Political System in Tanzania
Tanzania is a democratic Country which adheres to Multi-Party Democracy. Multi-
Partism existed before independence and briefly thereafter. In Tanganyika (Mainland
Tanzania), there were 3 main Political Parties including Tanganyika African National
Union (TANU), United Tanganyika Party (UTP) and African National Congress (ANC)
which participated in the General Elections before independence. On the other hand,
Tanzania Zanzibar also had 4 Political Parties which are Afro-Shirazi Party (ASP),
Zanzibar and Pemba People‟s Party (ZPPP), UMMA Party and Zanzibar Nationalist
Party (ZNP), which participated in the General Elections conducted in the Isles before
1964.
In 1965, the Multi-Party System was officially abolished. Tanzania decided to follow a
Single-Party System, where, Mainland Tanzania remained with one Political Party
which was TANU and Tanzania Zanzibar remained with ASP. In 1977, TANU and ASP
united to form one Political Party, namely Chama cha Mapinduzi (CCM).
In 1992, Multi-Partism was re-introduced in Tanzania. Since its re-introduction, five
General Elections have been conducted. The elections were conducted in 1995,
2000, 2005, 2010 and 2015, where various Political Parties participated in those
Elections.
The registration of Political Parties in Tanzania is governed by the Political Parties
Act, Cap. 258. The Act creates the office of the Registrar of Political Parties which
has the mandate of registering; monitoring and evaluating the performance and
conduct of all Political Parties in Tanzania.
In the 2015 General Election, 22 fully registered Political Parties participated as
shown in Annex 1.
The Electoral Systems in Tanzania
Article 21 of the Constitution of The United Republic of Tanzania, 1977, articulates
the right of every Citizen to take part in matters pertaining to the governance
of the country, either by electing or being elected. Every Tanzanian aged 18 years
and above, has the right to vote and elect the leaders of his or her own choice.
However, in order for a person to be elected for Councillors and Parliamentary posts,
he/she must be 21 years old and for Presidential Post, not less than 40 years.
In Tanzania the applicable electoral system is First-Past-the-Post, whereby a
candidate who obtains a higher number of valid votes compared to any other
Candidate is declared as the Winner. This is in accordance with Sections 35 F (8) and
80(1) of the National Elections Act, Cap 343. However, Proportional Representation
is used to obtain Members of Parliament and Councillors Women Special Seats
Article 66 (1) of the Constitution of The United Republic of Tanzania, 1977, provides
6 categories of Members of Parliament.
Apart from Elected Members of Parliament and Women Special Seats, there are also
five members elected by the Zanzibar House of Representatives from among its
members, the Attorney General, the Speaker of the National Assembly (if he/she is
not elected from amongst the elected members of the Parliament) and not more
than ten members appointed by the President.
Councillors‟ Women Special Seats are obtained depending on the proportional
number of Wards won by each Political Party in any given Council. This is in
accordance with Section 35 of the Local Government (District Authorities) Act, Cap.
287 and Section 19 of the Local Government (Urban Authorities) Act, Cap. 288.
The Electoral Cycle in Tanzania
The Presidential, Parliamentary and Councillors‟ Elections are conducted every 5
years. This is as provided by Article 65 of the Constitution of the United Republic of
Tanzania of 1977.
As it is in other countries, Tanzania manages the Election Process that is in
conformity with the Electoral Cycle which divides the Election activities into three
phases. The Election phases are Pre-Election, During Election and Post-Election.
Therefore, the Commission has effectively implemented the Election Process by
adhering to the Election Phases as follows:
(a) Pre - Election
Activities implemented during the Pre-Election Phase include the following:
(i) Budgeting;
(ii) Review and Demarcation of Constituency boundaries;
(iii) Registration of Voters;
(iv) Purchase of Election Equipment and Materials;
(v) Preparation of Election Calendar and Action Plan;
(vi) Amendment of Electoral Laws and Guidelines for Election Officials and
Stakeholders;
(vii) Provision of Voters‟ Education; and
(viii) Accreditation of Election Observers.
(b) During Election
During this phase, NEC implemented the following activities:
(i) Nomination of Candidates;
(ii) Co-ordination of Election Campaigns;
(iii) Overseeing performance of the Election Ethical Committees;
(iv) Training of Election Officials;
(v) Printing and distribution of Ballot Papers;
(vi) Distribution of Election Equipment and Materials;
(vii) Casting of Votes;
(viii) Counting of Votes; and
(ix) Declaration of Election Results.
