Zanzibar Controversy: Proposal to Extend President Mwinyi’s Term Sparks Constitutional Crisis

By Adonis Byemelwa

A proposal to extend President Hussein Mwinyi's term to seven years has ignited a firestorm of criticism across Zanzibar’s political landscape. On June 24, Dr. Mohamed Said Dimwa, deputy secretary general of the ruling Chama Cha Mapinduzi (CCM) in Zanzibar, suggested the extension during a meeting in Kiembesamaki Dimani.

 However, his remarks were swiftly denounced by the Zanzibar State House, former CCM leaders, and opposition members, highlighting a significant rift within the country's political discourse.

Dr. Dimwa claimed that the CCM National Executive Committee (NEC) had endorsed extending Mwinyi's term due to his impressive implementation of the CCM Manifesto for 2020–2025, achieving over 100% of targets in just over three years.

 Despite these claims, the Zanzibar State House issued a statement disavowing Dr. Dimwa’s proposal, stressing that it did not reflect President Mwinyi’s views. The statement, signed by Government Spokesperson Charles Hilary, emphasized that Mwinyi is committed to upholding the constitution, which stipulates a five-year presidential term.

The State House further clarified that the opinions suggesting the extension and the postponement of the next year’s election were neither beneficial to the country nor aligned with CCM's democratic principles. President Mwinyi urged those with differing views to cease the debate, reaffirming his respect for the established electoral procedures.

Opposition party ACT Wazalendo was quick to criticize the proposal, calling it a sign of panic over governance failures.

Party cadre Mansoor Yusuf Himid, addressing a rally, argued that the electorate should judge CCM’s achievements over the past three years. Vice Chairman Ismail Jussa Ladhu echoed these sentiments, condemning the term extension talks as undermining democratic principles.

Former CCM Secretary General Pius Msekwa also expressed his dismay, emphasizing the need to respect the constitution. He recalled similar failed attempts to extend presidential terms during Salmin Amour's leadership and urged a reflection on history to rectify current perspectives. Msekwa stressed that the constitution should not be altered based on the whims of certain groups, but only through proper procedures if a genuine need arises.

CCM Secretary for Ideology, Publicity, and Training, Amos Makalla, clarified that the party has no plans to extend President Mwinyi’s term. He noted that the budget for all elections has been planned, and they will proceed as scheduled.

Makalla, speaking on radio and television, emphasized that Dr. Dimwa’s comments were merely an idea and not a party decision. He reiterated that CCM’s decisions are made through proper constitutional meetings and communicated accordingly.

This controversy highlights a critical moment in Zanzibar's political landscape, showcasing the tension between proposed changes and constitutional adherence. The widespread condemnation of Dr. Dimwa’s proposal underscores the importance of democratic principles and respect for the constitution in the country’s governance.

Luqman Maloto, a renowned political analyst in Tanzania, has underscored the necessity for stronger constitutional protections to prevent the manipulation of presidential term limits.

 Drawing comparisons with Germany and the United States, Maloto emphasized that Tanzania's current situation poses a significant risk to the integrity of its constitution.

In Germany, the Federal Office for the Protection of the Constitution (BfV), under the Ministry of the Interior, monitors and acts against any movements or activities that threaten the Constitution. In contrast, the United States distributes the responsibility of constitutional protection among the Supreme Court, the President, and Congress, ensuring a balanced approach when constitutional breaches occur.

Maloto stressed that a country must respect its constitution to avoid becoming a weak state. He warned that Tanzania is nearing a precarious point where the constitution is not revered, allowing anyone to make unconstitutional statements without consequence.

Citing recent controversial remarks by Presidential Advisor Sophia Mjema and Dr. Mohamed Said Dimwa, Maloto pointed to a troubling trend of advocating for extended presidential terms. Mjema had suggested that President Samia Suluhu Hassan should remain in office until 2035, while Dimwa proposed extending President Hussein Mwinyi’s term to seven years.

Maloto recalled similar attempts during the tenure of former President John Magufuli, where there were loud calls for extending his time in office. These calls started on the streets and found their way into Tanzania’s Parliament. Former MP Ally Keissy and Speaker of Parliament Job Ndugai were vocal proponents of extending Magufuli’s term, with Ndugai stating, “We will extend his term whether he likes it or not.”

Maloto questioned whether individuals seeking favor with the President feel compelled to disrespect the Constitution. He urged for a reflection on whether there are other ways to please leaders without compromising constitutional principles.

The analyst highlighted that calls to extend presidential terms are not new. During Magufuli’s administration, there were proposals to extend the term from five to seven years and even to remove term limits altogether. Similar rhetoric is now being directed at President Samia and has even extended to Zanzibar, where President Mwinyi is being asked to extend his term.

Maloto pointed out that former President Benjamin Mkapa, in his memoir "My Life, My Purpose," recounted how Tanzania's founding father, Julius Nyerere, was forced to step down due to those around him seeking to protect their interests. Mkapa himself faced challenges in curbing attempts by Zanzibar’s fifth president, Salmin Amour Juma, to amend the Zanzibar constitution for an additional term.

Maloto argued that individuals like Sophia Mjema and Dr. Dimwa are driven by personal interests, seeking to secure their positions and benefits by advocating for extended presidential terms. He proposed that the solution lies in adopting a new constitution with robust protections. Such a constitution would establish the supremacy of the constitution and ensure that any attempt to undermine it would be swiftly dealt with.

Drawing on the examples of Germany and the United States, Maloto suggested that Tanzania could benefit from a dedicated office for constitutional protection or a system that ensures robust checks and balances. The crucial element is to have a constitution that is respected and safeguarded, preventing anyone from making unconstitutional statements without facing repercussions.

Respecting Tanzania's constitution is not negotiable; it is foundational to our democracy's survival and our nation's stability. Advocating for extended presidential terms or abolishing term limits flagrantly disregards our constitutional framework. Let's uphold the rule of law decisively to ensure Tanzania's democratic integrity remains unshaken and our future secure.