ELECTION UPDATE 2005 Number 1 26 September 2005

contents

PRE-ELECTION POLITICAL AND CONSTITUTIONAL SETTING Introduction 1 Brief History of Elections 4 Constitutional and Legal Framework 5 Election Administration 8 Review of 2000 Elections 12 Media 13 Political Parties 15

Compiled by Shumbana Karume

EISA Editorial Team Jackie Kalley, Khabele Matlosa, Denis Kadima Published with the assistance of the New Zealand Embassy

PRE-ELECTION reviewed via a justifiable list Following this, it is only fair POLITICAL AND of topics. The update begins that Tanzania’s history of CONSTITUTIONAL by revisiting Tanzania’s union elections under the single SETTING structure, which has of late party system is presented seen its fair share of before proceeding with a brief Introduction discontent from the minority overview on the two elections parties. Proclamations of held to date since the dissatisfaction with the Union The following update attempts structure have been coming a tapered examination of the union matters for Mainland key issues pertinent to predominantly from the Tanzania, whereas the government Tanzania’s 2005 largest opposition party in of Zanzibar deals with non union parliamentary and presidential Tanzania, the Civic United matters relating to Zanzibar isles elections. In many cases, a Front, which has over the only. This has created a situation review of a country’s years made repeated calls for which according to the CUF quite clearly benefits Tanzania Mainland elections is unlikely to a referendum to decide on the 1 more than Zanzibar, specifically undergo an all-encompassing future of the union. over issues such as foreign affairs, assessment of the relevant defence, communications, foreign elections matters, leaving exchange, and higher education, 1 aside other dominant issues The CUF is also protesting that which the union government has that influence the delicate the union as it stands is not equal; control of. Consequently, they are democracy within the it is not a union between two states calling for a three-tier government but rather a union for Tanganyika which would create separate analyzed elections. That said because it is the United Republic governments for Tanganyika and the subsequent analysis will of Tanzania that deals with all Zanzibar, including a federal contain a set of election issues union matters together with non government for the union. election update 2005 Tanzania number 1 introduction of the multiparty articulated in the terms of the i. The Constitution and system. Within this context merger. Essentially, as it Government of the the political environment became much clearer later, it United Republic; which has been plagued with was a political initiative ii. External Affairs; opposition discontent over the between Presidents Abeid iii. Defence; seemingly unlevelled and Amani Karume of Zanzibar iv. Police; unfair playing field will also and Julius Kambarage v. Emergency Powers; briefly be discussed. Attention Nyerere who under the union vi. Citizenship; within this first update then became Vice-president and vii. Immigration; shifts to the core processes President of the United viii. External Trade and that define the conduct of Republic respectively. The Borrowing; elections. These are none merger left Zanzibar with the ix. The Public Service of other than the constitutional same degree of autonomy; the the United Republic; and legal framework of isles still remained x. Income Tax, elections; and the governance independent but received all Corporation Tax, and administration of the benefits of the union. The Customs and Excise elections which put into the Zanzibar civil service, police Duties and picture the institutional and defence forces, for xi. Harbours, Civil legitimacy of elections. The example, are paid for by the Aviation, Posts and article, in addition, attempts to union’s budget. Furthermore, Telegraph. understand the processes of Zanzibar had, and continues intra-party nomination and to have, representation both in The fact that these matters selection of a presidential the Zanzibar House of were never openly discussed candidate in Tanzania, leading Representatives and in the or its implications on the to a review of most of the union parliament, while the economic and political registered political parties and mainlanders are only foundations of both countries non political entities such as represented in the latter. examined thoroughly, they donors and the media which remain divisive and worse the have continued to play What the Union did was precise legal character of such prominent roles during simply to create a union an arrangement continues to elections. government that controlled be a prickly issue. Although mainland affairs and also most mainlanders and No examination of the United allowed for a separate Zanzibaris accept the original Republic of Tanzania can be Zanzibar government with its articles as the legal basis for complete without some own President, Constitution the Union, over the years a mention of the country’s and institutions of power such gamut of opposition opinion union. It is a union structure as a House of Representatives leaders have emerged to that is of grave importance to and local council system question the legality of the the continuing political, (Diwani). Clearly, Zanzibar Union and the form which economic and social stability did not only benefit from the was designed to bring it into of the country, and needless to Union it also managed to effect. Much has been said say for its future progress. The retain its autonomy, giving it about the secrecy surrounding United Republic of Tanzania the freedom to govern as the development and was established in April 1964, before except on the matters inception of the Union, following an amalgamation of agreed to in the merger. These leading the few opponents to the former independent states matters affected both Zanzibar suspect that the Union was of Tanganyika and Zanzibar. and Tanganyika and were more of an imposition on The Union was aimed mostly under the jurisdiction of the Zanzibar isles than a at guaranteeing political Union government. The consensus between the two stability for both countries, Articles of the Union countries. Worst still is the although this, as with other contained the following argument proclaimed by these goals, was not clearly eleven areas as Union matters: same antagonists against the

2 election update 2005 Tanzania number 1

Union that that the articles precariousness of the union. design. Historically, the three were never really ratified by Most of the opposition tier-government motion has Revolutionary Council of recognises that the union continued to surface through Zanzibar leaving not only its created neither a federal nor out the past decades, initially legality but its mere existence unitary state. Rather, it had instigated by President Aboud under much uncertainty.2 allowed for a separate Jumbe, the second president Zanzibari government with its of Zanzibar; who had The undercurrent tensions own president and institutions introduced it via a draft surrounding the Union of power, as well as a Union Constitution. The issue then however, revolve more around government which controlled re-surfaced with the G554 its operation and modalities the mainland with jurisdiction motion by Union than the manner in which it over foreign affairs, defence, Parliamentarians seeking the was created. For starters communications, currency, establishment of a concerns over citizenship, the and higher education for the government for Tanganyika control of foreign exchange, entire country. To allow for a following Zanzibar’s decision the collection and distribution more concrete and less porous to join the Organization of of taxes and customs duties Union, different forms of the Islamic Conference (OIC). and the formula for Union have been proposed. Accordingly, given the contributions to the On both extreme ends to the frequency by which such a Republic’s expenses, have current two-government proposition keeps popping up emerged over the years from system, which inevitably will and the tenacity exercised by different factions of society. be retained for many years to its instigators, it renders it For others the ideals of the come, stand two main pertinent, and should therefore Union are not a matter of proposals. The first is to have be taken more seriously. much concern, but do a single fully unified Other than this, several however, suggest that the government and the second a relationship between the Union that comprises three Zanzibar isles and Mainland governments. According to 4 As part of opening up the process Tanzania needs to take the proponents of the single to competitive politics, a different form if there is hope government, and make no commission was set up headed by Chief Justice Nyalali to ascertain for its survival. Indeed it must mistake they are a definite the people’s desire for change. be noted that despite these minority, this was, in fact, the One of the areas the commission views and discontent some intention of both Presidents was forced to investigate was the minority parties may have Karume and Nyerere – the union matter. In response to the over the Union, it is regarded founding fathers of the Union, few dissenting voices against the by the majority as an hence their wishes should be union, the commission proposed a economically and politically respected. Even more so it number of institutional changes to the union’s structure. The beneficial agreement between would be more befitting to proposals called for the two sovereign states that has have a single government establishment of a separate over the years served to under the current trends of Tanganyika government in protect both their interests. globalisation and regional addition to the existing Zanzibar integration.3 As for those who and Union government. In essence, To date several perspectives argue for a three-tier the proposed design was to move and solutions to the Union government - a reform which from a union with two governments to a federation with have been put forward by the would introduce a government three governments. These few opposing flock, which for Mainland Tanganyika, one proposals were introduced as they claim will address the for the Zanzibar isles and a legislation in the National government for the Union - Assembly by 50 or so parliamentarians, but without 2 they use mostly historical Kituo Cha Katiba (KCK) – East reasons and perspectives for much success as the CCM party African Centre for Constitutional not only rejected the commission’s Development Fact Finding Report pushing for a Union of this recommendations but ensured that of Muafaka Agreement, April these received no support in 2003 3 ibid parliament as well.