(c) The Post-Election Phase
During this Phase, NEC implements the following activities:
(i) Post-Election Evaluation;
(ii) Dealing with Election Petitions;
(iii) Preparation of General Election Report;
(iv) Amendment of Electoral Laws;
(v) Review and Updating of Voters Register;
(vi) Review and Updating of Election Systems;
(vii) Review and Updating NEC organisation Structure;
(viii) Performance (Financial and Value for Money) Audits of the General Election
processes ;
(ix) Review NEC Strategic Plan; and
(x) Preparation of Action Plan for the next General Election.
The National Electoral Commission
The National Electoral Commission (NEC) was established on 13th January, 1993,
following the re-introduction of Multi-Party System in 1992. According to Article
74(1) of the Constitution of The United Republic of Tanzania, 1977, the Commission
is headed by a Chairperson, and consists of Members who are all appointed by the
President of the United Republic of Tanzania.
The first Chairperson of the Commission was the late Hon. Justice (Rtd.) Lewis M.
Makame, who chaired the Commission from 13th January, 1993 to 14th June,
2011.The current Chairperson, Hon. Justice (Rtd.) Damian Z. Lubuva has been
serving the Commission from 19th December, 2011 to date. The Commission is
mandated to coordinate and supervise the Presidential and Parliamentary Elections
of United Republic of Tanzania and Councillors‟ Elections in Mainland Tanzania.
The Commission is an autonomous department. This is in accordance with Article
74(7) of the Constitution of the United Republic of Tanzania, 1977. Article 74(11) of
the Constitution provides that, in discharging its functions, the Commission shall not
be obliged to comply with orders or directives of any person or any Government
department or the views of any Political Party. Furthermore, no court shall havepowers to inquire into anything done by the Commission in the discharge of its
functions in view of Article 74(12) of the Constitution.
Organization Structure of the National Electoral Commission
The National Electoral Commission comprises of 7 members who are appointed by
the President. The Chairperson and Vice Chairperson must be appointed from
persons who are Judges of the High Court or Court of Appeal of Tanzania or persons
qualified to be appointed as a Judge of the High Court or Justice of the Court of
Appeal. During appointment, the President takes into account the principle that,
where the Chairperson hails from one part of the Union, the Vice-Chairperson shall
be a person who hails from the other part of the Union. This is in accordance with
Article 74 (1) and (2) of the Constitution of the United Republic of Tanzania of 1977
and Section 4(1) of the National Elections Act, Cap 343.
Furthermore, one member of the Commission is appointed from amongst the
members of the Tanganyika Law Society (TLS). The remaining four members are
appointed from amongst persons possessing adequate experience in the conduct or
supervision of Parliamentary elections or such other qualifications as the President of
the United Republic of Tanzania may consider necessary for the effective discharge
of the functions of the Commission. Currently, NEC has seven members as illustrated
in Table 1.
Table 1:
Members of the National Electoral Commission
Name Position
1 Hon. Justice (Rtd.) Damian Z. Lubuva Chairperson
2 Hon. Chief Justice (Rtd. Zanzibar) Hamid M. Hamid Vice Chairperson
3 Hon. Prof. Amon E. Chaligha Member
4 Hon. Mchanga H. Mjaka Member
5 Hon. Judge (Rtd.) John J. Mkwawa Member
6 Hon. Judge (Rtd.) Mary H.C.S Longway Member
7 Hon. Asina A. Omari Member
The tenure of Members of the Commission is five years. However, the President can
re-appoint the Commissioners to serve for further terms.
In carrying out its functions, the Commission is assisted by a Secretariat which is
headed by the Director of Elections who is the Chief Executive Officer and the
Secretary to the Commission. Currently, the Director of Elections is Mr. Kailima R. Kombwey.
NEC has five departments and four Units headed by Deputy Secretaries and
Departmental Directors as follows:
(i) Department of Administration and Human Resources Management;
(ii) Department of Planning;
(iii) Department of Permanent National Voters Register;
(iv) Department of Election Management;
(v) Department of Voters Education and Information;
(vi) Finance and Accounts Unit;
(vii) Internal Audit Unit;
(viii) Legal Services Unit; and
(ix) Procurement Management and Logistics Unit.
Vision and Mission
In carrying out its mandate and functions, NEC is guided by set Vision and Mission
geared towards effective and efficient implementation of its Strategic Objectives and
Targets.
Vision
To be an independent Electoral Management Body delivering free, fair and credible
elections in the United Republic of Tanzania.
Mission
To supervise and co-ordinate the conduct of Presidential and Parliamentary Elections
in the United Republic of Tanzania; Councillors‟ Elections in Mainland Tanzania and
perform any other mandated functions in collaboration with all Stakeholders to
contribute to the democracy, good governance and sustainable socio-economic
development.
