In this article, I am advancing the view that Mwalimu Nyerere’s role in influencing the imposition of that Constitutional limitation on Presidential terms of office, deserves to be given a prominent place in the compendium of his legacy to our nation; in the hope that it could serve as another useful contribution to the variety of commemorative events designed to celebrate the 20th death anniversary of his death during this month of October, 2019. This is because of the ‘greatest good’ that this constitutional provision has contributed to the country’s continuing stability, unity and peace, even after his departure from this world.
I can bear personal testimony to the fact that it was President Julius Nyerere himself, who personally influenced the inclusion in the Constitution of the United Republic of Tanzania, of that (seemingly controversial) provision, which limits Tanzania’s Presidents to a maximum of only two terms in office. This is because I participated fully in the decision-making process which endorsed Mwalimu Nyerere’s powerful submission to the CCM National Executive Committee, in 1984; which subsequently gave birth to this Constitutional decision.
I will attempt to paraphrase what he said in my own words, as follows:-“It is in the nature of the political man who, having acceded to power, to want to remain in that power, especially when he is so encouraged by some of his deceitful followers, (who normally will have their own personal vested interests); who will connive to convince the leader through deliberately misinforming him, that “ this is the wish of the majority of your people”.
Now, it has been rightly said by some wise man, that “power corrupts”. Thus, because power corrupts, the victim leader will succumb to that great temptation, probably claiming that ‘he has fallen captive to the will of his people.’
But woe to the nation if that leader, under the influence of the power corruption, later turns dictator and starts inflicting serious harm on the people. The affected people will have no remedy whatsoever! Hence, even for that reason alone, It is of vital importance that the decision to quit Presidential office should NOT be left to the individual who holds that office. That crucial decision should be made for him by the Constitution”.
Mwalimu Nyerere’s powerful argument was so convincing that it was easily accepted, thus clearing the way for it to be enacted, soon afterwards, by Parliament as a Constitutional provision.
But subsequently, several (failed) attempts have been made by some ‘vested interests’ at different times in the political history of our country, to have this provision removed from the Constitution. In view of such attempts, my reference in the preceding sentence that this provision is “seemingly controversial”, was probably an understatement ! For, looked at in the context of African countries , this issue has, in recent years, become truly controversial , with as many as five countries removing such provisions from their Constitutions since 2015.
The African experience with Presidential term limits.
It is worth noting, that these attempts (to change the country’s Constitution so as to remove, or increase, the presidential term limits), have not been confined to Tanzania alone.
Information given by the CITIZEN on SATURDAY of 19th October, 2019, quoting the Africa Center for Strategic Studies, says that “the leaders of FIVE African countries have put aside, or changed, their constitutional term limits since 2015, bringing the number of countries in Africa that do not have Presidential term limits, to 18. However in contrast, 21 countries, including Tanzania, have continued to uphold these, and an additional 15 countries have such term limits in the books.“
The fact that as many as five countries have removed the Presidential term limits from their Constitutions in such a short period, needs more detailed examination; and, specifically, in order to establish the source of their strength that enabled them to succeed.
In fact, there is no secret at all regarding that source; because anyone who cares, can easily pinpoint the source of such pressures for constitutional change to remove this limit. And it is equally easy to pinpoint whose interest such exercise is actually aimed to serve. This is so because there can only one source, namely the top leader himself who happens to be there at the material time, and who also happens to be so ‘power-hungry’, that he wants to remain in power indefinitely for his entire life; or “until death do us part”, by sending such leader to ‘another Kingdom.’ Furthermore, such exercise can only be in the interest of that leader, plus a few others who expect to benefit from his continued occupation of the highest office in the land.
The CITIZEN story quoted above, also gives a lot more information about how certain specified countries have cunningly handled this matter, as follows:- “Experience from across the Continent shows that all the movements to scrap term limits off the respective countries’ Constitutions, started with the beneficiaries of the proposed changes pretending to be against them; but later giving-in, in the name of the public interest. It is the script that has been followed throughout, that it is difficult to be ignored” . And specific examples relating are given therein, relating to Uganda; Rwanda; and Burundi; which help to buttress the point.
For example, in the case of Uganda, it says that “ President Museveni had promised in his 2001 Presidential campaign, which was his second after Uganda had returned to electoral democracy in 1996, that that would be his last term. Yet before it was even halfway over, a movement was initiated among the National Resistance Movement (NRM) members, to lift the two-term limit established in the 1995 Constitution. He denied orchestrating that movement, but took no steps to quash it, arguing that if Ugandans were intent on drafting him, how could he refuse?”.
