by David Brewin

Tendwa retires after 13 years
Former Registrar of Political Parties, John Tendwa (pictured overleaf), has retired and been replaced by Judge Francis Mutungi. News of the Registrar’s retirement was received with glee by major opposition par­ties that roundly accused him of strangling democracy in the country.

John Tendwa

Tendwa said that he left office satisfied with what he described in The Citizen as “the great achievements he attained for the country’s multi­party democracy, criticism from opposition parties notwithstanding.” He had built the registrar’s office virtually from scratch, and facilitated the enactment of key laws that had enabled multiparty politics to flour­ish. “My critics often don’t know how the registrar’s office operates and aren’t aware of the challenges … it’s never an easy thing to deal with politicians,” he added.

Tendwa said that when he was appointed registrar, he was not even provided with terms of reference. Key statutes to guide the operations of the office and the conduct of political parties were either not yet enacted or inadequate. “When I was appointed, I just didn’t know how I could fulfil my responsibilities. The office needed employees with qualifications in law, but there I was … the only lawyer in the entire office! I thank God that I managed to build a credible institution.”

During his tenure, he sent to Parliament several key Bills such as the Political Parties Act 2009 and the Political Parties Code of Conduct. He also facilitated the enactment of the Election Expenses Act 2010. He pointed out that the Election Expenses Act was a challenging law not liked by politicians all over the world because it limited what they could spend during elections.

On allegations that he favoured the CCM, Tendwa said that at some point the ruling party was also charging that he was favouring the opposition. “To me, being accused from both sides means I was doing my job well,” he said.

Kabwe writes to Cameron
Shadow Minister for Finance Zitto Kabwe (Chadema) has written to British Prime Minister David Cameron asking for a review of his coun­try’s laws and those of other rich nations which make it impossible for African countries to fully investigate people who have stashed huge amounts of money in offshore accounts. His letter followed Cameron’s appointment of a committee to investigate this whole area of concern.

In his letter Kabwe wrote: “I call on you to demonstrate your leadership at the (G8) Summit, [which was held in Northern Ireland in June] by putting in place aggressive sanctions against British Overseas Territories and Crown Dependencies which continue to provide cover for the siphon­ing of billions of dollars of our tax revenue,” Kabwe added that money held by individuals in foreign banks was sometimes siphoned off from development aid from the UK.

Kabwe was among the first legislators in Tanzania to alert the govern­ment that there were numerous Tanzanians who had stashed dubiously acquired billions in foreign banks.
Independent candidates may be allowed to stand
The serial litigant and leader of the Democratic Party (which has no MPs) the Rev Christopher Mtikila, has been partially successful in his campaign for independent, candidates to be allowed to stand as President or as MPs. Constitution Commission leader Judge Warioba said that the first draft of the new constitution included provision for the change. The Rev Mtikila, said that while the announcement was a major step forward, he wouldn’t hold his breath.

Yet another Party
Another political party, the ‘Alliance for Democratic Change’ has been provisionally registered, making a total of 19 parties. At Independence in 1961, Tanganyika had four parties, the Tanganyika African National Union (TANU), the United Tanganyika Party, the African National Congress, and the All Muslim National Union of Tanganyika. (The Citizen)

Six Chadema MPs suspended
In April House Speaker Anne Makinda suspended six Chadema MPs for five successive sessions on the grounds of “gross misconduct”. Those suspended were Opposition Chief Whip Tundu Lissu (Singida East), Godbless Lema (Arusha Urban), Joseph Mbilinyi (Mbeya Urban), Rev Peter Msigwa (Iringa Urban), Ezekiel Wenje (Nyamagana) and Highness Kiwia (Ilemela).

Chadema National Chairman and Leader of the official Opposition in Parliament, Freeman Mbowe, accused Ms Makinda and her deputy, Job Ndugai, of “following directives to favour the ruling CCM and its gov­ernment.” Flanked by Chadema Secretary General, Dr Willibrod Slaa, Mbowe told party members that Chadema would campaign outside parliament against the move. “Speaker Makinda has lied to the entire world by endorsing the decision made by her deputy to suspend our MPs. We can’t accept this and we will continue to fight for the interests of our nation and its people.” According to the House rules, a five-day suspension can only be imposed after the issue has been referred to the Parliamentary Powers and Privileges Committee.

