Peter and Kopsieker: Political Succession in East Africa - In Search for a Limited Leadership POLITICAL SUCCESSION IN EAST AFRICA: In Search for a Limited Leadership Edited by Chris Maina Peter And Fritz Kopsieker Kituo Cha Katiba And Friedrich Ebert Sti�ung, Kenya Office May, 2006 i Peter and Kopsieker: Political Succession in East Africa - In Search for a Limited Leadership Published by Friedrich Ebert Sti�ung, Kenya Office P.O. Box 59947 - 00200 Nairobi, Kenya Tel: 254-20-3748338/9, 3752055/6 E-mail: [email protected] H�p://kenya.fes-international.de KITUO CHA KATIBA P. O. Box 3277 Plot 7, Estate Link Road, Bukoto (Off Lugogo By-Pass) Kampala, Uganda Tel: +256-41-533295 Fax: +256-41-541028 Email: [email protected] URL: h�p://www.kituochakatiba.co.ug c Friedrich Ebert Sti�ung, Kenya Office c Kituo Cha Katiba May, 2006 ISBN: 9966-957-05-7 Design and Layout by Oakland Media Services Ltd. P.O. Box 56919 - 00200 Nairobi, Kenya Tel: 254-20-4441319, 4445068 E-mail: [email protected] ii Peter and Kopsieker: Political Succession in East Africa - In Search for a Limited Leadership Dedicated to All those who fight for and cherish limited political leadership iii Peter and Kopsieker: Political Succession in East Africa - In Search for a Limited Leadership iv Peter and Kopsieker: Political Succession in East Africa - In Search for a Limited Leadership Contents Acknowledgements vii Notes on Contributors and Editors viii Table of Cases xi Table of Statutes xii Abbreviations xiii Glossary xv CHAPTER ONE: 1 Political Succession in East Africa Hon. Mr. Justice Joseph Sinde Warioba 1.1 Introduction 1 1.2 The Way Forward 7 1.3 Consolidating the Fixed Term for the Presidency 10 CHAPTER TWO: 13 A�er the Floods – The Rainbow: Contextualising NARC’s Election Victory - Lessons Learnt and the Challenges Ahead Dr. Katumanga Musambayi 2.1 Introduction 13 2.2 From the Harambee Whisker to the Nyayo Rungu 15 2.3 1982-1985: of The Rungu and the Great Purge 20 2.4 Of Guided Pluralism, State Banditism and the Dri� Towards State Collapse 30 2.5 Absence of an Alternative Leadership and the Gathering Storm before the Rainbow 34 2.6 State Security Institutions and the Rainbow Victory 43 v Peter and Kopsieker: Political Succession in East Africa - In Search for a Limited Leadership 2.7 Postscript 46 2.7.1 Rainbows are not for Ever 46 2.7.2 A�er the Floods and the NARC Rainbow, Fire Next Time! 51 CHAPTER THREE: 55 Single Party to Multipartysm in Tanzania: Reality, Challenges and Lessons Dr. Mohammed Ali Bakari 3.1 Introduction 55 3.2 The Political Context 56 3.3 The Mode of Transition in Tanzania 59 3.4 Challenges to Political Succession in Tanzania 62 3.5 Stateness Challenge 66 3.6 Other Challenges 67 3.7 Leadership Succession under Multipartyism in Tanzania 67 3.8 Lessons from Tanzania 72 3.9 Two Contrasting Scenarios: Tanzania and Kenya 74 3.10 Conclusions: What is to be Done? 75 3.11 Postscript 76 CHAPTER FOUR: 83 Political Succession in Uganda: Threats and Opportunities Benson Tusasirwe 4.1 Introduction 83 4.2 Scope of the Work 84 4.3 1962 - 1986: The Triumph of Violence over Constitutionalism 85 4.4 NRM and the Promise of Revival of Constitutionalism 87 4.5 The 1995 Constitution and the Question of Political Succession 90 4.6 The Conduct and Lessons of the 2001 Presidential Elections 92 4.7 The Essence of the Proposed Removal of Presidential Term Limits 94 4.8 Opportunities and Threats 97 4.9 Conclusion: What is to be Done? 101 4.10 Postscript 102 vi Peter and Kopsieker: Political Succession in East Africa - In Search for a Limited Leadership CHAPTER FIVE: 109 Political Parties in Transitions: The Kenyan Experience Prof. Dr. Makau Mutua 5.1 Democracy and the Liberal State 109 5.2 Political Parties in the Kenyan Transition 113 5.3 NARC and the Politics of Reform 117 5.4 Whither Political Parties: Transitions in East Africa 120 CHAPTER SIX: 123 Political Succession in Zanzibar Prof. Haroub Othman 6.1 Introduction 123 6.2 The Road to Independence 123 6.3 Succession in the Sultanate 126 6.4 The Revolutionary Succession 127 6.5 Exit Jumbe – Enter Mwinyi 128 6.6 Cracks in the Zanzibar Leadership 129 6.7 The ‘Komando’ Presidency 130 6.8 Karume the Son – The Resurrection of a Dynasty? 