3 election update 2005 Tanzania number 1 economic and political factors party, the African National revolutionary government have been cited in support of Congress (ANC) which had headed by Abeid Amani this scheme. Politically, it is failed to secure any seats in Karume. felt that the two-government the Legislative Council. system does not allow for a Zanzibar’s election history The revolutionary government partnership to exist between however was of a very revoked the 1963 the two sides of the Union. different nature. The Independence Constitution Additionally, it has deprived contestation between the main and proceeded to govern the mainland of its political parties in Zanzibar Zanzibar by means of sovereignty and government, over the seats of the Presidential Decrees. In and moreover, the current Legislative Council began in February 1977 the ruling ASP system has marginalised 1957 with the Afro-Shirazi5 in Zanzibar merged with the Zanzibar. party gaining a sweeping TANU party of the mainland victory over the Zanzibar to form the Union party The fact that the Union National Party (ZNP)6 Government and Tanganyika winning five of the six (CCM), effectively creating a government are effectively contested seats. Three more one party state. After 30 years one and the same, has given elections were held in January of single party rule, multiparty the mainland undue influence and June 1961 and in July elections were held in 1995 over the isles, where as the 1963, again with the ASP following several legislative three-tier government motion securing an overall majority amendments which paved the would not only preserve the of the votes. However, due to way for the elections. These identity of Zanzibar but significant gerrymandering by had been recommended by the eradicate all these defects. the British Protectorate Nyalali Commission which Although such motions have government, the ZNP together President Mwinyi established received limited attention, with a minority party, the to make recommendations on there is indication, however Zanzibar and Pemba’s whether it was advisable to that the proponents of both the People’s Party (ZPPP) introduce a multiparty system. single government and the garnered more parliamentary The legislative revisions three-tier government systems seats and thus came to included the 8th Amendment will not be silenced and seem dominate the Legislature. This to the Constitution, the to have only deferred the arrangement did not last very establishment of the Registrar debate for a more propitious long, as the ASP mounted a of Political Parties and the occasion in the future. revolution in January 1964 passing of the which ousted the Sultan and Act of 1992, which stipulated Brief History of Elections thereafter established a that new political parties had and Transition to to be registered with the

Multiparty Elections 5 The Afro-Shirazi Party was a Registrar of Political Parties union between the mostly Persian with a minimum of 200 Prior to the establishment of Shiraz Party and the mostly members each from the 10 the United Republic of African Afro Party regions in the country, Tanzania, Tanganyika 6 The ZNP was a coalition of the including Zanzibar and mainland functioned under a Arab association and the Pemba. In addition, parties de facto single party system Nationalist Party of the Subjects of had to satisfy the Registrar the Sultan - a party chiefly formed with TANU (Tanganyika to protect Arab aspirations. that they were not formed on African National Union) Although the party did for a brief an ethnic, regional and emerging as a dominant period campaign on the platform religious or sectarian basis. political party. During this of Africa for Africans and claimed time there had only been one that it was non-racial and The United Republic of presidential election in 1962 nationalistic, this was purely a Tanzania is now heading for with TANU winning an political gimmick. The ZNP was the third local and general an Arab organisation and was overwhelming majority supported by most members of the election scheduled for 30 against the main opposition Arab community. October this year. Much has

4 election update 2005 Tanzania number 1 transpired since the 1995 suit, after considerable legislation of Zanzibar, it has multiparty elections; pressure was brought to bear effective powers in non-union Tanzania, for starters, has on CCM and CUF to seek matters only. The House has successfully evolved from a conciliation rather than five categories of members: nominally multi-party confrontation. Since then popularly elected members, political system to a Zanzibar’s reconciliation and ten nominated members, ten potentially competitive accommodation processes women members nominated multiparty system. It has guarded by the Muafaka by the Electoral Commission experienced plural democracy accords have continued to from the list submitted by all in parliamentary by-elections play a significant role in the political parties that have and local government isles’ politics, and it is against obtained more than 10% of elections; and has even this background that the the elected seats, five regional attempted to reform its forthcoming multiparty commissioners, and the governance institutions, elections in Zanzibar should Attorney General. among others. In essence, be viewed. however, Tanzania is a In recent years, Zanzibar has country that is still going Constitutional and Legal seen other progressive through a democratic Framework of Elections approaches to transition process. Unlike constitutionalism, such as Mainland Tanzania, Zanzibar Institutions of law and introducing a number of has not been as fortunate, in constitutional making: breakthrough institutional that a combination of historic The United Republic of structures and government factors have produced ethnic Tanzania has a unicameral organs vested with powers to relations that have become a National Assembly called advance constitutional constant political issue. “Bunge” with a total of 274 reforms. These include the Political tensions in Zanzibar seats. In addition to the 232 Law Reform Commission, have been drawn out over the seats elected by popular vote which arguably is currently decades and the 2001 election in single member non-functional, but conflicts revealed that ethnic constituencies and the 37 seats nonetheless has the potential tensions and identifications allocated to women, five seats to objectively play a critical are still deeply rooted, with go to members of the role in ensuring that the the potential to halt the Zanzibar House of process of law reform is democratic process. In Representatives. The comprehensive and fully January 2001, demonstrations Members of Parliament serve covers the key issues of held by the five-year terms. In addition to constitutional development in Pemba against the apparent enacting laws that apply to the that require consideration. flawed process and entire United Republic of Additionally there is the gerrymandering result of the Tanzania, the Assembly recently instituted Ministry of October 2000 elections in enacts laws that apply only to Constitutional Affairs vested Zanzibar, culminated in the the mainland, although there with the task of consolidating loss of lives and, some would have been instances in which the rule of law and argue, grave human rights the Union Parliament enacts depoliticising the system of violations. The second laws on non-union matters prosecution8. Muafaka7 agreement followed which extend to Zanzibar. The Legal Framework of isle’s legislature - the House Elections: 7 Zanzibar’s political crisis of Representatives - is Presidential and parliamentary following the 1995 multiparty responsible for enacting the elections in Mainland elections was first settled, in June 1999 through a Commonwealth- mediated agreement called the Anyaoku. Muafaka 1 however, 8 Kituo Cha Katiba (KCK) – East Muafaka 1 accord. The was never implemented due to the African Centre for Constitutional Commonwealth reconciliation lack of political commitment Development Fact Finding Report efforts were directed largely by the which was further fuelled by of Muafaka Agreement, April Secretary General Chief Emeka suspicion between the parties. 2003

