Tuesday, March 11, 2014

Voting system still sticky for Assembly

Prof Costa Mahalu, Chairman of the technical committee
The technical and consensus committees of the Constituent Assembly (CA) have again failed to resolve the tricky sections of the standing orders regarding the voting system in passing contentious provisions of the constitution.
 
Prof Costa Mahalu, Chairman of the technical committee and George Simbachawene yesterday told CA members that they had decided to add a sub-section on clause 38 of the rules which states that decisions on some contentious provisions will be passed by voting without specifying whether it will be open voting system or the ballot.
 
For almost three weeks now the CA has been working on section 37 and 38 of the regulations whereas on Friday last week the interim Chair, Ameir Pandu Kificho decided to form a consensus committee to work on the tricky sections that provide guidance on making decisions in passing the draft document and on the mode of voting.
 
“We have incorporated all the amendments...we will later on bring the document for approval but with slight changes on clause 38,” said Prof Mahalu.
 
Simbachawene insisted that amended rules must be endorsed today to pave way for other procedures to take place so that it doesn’t look like members are being paid allowances for merely staying in Dodoma.
 
Immediately after the announcements, a big number of CA members stood up to oppose the committee's decision to pass the rules without deciding on the voting system. 
 
David Kafulila, Kigoma North legislator (NCCR-Mageuzi) requested the interim Chair to postpone CA meetings until the two committees come up with a decision on the voting mode, adding that the delegates have been receiving daily allowances without doing any job. 
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“May be we should go back home and wait for the committees to reach a consensus,” suggested Kafulila. 
 
Responding to Kafulila, the interim Chair said it is impossible to postpone CA meetings because the President was the one who convened the assembly hence he is the only one with powers to dissolve it.
 
Ezekiah Olouch from Tanzania Teachers Union (TTU) advised that the matter itself should be resolved through votes to fasten the approval of the rules because advisory committees have failed to reach a common ground.
 
In his intervention, Minister of State (Policy, Coordination and Parliamentary Affairs) William Lukuvi insisted that the standing orders should have been passed by yesterday evening.
 
He said since 95 percent of the job has been completed, there was nothing to wait for because the issue of section 37 and 38 will continue to be taken care of by CA's standing committee on regulations. He however said that members will still be allowed to submit their private motions to amend the two sections.
 
“We have passed 85 sections of the standing orders...I don't see the reason of wasting time on the two sections because this is not the end of approving CA rules. Doors will still be open for any member to submit private motions for amendments,” said Lukuvi.
 
He reminded members that the two clauses are of no importance at this stage as they will be needed later on when passing provisions. He said the 85 rules should be approved to end the seminar so that the CA can continue with its business.
 
In an interview outside the parliament, Civic United Front (CUF) national chairman, Prof Ibrahim Lipumba and Chadema national chairman, Freeman Mbowe claimed that CCM leaders are interfering in the discussions of the advisory committee hence affecting its decisions. They claimed that committee members from the ruling party cannot make decisions before consulting their leaders. 
 
Ismail Jussa Ladhu who is also a member of the technical committee said members should endorse the rules because the tricky clauses have been partly handled. He said when time comes, members will decide on the specific voting system.

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