PROFESSOR Costa Mahalu.
PROFESSOR Costa Mahalu, the parliamentarian who is the chairperson of the Committee on Standing Orders, submitted the committee’s final draft on Monday in which it was proposed that the Constituent Assembly (CA) use the voting system in decision-making.
However, in a dramatic turn of events, the advisory team failed to agree and submit to the Assembly the most appropriate system that would be applied. During yesterday’s session, the Constitutional Assembly was once again divided.
As soon as the chairman of the Standing Orders Committee, Prof. Mahalu, informed the assembly on the new proposal, a spectre of confusion reined.
Throwing the ball onto the CA’s ground, Prof. Mahalu said that members were now supposed to decide on the best modality for decision making but unlike in the past, it will not be an obligation of his committee to advise members to choose between the open and secret ballots.
“Mr Chairman, on the remaining sections 37 and 38, which contain the most contentious issues, we have advised the CA to decide by voting and that is what we can report for now. Otherwise we are done with all the other sections including the amendments made by the Assembly,” he said.
Prof. Mahalu’s briefing immediately prompted members to react inapproprietly throwing the Interim Chairman, Mr Pandu Ameir Kificho, into a hard time.
Mr David Kafulila said that if the stalemate on the voting system was not shot down by Monday evening, the CA should be disbanded and everyone sent back home.
He said that it was clear that there were critical divisions among members of the advisory team. The team had been formed to work on the voting system. He caused quite a stir when he insisted that all CA members should pack their bags and leave for home.
“We will come back later sober minds,” he said. But before his comments could be digested, Chairman Kificho, intervened saying that the CA cannot be dissolved just like that as Mr Kafulila had suggested. “Only the president who formed it has the mandate to dissolve it,” he said.
At this juncture, Mr Ezekiah Oluoch stood up and said that since the committee on Standing Orders had called for voting, he was of the view that the secret voting be instituted in order to conclude the matter.
“All the holy books especially the Bible that I read most recommend secret voting in determining the fate of serious matters and you Mr Chairman were elected by secret vote. Let us finish this matter right now otherwise there are no Standing Orders here!” he said.
He was followed by Mr Wiliam Lukuvi who said that failing to pass sections 37 and 38 should not affect all other sections of the Standing Orders that have been endorsed. According to Mr Lukuvi, passing the Standing Orders would pave way for the establishment of a permanent Committee on Regulations which would be tasked with handling all matters pertaining to regulations.
He said that apart from the fact that the Wananchi out there are not happy with the goings-on and the delay of the Assembly in solving the matter, so far the work done was commendable. Almost 99 per cent of the regulations had been passed.
“It doesn’t augur well in any mind that somebody can suggest dissolution of the Assembly simply because we don’t agree on the two regulations. We can cast them aside and proceed,” he noted.
Mr Kificho asked for one of the committee members of Standing Orders to respond to the members’ concerns and Mr George Simbachawene made it clear that it was important that all sections including the contentious 37 and 38 are passed for other activities to officially take off.
The assembly was adjourned to 9:00am this morning after a proposal was floated by Civic United Front (CUF) Chairman Prof. Ibrahim Lipumba for the MPS to be given time to read the document. He was supported by Chadema Chairman Freeman Mbowe and NCCR – Mageuzi chairman James Mbatia.
Source : PIUS RUGONZIBWA in Dodoma
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