TANZANIA: People seek independent judiciary

By Songa wa Songa, The Citizen Reporter

Musoma. Residents here have opined that the new Constitution should give the judiciary and legislature arms of the State powers to appoint its leaders. The current mother law gives only the third arm, the executive, powers to appoint leaders.

For instance, the Constitution gives the head of the executive arm, the President, powers to appoint the Chief Justice (CJ), who is the head of the legislature – a parallel arm expected to operate independently. He also appoints ten members of Parliament – another pillar of the State.

The call to that end was made by residents during the first meeting to collect views on the new Constitution held on Wednesday at Kitaji Ward in the town.

The citizens suggested formation of a judicial service commission and professional bodies, as alternatives recruiting and vetting bodies.

Ms Martha Mwita said the president has too much power under the current Constitution that makes the office bearer to be above the other arms of the State. Appointment of the CJ by the president goes against the principle of separation of powers between the three pillars of the State, said Mr Julius Achayo. 

“The executive, judiciary and legislature should be independent from each other, but under the current Constitution, the head of the executive has overwhelming appointing powers...this should be rectified in the new law,” he stressed.

Another contributor, Mr Thomas Makongo, said the CJ and other judges, the Attorney General, as well as NEC chairman and commissioners should be interviewed and vetted in a transparent and fair public process by an impartial body.

He said the immunity that the president enjoys under the current law should be revoked for the country to have a president who is not above the law. “All citizens should be equal under the law,” said Mr Makongo.

Mr Bwire Nyambwiro said there was no way he could imagine of having a free and fair election conducted by NEC, whose chairman and members “are presidential appointees”. 

“Even if I were the appointee, I would have been tempted to favour my dear boss,” he said, adding: “We should relieve the president of this duty.”

Mr Nyambwiro also proposed that the size of the cabinet that the president can appoint be provided for in the new Constitution. “We are developing an economy that must limit the president on the size of the cabinet he can form,” he opined

Mr Jangula Rugola challenged the simple majority victory for presidential election and instead, he suggested that in order for a candidate to be declared winner, he or she must obtain over 50 per cent of the votes.

Source: The Citizen (03/12/20120: http://www.thecitizen.co.tz/news/4-national-news/27591-people-seek-independent-judiciary