the Independent National Electoral Commission. This change, set to take effect on April 12 this year, follows the completion of amendments to the National Electoral Commission Act to enhance the commission's performance and the electoral process.
The information regarding the change of name of NEC was issued today, Wednesday, April 10, 2024, by the Government Spokesperson, Mobhare Matinyi. In the statement, Matinyi made it clear that the official change of name of the commission will commence on April 12 this year.
The implementation of this name change, he said, will coincide with the enforcement of the new laws announced in the Government Gazette at the end of March 2024.
"We would like to inform all media outlets that, following Government Notice No. 225 of March 29 this year, the Independent National Electoral Commission Act No. 2 of 2024, will officially commence on April 12, 2024," Matinyi's statement said.
One of the analysts in internal affairs argues: does one become a Christian by changing their name from Abdulkareem to Alexander? The legislation, including Law No. 02 of 2024, has sparked widespread debate and concern among citizens and analysts, particularly regarding the perceived lack of independence of the newly named commission.
Critics argue that despite the rebranding, the commission remains susceptible to political influence due to provisions granting the President authority to appoint key officials, such as the Chairman, Vice Chairman, and Director.
"Labeling the commission as 'Independent' creates a misleading impression of autonomy, especially considering the President's influence over appointments, which may impact electoral impartiality," remarked Chadema cadre and human rights activist, Mdude Nyagali.
Furthermore, concerns have been raised about specific provisions within the Law on the Election of the President, Members of Parliament, and Councillors (Law No. 01 of 2024). Section 36 grants the Registrar of Political Parties the power to object to and disqualify candidates, a role critics deem as exceeding the Registrar's defined authority.
Similarly, Section 37(3) empowers the Attorney General to object to candidates, potentially leading to their disqualification, raising questions about the Attorney General's impartiality, particularly concerning the incumbent President's reelection.
"Granting such powers to the Registrar and the Attorney General may undermine the integrity of the electoral process," stated Mdude Nyagali.
Additional contentious sections such as 54(1), (2), 38(1), (2), 85(2)(m), 94(1)(e), 103(1)(h), and 104(1)(h) have drawn scrutiny for their potential impact on electoral fairness and transparency. These sections grant the Electoral Commission authority to disqualify candidates based on objections raised by the Attorney General or the Registrar, potentially resulting in a single-candidate race reminiscent of the single-party era.
"Including provisions that enable the disqualification of candidates based on objections from partisan figures may compromise the democratic principles of fair representation," expressed Mdude Nyagali.
Moreover, controversial provisions allowing police presence inside polling stations during voting, counting, and results announcements have raised concerns about the integrity of the electoral process.
"The presence of police inside polling stations during crucial electoral processes raises questions about voter intimidation and coercion," warned Mdude Nyagali.
In response to these developments, leaders of Tanzanian youth councils convened at the headquarters of ACT-Wazalendo in Dar es Salaam to voice their opposition to the proposed electoral bills. Idris Mkanza, Youth Secretary of CUF, emphasized concerns over council directors' potential involvement in electoral oversight, citing fears of bias and advocating for transparent recruitment processes based on qualifications.
"We aim to ensure that electoral processes remain impartial and free from undue influence, which necessitates transparent and merit-based appointments," asserted Idris Mkanza.
Abdul Nondo, Chairman of ACT-Wazalendo's Youth Stronghold, condemned provisions barring individuals convicted of sentences exceeding six months or life imprisonment from voting, calling for their repeal to align with constitutional principles.
"We must uphold constitutional principles of universal suffrage and ensure that all citizens, regardless of their past, have the right to participate in the democratic process," advocated Abdul Nondo.
These developments underscore growing apprehensions over the fairness and transparency of future elections in Tanzania, as citizens and stakeholders closely monitor the evolving electoral landscape.
