CJ joins debate on new Constitution

Dar es Salaam. Chief Justice Augustino Ramadhani has weighed into the debate on the mounting clamour for constitutional reform, urging the government to consider the issue as a fundamental need of the entire nation.
He said debate on whether or not to write a new constitution for the country should not be suppressed, but should be encouraged so that the people reach a common ground for the benefit of the nation.Chief Justice Ramadhani was speaking at the Russian Cultural Centre in Dar es Salaam on Wednesday evening, when he launched a five-year strategic plan of the Tanzania Network of Legal of Legal Aid Providers (TANLAP) to provide legal aid to the poor and marginalised in the society.

His remarks come against the backdrop of the government’s adamance and insistence that there is no need for change, as the current document aptly serves its purpose. Speaking a week ago, the minister for Constitutional Affairs and Justice, Ms Celina Kombani, played down calls for constitutional reform, saying the undertaking would be “unnecessarily expensive.”

But on Wednesday, the Chief Justice said public discussion of the issue could yield a proper way to go about it.
He said a decision could be reached on whether to rewrite the Constitution or simply to amend some of the articles.
He said the public’s sentiments could not be ignored, as they could give an indication that the people felt they were being governed by an invalid document.
The general feeling among those calling for reform is that the current Constitution has been patched up too many times, hence the need to have a new document that addresses emerging challenges.
Mr Justice Ramadhani said the government could also seek consensus to rectify, especially areas in the Constitution that “no longer sit well with the public”.

A number of prominent Tanzanians have in the recent past called for an overhaul of the Constitution to bring it in line with the current realities and developments in the country. The chairman of the Commission for Human Rights and Good Governance (CHRGG), Mr Justice (Rtd) Amir Manento, said recently that there was a need for Tanzanian to have a new Constitution.
Mr Justice Manento said since past calls for a new constitution had not yielded anything, Tanzanians should chart a new course to ensure they attain their desire for a new law.
Tanganyika Law Society (TLS) president Felix Kibodya said the time for dialogue on legal reforms had come.
Mr Kibodya, speaking in Dar es Salaam last week, said the apparent shortcomings in the electoral process presented a strong case for an overhaul of the Constitution. This, he added, was necessary to enable Tanzania to hold fair and more credible elections.

“The TLS recommends that the government initiate a consultative review of the Constitution to ensure that the views of the citizens are adequately captured so that the Constitution keeps pace with the current needs of the people as well as international standards and best practices,” he added.

He said the TLS would engage the government and other key players to spearhead the constitutional review process. “I can assure you that change of the Constitution and election laws is on top of our agenda.”
For his part, a law lecturer at the University of Dar es Salaam, Prof Chris Peter Maina, said the development challenges facing Tanzania could not be adequately addressed without overhauling the current Constitution. The urgency of the task, he added, could not be gained.

Chadema’s unsuccessful presidential candidate, Dr Wilibrod Slaa, who campaigned for the October 31 General Election on the platform of constitutional change, declared that his party will direct its efforts in Parliament and elsewhere towards pushing for the reform agenda.
Reported by Rosemary Mirondo and Rosina John

By: Citizen correspondent