LHRC raises concerns over proposed electoral amendment Bills

Dar es Salaam. The Legal and Human Rights Centre (LHRC) has expressed concerns over the proposed electoral amendment bills, highlighting potential areas for improvement to achieve the country’s long-awaited democratic reforms.

The government recently presented three crucial amendment bills, marking the first comprehensive update in 30 years of multiparty democracy.

While the LHRC acknowledged this significant step, they identified several concerns that could hinder the effectiveness of the reforms.

LHRC executive director Dr. Anna Henga, addressing journalists, raised particular concerns about the proposed role of the electoral director, who would also serve as the secretary of the interviewing committee for the Commission’s members.

Dr. Henga questioned the potential conflict of interest arising from this arrangement, emphasizing the need for clear separation of powers between the Commission and the Electoral Director.

“When the director becomes the secretary of the interviewing committee responsible for finding the members of the commission, it means that at that time the commission will not be available yet,” she explained.

The LHRC proposes amending this provision to appoint a different person as the committee’s secretary, considering the absence of the Commission at that stage.

Another concern raised by the LHRC is the continued inclusion of civil servants as part of the Commission. Dr. Henga urged a reevaluation of this provision, recommending that the Commission be empowered to hire its own employees at ward, district, and national levels instead of relying on public servants.

Addressing financial independence, LHRC expressed concern that the Commission’s funding would be sourced from the government budget, potentially compromising its autonomy.

“We recommend that funds for the operation of the Commission’s activities come from the consolidated fund rather than the Commission continuing to receive funds from the prime minister’s office as charity,” she stated.

Critiquing the eligibility criteria for the director of the Electoral Commission, the LHRC argued for transparency in qualifications, akin to other sensitive positions like judges of the Supreme Court and the Controller and Auditor General.

The centre suggested an amendment to allow qualified Tanzanians, not necessarily senior public officers, to be appointed as directors.

Furthermore, LHRC stressed the importance of judicial oversight by advocating for amendments allowing the Commission’s decisions to be questioned in court, ensuring justice prevails.

The LHRC also raised concerns about the criteria for declaring a presidential candidate the winner based solely on receiving more votes than any other candidate.

Dr. Henga recommended a 50+1 percent criterion to avoid potential manipulation, asserting, “This article should be amended to allow the candidate for the President’s seat to be declared as having won the seat by 50+1 percent votes.”

In a bid to enhance inclusivity, the LHRC proposed that the bill for electing the president, members of parliament, and councillors include provisions for prisoners to vote, subject to legal regulations.

They also suggested amending the constitution to establish an interview system for the Chairperson and Deputy Chairperson of the Electoral Commission, moving away from presidential nominations.

Emphasising transparency and neutrality, the LHRC recommended that Commission members should not have been affiliated with a political party for at least five years before assuming their positions.

They further called for broader civic engagement, with Dr. Henga proposing the incorporation of a national debate requirement for all presidential candidates and granting the diaspora the legal right to vote.

Some political pundits believed the proposed amendments, if implemented thoughtfully, had the potential to usher in a new era of political transparency and inclusivity in the nation’s democratic processes.