by David Brewin

Cabinet Reshuffle
Tanzanian Affairs 110 reported that President Kikwete had removed from office (or accepted resignations from) Attorney General Frederick Werema, Energy and Minerals Minister Sospeter Muhongo and Lands and Housing Minister Anna Tibaijuka in connection with the Escrow scandal. The President named William Lukuvi as the new Lands and Housing Minister and George Simbachawene as Energy and Minerals Minister.

Muhongo had earlier described himself as “incorruptible” and denied any wrongdoing. But Zitto Kabwe, chairman of the Parliamentary Accounts Committee, said that Muhongo “had to be held to account” as he had misled parliament by saying that Escrow money did not belong to government.
Others who resigned from parliamentary committees were Victor Mwambalaswa (Energy and Minerals Committee), Andrew Chenge (Budget Committee) and William Ngeleja (Legal Affairs and Governance Committee).

The resignations and dismissals were praised by Secretary General Mosena Nyambabe of the opposition National Convention for Construction and Reform (NCCR – Mageuzi) who said “We are satisfied with the steps the government has taken against senior government officers involved in the scandal, but we want further steps to be taken so that we see how committed the government is to dealing with corrup­tion.” (See also the Section on Energy and Minerals in this issue).

Swiss bank accounts
Deputy Governor of the Bank of Tanzania Juma Reli has reported that at least 99 Tanzanians were holding over TSh 197 billion in Swiss bank accounts in March 2015. A report released in February listed foreign countries which had large deposits in Swiss bank accounts. It did not disclose whether the amounts cited were illegal deposits or involved money laundering, but said that the maximum amount of money associated with any single client in Tanzania was $20.8 million.

Data control
The Citizen reported on 27 March that Parliament had approved a new Bill which could make Tanzania one of the strictest countries for publishing firms, researchers and academicians including those reporting on the forthcoming elections. According to some critics, the Bill would ban the publication of data if the statistics were not provided by the National Bureau of Statistics, as well as making it illegal to publish statistics that are “false” or that “may result in distortion”. The Bill had been withdrawn after it was first presented to parliament in February 2015 and had been widely criticised.

Executive Secretary of the Media Council of Tanzania, Kajubi Mukajanga, supported the criticisms expressed earlier, particularly the section on publication of unauthorised statistics. “It is amazing that they would retain such a provision now”.

Executive Director of the Legal and Human Rights Centre Hellen-Kijo Bisimba, said she was shocked that the parliamentarians should be so lacking in wisdom and grace. This is a desperate and calculated move by a draconian government keen on stamping out dissent and alternative views. We will not stop making a noise until this bad law is removed. It defeats logic that, while we are struggling to remove numerous bad laws, this government is adding more.

At the time of printing TA, President Kikwete had not yet signed the Bill to make it law.

Terrorism
As terrorism escalates, Tanzania has not been exempt. In early 2015 two persons were charged with facilitating acts of terrorism and, offering support to terrorists.

A 26 year-old Kuwait-born British citizen, Mohammed Emwazi, known as “Jihadi John”, was reported as having stopped off in Dar es Salaam some years ago, ostensibly on his way to Somalia. When he arrived at Dar airport, he was efficiently dealt with by the Tanzanian authorities and detained for about 24 hours before being returned to Europe.

In April there was a devastating terrorist attack by Al Shabaab on Kenya’s Garissa University College in which 148, mainly Christian, people were killed. A Tanzanian from Mwanga District was later reported to have been arrested in connection with the attack.

Local election results
Local elections were held throughout Tanzania in November/ December 2014. They were expected to give some guidance as to the way national elections in October 2015 might go, but it has proved difficult to find a reliable summary of what happened as the Electoral Commission only provides the national election results.

In previous years local elections have attracted only limited interest but at the ones held at the end of 2014 many people showed considerable interest and it is believed that there was a higher than usual turnout. It is also believed that the election result revealed a considerable shift of support from the ruling CCM party to the opposition CHADEMA in several key seats.

