Friday, 24 December 2010

CCM is facing another dilema to agree on new constitution after the debate of Islamic courts hunts them


WOULD you believe it – former President Benjamin Mkapa of Tanzania urging new Constitutions for member countries of the East African Community where appropriate? That’s what the man reportedly said in a speech read for him by Ambassador Liberata Mulamula in November this year. The occasion was a congress of an Association of East African Community legal-eagles held in Bujumbura, the Burundi capital. [TanzaniaDaima: December 6, 2010].

There can but be little doubt that Mkapa had his country, Tanzania – and neighbouring Kenya – particularly in mind when he said this. Specifically, he noted that if the matter of Kadhi (Islamic) Courts were coherently and comprehensively enshrined in the Constitutions, it would not be the bone of contention that it is proving to be in both countries. That is as may be…

In any case, the former president made it clear the need for overhauling what are clearly outmoded Constitutions dating back to colonial times – and which were barely modified to accommodate the cosmetic changes that came with Independence. Times have a-changed drastically since those days about fifty years ago, and those Constitutions are inadequate to deal with the changes.

Elections are getting more complicated, more controversial and harder for people to live with their results, the man said. A workable, coherent and comprehensive national Constitution is essential for truly democratic election processes… This would go a long way in preventing discontent, or containing public groundswells of calls and support for broad and far reaching change.

Mkapa stressed that a new Constitution must fully take into account such crucial factors of national import as different social, political and economic strata and geopolitics… (Did he have at the back of his mind here the two geographical parts of the United Republic: Zanzibar and Tanganyika?)

Noting that a functional Constitution is the heart and soul of a nation-state, Mkapa said the correct way forward for East Africans lies in genuine overhaul sooner than later of the extant Constitutions in so far as they relate to all the pillars of statehood: the Legislature, the Judiciary and the Executive (He forgot the emerging Estate of the Realm, the Independent Press!).

There was a lot more of that beautiful sentiment from the president of the 9th Republic (1995-2005). What flummoxes me the most, though, is why all this should come out and up five years after the man retired from the presidency!

Mkapa was Top Dog in Tanzania for all of ten years, lording it over the (four) Estates of the Realm, compliments of a Union Constitution which makes the president the most powerful mortal on both sides of the Zanzibar Channel.

As Mwalimu Julius Nyerere once confessed, the Constitution virtually made the president a little god; and power in the wrong hands could mean a national disaster.

It seems that Mkapa is now of the same stance… But, why did he selfishly hold onto those noble views – instead of translating them into reality on the ground? Why? I ask you!

The first impression I got when reading the report was that there must be crossed lines somewhere somehow. I was sorely tempted to believe Mkapa was misreported in the press… Or the one who read his speech inserted/expunged or otherwise doctored Mkapa’s original document…

However, this is not the first time the former president has openly come out with brilliant afterthoughts – including belatedly going through the motions of pushing for irrigation farming… and, now: a new Constitution!

On Nov. 27, 2009, Mkapa’s alma mater, Makerere University, conferred upon him an honorary doctorate degree, ostensibly “in recognition of his leadership and role in Tanzania's democratization!” Really?

In his acceptance address, he said "let's step back and consider our ways, wherever we may be, and whatever we’re doing. Have we been good role models; and have we mentored new generations of educated Africans in the right direction? What have they learnt from us – not from our words, but from our actions – and what’ll they learn from successive generations of alumni?

“Have we built the foundations of good governance and strong institutions that can outlive us, or are we passing on the buck to the next generation?" [The Citizen Dar: Nov 28, 2009].

Further noting that his generation had a responsibility to build Democracy and good governance in the continent because the colonial masters ignored that, Mkapa went on… "We can’t and mustn’t have the luxury of being unaccountable spectators as the continent grapples with these profound challenges... What kind of future have we built? How have we lived up to our education motto's injunction…?”

[He was referring to Makerere’s motto Pro Future Aedificamus: ‘We are building for the future.’]

‘Too little, too late, Gentleman Mkapa,’ it says in ‘My Book of Things...’

Or is it…? When the Good Lord turned water into wine at the Cana Wedding, the guests castigated their host for holding back the best wine until they’d become inebriated on grog. They, of course, didn’t know the real story…

Nor do many of us know why Saul of Tarsus was ‘made to see’ the Light on the Road to Damascus before he experienced a drastic change of heart and mind against further persecuting the exiled followers of the Good Lord. In the event, Saul was also converted into ‘Paul the Christian’ circa. A.D.36.

In the light of the foregoing, is the Good Lord now working upon the former president – making A-1 socio-econo-political wine flow out from his lips five years down the Retirement Road? Is the Good Lord showing Mkapa the Light on the Road to another presidency bid – say in 2015?

Is there a law against recycling presidents in Tanzania after a decent interval of, say, five years in retirement? If doing so would enable the man to embark on real socio-economic development programmes he is advocating today – albeit belatedly…

The Good Lord works in strange ways, and it is never too late for Him to come to the rescue of Danganyikans… Cheers!

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