LAST week, we briefly looked at climate change which continues tormenting the world and people in different ways.

We particularly focused on a right to a clean, safe and healthy environment as provided for in section 4(1) of the Environmental Management Act, 2004. The law also gives us “the duty to safeguard and enhance the environment and to inform the relevant authority of any activity and phenomenon that may affect the environment significantly” (section 6). It is through this that we can take care of nature.

Today, I invite you to briefly look at our right to a just electoral process (electoral integrity) and our duty to make it happen. We can do this keeping in mind that this year Tanzanians will have the general election to elect the President of the United Republic of Tanzania, Members of Parliament (MPs) and Councillors. 

To start with we can recall Article 8 of the Constitution of the United Republic of Tanzania (R.E. 2005), which establishes the government of the people. Sub-article (1) states that “The United Republic of Tanzania is a state which adheres to the principles of democracy and social justice and accordingly –(a) Sovereignty resides in the people and it is from [them] that the government… shall derive all its power and authority; (b) the primary objective of the government shall be the welfare of the people; (c) the government shall be accountable to the people; and (d) the people shall participate in the affairs of their government in accordance with the provisions of this Constitution.”

Last year, we had the local government election and according to Minister of State in the President’s Office (Regional Administration and Local Government) Mohamed Mchengerwa, in the election of local government chairpersons, the ruling party (CCM) won overwhelmingly (99.01 per cent), followed by Chadema (0.79 per cent), ACT-Wazalendo (0.09 per cent), CUF (0.08 per cent), NCCR-Mageuzi (0.01 per cent), UMD (0.01 per cent) and NDC (0.01) of all votes. 

However, some concerns were raised, one of them being ballot stuffing. Although some government and CCM leaders had assured election stakeholders that the electoral flaws experienced during the 2019 local government election wouldn't be repeated, there was not much difference from the 2019 local government election because similar complaints were raised again. 

We are now remaining with the general election later this year and stakeholders, including opposition parties, have called for reform to ensure past electoral flaws don’t recur.

Since as we have seen above “sovereignty resides in the people and it is from [them] that the government…shall derive all its power and authority”, then it follows that the wishes of the people during elections must always be respected for it is through this that we can claim to heed the principles of democracy and social justice.

International Institute for Democracy and Electoral Assistance (IDEA) in its “Global State of Democracy 2024: Strengthening the Legitimacy of Elections in a Time of Radical Uncertainty” report talks about “electoral integrity” based on two key principles - the credibility of the entire electoral cycle (as opposed to merely voting and vote counting) and the legitimacy of global norms (as stipulated in various international human rights instruments before, during and after the general election. In this, philosophers remind us that in order for something to be good, 1) it must be good itself, 2) in its means of achieving it and 3) in its end (results).

As regards the general election later this year, these three elements constitute what the report calls “electoral integrity” without which we just have what is called “electoral fraud”. So, as we prepare for the general election, let us make up our mind that this year we’re going to hold transparent, free and fair general election.

Meanwhile, Chama cha Maendeleo na Demokrasia (Chadema), the main opposition party in Tanzania, just concluded its general meeting which started on January 20-21, 2025 during which it also elected its national leaders. 

Antipas Tundu Lissu was elected Chadema National Chairperson, John Heche was elected Chadema National Deputy Chairperson and Said Mzee Said was elected Chadema National Deputy Chairperson for Zanzibar. John Mnyika was reappointed Chadema National Secretary-General and Amani Golugwa was appointed Chadema Deputy Secretary-General.

Lissu won by 51.5 per cent of all votes cast against his close competitor former Chadema National Chairperson Freeman Mbowe, who won by 48.3 per cent of all votes cast. Mbowe, who has been in top party leadership for 21 years, conceded defeat, and thanked the new national party chairperson and his team for the victory and for taking over the responsibility to lead the main opposition party for the next five years.

On various occasions Lissu has made it clear that “no reform, no election”, referring to the necessity to have a just electoral process which leads to the election of leaders according to the wishes of voters. This includes having an independent national electoral commission, an enabling election environment and enabling election provisions. Stressing this need for reform, Lissu said, “participating in an unjust electoral process translates into endorsing it.”

Chadema’s election has been commended by various stakeholders for reflecting transparency, and a free and fair election worth emulating by other political parties. As we prepare for the general election later this year, it is important that the electoral process becomes transparent, free and fair. It is possible to hold an election in which all stakeholders can accept its results and this can be only done if all election stakeholders observe election integrity and detest electoral fraud.

Today’s quote: “Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be.”

·        The author is a Dar es Salaam-based lawyer. He can be reached at [email protected]