The way the Constitutional Review (Amendment) Bill of 2013 has been passed in the just ended Parliament session which had this proposed legislation as one of the important items on its loaded agenda, has definitely left keen observers wondering whether we are still on the right track as far as our desire to bring effective constitutional changes is concerned.
Optimists in our midst are simply saying “let us wait and see” while doubting Thomases contend that the future is not all that promising, and if we are not careful we may end up delivering a still-born constitutional baby. Is there any rationale for what some of our leaders describe as unnecessary and uncalled for worries?
The Constitutional Review (amendment) legislation of 2013 is important in this process as it is about the setup of the Constitutional Assembly and how the vital link in this national project will operate to come up with the final draft of the eagerly awaited mother law of the land.
The fact that nearly all the MPs belonging to the major opposition political parties walked out of Parliament during voting time on the bill does not portend well for the remaining crucial part of the constitution writing homework.
The Minister for Constitutional and Legal Affairs considers the incident named as storm in a tea cup, arguing that after all the opposition legislators participated in debating the bill, and therefore their declining to vote is not a big deal.
Observers note that much as some leaders in government might downplay this incident, it is likely to have a serious impact on the remaining part of the new constitution writing exercise - especially if the legislators continue to be driven by partisanship along political party lines instead of national interests as they deliberate on these issues.
As the saying goes, a divided house does not stand. Come November this year and another bill on how to conduct a referendum on the new constitution is likely to be tabled in parliament – that is if nothing intervenes to disrupt the schedule put in place to ensure the exercise is concluded by next year. Unless the wounds developed while debating and endorsing the latest bill are healed, then chances are that a replay of the absurd theatre we have witnessed during the August Parliamentary session is inevitable.
One of the things which are certain here is that the issues which have divided our legislators on this legislation can’t simply go away.
The opposition camp thinks the law which seems designed to ensure that in the end the ruling party is likely to enjoy the support of two thirds of the Constitutional Assembly members, after including legislators In the Union Parliament and members of Zanzibar House of Representatives, as well giving powers to the President to have a final say on candidates proposed by other stakeholders, is nothing but a Machiavellian move.
In other words, they smell a rat and will continue to be suspicious until what will transpire during the Constitutional Assembly sessions proves them wrong. Those who read developments of this nature between the lines realize that this is the main bone of contention, and allegations that Zanzibar was not given the opportunity to provide some inputs in the controversial law may simply be a strategy to get support from the isles.
The war of words among politicians as they air views on the constitutional process is also not encouraging consensus among political players as we move to the vital higher steps in this serious undertaking.
For example, of late one of the famous propagandists in the country has been busy telling the World how one of the political parties is on the payroll of foreign governments to do the dirty work of disrupting the constitution making project.
Such wild claims, which under normal circumstances would attract the attention of law enforcers, simply create tension and animosity among political parties which are expected to work together at this critical moment in the country’s history.
Another observation which proves that politicians are determined to mess up the constitution making process is the continuation of platform campaigns, where they seek to influence members of the public to take specific positions on the controversial issues like the union government setup.
This kind of situation is not desirable, but we can’t do much about it. It is all part of the birth pangs of the envisaged new supreme law of our beloved country. With the kind of environment, constitution writing will continue to be complicated.
SOURCE: GUARDIAN ON SUNDAY
Nimeipenda hii wanainji wa Adelaide
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