Alleged assassination plot
Wilbroad Slaa, Secretary General of CHADEMA, has been the subject of alleged plot to assassinate him by poisoning. It was alleged that one of Dr Slaa’s personal security officers was in communication with officers from Tanzania’s intelligence service. The police later confirmed that a security officer was under arrest and that investigations were continuing.

A Tanzanian success story

Julius Shirima, aged 25, has been awarded the Commonwealth Youth Award for Excellence in Development Work for 2015. This is in recognition of his efforts in setting up DARECHA, a micro-venture capital fund and entrepreneur net­work that is helping young business people to turn enterprising ideas into profitable ventures. The award includes a prize of £5,000. Julius also won the African Regional Award. (Commonwealth Journalists Association)

by David Brewin

Aid resumed following action on Escrow scandal
TA 110 explained the ‘Escrow scandal’ which had shocked the whole country. The reaction of many major foreign aid donors, represented by the Budget Support Development Partners, was to suspend their aid programmes.

Then they changed their stance. Reacting to the actions of President Kikwete in dismissing or accepting the resignations of the Attorney General and other senior ministers and officials involved in the scandal, on 11 March Finance Minister Saada Mkuya was able to announce that the BSDP were now satisfied with the government’s handling of the scandal. Finnish Ambassador Sinikka Antila, Chairman of the Development Partners, said: “We are fully impressed with how the government has been handling the saga”.

One agency immediately disbursed $44 million of its aid. The African Development Bank, the World Bank and other donors also agreed to continue their disbursements at a later date.

Tanzania – Kenya relations deteriorate
For several months relations between Tanzania and Kenya have not been as warm as they used to be. Kenya took a first hostile step by introducing a ban on Tanzanian tourist vehicles from accessing Kenyan airports and tourist sites.

Tanzania retaliated by cutting Kenya Airways lucrative flights from Kenya to Tanzania from 42 per week to just 14. This must have been a shock to Kenya, as its airline already faces other serious problems.
Tanzania has been concerned about Kenya’s hard line stance on issues surrounding the Bilateral Air Services Agreement. Discussions have been under way for eight years without result and Kenya refuses to let the Dar-based airline Fastjet from using Nairobi airport. Its cheap fares policy has proved very popular in Tanzania.

Japan advises Tanzania to reduce red tape
The chief representative of the Japan International Cooperation Agency (JICA), Onishi Yasunori, has said that in order to attract an increased number of Japanese investors, Tanzania must reduce the number of institutions dealing with business registration. Apparently it requires three institutions in Burundi, eight in Rwanda, ten in Kenya and fifteen in Uganda, whereas Tanzania has far more. He added that Tanzania must also deal with the issue of corruption among employees of the institutions handling business registration.

The “East African” banned
At the end of January the East African newspaper, which has its HQ in Kenya, was banned from circulation in Tanzania, 20 years after it was launched. The reason given was that the paper had been circulating in the country without being properly registered, contrary to Section 6 of the Newspaper Act No.3 of 1976.

Government spokesman Assah Mwambene was quoted in the media as accusing the paper of having a negative agenda towards Tanzania. He singled out a cartoon which he said demonstrated bad taste and disrespect to the person and office of the President. It is understood that the East African will not be allowed to circulate in Tanzania until the legal issues are settled.

Needless to say, this action resulted in widespread protests from various parts of the media and others, as it appeared to be against freedom of the press. The East African Law Society was among many to express dismay over the action.

Financial irregularities at the EAC
The East African Legislative Assembly has demanded immediate action by East African ministers on an audit report that has referred to financial irregularities at the Community Secretariat. The Speaker of the Assembly said that the East African Community Council of Ministers must punish those found guilty before its next sitting.

The East African Secretariat pointed out that the audit report did not portray misuse or loss of any funds, nor did it mention governance weaknesses or executive negligence. It simply tabled findings that certain areas needed to be strengthened.