5 election update 2005 Tanzania number 1

Tanzania are held according reform groups and dissatisfied reform was effected was via to the Constitution of the opposition parties continue to changes to both the Elections Republic of Tanzania, 1977 make demands for a more Act of 1985 and the Local (with relevant amendments), comprehensive constitution, Authorities Act of 1979 and the Elections Act, 1985 (Act hoping to arrive at a the Zanzibar Elections Act of No.1 of 1985) with all the consensus between them and 1984. Those effected in the amendments up to and the incumbent party. year 2000 were through Act including 30 June 2000, and According to these dissenting no.4 of 2000 and Act No.10.of the Political Parties Act No. 5 voices, that despite the 1994 2000. The same year saw the of 1992. Local government constitutional changes that 13th amendment to the and town council elections are established multiparty systems Constitution. A number of regulated under the Local and opened the way for the areas introduced in the 13th Authorities (Elections) Act, first multiparty elections in constitutional amendment are 1979 (Act No.4 of 1979). 1995, several issues remain worth noting. Firstly there Zanzibar however has a outstanding and would best be was the simple majority issue, separate Constitution and addressed by constitutional whereby according to Article Elections Act. The following reform. In fact, some 41 (6) a presidential candidate legislation regulates the isles’ opposition parties, most needed only a simple majority elections: notably CUF contend that for to win the presidency and not i. The Zanzibar Constitution elections to be free and fair in more than 50 percent of the of 1984 with amendments Tanzania, the existing votes, as was the case in the up to 1995, constitutions of the Union and past. It was argued that this ii. The Ninth Constitutional Zanzibar should be would save the tax payer from Amendment Act, 2002. completely discarded and be paying for presidential iii. The Zanzibar Election Act replaced by new ones. elections re-run. Secondly, of 1984, with amendments Essentially according to CUF prior to the amendments, the up to 1995. the existing electoral laws that mainland President did not iv. The Election emanate from these have the power to nominate (Amendment) Act, 2000. constitutions contain anybody to Parliament save v. The Election provisions that simply for the Attorney General, (Amendment) Act, 2001. underline the dominance of a women in special seats and vi. The Election single party system, and to those representing the (Amendment) Act, 2002. amend them would not suffice Zanzibar House of vii. The Political Parties Act, as this merely builds on and Representatives. The 13th 1992. incorporates the assumptions Amendment now allows the upon which these provisions President to nominate up to Constitutional amendments were based; assumptions that ten Members of Parliament, and electoral reforms by and large enhance the enabling the President to As in other transitional position of the incumbent nominate representatives of societies’, essential party. Hence a completely disadvantaged groups such as constitutional and legislative different constitution is the disabled, women and foundations that endeavour to needed with provisions based youth. Thirdly, the 13th make plural and competitive on fresh and new amendment saw an increase in elections possible have been assumptions. the number of special seats for established in the United women from 15 percent to 20 Republic of Tanzania. The It is unlikely that such percent. debate on a more inclusive aspirations will come to pass; constitution that will guide the the ruling CCM government In recent months some of the transitional political system however, has undertaken proposals that had been and one that contains several electoral reforms introduced by the reformists additional democratic rules sought by CUF since the first prior to the 13th Constitutional relating to elections still rages multiparty elections. One of amendment of 2000, have on, however. Many of the pro the areas in which electoral begun to gain momentum. As

6 election update 2005 Tanzania number 1 expected, the forthcoming amendment bill which seeks articles which covered mostly elections have given these among other issues, to contentious issues such as: proposals a new impetus. The increase the number of special single candidacy proposal for seats for women from 20 • review of the Constitution example has once more come percent to 30 percent as well and electoral laws; to the foreground of as the number of MPs • reform of the Zanzibar constitutional debates. appointed by the President; to Electoral Commission Currently independent include not less than five (ZEC) and the judiciary; candidates do not have the women. These amendments • compilation of a credible right to run for office, the law have received the support of voters’ register; stipulates that a candidate can many of the political parties • equal access to the media; only contest for a consulted, the Attorney • free political activity; parliamentary seat or the General’s Chambers, as well presidency through a as the isles and union electoral • independent assessment of registered political party. commissions. It remains to be CUF compensation This, argue the reformists, is seen however, if any will be claims; rather unfortunate as it is transformed into legislation, • ending the CUF contradicts the freedom of to be added once again onto parliamentary boycott; association provision in the the bandwagon of past and Constitution. Besides constitutional amendments. • giving the CUF two more reintroducing the independent parliamentary seats. candidacy amendment Muafaka II led legal and proposal, several fresh constitutional amendments Because the Muafaka II election related-amendments As already mentioned Accord is central to the to Act No.5 of 1992 have in Muafaka II was a constitution and governance addition been proposed. It has reconciliation agreement issues of the islands, it is been proposed that political between CCM and CUF as a necessary to give the parties should be able to unite response to the events of agreement some and apply for recognition by January 2001. The terms of consideration. In 2002 the the Registrar after the merger Muafaka II were similar to Agreement was entrenched in has been effected. The those of Muafaka I with an the Zanzibar Constitution via proposed amendments also emphasis placed on the 8th and 9th amendments. suggest that any political party governance issues. Both of the Given this background it is that would receive less than 3 peace accords addressed the important that its implications percent of the total votes in a two most powerful elements on the constitutional presidential election should that combined to form developments and electoral automatically be deregistered. political conflicts in Zanzibar: laws are examined. Automatic deregistration racial identity and the political would in addition apply to a system. The former, as it was One of the most important party if it failed to secure a soon discovered, was much reforms introduced by single legislative post or be more difficult to address as it Muafaka II via the 8th and 9th without councillors in at least is a persistent and intractable amendments to the five villages in local issue that is much less Constitution was the government elections. In amenable to negotiation. The restructuring of the Zanzibar matters that are less latter offered a more effective Electoral Commission (ZEC) momentous, the proposed law solution as the political from its original composition. continues to suggest that conflict in Zanzibar needed at Section 119 of the parties should be required to best to be addressed from a Constitution was amended to maintain permanent records of governance standpoint. allow for the inclusion of two their members in each region Regarding the areas to which members of the commission and have offices in both parts both parties were to adhere, appointed by the President of the union. There is also the the agreement contained 15 upon the advice of the 14th Constitutional opposition in the House of

