Netherlands Institute for Multiparty Democracy

The sacking of the cabinet and the offer of resignation from senior members of government during the year for alleged links with corruption is unprecedented in Tanzania, and unusual for Africa. Despite the gravity of the disappearance and misuse of public funds these developments are encouraging in the sense that the government has become more accountable to the parliament and population.

The real proof of accountability will be the prosecution of those implicated to the scandals, as recommended by the parliament. It is the mainly the merit of the opposition parties alliance and the press. They forced the government to take consequences and restore accountability and responsibility. A negative development took place when the opposition alliance of Chadema, CUF, TLP and NCCR Mageuzi, which was formed in 2007, finally disintegrated due to misunderstandings between their leaders in the end of 2008.

However, since the alliance survived for over one year contrary to pessimists who did not give it any chance of surviving is an indication that they can work together. It is expected that the alliance will overcome once the air has cooled from acrimonious mutual public accusations.

Insttutional reform

This brings us to the need for reform of the legal framework is especially pressing with a view of the upcoming local and general elections in 2009 and 2010 respectively. Still the constitution is not adapted fully to multiparty politics. Constitutional reform still remains a bone of contention between the ruling party and the opposition parties. During 2008 stances seems to have been softened on this important issue. The opposition parties have dropped their demand to re-write the constitution and agreed to a procedure of amending the current constitution. The governing party on their side agreed (reluctantly) to study and review areas within the constitution which need modification.

As a consequence of not adapting the current legal framework, which favours the ruling party, sufficiently towards multiparty democracy, political parties do not enjoy an equal level playing field. A serious problem in this regard is that the current Political Parties Act of 1992 has a number of provisions which are constraining the emergence and entrenchment of democracy including prohibiting coalition forming, party mergers and state funding for election costs.

The fact that the Cabinet released a paper on this issue with proposed amendments shows that change is feasible on this subject. Another important topic with a view to the upcoming elections is campaign financing. Last year CCM Central Committee has directed the government to review political parties’ campaign financing.

The simple fact that CCMs Central Committee can direct the government to review law and policies shows the power and interlocking relationship between government and the ruling party. Since the issue of campaign financing was not part of the amendments of the political parties’ act 1992, and is a new concept in Tanzania, it is vital to support this encouraging development with care.

Code of ethics

During subsequent elections both the ruling party and the opposition seems to ignore the Code of Ethics in their political campaigns. Last year the Code of Ethics was under review. CCM Central Committee has directed the government to review the Leadership Code of Ethics. There has been massive public outcry about leaders in public sector abusing their positions. Condemnation has been especially reserved for those whose companies have been named in a number of scandals that rocked the nation during the first half of 2008.

Tanzania has had a Code of Ethics up to 1991 when the socialist system was formally abandoned. Among other things it barred leaders in public service to engage in business. When abuse got out of hand, a weaker Code of Ethics was promulgated. It, among others, requires public leaders to declare their property before the Ethics Commissioner.

Even this simple exercise is done by leaders reluctantly with routine public reminders and cajoling by the commissioner. It is promising that the CCM has decided that the loopholes should be plugged by reviewing the Leadership Ethics Code, which will be done by Parliament in 2009.