131 6.9 Conclusion 132 ANNEXTURE: 135 Resolutions adopted by the East African Conference on Political Succession held in Kampala, Uganda from 10th to 11th July, 2003 135 Readings on Politics and Constitutionalism in East Africa 137 vii Peter and Kopsieker: Political Succession in East Africa - In Search for a Limited Leadership viii Peter and Kopsieker: Political Succession in East Africa - In Search for a Limited Leadership Acknowledgements The editors would like to take this opportunity to thank all those who participated in the East African conference on political succession held in Kampala, Uganda on 10th and 11th July, 2003. It is their active participation which eventually gave rise to this book. We would sincerely like to thank Hon. Mr. Justice Joseph Sinde Warioba of the East African Court of Justice Arusha for agreeing to prepare and present the Keynote Address which set both the tone and pace of the conference and gave direction to the participants. Special thanks also go to the resource persons who presented papers – Dr. Katumanga Musambayi of University of Nairobi, Kenya; Dr. Mohamed Ali Bakari of Department of Political Science and Public Administration of the University of Dar es Salaam; and Mr. Benson Tusasirwe of Faculty of Law, Makerere University, Uganda. We are also grateful to Professor Makau Mutua of the University of New York at Buffalo, United States of America and Professor Haroub Othman of the Institute of Development Studies at the University Of Dar Es Salaam, Tanzania for graciously consenting to have their papers which are related to the theme of this work to be added to this volume. Their contributions have enriched this book. It is gratifying to note that with one voice the conference clearly said no to “tampering with Constitutions” by si�ing leaders in order to extend their office tenure! Finally, we would like to thank the Friedrich Ebert Sti�ung (FES) Office in Kampala for agreeing to fund the conference and their office in Nairobi for facilitating the publication of this book. It is just fair to say that this work would not have been possible without the support of the Kituo Cha Katiba Secretariat in Kampala and particularly the former Executive Director Ms. Maria Nassali; Programme Officer Ms. Edith Kibalama and former KCK Accountant Mr. Michael Njuba. We thank them. Chris Maina Peter Fritz Kopsieker Dar es Salaam Nairobi May, 2006 May, 2006 ix Peter and Kopsieker: Political Succession in East Africa - In Search for a Limited Leadership Notes on Contributors and Editors Hon. Mr. Justice Joseph Sinde Warioba is a lawyer and a politician of long standing. He has held various political offices in the Government of the United Republic of Tanzania including that of A�orney General and Minister for Justice; Minister for Regional Administration; Prime Minister and Second Vice President of the United Republic of Tanzania. In 1996 Justice Warioba chaired the Presidential Commission on Corruption in Tanzania. At international level he has represented Tanzania in many Conferences including the Organisation of African Unity’s Conference which adopted the OAU Convention on Refugees in 1969; and the United Nations 3rd Conference on the Law of the Sea (UNCLOS III) which adopted the UN Convention on the Law of Sea in 1982. He has also served as a judge to the Law of the Sea Tribunal based in Hamburg, Germany. Currently, Justice Warioba is among many other things, a Judge in the East African Court of Justice in Arusha, Tanzania; a member of the Media Council of Tanzania; President of the Governing Board of the International Ocean Institute (IOI) based in Malta; Member of the Board of Trustees of the Mwalimu Nyerere Foundation; and President of the University of Dar es Salaam Convocation. Dr. Katumanga Musambayi is a Senior Lecturer in Political Science at the University of Nairobi, Kenya. He is the author of several scholarly publications on politics in both English and French. Among his works is the book National Elections Data Book: Kenya – 1963-1997 published by the Institute for Education in Democracy in 1997. He has also co-edited The Moi Succession: The 2002 Elections in Kenya (with Herve Maupeu and Winnie Mitullah) published by Transafrica Press, Nairobi in 2005. Dr. Mohammed Ali Bakari teaches in the Department of Political Science and Public Administration of the University of Dar es Salaam, Tanzania. He has wri�en extensively in the field of his specialisation and particularly on Zanzibar. One of x Peter and Kopsieker: Political Succession in East Africa - In Search for a Limited Leadership the most authoritative works on Zanzibari politics is his book The Democratisation Process in Zanzibar: A Retarded Transition, Hamburg: Institute of African Affairs, 2001. Mr. Benson Tusasirwe teaches Law at the Faculty of Law, Makerere University, Kampala, Uganda. He has wri�en extensively in the areas of constitutionalism, human rights and good governance. Among his publications is Constitutionalism in East Africa: Progress, Challenges and Prospects in 2003 edited for Kituo Cha Katiba and published by Fountain Publishers Ltd. Mr. Tusasirwe is also on the Board of Editors of the East Africa Law Reports. Prof. Dr. Makau Mutua is a Professor of Law and Director of the Human Rights Centre, State University of New York at Buffalo in the United States of America.