7 election update 2005 Tanzania number 1

Representative. Similarly two Election Administration Thus, NEC and ZEC have more members were to be NEC and ZEC statutory powers and are the appointed upon the supreme organs in all matters recommendation of the leader The responsibility for concerning the Union and of government business in the managing elections in Zanzibar elections House. Furthermore, the Tanzania is vested in two respectively. The chairman of ZEC was election supervisory bodies. Commissions, however, required to be a person who The 1977 Constitution of the consult on a regular basis has been or has the United Republic of Tanzania, during the implementation qualification to be appointed Article 74(1) gives and execution of their duties, judge of the or administrative and as required by both the Court of Appeal anywhere in supervisory powers for the Constitution of the United the Commonwealth; and lastly Union elections to the Republic of Tanzania (1977) but not least the ZEC was National Electoral and the Constitution of empowered to appoint its own Commission (NEC), and the Zanzibar (1984). returning officers. A further Elections Act of 1985 and the reform introduced under the Local Authorities (Elections) Both Commissions are framework of Muafaka II Act of 1979 govern the mandated to perform similar related to the establishment of conduct and operation of the electoral functions. The a permanent register of voters. Commission’s electoral functions of the NEC are to duties. The first NEC was supervise and coordinate the A new sub- section (3) (a) of appointed on 17 January 1993 registration of voters in the section 7 of the Constitution and is stipulated to be an presidential and parliamentary of Zanzibar empowers the independent neutral institution elections in the United House of Representatives to in articles 74(7) and (11) of Republic, and Councillors provide in a law for the the Constitution of Tanzania. Elections in the Mainland; to establishment of a permanent supervise and coordinate the register of voters. This was Besides the aforementioned conduct of presidential and done in section 13 of the legal framework, the parliamentary election in the Elections Act, 1984, as Commission is also United Republic, and amended by Act No.12 of empowered to make Councillors elections in 2002. These reforms including regulations which are relevant mainland Tanzania; to review others such as those relating to the day to day activities the boundaries and demarcate to village leaders (shehas), pertaining to electoral duties. the United Republic into and residence requirement While the laws give legal various areas for the purpose laws9 did much in rectifying power to the NEC as the of parliamentary elections; to the ostensibly impartial custodians of election declare elected, Members of electoral process. administration and Parliament for women special management for the Union seats; and to declare elected elections, the mandate for councillors for women special administering Zanzibar seats. elections is granted to the Zanzibar Electoral The functions of the ZEC, on Commission (ZEC) by article the other hand as stipulated by 119 of the 1984 constitution. sections 5 and 6 of the 9 In amending the electoral laws Elections Act No.11 of 1984, the absolute powers of the village Like NEC, ZEC has powers to are to supervise the general leaders (shehas) over voter issue regulations, directives, conduct of the presidential, registration were reduced, and the notices and subsidiary members of the House of residence requirement laws electoral laws governing the Representatives, and local reduced the number of years a person was allowed to participate administration of elections. authorities elections in in elections after moving into a new area from 5 to 3.

8 election update 2005 Tanzania number 1

Zanzibar. Supervision discharge of the functions of parliamentary elections, or includes, among other the commission.”10 with qualifications considered demarcation of constituencies appropriate by the President into polling districts, The President appoints all the for the job. The ZEC is given appointing registration members for five year terms, the responsibility to appoint officers and coordination of and, under the Constitution, its deputy-chairperson among registration process. they are prohibited from being the other appointed members. members of any political The constitution also provides Composition/organizational party. Also certain members three clear guidelines (other structure of NEC and ZEC are further disqualified by the than death) for the removal The NEC is a seven-member Constitution from from office of any member of body comprising a Chairman, appointment as the Commission, namely: a Vice-chairman and five Commissioners. These are completion of a five-year term members. The Chairman must cabinet ministers and deputy since appointment; the be a Judge of the High Court ministers; members of occurrence of anything that or the Court of Appeal and parliament; local government would have stopped a member one of the other councillors; and leaders of to be appointed, if the person Commissioners must be a political parties. is not a member of the member of the Tanganyika Commission; and removal by Law Society. In addition to the seven the President of Zanzibar. All presidential appointed those appointed and involved Furthermore the Vice- Commissioners, the NEC has in the management and Chairman is appointed on a secretariat as well as a administration of elections are basic principle that when the Director of Elections. The barred from belonging to a chairman of NEC comes from Director of Elections is the political party. one part of the Union, the Chief Executive of the NEC Vice-chairman must come and the Secretary to the During an election both from another part of the Commission. He is not a Commissions have several Union. member of the NEC, nor does committees, such as the he have a vote. He is however, international organisations Regarding the remaining five appointed by the President and observers committee; commissioners, one must be a upon recommendation by the supplies and logistics; press member of the Tanganyika Commission. and public relations; Law Society, while the other government and political four members must be persons The Zanzibar Electoral parties; civic educations and with experience in the conduct Commission (ZEC) also NGOs; electoral authorities and supervision of comprises seven members. and electoral processes, and parliamentary elections or The act stipulates that the coordination in which all with other qualifications following members will be registered political parties are deemed appropriate by the appointed by the President of represented to create President. According to Zanzibar; the chairperson of confidence in the electorate. section 4(1)(d) of the the commission with relevant Elections Act 1985, the four qualities as the President may Beside the registered political other members of the feel appropriate. Other parties, relevant stakeholders commission are to be “persons members are appointed on the from the public and private possessing either adequate following criteria: one from institutions as well as experience in the conduct or Tanganyika Law Society; and independent citizens also form supervision of parliamentary other four members must be the committees. Regular elections or such other persons with experience in the consultative meetings are held qualifications as the President conduct and supervision of between the committees and considers necessary for or pre- political parties at the national requisite to the effective 10 Handbook of Tanzania Election level and between the Laws and Regulations, 2000 Returning Officer and

9 election update 2005 Tanzania number 1 political parties at the In almost each election government and the remaining constituency level. administered by both 14% was provided for by the Commissions thus far, donor community. The Financing operations have had to be election bill for the Union’s The finances of both the NEC undertaken with insufficient 2000 elections was anticipated and ZEC have become an funding. And although it is to increase by a much higher issue of contention in not exactly easy to assess the percentage, had it not been for Tanzania. It is not so much exact impact of inadequate the measures the NEC had the escalating cost of elections funding on the Commissions’ taken to reduce the costs. For that is the problem but rather administrative capacity, both example, it put an end to the the commissions’ dependence institutions continue to stress practice of paying allowances on foreign sources and the that it affects their ability to to polling agents and also caustic relations that have meet many of their combined and redesigned ensued as a result of this responsibilities. For instance, certain forms to cut down on reliance. in the 1995 report, the NEC printing expenses. In addition, places blame for almost all its several amendments were As in many other countries in shortcomings on the untimely made to some of the the region, the specific funds from both the legislation, which helped institutions necessary and government and donors. It reduce the costs considerably responsible for administering believed, as did others who as the amendments allowed all or governing multiparty observed the process, that the the three elections – politics have experienced “commission was not given presidential, parliamentary numerous financial difficulties early and timely funds to and councillors’ elections – to over the years; the two enable it to carry out its be conducted and supervised electoral commissions in election activities in by the NEC only in all the Tanzania are no exception. accordance with its constituencies. As for this timetable”, and that this year’s Union elections, the What makes the situation even situation was actually the approximate costs likely to be more complex in Tanzania is “main cause of most of the incurred by the NEC are that finances for both problems which surfaced expected to go up to a institutions are largely during the elections”. In order staggering US$50 million dependent on and determined to avoid financial difficulties because of the introduction of by the often contradictory and the inconsistent releasing the permanent voters’ political dynamics existing of funds, the Commissions register11. both within the international have recommended the community and the creation of an election fund in The establishment of the government. To make matters which money would be Union’s permanent voters worse, the Constitution and deposited during the inter- register for the 2005 elections Elections Act of 1985 do not election period for use during itself was expected to cost secure funds for the an election, rather than wait Tshs37 million. As for the commissions. until an election year for the overall budget for ZEC’s mobilisation of funds. permanent voter’s exercise, it The Commission in Mainland received about Tshs 305 Tanzania in fact operates as a It may be interesting to note million12 from the government department of the Office of that election bill for the and expected a total of the Prime Minister. This Union’s 1995 elections came means it has no independent to a total of US$38 million 11 At the time of writing NEC’s budget or the legislative right with donors supplying a third estimated election budget stood at to be allocated funds directly of these costs. This increased 40 million Tshs of which US$9 from the government budget only slightly for the 2000 million will be covered by the donor community and it is thereby fiscally elections which came to 12 Approximately US$3 million at controlled by the Office of the TSh39, 893,379,900, 86% of the exchange rate of US$1=1114 Prime Minister. which was covered by the Tshs