South Sudan and Somalia
As the new Chairman of the EAC, President Kikwete announced on 20 February in Bujumbura, that South Sudan and Somalia will not be allowed to join the East African Community unless they return to stability and adopt democracy. He said that good governance, human rights and the rule of law were critical elements of the EAC.

by Enos Bukuku

Will Tanzania get a new constitution? Referendum postponed
In January I wrote about the opposition challenge to the proposed constitution. By “opposition” I was referring to the informal alliance of opposition party members who call themselves Umoja wa Katiba ya Wananchi (usually translated as the Coalition of Defenders of the People’s Constitution), better known by the acronym “UKAWA”. It looks likely that UKAWA will play a pivotal role in the upcoming elec­tions, using its dissatisfaction with the constitution making process as a springboard to challenging the government on much broader issues.

The referendum on whether to adopt the draft constitution had been scheduled to take place on 30 April 2015. Cynics suggested that the reason for the referendum to be pushed through quickly was so that the government could take the credit for a new constitution before the general elections and to avoid the embarrassment of its opponents convincing the public to vote against it.

In the event, the National Election Committee (NEC) eventually bowed to the inevitable and announced that the biometric voter registration process would not be complete in time and that the referendum would be postponed. This was confirmed by the government, with a future date “to be announced later”. It now looks a strong possibility that the referendum will not take place before the General Election.

Pressure had been mounting on the government for several months, with calls not only from UKAWA and the NEC, but also from religious leaders. This is not the first time that religious organisations have entered the debate, which recently prompted President Kikwete to criticise some of those leaders who called for voters to vote against the adoption of the proposed constitution. It must be worrying for CCM to see the opposition parties join together against it, apparently with the support of influential religious figures, in an attempt to undermine both the constitution and the ruling party.

One undeniable truth is that this process has created a considerable atmosphere of mistrust of the government. This mistrust has manifested itself as serious doubts about this government-endorsed document, which was supposed to herald a new era for Tanzania. For Tanzania to receive a new constitution, that trust must be restored very quickly.

On 8 November, Tanzanian President Kikwete underwent a successful operation to remove a cancerous prostate. The operation was conducted at the Johns Hopkins Hospital in Baltimore, USA. The President remained in the US for three weeks for recuperation before returning to Tanzania.

President Kikwete thanked all Tanzanians for praying for him and commended the media for conveying the right message away from distortion. “In September, last year, I went for a medical check-up and doctors diagnosed me with prostate cancer. They told me that since it was still at a manageable level, an operation could remove it completely and stop it from spreading to other parts of the body. Before going for the operation, I wanted to ‘put the house in order’”, he added, explaining that he had been waiting for the Constituent Assembly to complete preparation of the proposed new Constitution.
“Although I looked normal and continued with my duties, the illness remained a source of ‘inward misery.’ It took eight months to inform my wife but she is great and encouraged me to undergo treatment. I am glad am cancer free. Doctors said that after such an operation a patient could survive for 30 years depending on one’s age,” he said.

President Kikwete explained that since the 1990s when he served as the minister for energy and minerals, he cultivated the culture of undergoing regular medical check-up. He appealed to ‘wananchi’ to emulate that way of life.

by Enos Bukuku

Opposition challenge to proposed new constitution
The Constitutional Assembly (CA) was disbanded in October 2014 after delivering the final draft of the proposed Constitution to the President, who has invited the public to endorse the document in a referendum to be held in April 2015.

Despite the heated disputes which have taken place among the political factions within the CA, the government announced that the required two-thirds majority for approval of the draft by the CA had been met. However, many members of the opposition have disputed this. A CA member from Zanzibar, Haji Ambar Khamis, claimed that even though his name was listed as approving the draft, he had not done so, and he reportedly collapsed whilst explaining himself. Four opposition parties (Chama Cha Demokrasia na Maendeleo (CHADEMA), the Civic United Front, the National League for Democracy and the National Convention for Construction and Reform) have decided to join forces against the government and mount a joint challenge to the draft constitution on the grounds that the government failed to follow the legal procedures during the vote in parliament.

There is still some debate as to whether the new constitution can be considered a success even if it survives this possible legal challenge and is adopted after the referendum.

