Tanzanian Electoral Laws Trigger Alarms as Opposition Discontent Looms Large

By Adonis Byemelwa

The recent enactment of laws shaping Tanzania's Electoral Commission and election conduct has sparked widespread concern among citizens, fueling apprehensions of potential manipulation by those in authority. As the nation braces for civic elections this year and the pivotal 2025 general elections, President Samia's strategic reshuffles within electoral structures intensify suspicions of partisan interference aimed at fortifying strongholds against opposition influence.

The legislation establishing the Electoral Commission, referred to as Law No. 02 of 2024, has faced scrutiny due to a perceived lack of independence. Critics highlight that under this law, the President holds the authority to appoint the Chairman, Vice Chairman, and Director of the commission, potentially compromising the impartiality of the electoral process.

Chadema cadre and human rights activist, Mdude Nyagali, argued that labeling the commission as "Independent" in the law is misleading, considering the President's influence over the appointment of electoral overseers, especially when the President may be a candidate in the elections.

Moreover, provisions within the Law on the Election of the President, Members of Parliament, and Councillors (Law No. 01 of 2024) have stirred further alarm. Section 36 grants the Registrar of Political Parties the power to object to and disqualify candidates participating in elections, a role critics argue exceeds the Registrar's authority defined by the Political Parties Act.

Section 37(3) empowers the Attorney General to object to candidates, potentially leading to their disqualification. Concerns have been raised about the Attorney General's impartiality, particularly when the incumbent President seeks re-election.

Additionally, Sections 54(1), (2), and 38(1), (2) authorize the Electoral Commission 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 under Nyerere.

Controversial provisions like Sections 85(2)(m), 94(1)(e), 103(1)(h), and 104(1)(h) allow police presence inside polling stations during voting, counting, and results announcements, deviating from previous regulations restricting police presence to outside polling stations for security reasons. This raises concerns about the integrity of the electoral process.

Section 92(2) grants the Electoral Commission, the Director of Elections, and Election Supervisors the authority to relocate vote counting to alternate locations if they deem a polling station unsafe or inadequate.

The cumulative effect of these laws has sparked widespread concerns among citizens regarding the fairness and transparency of future elections, with many fearing a repeat of the unrest witnessed in the 2019 and 2020 elections.

In a significant display of dissent, leaders of Tanzanian youth councils convened at the headquarters of ACT-Wazalendo in Dar es Salaam today, January 2, 2023, to strongly oppose proposed electoral bills. Their unified stance underlines concern over perceived flaws and contradictions within the proposed legislation, particularly to the revered 1977 Tanzanian Constitution.

Idris Mkanza, the Youth Secretary of CUF, took a firm stand against the potential involvement of council directors in electoral oversight, citing fears of bias due to alleged affiliations with the ruling CCM party. He called for the removal of Sections 6(1) and 6(2) from the electoral law bill, advocating instead for a transparent recruitment process by the National Electoral Commission based on qualifications and open interviews. Mkanza also criticized the direct appointment of the Commission's Chairperson and Vice-Chairperson by the President, urging for a more equitable selection process.

Echoing Mkanza's sentiments, Abdul Nondo, Chairman of ACT-Wazalendo's Youth Stronghold, condemned a provision in the electoral law bill that bars individual convicted of sentences exceeding six months or life imprisonment from voting. Nondo argued that this clause contradicts constitutional principles and called for its repeal, drawing attention to global precedents where prisoners are granted voting rights.

However, amidst the fervent opposition to the bill, Zitto Kabwe, leader of ACT-Wazalendo, took a different stance by criticizing Chadema demonstrators protesting against the bill. His remarks have stirred controversy, sparking discussions about the unity and coherence within the opposition parties, with speculations arising about potential similarities to the ruling CCM party.

In response to criticisms, Kinana addressed a new law on February 3, 2024, emphasizing its significance and addressing opposition concerns. Despite recognizing positive aspects, Kinana urged Chadema to unite with Tanzanians and refrain from protests, emphasizing the law's alignment with national and international standards.

Former President of the Tanganyika Law Society, Dr. Rugemeleza Nshala, also criticized the bill amending electoral laws, citing flaws in the retention of presidential power to appoint electoral officials. He highlighted discrepancies between promises of compromise and the actual content of the bills.

On January 2, 2023, leaders of youth councils and strongholds voiced their opposition to the proposed bills, citing deficiencies and inconsistencies with the 1977 Tanzanian Constitution. They particularly objected to the involvement of council directors in overseeing elections, calling for revisions to ensure the independence and integrity of the electoral process.

The growing discontent and mistrust in the government's handling of electoral processes in Tanzania are ominous signs of looming instability. With opposition leaders and youth councils vehemently opposing proposed electoral bills, concerns about biased oversight and flawed procedures cast a shadow over the credibility of future elections.

Without fundamental changes to restore trust and ensure transparency, Tanzania risks plunging into chaos and undermining the democratic fabric of the nation. Urgent measures must be taken to address these concerns and uphold the integrity of the electoral system before it's too late.