10 election update 2005 Tanzania number 1

US$1,501.31 from donors of most likely experience similar management and supervision which about 85% of the donor setbacks as those of 1995 and of all the processes involved funding for this undertaking in 2000 elections, most such as the nomination has already been delivered. notably late releases of funds, process, and the permanent insufficient funds, and undue voters register exercise. The To date, the ZEC’s budget for pressure from the donors. following is a brief the October presidential and assessment on how both NEC parliamentary elections is Table 1: Estimated ZEC budget and ZEC have to date, fared estimated at approximately for 2005 Presidential and on administering some of US$1.9 million of which half Parliamentary Elections in Tshs: these tasks. For starters, both Item Estimated Cost may be covered by donors Ballot Boxes 205,340,000.0013 Commissions released the through the Election Basket Stationery 96,723.500.00 election time tables on time, at Fund (see charts below for a Machines 204,200,000.00 least three months in advance Forms 27,554,000.00 detailed break down of Ballot papers 315,000,000.00 which announced the estimated budget and Legal Issues (i.e. nomination dates for the printing of breakdown of amount constitution, 78,175,000.00 presidential and parliamentary requested from donors) . Only guidelines on elections, as well as informed nine donor countries accepted ballots) the contesting political parties Voter Education 330,420,000.00 Denmark, the EU, Finland, Election of other relevant particulars Expenses the Netherlands, Norway, 920,834,000.000 regarding the nomination (allowances and Sweden, the UK, UNDP and logistics) process. One political party; Canada are involved in TOTAL 2,178,246,500.00 (Chama cha funding the Zanzibar Source: Zanzibar Electoral Demokrasia na Maendeleo), elections. Tensions however Commission however did voice concerns have arisen between the over the way NEC Table 2: Request for funds from donors and the government, donors in US dollars purportedly handled the with donors already Requested nomination process, claiming Item threatening to halt their amount that the Commission breached Election Materials 490,270 financial contributions. Ballot boxes and its election rules and 318,770 security seals regulations. According to the Indelible ink and At the time of writing, the 55,000 opposition party, the NEC had batteries government has expressed Other stationery 78,100 allowed presidential aspirants their concern over the Election Forms 38,400 to pick nomination forms at Election Support 336,750 conditions placed on donor Logistics its headquarters which 87,210 assistance. Most recently the Consultancy contravenes the NEC’s Minister of State in the Chief IT Consultancy 47,150 regulations. The proper IT Support 50,000 Minister’s Office was quoted Candidate procedures, in fact, stipulate 143,480 saying that as much as the Management System that the nomination forms be Feasibility Stud 58,910 government appreciated Project taken to the parties’ offices assistance from donors, it has Source: Zanzibar Electoral Commission and not permit the candidates seen that it needs to free itself to collect them from the from their interference and Level of Preparedness: offices of the Commission, as argued that the government A successful election requires this allows/provides has the capacity to undertake among other things careful opportunity for premature the entire exercise and does planning, proper coordination campaigning. On the issue of not see why it should not face of the various actors, an the permanent voters register the whole financial load on its efficient system of exercise, NEC’s performance own. procurement and disposal of was commendable. Very few resources (including finances, complaints on the overall It is hoped that at some point materials, manpower and exercise were raised by the differences between the services) and proper political parties and other parties will be overcome, or stakeholders. ZEC’s else the Commission will 13 ibid implementation of the

11 election update 2005 Tanzania number 1 exercise on the other hand elections. Thus the 2000 ZEC annulled elections in experienced some bottlenecks, elections unfortunately these 16 constituencies and and although it managed to mirrored the 1995 election. stopped elections altogether in overcome some of these Again CUF refused to the remaining 34 problems on the various recognise these elections constituencies. aspects of the exercise such as which it judged not free and the registration centres, fair, and declared it It was not surprising then, that competence of registration fraudulent, even though the several foreign observers’ officials, security and ruling party gained a clear statements were negative, supervision and training of the majority in the House of many commented on the registration officials, the Representatives and in the obvious mismanagement of exercise was overall marked presidential elections. In fact, the voting process by the by some administrative and the new CCM candidate, ZEC. The OAU observer managerial irregularities Amani Abeid Karume, won group, contrary to their track which had been overlooked by with 67% as opposed to Seif record, released a very strong 14 ZEC. Shariff’s Hamad 33% of the statement against the votes, and CCM won 34 of processes. Overall it declared, Review of 2000 Elections the 50 seats in the House of that given the conditions and Election Results Representatives in Zanzibar, under which the elections giving the CCM a two-thirds were held, it was unable to Zanzibar Elections majority (see election results endorse the 2000 Zanzibar The 2000 elections in below). general elections as having Zanzibar were contested by been free and fair and called several political parties. The CUF nonetheless refused for new elections to be However, the two strongest to recognise the results, undertaken throughout parties who had been at boycotted the House of Zanzibar. loggerheads with each other Representatives once again and demanded a complete throughout the first five years The demand to hold new of multiparty politics were rerun of the elections. CUF’s rejection of these elections elections by the opposition CCM and CUF. These parties parties and the foreign as it so happened had also was made on several grounds. The most pertinent of which observer groups, was however been the strongest competitors rejected by the government, for the first multiparty was ZEC’s misconduct of the elections where CUF alleged and only 16 of the elections in 1995 where the mismanaged constituencies CCM claimed victory with that ZEC had administered the elections chaotically and that conducted new polls. The re- less than 1% margin. CUF run was boycotted by CUF, the elections overall were without hesitation declared which resulted in yet another mismanaged, particularly the the CCM 1995 victory serious political stalemate voting process. fraudulent and thus boycotted between the two parties. the House of Representatives. The political tensions that There were indeed, several This standoff culminated in a began in 1995 continued to incidents during the election violent confrontation between polarise the political life in day which indicated that the Zanzibar, creating an ZEC was to a large extent CUF demonstrators and the police in Pemba in January atmosphere which ensured inefficient. The ZEC for 2001. The result was that 31 that both parties experienced a instance, failed to deliver people were killed and more further face off in the 2000 election materials and elections, irrespective of the instruments to 16 than 2000 fled to as conduct or results of the constituencies in the Urban refugees. These events, as West Region of Unguja, and previously mentioned eventually led to Muafaka II; 14 some polling stations had no The Second Update will contain officials manning the process. the political party a detailed analysis on the reconciliation agreement. permanent voters register exercise. As a result of such chaos, the