In my humble opinion, the basic reasons for Tanzania’s success in resisting this evil temptation are: (a) the realization of the dangers associated with the removal of Presidential term limits; and (b), the proven resilience of our political system, represented by the ruling party CCM.
Experience from several African countries shows that where Presidential term limits exist, attempts to remove them have often led to violence, causing death to hundreds of innocent people, or to internal displacement of thousands of other people.
But on the other hand, where they continue exist undisturbed, and specifically in the case of Tanzania, the Presidential term limits have been an important mechanism for lowering the stakes around general elections, and ensuring greater trust in the political system; which are the crucial factors underlying the democratic legitimacy, by increasing the willingness of Opposition political actors to accept a given election loss, and patiently wait for the next following general election, when they know that they will be competing against a different CCM Presidential candidate.
But despite these advantages, , as already shown above, there have been pressures exerted from time to time, by some ‘vested interest’ individuals or groups, to have this provision removed from our Constitution, all of which, fortunately, have failed.
I would suggest that there are two main factors, which have enabled Tanzania, so far, to retain that Constitutional provision, and its operation, exactly in the way it was crafted and intended by the father of the nation, the late President Nyerere. One is the determination of the ruling party to keep it so; and the other is the sincere obedience to the directives of their party, by all the CCM nominated successor Presidents, who took office after Mwalimu Nyerere ‘s voluntary retirement.
Evidence of the positive influence generated by both these factors, is readily available in the records, as briefly narrated here below.
A brief survey of the past.
The opening first test occurred during President Ali Hassan Mwinyi’s tenure at State House, when some elements in his official group of advisers devised a strategy, which apparently convinced him, to propose relevant amendments to the Constitution that would remove this provision, in order to enable President Mwinyi to vie for a third term in office. Mwalimu Nyerere soon got wind of this plot, and immediately set to work, through the CCM National Executive Committee, to prevent its success. He did indeed succeed, and as a result of which, two senior advisers to President Mwinyi, namely the Prime Minister, and the CCM Secretary General, lost their jobs.
The full story of Mwalimu Nyerere’s endeavours in connection therewith, is succinctly told in his book titled “Uongozi wetu na Hatima ya Tanzania." A little later, similar attempts were made in Zanzibar, where a ‘group of CCM elders”, claiming to representing the “voice of the Zanzibar people”, also attempted to obtain a third term for the then Zanzibar President, Hon. Salmin Amour, who was serving his second and final term.
But this was easily contained , through prompt preventive action taken by the party Central Committee, then under the chairmanship of President Benjamin Mkapa, the CCM national Chairman at the time.
These two incidents serve to provide ample proof of the “resilience of the ruling party” which I mentioned earlier above, in terms of its capability to overcome such personal, or group ‘vested interests’, in favour of the public interest.
One weak point in many of these attempts, is that they normally tend to base their arguments on the good performance of the incumbent President at the material time. That is what explains why the proponents of the current initiative to extend President Magufuli’s term of office.
The incurable weakness of such argument, lies in two distinct areas. One, is the factor of “power corrupts”. We all have seen examples of certain excellent Presidential performers in the initial years of their stewardship, but subsequently turning into ugly dictators, obviously as a result of having been corrupted by power which they held over too long periods. But the other, is the possibility that electors may, quite unknowingly, vote for the wrong person, who subsequently makes himself ‘unwanted’, by becoming a very bad President, whom the people will rightly want to get rid of.
The limit prescribed by the Constitution is what gives such people the needed relief, absolutely effortlessly on their part, when his term in office comes to an end by operation of the Constitution.
In that connection, It should be appreciated that the “Parliamentary system” of governance, also known as “Government by political party” that is operating in Tanzania; that has enabled Chama cha Mapinduzi (CCM) to remain in power for all these years; and whose internal “candidate selection” procedures have enabled this party to select worthy candidates (like John Pombe Magufuli, and his predecessors) ; who, even as Presidents, faithfully obeyed the directives of their party, in relation to maintaining the Presidential term limits prescribed by the Constitution; a factor which has, no doubt, contributed to the country’s unity, stability, peace and tranquility.
Thus, as we commemorate the 20th anniversary of Mwalimu Nyerere’s death. We should also remember to say kudos, or hats off, to all our Presidents, past and present, for sustaining Mwalimu Nyerere’s legacy in that particular respect.
piomsekwa @gmail.com /0754767576.
Source: Daily News and Cde Msekwa Himself.