TANZANIA: Former CJ says President shouldn’t appoint judges

Dar es Salaam. 

The question of presidential powers, arguably the most sensitive issue in the constitution review process, was in the spotlight again yesterday as retired senior government leaders differed on how to proceed.

While former Chief Justice Barnabas Samatta wanted a considerable review of the powers of the President to appoint judges, former premiers Samuel Malecela and Frederick Sumaye wanted them left intact.

Under the current constitution, the President appoints all senior officials—including the prime minister, chief justice, judges, ministers, the attorney general and others. Parliament approves the prime minister’s appointment by a simple majority vote.

But in his presentation before the Constitutional Review Commission (CRC) yesterday, Judge Samatta said it was time to review the president’s powers to appoint topmost government officials.

Former premiers Malecela and Sumaye said there was no need to reduce those powers because the three government pillars—the Executive, Judiciary and Parliament—apply checks and balances on one another.

“If we reduce the powers of the president, there should be somewhere else to shift them,” Mr Malecela told journalists. “They should tell us where we will put them.”

Mr Sumaye had this to say: “I think the powers of the president are okay, but another body should approve judges’ appointment.”

Barely a week ago, Chief Secretary Ombeni Sefue raised eyebrows with a warning against reducing presidential powers on the grounds that it was dangerous for a developing country like Tanzania, whose institutions were still weak, to water down presidential powers. Activists and academicians responded that this was, in fact, the right time to do something about it.

Mr Sefue said then that the president should retain the privilege of naming appointees to state positions but another body, possibly Parliament, should have the final say after a vetting process. “The current system in which the president appoints judges and other senior public officials should be reviewed as a way of improving good governance,” said the chief secretary.

He cautioned that if the president’s powers to appoint judges were curtailed, the much-sought reforms in the judiciary would remain a pipe dream, and added: “We need comprehensive reforms in the judiciary and this will come only if we control the whole process of appointing judges.”

Last year, Chadema Chief Whip Tundu Lissu accused the President of abusing his powers in making judicial appointments. Mr Lissu, a lawyer and legislator, said in Parliament that some of the people appointed as judges did not have the necessary qualifications. A parliamentary committee is investigating the claim.

Mr Sumaye also wanted the new constitution to provide for only one government instead of the current two on the grounds that this would boost efficiency and cut costs.

Mr Malecela said the process of selecting beneficiaries of the special seats for women would need to be fine-tuned. This would involve reviewing party processes and developing a new system that would guarantee democracy. “I am not against the whole system, but I am against the procedure of getting the representatives,” he said. “It has proved a failure and many wananchi are not satisfied with it.” He approves the 50:50 ratio but wants the path to attaining it clearly defined.

Judge Samatta suggested that the new constitution provide for an agency that would train the public on the provisions of the Constitution as a way of equipping citizens with basic knowledge on the supreme law that will set the country’s direction.

Source: The Citizen (18/01/2013): http://www.thecitizen.co.tz/news/49-general-elections-news/28233-former-cj-says-president-shouldnt-appoint-judges