Speech by the National (ACT) Chairman of the ACT -Wazalendo, Maalim Seif Sharif Hamad, at a Press Conference, Kisenga Hall, Millennium Tower, Dar es Salaam, June 10, 2020 on Basic Issues Towards 2020 General Election

Dear Tanzanians, 

As it is known, 2020 is the year of the General Election. Tanzania is expected to hold the election of the President of the United Republic, President of Zanzibar, MPs, Representatives and Councilors on Sunday, October 25, 2020. 

Worldwide, the general election period is a unique time to decide whether to build a country or to tear down a country. Elections that leave the country safe and secure must be held in an environment of justice, freedom, and openness. Conversely, elections breed violence, hatred and chaos in the Nation. We, ACT- Wazalendo would like the 2020 general elections to  build instead of demolish Tanzania.

We need to have an election that will leave Tanzanians happy and hopeful after exercising their democratic rights and responsibilities to elect the leaders they want.

Unfortunately only two months are left for the beginning of the General Election Campaign, the political space in the country does not foreshadow the election that could leave our country safe. We are going to the polls as a divided Nation. We are going to the polls while our nation lacks a compromise that would make the elections peaceful.

We are going to the polls when the nation is in a worse position with a poor operating system than at any other time in our history.

Election governing bodies, namely the National Electoral Commission (NEC) and the Zanzibar Electoral Commission (ZEC) and Government Authorities in general are not run in a way that will make the Nation safer in this year's elections. The indications are clear that if the current situation remains as it is, of course, the possibility of a peace we are proud of may be history. We urge the authorities not to bring the country into such a state.

Phone: 0777 950077/0655 950077/0778180217, SLP 1830

E-mail: act.wazalendoznz@gmail.com

In recognition of our responsibility as a conscientious Political Party in the country, and to help prevent our country from reaching there, we ACT- Wazalendo would like to highlight  to the electoral stakeholders, and especially to the Government of the United Republic of Tanzania and the Revolutionary Government of Zanzibar, the existing barriers that constrains free and fair elections and our proposals for the necessary actions to be taken in order to attain free and fair elections  (Minimum reforms required for free, fair and credible elections).

10 OBSTACLES THAT RESTRICT FREE AND FAIR  ELECTIONS: 

Comprehensive analysis of our electoral system and management in the country, across Tanzania Mainland and Zanzibar, has led us to conclude these 10 obstacles will make this year's General Election not to be  free and fare :

1. Electoral Commissions are Not Free: In their structure, both our Commissions, in the sense of the National Electoral Commission (NEC) and the Zanzibar Electoral Commission (ZEC), are considered to be Presidential Commissions rather than Independent Electoral Commissions. The Chairman and Director of the National Electoral Commission (NEC) and the Zanzibar Electoral Commission (ZEC) are appointed by the respective Presidents, (President of the United Republic of Tanzania and President of Zanzibar) who are also the CCM Chairman and Vice-Chairman of the CCM . At Council level, Electoral Supervisors are Council Directors who are, for the most part, CCM cadres.

How can we have an   Independent Electoral Commission of which one of its Commissioners is Omar Ramadhani Mapuri, the person who became the National Secretary of the Revolutionary Party? Or in Zanzibar's case, how do you have an Independent Commission with a Chairman like Hamid Mahmoud Hamid who has never hidden his feelings of hatred against the opposition and against the opposition leaders in Zanzibar? In this case, we  cannot expect to have free and fair elections.

2. Open Sabotage on Local Government Elections: The government has not implemented our proposals for repealing Local Government, Village and Suburban Elections held in November 2019. The elections have resulted in the presence of local, village and suburban leaders with no legal or political legitimacy, because they were not elected by the public. This period towards the General Election, is an opportune time for the authorities concerned to assess this historic error. It is obvious that no meaningful and reliable development can be achieved by these people because the public cannot support them.

3. Sabotage in Zanzibar Voters Registration: Currently while we are speaking here, in

Zanzibar, ZEC is continuing with the Voter Review exercise and registering of New Voters. This exercise has been dominated by the deliberate conspiracy between the ZEC, the Office of the Zanzibar Civil Status Registration  responsible for issuing Zanzibar IDs for residents and the Chama cha Mapinduzi (CCM) . These sabotages are aimed at ensuring that thousands of Zanzibar citizens are deprived of their fundamental right to vote. So far, as ZEC has completed the registration process on the Pemba side, the data shows that ZEC has registered a total of 109,567 citizens. Comparing the 2015 enrolled population of 145,066 you will find that 35,499 citizens in the two Pemba Regions alone have been deliberately left out of the Voters Register to deprive them of their right to choose the leaders they want. With this  situation we cannot imagine that we can have free and fair elections.

4. Sabotage in Zanzibar Constituencies Division: ZEC has announced its intention to seek to review the number and boundaries of Zanzibar Electoral constituencies. This  is so amazing. This ZEC reviewed and divided the constituencies in 2015, which increased the constituencies from 50 to 54 constituencies. It was not expected to see that ZEC will consider reviewing and dividing the constituencies again after only five years .

