Stakeholders welcome electoral reforms

DAR ES SALAAM: AS Tanzania prepares for the 2025 General Election, legal stakeholders have shared their insights on the importance of maintaining peace, safeguarding national security, advancing electoral law reforms, and reinforcing the role of state institutions in the democratic process.

Speaking at the recent National Legal Symposium held at the Julius Nyerere international Convention Centre (JNICC) in Dar es Salaam, experts stressed the need to navigate political tensions thoughtfully while upholding democratic values.

They underscored the importance of understanding the future trajectory of Tanzania’s politics and how electoral laws play a vital role in ensuring free and fair elections—consistent with past democratic practices.

During various panel discussions, speakers urged the public to remain vigilant against divisive politics masquerading as reform. They called for trust in the ongoing electoral reforms and the existing legal framework, noting that progress has already been made.

The symposium, organised by the Public Bar Association (PBA) under the theme “Democracy in Practice: Law, Accountability and the 2025 General Election,” was officially opened by former President Dr Jakaya Kikwete.

Speaking on the topic “The Evolution of State Sovereignty in Democratic States under International Law”, one of the key panelists, Professor Bonaventure Rutinwa, Deputy ViceChancellor (Academic) at the University of Dar es Salaam, explained that in democratic states that prioritise human rights, an essential pillar of liberalism, sovereignty is derived from the people through representative governance.

This representation is exercised via elections and enforced by the three branches of government: The executive, legislature and judiciary.

“For sovereignty to be meaningful, there must be enforcement of laws that grant freedom to citizens, while also securing national interests,” said Prof Rutinwa.

He cited Tanzania’s constitutional values — brotherhood, humanity, unity and solidarity, as key sources of national resilience.

However, he cautioned against threats to these values, including religious and ethnic conservatism and activist extremism.

He also addressed the limits of freedom of expression, referencing the European Union Convention on Human Rights, saying “citizens have rights, yes, but it is the government’s duty to ensure those rights do not compromise national security,” he said.

“As Tanzanians, it is our responsibility to prevent extremism and to reject any strategic misinterpretations of the law that may lead us astray,” Prof Rutinwa added.

PBA Board Chair Ado November acknowledged that the government has already implemented significant electoral reforms, countering claims that no changes have been made.

He noted the establishment of the Independent National Electoral Commission (INEC), which now operates under its own legal framework. One of the notable reforms includes a requirement for election-related disputes to be resolved within six months.

Additional changes include removing District Executive Directors (DEDs) from their previous roles as returning officers. The duties will now be handled by qualified senior public servants under INEC supervision.

Advocate Francis Stolla elaborated on the 2024 Independent National Electoral Commission Act, which grants INEC the autonomy to select its members through a transparent interview process before submitting names to the President for appointment.

The selection committee includes the Chief Justices of Tanzania and Zanzibar, the Attorney General and other members chosen through public applications announced in national newspapers.

Stolla also noted that one of the recent reforms allows prisoners to vote in presidential elections, a right previously denied.

He praised the transparency and inclusiveness of the reforms, urging the public to ignore misinformation being spread by some individuals.

“The government is continually strengthening electoral laws, and this should not be used as a reason to delay the upcoming election. The October General Election should proceed without obstruction,” he said.

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Retired Judge Thomas Mihayo, speaking on “Voting Rights: An Examination of the Electoral Dispute Resolution Framework in Tanzania,” reaffirmed the Judiciary’s central role in upholding justice. He emphasised the Judiciary’s commitment to applying the law fairly and ensuring justice in all election-related matters.