A debate is raging of whether CCM special general convention had constitutional powers to ratify the proposal forwarded by one of her members: the nominations of president Samia Suluhu Hassan and Hussein Mwinyi to be their presidential flag bearers in Tanzania and Zanzibar respectively.
According to some CCM members, that special convention did not have powers to circumvent clear articles of CCM constitution.
This article interrogates those claims and draws its own findings over this bitterly contested dispute.
This discussion is inspired by the video uploaded by Dr. Godfrey Malissa who introduced himself as CCM member, and was flabbergasted about the violations of CCM constitution.
He said without quoting specific articles of CCM constitution that the special CCM convention was convened to deliberate on agendas that were forwarded by the CCM national Council of which she did.
But, she had no constitutional mandate to broach new issues that were not brought up by the national council that were approved by the central committee according to the CCM constitution.
He said what was done was against everything CCM stands for which is good governance, the rule of law and observing democratic tenets.
He said what was decided had alienated rank and file CCM members who might have wanted to air their views over the matter.
Competitive politics is the hallmark of CCM longevity in power but what had happened raised fears CCM may now be held captives against her will by a cabal of very few powerful individuals.
While deliberating on implementation of CCM election manifesto of 2020 – 2025, some contributors sponsored an impromptu motion that since they were fully satisfied by the achievements in the election manifesto the special convention should move ahead and endorse president Samia Suluhu Hassan and Hussein Mwinyi to be CCM flagbearers for 2025 elections!
Former president Jakaya Kikwete clandestinely seconded a well choreographed move by finding the motion as reasonable and incontestable!
He sought refugee upon Swapo constitution to exculpate himself that picking the presidential nominees ahead of time was a smart political move.
It will give the party sufficient time to prepare well against the vagaries of election. For obvious reason, Kikwete was just being expeditious.
SWAPO constitution shouldn’t have been parlayed to dictate on how CCM zeroes in on the presidential nominees since it is a well documented constitutional matter.
CCM ought to have followed strictly her own constitution and if it needed some stitches then that special general convention could have proposed to the Central committee further action.
But what does the CCM constitution says on nomination of presidential candidates?
I will be zooming in on CCM Constitution, 1977, edition of December, 2022. It is the most recent edition and on article 101 (5) (b) “kuchagua jina moja la mwanachama atakayesimama katika uchaguzi wa Rais wa Jamhuri ya Muungano wa Tanzania”.
101 (7) has stipulated the following powers cannot be delegated to other CCM internal organs including:
101 (7) ( C) Uteuzi wa mgombea mgombea Urais wa Jamhuri ya Muungano wa Tanzania.
101 (7) ( d) Kumthibitisha mgombea Urais wa Zanzibar.
For the union president, the most relevant articles of CCM constitution are 101 (5) (b) and 101 ( 7) ( C) for Zanzibar CCM presidential nominee.
When it comes to union president one has to read previous articles on how CCM general convention conducts her business. Articles 101 (3) says as follows:
“ Kuthibitisha, Kubadili, Kukataa au kuvunja uamuzi wowote uliotolewa na kikao chochote kile cha chini yake au kiongozi ye yote yule wa CCM.”
In the article 103 (12) earmarked the powers of the CCM national Council over recommendations of union president and Zanzibar president to the CCM general convention. Here it states as follows:
“unapofika wakati wa uchaguzi, Halmashauri Kuu ya CCM ya CCM itashughulikia mambo yafuatayo:-
(b) Kupendekeza kwa Mkutano Mkuu wa CCM majina yasiyozidi matatu ya wanachama wanaogombea nafasi ya Jamhuri ya Muungano wa Tanzania na kuyawakilisha kwenye mkutano mkuu wa CCM wa Taifa,
( C) Kuchagua jina moja la Mwanachama atakayesimama kwenye uchaguzi wa Rais wa Zanzibar.
The central committee of CCM too has a specific constitutional role to play in article 107 (7 ) (b ) & 107 (7 ) (c ) states as follows:
“Unapofika wakati wa uchaguzi Kamati Kuu ya Halmashauri Kuu ya CCM ya Taifa itashughulikia mambo yafuatayo;-
(b ) Kufikiria na kutoa mapendekezo kwa Halmashauri Kuu ya CCM ya Taifa juu ya majina ya wanachama wasiozidi watano wanaoomba kugombea kiti cha Rais wa Jamhuri wa Muungano wa Tanzania.
(d) Kufikiria na kutoa mapendekezo kwa Halmashauri Kuu ya CCM ya Taifa juu ya majina ya wanachama wasiozidi watatu ambao wanaoomba kugombea kiti cha Rais wa Zanzibar.” End of quotation but emphasis is mine.
Ensuing from the above citation of the latest CCM constitution edition, neither the nomination of the union president nor of Zanzibar one can be secured in such a shambolic manner that was seen in the special CCM convention.
According to the CCM constitution, there must be CCM members who had applied to be considered to be nominated in those positions.
CCM election regulations require prospective candidates to fill special forms and collect signatures from CCM members in at least ten constituencies in the mainland Tanzania and four or so in Zanzibar for those vying the Union presidency and four constituencies in Pemba and Unguja for those gunning for Zanzibar presidency.
The general convention can only act after candidates have fulfilled those strictures, then shortlisted by the central committee, and recommended to the general convention by the national council.
The general convention cannot act in a vacuum, and by doing otherwise, CCM violated her own constitution! It had set a bad precedent and that aberration raises some serious concern.
What do the top echelons in CCM fear to expose her incumbents to the sifting due process? The political impression now crafted by a cabal of CCM insiders is that both president Samia and Mwinyi candidacies are quaking before their very eyes.
If faced with the inferno of competitive politics they may falter.
Under CCM constitution, both Samia and Mwinyi must fill forms with like minded CCM presidential aspirants and solicit and collect signatures of CCM members who vouch for their candidacies in various constituencies as required by the CCM election regulations.
Circumventing the CCM constitution and its accompanying regulations is a false start. Kikwete argued his case on Swapo extraneous matters but CCM constitution has not stated that it is lawful to ape it. That lame excuse shouldn’t be allowed to stand unchallenged.
After assiduously parsing through the CCM constitution, I have come to one legal conclusion that Dr. Godfrey Malissa has a valid point, and should immediately proceed to a court of law to overturn this madness.
Even if CCM opt to overlook critical provisions of her own law, the opposition presidential candidates will oppose both Samia and Mwinyi candidacies that were not duly nominated as per CCM constitution.
That will be a sufficient reason to disqualify them from running in a presidential race. What CCM special convention attempts to escape is an exhausting election marathon nut may still get the same through a legal process.
CCM should follow due process not because it is a matter of convenience to disobey it.
For shunning the rule of law, who will trust her to enforce it? What I am beginning to see is that CCM is awestruck by paranoia and will do anything to subvert the will of the electorate to cling on power.
If they can dump their own members under the bus how much more will they do to those who never wanted them in power even for a second?
CCM will never answer the question, with a clear conscience, why only the presidential nominations needed to be fast tracked while the rest of the nominations did not seen deserving such a sense of urgency.
Unless their national nominees are too weak to stand the heat, they needed no unconstitutional means to leapfrog everybody else in the queueing line.
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