We are aware of what is pushing ZEC to do this now. It is the increasing pressure from the CCM in Zanzibar who are desperate and that it is anxious to see how it can evade public anger through ballot boxes. Thus, ZEC in coordination with CCM have planned to review the division of Constituencies to support CCM. Based on   information we have from ZEC internal sources, shows that ZEC in coordination with CCM plan to reduce the constituencies from 54 they added in 2015 to 50 constituencies but in a different format from that before 2015. In order to achieve this, they aim to reduce two constituencies in Pemba island and two other constituencies  in the Western District of Unguja. The question we asked ZEC was this: In their 2015 constituency review they did not add any constituency in Pemba Island , why is Pemba Island related to this reduction of constituency now? Do ZEC want us to believe that they don't know where they added the new four constituencies in 2015? How and why in 2015 they added all four (4) new constituencies to the island of Unguja but today when they plan to repossess 50 constituencies they want to reduce two (2) from Pemba where they did not add any constituency? All of this confirms  ZEC's conspiracy in ensuring that the Election is voted in advance and will result in this year's election being disqualified as free and fair elections even before the votes are cast.

5. Sabotage in Election Regulations: The National Electoral Commission of the United Republic of Tanzania (NEC) has begun the process of amendment of the Electoral Regulations . According to the Draft Regulations, a question of inviting international election observers is optional. Also, agents of political parties will not be given copies of the vows that all years have been used as part of their identity at polling stations. Also, the right of agents to be given copies of election results has been made voluntary. The Electoral Supervisor reserves the right to provide copies of the election results to the agents if he has   sufficient copies. These regulations will, of course, jeopardize peace and stability in the October 2020 general elections and are done to further undermine the outcome of the elections.

6. The government state organs have  determined to be agents of the CCM: The state organs, especially the Police Force which is responsible for protecting the safety of civilians and their property by doing justice to all citizens, are proving to be on the side of the CCM as the election approaches. This is also reflected in the National Security System (TISS) and the Special Forces of the Revolutionary Government of Zanzibar. For the past five years, the Police Force has been used to disrupt the meetings and activities of opposition parties in the country. In recent years, Police Force officers have been seen prominently in CCM or public activities singing songs or making statements to support and back CCM. With this trend, it is clear that current state organs, and without amendment, cannot do justice to the General Election.

7. Public Administration Offices Used Politically: With the Commission of Judge Francis Nyalali in 1992 calling for the Public Administration , meaning Regional Commissioners, District Commissioners and Council Directors to be separated from politics and to perform public service, no steps have yet been taken to implement  the proposal. It has been 28 years since the restoration of the system of political parties, but the positions of Regional Commissioners, District Commissioners and Council Directors have continued to be used by the CCM through their President who is also the Party Chairman to offer these posts to their CCM cadres. As a result, Regional Commissioners, District Commissioners and Council Directors are more responsible for supporting and backing their Party than being Tanzanian servants. This situation has been notorious  in these five years where we have witnessed the abuse of power to the point of ordering the arrest and detention of various people who have different ideas with them. Others went further in interfering and stopped the opposition political party from holding their meetings. Regional Commissioners and District Commissioners have also been abusing their positions as Chairpersons of Regional and District Security Committees to sabotage opposition parties and support CCM. In such an environment, there cannot be free and fair elections.

8. Public Media Transformed as CCM mouth : Worldwide public media works to serve all citizens due to the fact that they are run at the expense of taxpayers who are all citizens. Its primary role is to manage accountability and to regulate democracy through freedom of the press. Unfortunately for Tanzania and Zanzibar all these media outlets from TBC, ZBC and government newspapers such as the Daily News, Habari Leo, and Zanzibar Leo have been turned to be the mouth of CCM and their main task is to drive CCM propaganda. Although this situation has existed all these years but it is a fact that it has crossed the boundaries in these five years. Currently we  all witness that the public media has started the campaign although the campaign period has not started . All of the programs currently being organized serve only one function of promoting CCM and on the other hand completely avoiding any information provided by opposition parties. One cannot talk about free and fair elections if the public media does not give an equal chance to broadcast the news of all political parties in the country.

9. The 40 Laws of Oppression cited by the Nyali Commission: In its Third Report, the Commission of Justice Francis Nyalali, which issued a recommendation for Tanzania to re-establish the multi-party system in 1992, listed 40 Oppressive Laws that were recommended to be amended and include major reforms or repealed  before the multi-party system was restored in the country. Intentionally, and recognizing that these 40 oppressive laws would benefit CCM and undermine opposition parties, CCM governments refused to comply with the Nyalali Commission's proposal. Instead, we have seen the passing of more oppressive Laws and in these five years, Parliament has enacted many evil laws. Even the Political Parties Act and the Electoral Law did not survive. As a result we have witnessed oppression of the opposition parties, opposition MPs, the media , civil society and non-governmental organizations, religious institutions, users of social networks, and Tanzanians who do not support CCM in general. The political environment governed by the laws of oppression cannot lead to free and fair elections.