12 election update 2005 Tanzania number 1

29 October/5 November 2000 opposition seats in Parliament destructive habits and Presidential Election was reduced by 41 seats, consolidated themselves as Candidate Number % of down to a total of 14 seats. real actors in the political (Party) of Votes Votes Amani Abeid 248,095 67.04% This was blamed largely on arena. Karume their inability to field a single (CCM) candidate for the second 29 October 2000 Presidential Seif Shariff 122,000 32.96% elections, which many Election Hamad Voter Turnout: 84.4% (CUF) observers felt would have given the opposition parties an Total Votes: 8172,284 advantage and enabled them Candidate Number % of 29 October/5 November 2000 of Votes Votes House of Representatives to make significant electoral Benjamin 5,863,201 71.74% Elections* inroads. Mkapa Party Number of (CCM) Seats Despite the endorsement these Ibrahim 1,329,077 16.26% Lipumba Chama Cha Mapinduzi 34 elections received from the Civic United Front 16 (CUF) Source: African Elections15 international community, the Augustine 637,115 7.80% opposition arena itself were Mrema highly sceptical of the (TLP) The Union Elections of 2000 John Cheyo 342,891 4.20% Unlike the Zanzibar elections, electoral process. The (UDP) Tanzania’s second multiparty opposition voiced their elections proceeded without concerns over CCM’s tactics 29 October 2000 National much interruption and which they alleged produced Assembly Election received the endorsement of an unlevelled playing field. Voter Turnout: 72.8% most of the international For starters the abolition of Party Number of Seats observer groups; who judged state subsidies to political parties reduced the Chama Cha 244 it as relatively free and fair. Mapinduzi (CCM) The contest itself however opposition’s financial ability Civic United Front 15 was a foregone conclusion. to campaign adequately; (CUF) Chama Cha 04 Seeing that President Mkapa secondly there were concerns that CCM, through the use of Demokrasia na ran for the second term, and Maendeleo whose victory was a certainty, the police, intimidated (CHADEMA) there was no anticipation of opposition during rallies. Tanzania Labour 03 Party (TLP) opposition party gaining Additionally access to the dominant government media United Democratic 02 victory in these elections. Party (UDP) Despite this, it was sadly was unequal since, according Unawarded 01 observed that the opposition, to the opposition, they were Source: African Elections given its major winnings in denied access to it. the first multiparty elections, Media failed to gain the same In the end, however what number of seats in the actually emerged from these Tanzania’s media scene has assembly the second time elections was the fact that the developed rapidly since the round (See election results political opposition in advent of the multiparty era in below). The number of Tanzania was fragmented and mid 1990s. In particular marginal. They experienced a private media has expanded huge reduction in popular quickly, exposing most 15 Out of a total 76 seats-50 are support due to several factors Tanzanians to alternative directly elected, an additional 10 most notably defections and communication tools. To a of the legislature’s seats are filled power struggles within the degree most are relatively by presidential appointment, five opposition. Not much has mature and knowledgeable go to government-appointed changed since then, and it about political institutions and regional commissioners, 10 to processes. Yet both public women on a party basis in remains to be seen in the proportion to the elected seats and forthcoming elections if these owned and private media one goes to the attorney general. parties have overcome such continue to come under heavy

13 election update 2005 Tanzania number 1 criticism during elections. In was further observed that state Tanzania Leo both the elections of 1995 and owned media gave more time Sunday Observer 2000, despite the presence of and space to cover views and The Guardian electoral laws and policies activities of the opposition The African that provide strict guidelines political parties as compared Daily News for the media to provide non- to the 1995 elections. Sunday News partisan coverage among Leo ni Leo others, we saw a media It appears from the political Zanzibar Weekly environment in which coverage of recent months, Zanzibar Leo political parties continued to however, that little has face unequal access. changed since the 2000 Much has been done by the Furthermore, the interchange elections. Some editorials and government to not only of political ideas over the headlines printed in change this trend but press and over the airwaves newspapers and new bulletins generally govern the continued to be biased, and are clearly divisive and behaviour of the media during much of the information on biased. Opposition, in elections. Some special media election processes tended to addition, has begun to voice regulations have been be inadequately analysed and their concerns. Some of the instituted as a measure of inappropriately communicated opposition spokesmen were levelling the playing field. to the electorate. recently heard accusing the The media outlets themselves government for suppressing however regard the The 2000 elections especially the media and undermining regulations to be minimal and, revealed that all the news fair play in the coverage of as such, have tended to distributors, which included opposition parties. voluntarily self-regulate by the following failed to adopting a series of self- discharge their duty to inform Type of broadcast and print limiting regulations. In July the electorate impartially. media operating in Tanzania: 2000, for example, under the Both private media and auspices of the Media Council government owned media Electronic Media: a Code of Conduct to govern appeared to be biased in ITV (Independent Television) media was formulated. This various degrees in favour of DTV (Dar es Salaam was a manifesto for both print the ruling party. According to Television) and electronic media on how the Media Monitoring group TVT (Television Tanzania) to cover the political events in of the 2000 elections, the ATV (Abood Television) the run up to the general weight of coverage of both TVZ (Sauti ya Tanzania elections. Areas of emphasis private and public media was Zanzibar) in the media policy included overwhelmingly in favour of Star TV focusing on the importance of the CCM. The ruling party CTN (Cable Television providing balanced and received 72.69 percent of Network) impartial reporting; providing news coverage on radio and Radio: voter education, seeking the television from the beginning RTD (Radio Tanzania Dar es truth for journalists reporting of October until the election. Salaam) on elections; promoting The next largest share was Radio 5 democratic values; refraining that of the Civic United Front RFA (Radio Free Africa) from publishing a party’s with 11.98 percent.16There Printed Press content that violates the were some private Mtanzania Constitution or the election broadcasters however, who Majira law; and many more. genuinely attempted to Uhuru balance the coverage, and it Mwananchi The media practitioners Nipashe promulgate this Code of 16 Elections 2000 Media Mzalendo Conduct as the best means to Monitoring Project – Interim Taifa Letu cover the upcoming elections. Report Rai It should be noted that the

