An Urgent Plea To Friends Of Tanzania On Political Liberties

By Andrew Bomani*

Every 1st of February in Tanzania is what is observed as Law Day. This hallowed day by intentions had me imagining for years that it was an internationally marked event only until I read about its origins fairly recently from a former Speaker of the Tanzanian Parliament, Pius Msekwa, who was familiar with it from the period he served as the Speaker. He revealed that its prime mover was the late Chief Justice, Francis Nyalali, and it was initially meant only for the judiciary and broader legal fraternity. The head of the legislature and executive in the person of the president of the republic would come to be incorporated in the commemoration. 

I honestly wonder though what has been the ultimate outcome of such an inimitable event when one considers that we ended up with President John Magufuli, who brazenly trampled over liberties well before his unimaginable ascendancy to the presidency. Magufuli would as head of state then go onto preside over Law Day and in a particular year, a former Iron Lady president of the Tanganyika Law Society, Fatma Karume, threw officialdom into a panic by refusing to be downgraded in her role. She opted to stay away and it ended up being a sole government affair. 

My article today attempts to shine a spotlight on an absolutely nauseating law matter that Tanzanians and friends of Tanzania must be made fully aware about. This is to do with the registration of political parties. This goes back to 2014 - the last time a political party was registered. The president then was Jakaya Mrisho Kikwete. 

It is now over a year that we applied for registration and even letters of response pose a major headache. Some of us have always been made aware that “justice delayed is justice denied”. It is over three months since we received a letter from the Office of the Registrar of Political Parties (ORPP), which was informing us that they are still working on the last papers we had submitted to them. As it were, a lot of the paperwork is the same old stuff we had provided them before. So from the time of our application for registration until now we are talking of 13 months. Imagine 13 months seeking only provisional registration! We were by now supposed to be a fully registered party in the thick of battle. 

How we were looking forward to being fully counted in any by-elections as there is no better way to test one's appeal to the public. Amid all the strains and stresses, we came to learn last December of another grouping of people who have undergone a worse plight than us. They are known as Action for Human Justice (AHJ - Wajamaa).

This grouping out of desperation went to the extent of writing to President Samia Suluhu Hassan in December and have received no reply since. We've actually seen their open letter and met with them to compare notes. They had actually applied for registration way back in 2016 when Magufuli was in the driving seat and underwent all manner of frustrations like us related to having to prove their citizenship. They in the process paid the secretive and hefty one million shillings fee for temporary registration. 

One of the issues they also bring up concerns procedural infractions whereby according to the law, the ORPP is supposed to publish in at least two national newspapers, Kiswahili and English, information related to the name of the party, flag or colour in order to give an opportunity for any objections from the public. Nothing of the sort ever happened. 

To illustrate further the diabolical workings of the ORPP, in July 2023, the Registrar, one rogue Justice Francis Mutungi, announced that he was putting on hold any registration processes in order that he first completes an evaluation of the existing parties. All gobbledegook! That is just how chutzpah the man is. One’s bête noire! And following whatever evaluation he claimed to be doing, there has been no word on the registration of any political parties. 

This now brings me back to the whole meaning of Law Day that is marked with great pomp. Our experience of the OPPR trampling on the application of the law is a real cause for mourning. It is appalling that amongst the legal profession, for the most part, what is apparent is a display of indifference. Any lawyer worth his or her salt would be aghast at the workings of the ORPP. It was against this state of affairs that the serious thought crossed my mind that it was necessary for direct action on Law Day in the full presence of the head of state. I had previously thought of some form of protest when Samia addressed a meeting in Dar es Salaam of democracy stakeholders a few months ago. 

The big hindrance though with pursuing direct action is that it requires inordinate financial resources that we just don't have to spare. We would otherwise mobilise like never seen before. 

It is also so nauseating to hear Justice Mutungi express disquiet on the timing of the application of some individuals to register a political party. 

I wish he could be told that in the Republic of South Africa, there are over 350 political parties, out of which at least twenty sought registration in the lead-up to their most recent general election. In Tanzania just the registration of one political party is a Herculean effort. I find it incredulous when Mutungi and his ilk harp on about Samia's 'lofty' 4R's when just the fundamental liberty to form a political association is viewed with deep suspicion. Ours is a sham democracy! 

As I conclude this piece, I make an urgent plea to all friends of Tanzania to intervene to alleviate the tragedy that has befallen us and has eerie echoes of Magufuli's era. When someone is facing life danger in their own home and cannot easily turn to their family or relatives, the only choice is to run to others for assistance. The people of Tanzania desperately need to have proper choices as we gear up for the 2025 general election. The period for permanent registration is six months although it can be completed earlier depending on the state of the respective party. If one can't read a nefarious agenda of suffocation from the government side, I don't know. 

*Andrew Bomani is the co-founder of the Independent People's Party. He can be reached at  a_bomani@yahoo.com