CONSTTUTION MATTER BE REFFERED TO PARLIAMENT
By Geoffrey Nangai
WITH nearly a week gone after President’s Jakaya Kikwete’s approval of forming a commission that would help handle the constitution matter that is presumably the hottest talk for 2011, human rights activists say the matter should be referred to Parliament instead.
According to the activists that include the Legal and Human Rights Centre (LHRC) and Mtetezi a non governmental organisation, there is no provision in the current constitution that stipulates that a commission should be established in the process of re-writing a new constitution.
Speaking to reporters in Dar es Salaam yesterday, Francis Kiwanga the LHRC Executive Director said the essence of leaving the role of collecting peoples opinions to the commission would only culminate into a constitution review but not a constitution that is people centered.
“We join forces with other Tanzanians at large who continue to give their opinions on the aspect of a new constitution. What we see is the process of forming a commission as proposed by the Attorney General (AG) and approved by President Kikwete would only be a constitution review.
“There is actually no clause in the current constitution that stipulates that a commission be formed to review the existing constitution. This one its self would be a violation of the constitution its self. The matter should be handled by Parliament” he said.
Kiwanga while drawing reflections from the past experiences that include Justice Nyalali’s commission and Justice Kisanga’s commission said at many times peoples desires on the matter are abandoned in several instances where a commission is been formulated to handle the matter.
Kiwanga said basing on the past experience, the aspect should first be handled by parliament then followed by formalization of constituency assembly that should adequately be represented by all stake holders and then start a referendum poll process.
“After the referendum, then the process of re-writing a constitution can begin” he stressed.
On his part Rugemeleza Nshala a lawyer with Mtetezi stressed that the process would be costly but the expenses to finaise the budget should be catered for in the country’s next budget.
“The current constitution gives a lot of powers to the president. This has lead to establishment of a weak legislative assembly. The best example is if the Zanzibar has been able to amend the constitution and it is apart of Tanzania, then why shouldn’t we?” he stressed.
Meanwhile, the LHRC has sent a committee to Arusha to help ascertain the impact of human rights violations during the Police-CHADEMA scandal that saw the arrest of CHEDEMA Party leaders yesterday.
The police force is said to have used excessive force to put off a peaceful demonstrating that had been planned by CHADEMA supporters on Wednesday.
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