Huge nod for electoral bills

• Independent electoral body comes- to-the fore
• GBV in election is now an offence

DODOMA: THE National Assembly has unanimously endorsed three electoral reform bills that aim to strengthen good governance and democracy in the country.

After a long day of debate, the National Electoral Commission (NEC) Bill, 2023, the Presidential, Parliamentary and Local Government Elections Bill, 2023, and the Political Parties Affairs Laws (Amendment) Bill, 2023 were approved by the august House. These bills were presented for the second and third reading in the National Assembly on Tuesday.

The approval came after the government accepted proposed amendments to some clauses of the three bills, as presented by the Parliamentary Committee on Governance, Constitution, and Legal Affairs, as well as other Members of Parliament.

The proposed changes include renaming the electoral commission to the Independent National Electoral Commission and amending the provision that requires the NEC director to become the secretary of the recruitment committee. Instead, this position will be given to any senior public servant with the required qualifications.

Other changes include recognising gender-based violence in elections as poll offences and the appointment of commission members and election supervisors.

Concluding the debate on the three bills, Minister of State in the Prime Minister’s Office (Policy, Coordination, and Parliamentary Affairs), Jenister Mhagama, stated that the parliamentary committee advised against the NEC director serving as the secretary of the recruitment committee.

“We have agreed with the committee that instead of specifying the position and qualities of the director, there will be an inclusive qualification such as a senior public servant who is capable of doing the work,” she said.

Mhagama added that the government’s requirement is for the recruitment committee to bring in commission members with the necessary qualifications.

Furthermore, the minister stated that the government has accepted the recommendation proposed by most lawmakers to change the name of the commission to the Independent National Electoral Commission.

“Stakeholders proposed adding the word ‘independent’ to the name of the commission… the government has no objection to that because even the country’s constitution, sections 11 and 7, clearly state the independence of the commission,” she said.

Ms Mhagama also emphasised that adding the word ‘independent’ to the commission’s name does not imply that it was not independent before, as it has already supervised several elections and includes representation from both ruling and opposition parties in the national assembly.

According to Minister Mhagama, the bill outlines various criteria for assessing the commission’s performance, including election funds, duties, and the process of obtaining its members to enhance integrity.

Another change highlighted by the minister is the new system for obtaining commission members, which President Samia Suluhu Hassan has agreed to implement. These members will now be obtained through the recruitment committee.

The committee will also propose names for the chairperson and vice-chairperson of the commission and present them to the president for appointment.

Ms Mhagama explained that another area of change is the power vested in the president to revoke the membership of any commission member.

The amendments propose that the Head of State may form an investigation committee and seek advice before implementing her decision.

Regarding NEC permanent staff, Minister Mhagama stated that the government has decided to establish the commission’s service secretariat, similar to the Parliamentary Service Commission.

Regarding the Presidential, Parliamentary, and Local Government Elections Bill, 2023, the minister stated that the government has agreed to amend Section 6(1) of the bill to broaden the scope of appointing election supervisors. The changes will also include the appointment of a public servant with the required qualifications.

Section 6(1) currently states that every city, municipal, township, and district executive directors will serve as Returning Officers at the constituency and ward levels and can serve in more than one constituency.

According to the bill, without affecting the conditions stated in subsection (1), the National Electoral Commission can appoint a returning officer by considering a person’s status in the office or by name from among the public servants with similar qualifications as district executive directors.

Regarding unopposed candidates, the minister stated that the government has agreed that these candidates will be voted for or against during the election. If the contestant garners the majority of votes, they will be declared the winner.

Regarding gender-based violence (GBV) in elections, the minister stated that the government has agreed to include a provision in the bill that recognises such acts as election offences.

She added that there is a need to develop a robust system to help eliminate these acts against both men and women.