On the envisaged new Constitution, Mbowe stressed that the party would withdraw from the process if the government failed to table in Parliament amendments to the new Constitutional Review Act. “If they force us, we will go to the elections under the old Constitution and by God’s wish we shall win,” he said.

Foul Language
MPs who use foul language in Parliament risk expulsion from the debating chamber Speaker Makinda warned in April. She would now use her powers to discipline errant lawmakers. Standing Orders would be applied to the letter to restore discipline in the House. “I will make sure that abusive MPs are immediately kicked out of the House.” She reminded MPs that being on different sides of the political fence was not a licence for them to hurl abuse. Ms Makinda’s rebuke followed fierce verbal exchanges on the budgets of various ministries between MPs from CCM and CUF, on one side, and Chadema on the other. (The Citizen)

The long-running land dispute which began some 20 years ago over the use of the grazing areas in the 4,000 sq km Game Controlled Area at Loliondo may be moving towards a resolution, following the announce­ment of a compromise plan by the government.

During the last few weeks there have been several new developments in the saga: The government first announced that Maasai herders were to be expelled so that the agreement between the government and promi­nent hunters in the United Arab Emirates, notably the Othello Business Corporation (OBC), would continue. The Maasai protested vigorously about this loss of their ancestral lands and gained strong support from campaigners and others in Tanzania and around the world.

Then in April the government announced a compromise solution, involving a division of the disputed area into two parts. Announcing the new policy to international media representatives, Minister for Natural Resources and Tourism Ambassador Khamis Kagasheki was quoted in the Daily News as saying that the government had decided to allocate 2,500 sq kms of the Game Controlled Area to village communi­ties in Loliondo. The remaining 1,500 sq kms would be retained as the Game Controlled Area for a number of reasons, including protection of wildlife breeding areas and to allow a corridor for the iconic great migration of wildebeest. He said that the government made the deci­sion to parcel out the land to Maasai communities to support landless families in the area.

The Minister stressed that there would be no human activities which might destroy the environment in the 1,500 sq km piece of land. It was a malicious misrepresentation of facts for a section of people both in and outside the Loliondo Game Controlled Area to claim that the government was grabbing land from the local communities. This was not correct, the Minister said, since the people had been living in the area illegally because the 4,000 sq kms had been a national resource throughout history and the land had never been allocated to the Maasai communities under any government arrangement. The Minister noted further that the OBC had the rights to certain hunting blocks in the area, which they could use to generate income if they pleased. It is under­stood that OBC pays very heavy fees for its hunting licenses. Although OBC had a contract ending in 2018, the government could still revoke it if need be.

STOP PRESS: As this issue goes to the press there are reports that, fol­lowing a meeting in Arusha, thirteen civil and land rights organisations have strongly opposed the government plan, arguing that the entire Game Controlled Area is within legal village boundaries and that the plan therefore still represents a significant reduction in the villagers’ land. There are also concerns that the water catchments and good pas­ture are largely within the proposed Game Controlled Area and much of the land allocated to the communities is dry plains unsuitable for grazing.

‘Biased and false’
As the long standing dispute on the ownership of Lake Nyasa between Tanzania and Malawi continued, Tanzania dismissed as “biased and false” a CNN programme which claimed that Tanzania’s border with Malawi lies on the shores of Lake Nyasa. Tanzanian officials said that the broadcast had supported Malawi’s position on the dispute and did not augur well for efforts to settle the matter amicably. The government sent a protest note to the US-based television network on the reports, which it considered to be prejudiced, according to Director of the Tanzania Information Services, Assah Mwambene.

Asked whether the government had consulted US ambassador to Tanzania, Alfonso Lenhardt, he said that Tanzania believed CNN to be an independent media house guided by an editorial policy which the US government had no mandate to influence.

The border row between the two countries follows claims by Malawi that it owns all of the northern part of Lake Nyasa, in accordance with the Heligoland Treaty of 1890 between the colonial powers Germany and Britain. Tanzania argues that, in accordance with international customary law, the border between the two countries is in the middle of the lake.

“Everything is compromised” – President Banda
After failing to reach agreement in 2012 (see TA 103 & TA 104) the two countries agreed that they would submit a letter to former Mozambican President Joaquim Chissano, who chairs the African Forum of former Heads of State within the Southern African Development Community, asking him to arbitrate the matter.