Those in one camp will say that this draft improves upon the current constitution by addressing the needs of all Tanzanians by including the nation’s children, women, the disabled and other minority groups. Changes to the constitution have been warmly welcomed by Tanzania’s Gender Coalition Group who have stated that approximately 90% of their proposals for reform to women’s rights have been adopted by the CA. One of the proposals which has received praise is for women to have equal land ownership rights which “gives every woman the right to obtain, own, use, develop and manage land under the same rules which are applicable to men”; the ability to confer citizenship to their children; better employment rights; and more advantageous representation in parliament.

The draft also seeks to redress the issue of exploitation of children by clarifying the definition of child as being a person under 18 years of age, which is relevant in combating child marriages. It also guarantees a right to primary education to every Tanzanian child. Minority ethnic groups, such as the Hadzabe and Akiye, are given further protection by the draft.

However, the proposed constitution has removed notable sections from the previous draft, including new checks and balances on presidential power, and has watered down sections proposed by Warioba’s Constitutional Review Commission (CRC). In particular, the proposal to establish a three-government structure – Zanzibar, Mainland, Union – is replaced with a two government structure that closely resembles the current system.

Whilst there was an attempt to include a provision for dual nationality in the final draft, unfortunately for many of the Tanzanian diaspora overseas, this was eventually omitted. Instead, by way of a compromise, a “special status” will be given to former Tanzanian citizens.
Those of the “this-new-constitution-won’t-change-a-thing” camp argue that the whole lengthy process has been a monumental waste of time, money and ultimately, dominated by the government. CCM has been accused of bullying and “hi-jacking” the process.

The drafting of a new constitution was supposed to be a civilised exercise in cross-party consultation, and all parties were supposed to set aside their differences for the greater good and for the benefit of generations of Tanzanians to come. This ideal was once again challenged on 2 November 2014, when a youth group of CCM supporters disrupted a meeting convened by the Mwalimu Nyerere Foundation to hear the Constitutional Review Commission (CRC) members, and in particular CRC chairman, retired Judge Warioba. An eagerly anticipated speech by a well-respected politician, quickly turned into an ugly scene more suited to a Hollywood action film. It was reported that “fists and chairs were flung into the air, camera equipment destroyed and journalists beaten up”.

It now remains for the public to voice its opinion as to whether the Constitution should be adopted. For the new constitution to pass, majorities are needed in both parts of the union. CCM should have no trouble winning a majority on the mainland, but whether they can deliver the same on Zanzibar is more questionable.

by David Brewin

Becoming more friendly
There are signs that Tanzania is changing its rather distant relationship with other members of the East African Union. During recent months it has allowed its citizens to move money across its borders. However, on environmental and natural resources management, Tanzania is holding back. It appears to have been doing its ‘homework’ more thoroughly than the other partner states. Before the signing of binding agreements on the use of Lake Victorian waters and other scarce water and pasture resources, Tanzania argued that a protocol on such issues, already ratified by Kenya and Uganda, contradicted the provisions on trading in minerals. Tanzania stressed that access to and the use of land and premises should be governed by national policies and laws and that the protocol included provisions on marketing and trading in minerals which should have been restricted to protection of the environment.

Tanzania also noted that tourism should be removed from the protocols as it would be better covered under another accord now being negoti­ated. The EAC Secretariat was instructed to study the issues raised by Tanzania.

Burundi-Tanzania border
The border between Tanzania and Burundi was originally demarcated in 1924 during the colonial period. But, over the years, some natural border references such as rivers have changed their courses or dried out. Sometimes officials have demarcated part of the border by just marking trees. Although the African Union has declared that states wanting to make changes should do so by 2017, the presidents of the two countries are reported to have met to reaffirm the border between their countries.

Pressure on human rights in Tanzania
The European Union has begun to step up its pressure on Tanzania to change its laws on human rights. The Head of the EU Delegation, Ambassador Filibert Sebregondi, has advised the Tanzanian govern­ment to increase the minimum age of marriage for girls from 15 to 18 years, eliminate polygamy and abolish the death penalty and corporal punishment in schools.