14 election update 2005 Tanzania number 1 objectives of this manifesto Communications Regulatory Registration of parties is referred to the Electoral Act Authority in the pursuit of a further conditional on their itself, which is currently the more incisive apparatus. non advocacy of religious, only formal regulation aimed ethnic, racial or regional at governing the behaviour of Political Parties interests. Parties can also be the government owned media denied registration if they during elections. Section 53 of Political party registration advocate for the breaking up the Elections Act provides The Political Parties Act of of the Union, advocate the use strict guidelines, stating that 1992 which applies to both of force/violence, and fail to all the presidential candidates Zanzibar and the mainland allow for periodic and and political parties provides for the establishment democratic elections of their participating in an election of the office of the Registrar leadership. The Registrar is “shall have the right to use the of Political Parties which is empowered to cancel any state radio and television responsible for regulating and party which does not fulfill broadcasting service during governing the operations of the above conditions and/or the official period of the political parties. The President contravenes any of the election campaign”. The Act appoints both the Registrar provisions stipulated in the continues to stipulate that and his deputy. In the Political Parties Act of 1992. “every print media owned by performance of his functions This year’s elections have the government which the Registrar is required to seen over 7 new parties publishes information relating consult regularly with the registering; Jahazi Asilia, to the electoral process shall Minister responsible for legal Sauti ya Umma, Tanzania be guided by the principle of affairs. The Act protects the Peoples Organization for total impartiality and shall Registrar and his officers from Democracy and Development refrain from discrimination in being sued provided they (TAPODD), Chama Cha relation to any candidate perform without negligence Ukombozi was Demokrasia journalistically and in the and in accordance with the ya Watu Masikini amount of the space dedicated functions stipulated in the (Chudewema), Solidarity of to them”. Act. United Party (SUPA), National for In addition to these regulatory The Political Parties Act of Rehabilitation (NDPR- provisions, the law has 1992 also allows for the Marejesho) and National handed over the responsibility registration of political parties Patriotic Front (NPF). for oversight of the state by the Registrar Office. Party Currently 18 political parties owned media to both Electoral registration follows two have full registration and six Commissions, who are stages. First there is a others are only provisionally empowered to issue binding provisional registration of six registered (see list below). A directives. A statutory body months in which political few of these parties has also been given the task to parties are required to apply experienced some minor ensure that mass media for before the final hiccups during the registration organisations in the mainland registration. The provisional process. In May this year, the do not overstep their registration requires a political TLP (Tanzania Labour Party), responsibilities or abuse party to only hand over an NRA (National cultural values. This is the application form and a party Reconstruction for Alliance) Content Committee, which is constitution. On the other and UDP (United Democratic an arm of the Tanzania hand, for the registration of Party) were almost Communications Regulatory the final phase, parties are deregistered for failing to Authority (TCRA). This job required to have at least 200 fulfill some of the registration was previously under the members who qualify as conditions. According to the responsibility of the Tanzania voters from each of at least Registrar of Political Parties Broadcasting Commission, ten regions of the Union, of John Tendwa, TLP for which has, since August 2003 which at least two regions example had registered been merged with the must be in Zanzibar. without having any officially

15 election update 2005 Tanzania number 1 recognised office bearers. In Tanzania Democratic Alliance the Registrar of Political response to Tendwa’s threat to Party (TADEA) Parties, who had initially deregister the party, its Tanzania Labour Party (TLP) proposed to be the overall chairman Augustine Mrema United Democratic Party overseer. quickly convened an (UDP) extraordinary conference to Demokrasia Makini This proposal, however, was elect new officials of the (MAKINI) opposed by many political party. Among those elected United Peoples Democratic parties and other stakeholders. were several officials who had Party (UPDP) Among the rules contained in been kicked out earlier this Chama cha Haki na Ustawi the document aimed at year. NRA’s threat of (CHAUSTA) guiding the activities of deregistration was on the The Forum for Restoration of political parties during the grounds that it did not have a Democracy (FORD) campaigning include the national outlook due to its Democratic Party (DP) prohibition of political lack of representation in Progressive Party of Tanzania violence, hatred, and Zanzibar. In the end these (PPT-MAENDELEO) mudslinging. According to the three parties managed to Jahazi Asilia document “each political overcome some of these Sauti ya Umma party is duty-bound to avoid deficiencies and were and condemn abusive eventually registered. There Political parties with language, intimidation and all were, however two political Provisional Registration: acts likely to lead to parties which Tendwa struck National Democratic Union of violence”. The document, in off the provisional registration Tanzania (NDUTA) addition, encourages the list altogether. These were the Tanzania People’s government owned media, Tanzania’s Peoples Congress Organization for Democracy both print and electronic to (TPC) and Soft Party which and Development (TAPODD) provide fair coverage to all had been granted provisional Chama Cha Ukombozi wa political parties throughout registration in November Demokrasia ya Watu Masikini the election period. 2004, and were required to (CHUDEWAMA) have met all the conditions by Solidarity of United Party The document further requires April this year. Both parties (SUPA) that authorities should not had failed to provide proof National Democratic Party for interfere with NEC scheduled that they had 200 members in Rehabilitation (NDPR- rallies; that NEC should not at least ten of Tanzania’s MAREJESHO) change the campaigning regions including Zanzibar National Patriotic Front (NPF) timetable without full and Pemba. consultation; that religious Political Party Code of leaders should not engage in Political Parties with full Conduct: campaigns and security registration: A new Code of Conduct for officers should not use Chama Cha Mapinduzi political parties was signed in excessive force in maintaining (CCM) the beginning of August this order. The Code of Conduct The Civic United Front (CUF) year by 18 of the registered was signed in the hope that it Chama Cha Demokrasia na political parties. The Code of would create political Maendeleo (CHADEMA) Conduct is a five page tolerance and level the Union for Multiparty document considered as a electoral field for all political Democracy (UMD) gentlemen’s agreement parties. National Convention for between political parties, the Construction and Reform government and the National Presidential candidates for (NCCR Mageuzi) Electoral Commission. It had the Union and Zanzibar isles National League for been suggested that an 2005 elections Democracy (NLD) independent council be The number of candidates in National Reconstruction for formed to oversee its the 2005 Presidential elections Alliance (NRA) implementation rather than has almost doubled compared

