Change constitution to fight irresponsibility

The president has recently sacked Shinyanga Regional Commissioner, Anne Kilango Malecela, former parliamentarian for Same East constituency and wife of former Prime Minister John Malecela, also a heavyweight in the ruling party Chama cha Mapinduzi (CCM), hardly a month after the her appointment.

Other unprecedented events include arraignment of the outspoken Kangi Lugola and two other law makers on corruption allegations.

While the presidential appointments of Regional and District chiefs are a political a decision, hence biased and questionable, but their commitment to serving the people is nevertheless taken as a yardstick to demonstrate Magufuli’s earnestness in ending the ‘business as usual’ tradition detrimental to the nation’s well-being.

However, such actions, though welcome, raise more concern and would question the president’s action and reaction as to what he would do to those appointees holding dual posts, namely ministerial and parliamentary.

First of all, Magufuli’s cabinet is unprecedented in the number of appointed parliamentarians, who, the society should believe to be not so attached to the party but credited for their commendable work ethic. But as humans, such persons could also fall into the trap of not meeting the presidential expectations.

Should that happen, it is obvious that the president will get rid of any minister should any unfortunate events occur. In fact some ministers have already made mistake when they failed to submit the ethics forms within 30 days as required by the law, with some giving lengthy accounts on motives behind the delays.

While firing non-parliamentarian appointees such as Malecela may seem easier, sacking a parliamentarian-cum-minister could be challenging because stripping one from a parliamentary seat is not as easy as getting one rid of a ministerial position.

These circumstances could make the appointees defiant in respecting the appointing authority bearing in mind that even if the appointed parliamentarian-cum-minister would still enjoy eating public funds as a parliamentarian even after being removed from the ministerial position.

In such circumstances even the noise that people would make to demand such an appointee be removed from his or her parliamentary seat would not work given the existing legal gap despite the fact that such member of parliament will be of no use to the presidency as the appointing authority and the people for not being their representative.

Should this situation occur, the ruling party and its politicizing will be to blame for its utmost maneuvering that changed the integrity provisions in the totally changed Warioba Constitution during the special constitution-making parliament that was disbanded early in 2015.

While the current president was not in power by then, and was in fact overpowered, perhaps it is high time for him and his advisors to work on these potential drawbacks that could impeded his good intentions and the spirit of serving Tanzanian people to acceptable standards.

Although there is no constitutional assembly at the moment, amendments and additions making members of parliament more responsible given the possibility of their removal for misbehaving or non-productivity can be made to accommodate such changes.

Given the virtual supremacy of the executive for its already witnessed overriding of the other organs at least in a few instances including recent off budget fiscal allocations, the presidency can initiate this move without objection from the public and the lawmakers.

It is a step that would instill more discipline in public services and restore public confidence in the otherwise withering CCM since the public would be witnessing deliberate efforts made by the government in correcting its past mistakes.

Such a move would also add more credit to Magufuli and his party, and thereby reduce the number of grounds that the opposition would base their arguments in their quest for power. But the government will have to act in line with fiscal discipline through slimming public expenditure and a crackdown on corruption.

The internet sensation “What Would Magufuli Do” would yet be in flames if such accountability measures will be taken making the appointees stick to principle with the fear of being replaced once they misbehave.

Moreover, it would revive the public desire and spirit to have the people’s voice heard in the currently stalled constitution making process, a move which with party and overall political hypocrisy put aside, would see the return of accountability principle in the disappointed public.

With the return of accountability through amendments prior to resuming the constitutional assembly would propel and give a significant push for the Warioba Constitution, which draws its content from the people, to prevail over and above the unpopular recommended constitution.

Not only that this should be done to please and appease the public for political ends, but as an essential move toward achieving meaningful development, since corruption and irresponsibility are major motives behind African poverty.

Tanzanians have remained adamant to benefit from minerals, natural gas and various other resource endowments that have for long enough been squandered by a few ruling elites and their connected fellows through corrupt means.

But time for change; and perhaps it is time to see more people being taken to task for what they did than pampering irresponsible leaders regardless of how ‘noble’ they were.

*Francis Semwaza is a Dar es Salaam-based Political Strategist and Development Communication Specialist. For comments: E-mail: frsemwaza@aol.com; Phone: +255 71 646 6 044.