Constituent Assembly interim chairman Pandu Ameir
Kificho (R) reacts when trying to ensure order resumed in the House in
Dodoma yesterday after tempers flared during debate on draft procedures.
He was forced to adjourn debate prematurely following heated exchanges
among members.
Constituent Assembly (CA) Interim Chairman Pandu
Ameir Kificho was yesterday forced to adjourn the CA seminar for at
least four hours following chaos that erupted among the members –
accusing the chairman of favouring some contributors during the debate
on to amend the new rules.
Before the adjournment, members claimed that Kificho was favouring
some popular politicians while the majority of members especially, the
appointed ones were given little chance to air their views.
For a member to contribute to any of the sections of the standing
orders he or she was supposed to submit their scheduled amendments to
the technical committee by last Monday afternoon.
The chaos started when Kificho named those who would contribute on
section 58 of the rules. He named Simanjiro legislator Christopher Ole
Sendeka and Deputy Minister President's Office (Environment) Ummy
Mwalimu.
Section 58 of the regulations clarifies on the structure and responsibilities of the CA steering committee.
Soon after the contributors were named, Zanzibar Minister for
Constitutional Affairs, Abubakar Khamis Bakari stood up to say the chair
had appointed contributors whose names were not on the list and didn’t
submit their schedule of amendments for the particular section.
“It very unfortunate that Kificho has allowed the two members to
contribute while their names are not on the list of members who brought
the schedule of amendments for section 58”, he insisted.
Bakari, who is also a member of the CA technical committee, said
that parliamentary orders do not allow members that have not presented
their proposals in writing to contribute in the house.
He added that it is difficult for the technical committee to
consider contributions of members who didn’t send their amendments
timely.
In his response, Ole Sendeka said the minister feared him because
he was more experienced and has strong points. He told the minister that
he has a right to contribute in accordance to parliamentary rules.
“It seems you have a political motive…I submitted my schedule of
amendments for section 58 (1) to the secretariat”, he said, adding that
it was a mistake by the secretariat which handed a wrong list to the
chair.”
Kificho warned that members should not consider their political
ideologies when in parliament, advising them to be tolerant especially
when discussing matters of national interest.
Speaking to ‘The Guardian’ outside the debating chamber, George
Simbachawene who is a member of the technical committee, called for
calm, saying the secretariat mixed up the list of contributors.
According to him there was a first list that had fewer names but
the second one, which was not distributed to all members, had all the
names of contributors who had submitted their proposals in writing.
Chadema National Chairman, Freeman Mbowe alleged that most CA
members were guided by political affiliations resulting in
contradictions during the discussions.
“The misconduct of members will always result in adjournment of CA
sessions”, said Mbowe, warning that such postponements would hinder
efforts to attain the planned goals.
Executive Secretary, Media Council of Tanzania (MCT), Kajubi
Mukajanga said members have ignored the President’s advice to CA members
to put aside their political ideologies when writing the constitution.
He said since members come from different parties, they wanted to
defend their parties’ stance instead of representing Tanzanians.
“It is now a political competition. This is very dangerous as the
CA is not for that purpose. We are here for national reconciliation…it
is very sad that chaotic members are among the experienced MPs,”
Mukajanga noted.
He expressed concern that the chairman might fail to preside over
the assembly because of favoring some well known members, saying: “I
have stood up more than seven times but I have never been given a chance
to speak.”
A member, Shaaban Munyombo said the CA enters had fallen into such confusion due to lack of standing orders.
Reached for comment Prof Costa Mahalu who is Chairman of the
Technical Committee said they decided to practice total democracy. He
was of the opinion that the debates will result into better regulations.
He said the committee comprised members from different representative
groups but they are working smoothly.
Meanwhile the assembly ruled yesterday that journalists will not be
allowed to access the Constituent Assembly’s (CA) committee debating
chambers.
A section of the CA members claimed that Section 57 (1) (3) of the
Standing Orders that bars the media contradicts Article 18 of the
Constitution and hence the misunderstanding.
Section 57 (1) of the amended rules states that committee sessions
will not be open to any person apart from the members, CA personnel and
experts invited by the committee chairman.
Section 57 (3) says that the chairman of the committee or one of
its members with permission from the committee chairman shall brief the
media on what transpired in their meetings.
The debate on whether journalists should be allowed to enter the
debating chambers started on Wednesday evening when members were in a
seminar to discuss and improve the amended regulations before their
endorsement.
However the interim chairperson, Amir Pandu Kificho, had to rule
that the matter be referred back to the technical committee for review.
Briefing members on the committee’s verdict yesterday morning, one
of the technical committee members Dr Tulia Ackson said they considered
various issues when putting the specific section in the new rules.
It wasn’t the committee’s intention to bar the media from reporting
directly from the debating chambers, she said, but instead they wanted
them to get complete information through the committee chairman.
Elaborating, Dr Tulia said that freedom of expression has legal
limitations and that it doesn’t allow any person to breach the country’s
laws.
She said that opinions of the committee members cannot be
considered as reports because only the chairman is permitted to table
the report in the CA and give media briefs.
“We should be careful because some information may have negative effect to the nation,” she noted.
She referred to Article 29 (5) of the Constitution which states
that every person may benefit from the rights and freedoms guaranteed by
the Constitution in a manner that does not infringe on the rights and
freedoms of others or public interest.
Yet, she added another, Article 30 (1) and (2) of the Constitution
which elaborates on the limitations of people in enforcement and the
importance of preservation of basic rights and that every person has the
duty to conduct himself in the manner that does not infringe upon the
rights and freedoms of others and public interest.
Moses Machali (Kasulu Urban, NCCR-Mageuzi) said that it should be
mandatory for the committee chairs to brief journalists every day.
For his part, Kigoma Urban lawmaker Peter Serukamba (CCM) said
since the constitution is a public document, it was unfair to bar
journalists from accessing the committee debating chambers.
He warned that this could lead journalists being secretly fed varying information by members within the committees.
Transport minister Dr Harrison Mwakyembe who said he was himself a
journalist by profession, noted that when ‘matters of high interest’
such as wars, constitutions and security were being discussed, normally
journalists were restricted from reporting directly from the meetings.
“Members pressing for journalists to be allowed into the committee
debating chambers are promoting cheap politics … the media should only
be briefed by the committee chair,” he said.
Halima Mdee (Kawe, Chadema) said there was a big likelihood of
heated debates in the committee chambers and that denying the media
entry amounted to limiting ordinary Tanzanians from taking part in the
constitution making process.
“We have permitted experts, what is our fear? What are we trying to
hide?” asked Mdee, adding that the constitution belongs to wananchi so
they have the right to know what is going on in the committees.
Explaining, Mdee said that journalists have always been allowed to
cover parliamentary meetings as well as parliamentary standing committee
sessions, so there was nothing wrong for them to write on what CA
members are going to discuss in the chamber
SOURCE:
THE GUARDIAN
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