16 election update 2005 Tanzania number 1 to that of 2000 elections. • Sengondo Mvungi - were even considered to be There were only three National Convention for democratically competitive opposition presidential Construction and Reform- models. Compared to the candidates contesting the Mageuzi (NCCR- other parties, however, CCM Union presidency and five for MAGEUZI). He is also had the most clearcut and Zanzibar’s presidential contest supported by the Forum transparent system for in 2000 elections. Currently for Restoration of nomination. It must be noted there are eleven candidates Democracy (FORD), that a description of the who have registered to contest National Reconstruction internal nomination process of the Presidential elections in Alliance (NRA), Union all parties is not easy as the mainland Tanzania. For a for Multiparty Democracy process for some of the person to qualify as a (UMD), and the United smaller parties was secret. It is presidential candidate in People’s Democratic Party however clear according to mainland Tanzania, he/she is (UPDP). the author’s observations that required to present to the NEC • Anna Senkoro - some of the smaller parties’ a letter of introduction Progressive Party of nomination processes were indicating endorsement by its Tanzania-Maendeleo hectic, and characterised by party to run for the (PPT-Maendeleo). several defections a few days presidency. For Zanzibar’s • Leonard Shayo - prior to holding the elections a total of four Demokrasia Makini nominations. For others, opposition presidential (MAKINI) nomination models did not candidates have been even exist and many relied on registered, with two Zanzibar Presidential a combination of hand picking candidates cases however candidates: and self proclamation models. disqualified after the Zanzibar • Amani Abeid Karume – Electoral Commission Chama Cha Mapidunzi Chama Cha Mapinduzi discovered that their forms A total of 11 candidates (CCM) had not been duly filled as contested this years CCM • Seif Hamad Sharif – Civic required. The registered Union presidential United Front presidential candidates are as nomination, six candidates follows. • Mariam Mohammed Ali – less than in 199517. These Sauti Ya Umma (SAU) were: Prof Mark Mwandosya • Haji Omar Kitole – Jahazi the Minister for Union Presidential Asilia Candidates: Communications and • Abdallah Ali Aballah – Transport; John Malecela - Chama Democratic Party (DP) Cha Mapinduzi (CCM) CCM’s Vice Chairman for • Ameir Ali Haji – United Mainland; Jakaya Kikwete • Henry Kyara – Sauti ya People’s Democratic Party Minister for Foreign Affairs Umma (SAU) (UPDP) (Disqualified) and International Co- • Ibrahim Lipumba – Civic • Rashid Ahmed Rashid - operation; Dr. Abdallah United Front (CUF) National League for Kigoda Minister of State in • Emmanuel Makaidi- Democracy (NLD) the President’s Office; Ali National League for (Disqualified) Abeid Karume Tanzania’s Democracy (NLD) Ambassador to Germany; Dr • Freeman Mbowe - Chama Primary elections Salim Ahmed Salim ex cha Demokrasia na The focus in this section will Secretary General of the OAU Maendeleo (CHADEMA) largely be on CCM, CUF, and and currently chairman of the • Augustine Mrem - a few smaller parties such as Nyerere Foundation; Iddi Tanzania Labour Party- TLP and CHADEMA, as Simba member of parliament; (TLP) these were the parties that

• Christopher Mtikila - displayed the most established 17 Democratic Party (DP) nomination procedures, and to There were 17 candidates for the CCM presidential nomination in some degree their models 1995

17 election update 2005 Tanzania number 1

Patrick Chokala Tanzania members, to select no more National Executive Ambassador to Russia; John than five candidates and Committee for the purpose of Shibuda former member of present these names to the bribing them for their the National Executive party congress to be elected endorsement. Given the Committee; Frederick Sumaye by secret ballot by close to attention placed on such Prime Minister of Tanzania; 1200 delegates. alleged corrupt practices, and Dr. William Shija MP and further reports were heard that former cabinet minister. Each The candidate chosen to CCM had set up a special candidate had to fulfill 13 contest under CCM’s ticket team to assess the movement qualifications in order to was Jakaya Kikwete who won and conduct of the suspected qualify as a CCM presidential by a landslide majority of presidential aspirants. Despite candidate as set by the 1,072 votes against Salim these setbacks, the congress National Executive Ahmed Salim’s 476 and Prof was attended by almost all of Committee of the party. Mwandosya’s 122 votes. Prior its members, with a 96 percent to his selection the CC attendance record by eligible The 13 point set nomination interviewed the candidates delegates; this apparently was criteria included leadership and short listed five: Jakaya the biggest ever extraordinary experience in government and Kikwete, Dr. Salim A. Salim, party congress since the first public institutions; cleanliness Prof Mark Mwandosya, Dr. multiparty congress in 1995. from corruption and other and The party’s nomination model vices; possession of a Frederick Sumaye. itself received enormous university degree; praise from the international commitment and ability to The five candidates were then community. Many hailed the defend the union; and the interviewed and discussed by level of transparency during ability to govern. the NEC which eventually the screening and recommended three names, by endorsement of CCM’s Union CCM nomination model is NEC votes, to the party’s and Zanzibar presidential contingent on three decision- national conference which met candidates. making organs. These are the on 4 May 2005. Those who National Executive failed to make the grade were With regards to Zanzibar; the Committee (NEC), the Central Prime Minster Frederick procedure varied slightly with Committee (CC) and the Sumaye and Dr. Abdallah the candidate scrutinized first National/Party Congress. The Kigoda after polling 30 and by a special Zanzibar actual selection of the 21 votes respectively to committee of the NEC, then candidates begins with a Kikwete’s 78, Salim’s 45 and the CC and finally the NEC. submission of aspiring Prof Mwandosya’s 33 votes. Two names were submitted to candidates names to the the Party’s National Executive party’s secretary general who The nomination process itself Committee, after there were in turn submits them to the was rampant with allegations screened in Zanzibar by the Central Committee (CC). The of corruption. Throughout the 83 member special Committee CC with a membership of 25 endorsement period18 some of of the NEC. These were the to 30 does not eliminate any the presidential candidates incumbent President Amani name from the candidature were accused of bribing party Abeid Karume and former list; it only provides the NEC members and supporters. Chief Minister Dr Gharib with crucial evaluations of the There were reports that some Bilal, who eventually pulled candidates. of the presidential candidates out of the race before the had sent agents to meet CC’s selection/screening Its task is to simply draw up a secretly with members of the process. President Karume shortlist of five candidates and received massive endorsement recommend them to the NEC from the 207 NEC members; 18 Each candidate is expected to be which could either accept or endorsed by party members he polled 197 out of 207 votes alter the list. It is then the through out the country for their cast. Some 11 NEC members NEC’s responsibility with 230 nomination be accepted however voted against him.

18 election update 2005 Tanzania number 1

Opposition Party References nominations Many of the major opposition Ahluwalia P, and Zegeye A, 2001, parties’, although they may Multiparty Democracy in not have had such elaborate Tanzania: Crises in the Union. election models similar to the African Security Review Vol 10, No3 2001 CCM did conduct party elections. Some did so under Muafaka: The Roots of Peace in hurriedly set up electoral Zanzibar, A report by the Eastern machineries and national and Southern Africa Research conferences, others under Programme nomination procedures that permitted limited competition National Electoral Commission, 2003, The Five Year Report of the and transparency. It is fair to National Electoral Commission for say however that in almost all the period from 14th January, 1998 parties some semblance of to 13th January 2003, United elections took place, either via Republic of Tanzania secret ballot, preferential votes or handpicked by the A Report of the Fact Finding top leadership. CHADEMA Mission Organised by the East African Centre for Constitutional party for example, nominated Development, “Constitutionalism its presidential candidate for and Political stability in Zanzibar: the Union presidency via a the search for a new vision zonal preferential poll which was then endorsed by party Torill Iversen Tanzania: General delegates during a national Elections 2000, Nordem Report, conference. 2001

As for CUF its presidential Press Articles candidates for both the Union Daily News and Zanzibar’s presidency Guardian were nominated in a national congress via a secret ballot. Out of the 549 votes cast only two opposed Prof Lipumba, the party’s national Chairman who will contest as candidate for the Union’s presidency, and two were against CUF’s secretary general Seif Sharif Hamad who will race for the Zanzibar’s presidency. This will be the third time the two candidates will be running for the two seats, having lost in both the 1995 and 2000 general elections.

19 election update 2004 Namibia number 1

© EISA 2nd Floor The Atrium 41 Stanley Ave Auckland Park · PO Box 740 Auckland Park 2006 Tel 27-11-4825495 Fax 27-11-4826163 Email [email protected] URL http://www.eisa.org.za

The opinions expressed in this publication are not necessarily those of EISA

20