SoC04 Tanzania we want: Separation of Power among three pillars of Government

[Damaso]

Chief Justice Mustapha Siyani has withdrawn from hearing the case of economic sabotage facing the Chairman of the CHAMA CHA DEMOKRASIA NA MAENDELEO (CHADEMA), Hon. Freeman Mbowe and his three colleagues. Judge Eliezer Luvanda has decided to recuse himself from the economic sabotage case facing Mbowe and his three colleagues after Mbowe presented the petition in this court today that they do not believe that justice will be done.
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Photo courtesy of BBC.
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Finally, the Moshi Court in Kilimanjaro Region this afternoon has announced the release of the former Head of Hai District, Lengai Ole Sabaya, after a short time ago, he confessed to the crimes he was facing. Sabaya has confessed to his crimes through 'plea bargaining' which is a process of special agreement/reconciliation in a criminal case between the Prosecutor and the Accused where the Accused can agree to admit one or more of the crimes he was accused of in order to get relief in the case he is facing.

Tanzania, a country rich in natural resources and cultural legacy, strives to be a strong democracy. However, the division of powers, which is essential for a strong democratic government, is only partially fulfilled. This article looks at how Tanzania might properly divide the powers of its three pillars: the president, the legislature, and the judiciary. Tanzania may create a more fair and just system by enacting certain changes and encouraging an accountability culture, but sadly in Tanzania president has more power than legislature, and the judiciary at together.
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Photo courtesy of Judiciary of Tanzania.​

The executive branch, led by the President, now has substantial influence. Consider a scenario in which the President, by executive decrees, dictates the curriculum in schools, circumventing the legislative process. This concentrates authority and reduces democratic participation. Tanzania may solve this by strengthening the function of Parliament. Allowing Parliament to evaluate presidential choices through strong oversight committees will ensure checks and balances but this is impossible since the members of parliament including Parliament’s Speaker are all under the President since President is the Chairperson of the ruling party. Furthermore, Parliament should have the right to approve presidential nominees, particularly to crucial offices such as Attorney General and Chief Justice. This guarantees that candidates with the required qualifications and independence are selected.

Furthermore, the judiciary need a better protection against improper influence. Imagine a judge being pressured by the executive branch to decide in favor of the government in a corruption case. This scenario violates the notion of judicial independence. Tanzania can strengthen the security of tenure for judges, making it more difficult to dismiss them for political reasons. Furthermore, creating an independent agency to address judicial misconduct accusations would promote a culture of justice and impartiality. Strengthening judicial pay and establishing a transparent appointment mechanism will help to consolidate the judiciary's independence.
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Photo courtesy of SwahiliTimes.​

Currently, presidential orders contravene current legislation established by Parliament. Consider a scenario in which a presidential order permits logging in a protected forest, breaking current environmental restrictions. To avoid such contradicting actions, Tanzania might build a strong judicial review mechanism. This enables the judge to decide whether executive directives or laws comply with the constitution. Citizens would be empowered to dispute the constitutionality of presidential actions through public interest litigation, which would strengthen the system even more.

A culture of responsibility is required for effective separation of powers. Imagine a government person misusing their authority with no legal consequences. Such cases undermine public trust. Strengthening anti-corruption authorities and guaranteeing their independence are critical. Furthermore, promoting a free and independent press allows journalists to examine and report on government actions, keeping them accountable to the people. Establishing strong whistleblower protection legislation would encourage people to reveal wrongdoing without fear of retaliation.
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Photo courtesy of Africanews.​

Collaboration among the three branches is necessary for efficient government. Consider a scenario in which the executive branch proposes a large-scale infrastructure project, but the legislative lacks the skills to adequately evaluate its financial ramifications. To solve this, inter-branch committees might be created to improve communication and information sharing. Regular discussions between the President, legislative committees, and judiciary heads can promote understanding and collaboration. Such exchanges can guarantee that laws are practical, enforceable, and adhere to constitutional principles. The route toward a more defined division of powers will require overcoming obstacles. Public education is essential for ensuring that individuals understand their rights and duties in holding the government responsible. Furthermore, developing civil society will result in a critical mass of voices calling for openness and good government.

However, the advantages exceed the drawbacks. A strict division of powers promotes a system of checks and balances, preventing any one branch from becoming excessively dominant. It promotes spirited discussion, resulting in more informed conclusions. Consider a Parliament that has robust debates on important issues, ensuring that citizens' demands are met. Furthermore, a powerful court preserves the rule of law by protecting citizens from arbitrary government acts and encouraging equality before the law.
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Photo courtesy of The Citizen Tanzania.​

To summarize, Tanzania has the potential to be a dynamic democracy with a clearly defined division of powers. Tanzania may achieve a more fair, honest, and responsive government by increasing Parliament's role, maintaining judicial independence, unifying the legal framework, and cultivating an accountability culture. This, in turn, will set the path for long-term growth and a more promising future for its residents. Imagine Tanzania as an African democracy beacon, with the three pillars of government working together harmoniously to ensure the well-being of all citizens. This objective is feasible through effort, teamwork, and adherence to democratic government ideals.
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Tanzania We want: Separation of Power among three pillars of Government is better for the Prosperity of the Nation.​

 

[Uhakika Bro]

magine Tanzania as an African democracy beacon, with the three pillars of government working together harmoniously to ensure the well-being of all citizens. This objective is feasible through effort, teamwork, and adherence to democratic government ideals.
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Tanzania We want: Separation of Power among three pillars of Government is better for the Prosperity of the Nation​

Powers separated and each doing exactly what it says and supposed to do in the same spirit of building A Nation will get us to the Tanzania we want.