10. Non Independent Courts: The pillar of any nation is the existence of a Rule of Law which is administered and protected by independent courts. In recent years we have seen the high degree of independence of the Court shaken by the Court used to suppress justice rather than to grant justice. Even when some of the Judges and Magistrates showed the courage to administer justice and defend the rule of law, we have seen the Court of Appeal, the highest Court in the country, overturn such decisions. As a result, the people's confidence in their Courts has shaken significantly. Independent courts also affect the exercise of free and fair elections. In countries with  Independent Court it is not uncommon to see political parties or citizens when they feel they are denied their rights in the election process, go to Court to seek justice. In Tanzania this is becoming more difficult as our Courts have shifted their focus to the satisfaction of the rulers rather than the pillar of justice.

STEPS TO BE TAKEN BEFORE OCTOBER 2020.

Due to the serious weaknesses we have highlighted here, ACT Wazalendo proposes the following minimum reforms before the commencement of the General Election 2020 campaigns:

1. ACT Wazalendo insists that the  November 2019 Local Government Election lacked political and legal legitimacy. Firstly, the Government should reconsider the role of the existing local government officials, villages and Neighborhoods. Secondly, the Government should ensure that what had happened in the Local Government Elections does not repeat in the coming General Election. ACT Wazalendo , in collaboration with our counterparts in the opposition, are organised to ensure that we control any sabotage such as those experienced in the Local Government Elections.

2. The Government should send a Bill by certificate of urgency to the Parliament of the United Republic of Tanzania and to the House of Representatives of Zanzibar to amend the Constitution of the United Republic of Tanzania, the Constitution of Zanzibar and the Electoral Laws to make both Election Commissions, NEC and ZEC, be free. The provisions of our Constitution and Electoral Laws that authorize the President to appoint a Chairperson, Commissioners and Director of Elections have to be  changed. Appointments should be made by an independent entity. At the Council level, the elections should be directed by the Independent Electoral Commission staff rather than the Council Directors who are mostly cadres of CCM. The proposed amendments also consider for the provision of Presidential election results to be questioned in court.

3. We cannot have a free and fair election when there are thousands of citizens complaining of being deprived of their fundamental right to choose the leaders they want. Therefore, we want the ZEC to ensure that no Zanzibari is intentionally deprived of this right. ZEC should establish a procedure that will allow them  to be registered in the Permanent Voters' Register so that they can exercise their right. By doing this we can attain free and fair elections.

4. The General Election scheduled for October 2020 should be seen as a free, fair, transparent and credible election. It is therefore imperative that ZEC and NEC develop a friendly environment that will allow long and short-term International Observers the opportunity to observe and evaluate this election. At the same time, the International Community should support local observers so that they too can participate in the polling. 

5. NEC and ZEC should involve the stakeholders adequately in the formulation of Election Regulations. Election Rules should ensure the involvement of international observers and agents of opposition parties. Election regulations should also provide for opposition parties to be given copies of the voters' register early before the campaign begins.

6. State Organs, such as the Police Force, National Security and Zanzibar Special  Forces should perform their duties professionally and should stop to favour the CCM.

7. Regional Commissioners, District Commissioners and Council Directors should perform public service functions and should not be  used for political purposes at this election period, during and after the elections.

8. Public media should provide equal opportunity to all political parties without bias of any kind. The media plays a vital role in ensuring that elections are free and fair. 

9. Our Courts should redefine and restore the public's belief that they are instruments of administering and giving justice. Judges and Magistrates as well as other Judicial Officers should be seen  to act in a fair way in order to restore the dignity of our Courts.

10. ACT Wazalendo also officially announces joining with the Zanzibar Citizens in ensuring that their Democratic elections are respected. Therefore, we will make sure that we stand  with the people of Zanzibar to see that the 2020 Electoral Winner gets the chance to form a government with no compromise and cunning as the Zanzibar Constitution of 1984 demands. This will be the 6th election since the establishment of the Multiparty System in 1992. The people of Zanzibar have witnessed all sorts of tricks being done to hinder their choice to get the opportunity to lead the country. What has been done is enough. We want the administration to know that we will not accept any attempt to deprive the citizens of Zanzibar of the opportunity to be led by a leader of their choice  and that ACT Wazalendo will stand by the Zanzibaris public to prevent the attempt. Administrators must be held accountable for the outcome of the trial. I said last year, and I repeat that now , ENOUGH IS ENOUGH!

CONCLUSION

We as a conscientious Party will make all efforts to communicate with other political parties and other stakeholders to see how we can work together to overcome these 10 Constraints and how we can apply the suggestions we have made. The responsibility to ensure we have a free and fair election is the responsibility of every Tanzanian and Tanzanian friends. We,  ACT Wazalendo are committed to direct and lead the way. 

ACT Wazalendo sincerely believes that election stakeholders can use the remaining time before the campaign begins to work on the 10 obstacles we mentioned and create a positive compromise that will avoid our country from needless chaos. We, ACT Wazalendo, say this in the belief that we fulfill our role as key stakeholders in the well-being of our country and its people. We have time. If we decide to use it properly we can do great things for the future of our country. These proposals can be implemented for the remaining time before election if there is goodwill and that we all want to see our country continue to be peaceful and calm and that each of us is proud to be a Tanzanian. 

Thank you very much.