In the latest development, Malawi President Joyce Banda said that Malawi was giving up on mediation efforts and would take to the courts to settle the dispute. “We should not waste time on this (media­tion),” she said in Lilongwe after returning from visits to the US and Britain. She said that the mediation bid by ex-President Chisano was “compromised because information submitted by Malawi was leaked to Tanzania”.

She accused the executive secretary of the forum, John Tesha, a Tanzanian national, of passing some vital information to his home coun­try. “After surrendering our documents, we were told that they were leaked to Tanzania before the Tanzanians surrendered theirs,” Banda said. “We feel everything is compromised,” President Banda had earlier said the dispute had dragged on for too long and she was considering taking it to the International Court of Justice for arbitration.

Cartoon by Nathan Mpangala – www.nathanmpangala.blogspot.com

The border dispute between Tanzania and Malawi (see TA 103) has taken a new twist, prompting the contending parties to seek mediation before retired eminent persons of the Southern African Development Community (SADC).
Foreign Affairs and International Cooperation Minister, Bernard Membe, told journalists that this latest move was reached to avert a looming stalemate over the exact ownership of Lake Nyasa. Membe said the two sides had now officially agreed that there were two fundamental issues – Malawi maintains that the Lake north of Mozambique belongs to Malawi in keeping with the 1890 treaty signed between the German Government for Tanganyika and the British Government for Nyasaland, while Tanzania maintains that her border passes straight through the middle of the Lake – splitting the northern part of the water body roughly into two equal parts – as an international border.

Given such fundamental differences, both sides had seen the need to find a mediator to lead the next processes of the negotiations, with a view to finding a lasting solution to the dispute. It was therefore proposed that they should send a letter to the SADC mediation committee, chaired by former Mozambican President Joachim Chissano, early in December. The letter will request the former Mozambican leader to form a team of professional lawyers and other experts from across the African continent that would help sort out the legal aspects. The committee would have three months to tender its recommendations i.e. by late March 2013.

The minister added that should a decision mutually acceptable to the contending parties elude this committee, the matter would then be taken before “the highest levels of international arbitration”, such as the International Court of Justice, for further mediation. Membe said an appeal to the International Court of Justice (ICJ) would be made in accordance with the Vienna Convention on the Law of Treaties (1969), which could provide the framework for a speedy solution. He explained that the meeting had been called specifically to discuss the various options available for resolving the boundary issue which had been rec­ommended by the joint committee of officials from both countries who had met on November 18.

Malawian Foreign Affairs Minister Ephraim Chiume expressed opti­mism and thanked President Jakaya Kikwete and President Joyce Banda for the steps they had taken to ensure the matter would be resolved amicably.

Just as in Britain’s coalition government, tensions between the two rival camps within Zanzibar’s government of national unity (GNU) can boil over from time to time. In Zanzibar it happened when First Vice President Seif Shariff Hamad publicly accused Zanzibar President Ali Mohammed Shein of not curbing alleged excesses of the security apparatus.

Addressing a public rally at Kibanda Mait, Mr Hamad, who doubles as Secretary General of the main opposition Civic United Front (CUF), charged that, under cover of cracking down on perpetrators of chaos linked to Uamsho, the Police Force, intelligence service and what he characterized as ‘rogue elements’, were harassing innocent civilians. While declaring that the GNU would not be wrecked, he nonetheless accused the rival camp within the government of clandestinely carrying out moves aimed at sabotaging the partnership.

Parliament on November 10 rejected a proposal by CHADEMA’s Kigoma MP Zitto Kabwe to form a select committee to probe some $196 million allegedly lodged in Swiss banks by 13 public officials. Instead it resolved that the matter be handled by government organs in collaboration with international investigators. Speaker Anne Makinda said the report on the outcome of the investigations should be tabled in Parliament in April 2013. Dismissing Zitto’s proposal, she said it should have been tabled separately as a private motion. This provoked a heated two-day debate in the House in November on what should be done to recover the money, with most MPs supporting Kabwe. Prime Minister Mizengo Pinda said the matter was sensitive and needed handling with care, but he assured the public that no stone would be left unturned in attempting to expose the culprits. This was a matter of national interest and nobody would be spared or protected.

Kabwe said he had no qualms with the decision, since the motion was after all adopted by the House and he would raise the matter again at the next sitting in April if no progress had been made.