The Functions of the National Electoral Commission
According to Article 74 (6) and 78 of the Constitution of the United Republic of
Tanzania of 1977, the functions of NEC are:-
(i) To supervise and co-ordinate the registration of Voters in
Presidential and Parliamentary elections in the United Republic;
(ii) To supervise and co-ordinate the conduct of the Presidential and
Parliamentary Elections;
(iii) To review the boundaries and demarcate the United Republic into
various areas for the purposes of Parliamentary Elections;
(iv) To supervise and co-ordinate the registration of Voters and the conduct
of the Election of Councillors; and
(v) To perform any other functions in accordance with a law enacted by
Parliament.
Other functions of the Commission in accordance with the National Elections Act, Cap
343, and the Local Authorities (Elections) Act, Cap 292, are as follows:-
(i) Provision of voters‟ education, co-ordination and supervision of institutions
and other Stakeholders dealing with provision of Voters‟ Education; and
(ii) Nominate and announce Members of Women Parliamentary Special Seats and
Councillors for Women Special Seats.
ELECTION PREPARATIONS
Cost for Voters Registration and the General Election
The Commission spent the sum of Tshs. 534,499,415,599.00 for updating the
Permanent National Voters‟ Register (PNVR) and cordination, supervision and
conduct of 2015 General Election. The Commission also spent Tshs.
1,523,886,833.00 from the United Nations Development Programme (UNDP),
as part of Development Partners‟ contribution for the 2015 General Election.
Cost for Updating the Permanent National Voters’ Register
The Commission received a total of Tshs. 260,865,285,227.00 for updating the
PNVR out of the requested budget of Tshs. 330,290,786,381.40. The funds
were used to procure BVR Kits, training of Registration Officials and carrying
out the registration activity.
Procurement of Equipment and Materials for Updating the
PNVR
The process of procuring equipment and materials for updating of the PNVR
was conducted by the Commission in accordance with the Public Procurement
Act No.7 of 2011 and its Regulations of 2013. Other equipment and materials
were procured by Development Partners through the UNDP.
Equipment and materials procured for updating the PNVR included; 8,000 BVR
Kits, various publications and forms used in updating of the PNVR, software,
stationery, packing boxes, T-shirts, polo caps, bags, printers, GIS Hardware,
GPS Handsets, servers and toners.
The UNDP through the Democratic Empowerment Project (DEP) supported the
Commission by supplying various equipment and Materials for updating the PNVR and upgrading of Application Systems such as the Warehouse
Management System as well as Publication of brochures for Voters‟ Education.
Operating Cost for the 2015 General Election
The Commission estimated to spend Tshs. 273,648,993,370.00, for the 2015
General Election. The budget included cost of; printing of Sample Ballot Papers
and Ballot Papers, training of Election Officials, logistics, Electoral Officials
remuneration, preparation of polling stations, Voters‟ Education Programs,
printing and procurement of election materials, Post Election Evaluation,
preparation and printing of the 2015 General Election report and Election
Petitions. The Budget also included funds for setting up the National Results
Centre for receiving and declaring of the Presidential results.
As of October, 2015, a total sum of Tshs. 273,634,130,372.00 equivalent to
99.99% of the requested funds were already disbursed.
Procurement of Materials for the 2015 General Election
The Commission verified equipment and materials prior to the 2015 General
Election so as to identify actual needs of equipment and materials in all
Councils. The verification involved Election equipment and materials which
were used in the 2010 General Election such as Ballot Boxes, emergency
lanterns and rubber stamps. The verification indicated that, there were
shortages of some equipment and materials.
After the assessment and verification, the Commission procured equipment and
materials for the Election in accordance with the Public Procurement Act of
2011 and its 2013 Regulations. The equipment and materials procured included
polling booths tamper proof envelopes, indelible ink, emergency lanterns and
batteries, observers‟ bags, T-shirts, polo caps and ballot boxes.
Printing of Election Documents
The Commission published various Election documents used in the 2015
General Election. The published documents were the PNVR, voters‟ list,
multiple forms, legal documents, sample ballot papers, ballot papers, tactile
ballot folders, results forms, posters, billboards for voters‟ education, guiding
banners, posters for Polling Stations and stickers.
The Development Partners’ Contribution
The Development Partners, contributed Tshs. 1,523,886,833.00 through UNDP
to facilitate the process of updating the PNVR, renovation of Data Processing
Centre, publication of the Election Code of Conduct, Guidelines for Election
Observers, outreach programs and the production of Voters‟ Registration
awareness posters for Dar es Salaam Region.
Furthermore, the UNDP provided some equipment and materials for election
activities. The Commission received 7 projectors to facilitate training programs
for Election Officials, 6 computers for the Elections Information Centre, 171
computers and printers for the registration of Candidates, tallying centre and the declaration of results in all Councils. Moreover, UNDP facilitated the Commission in providing materials and equipment for the National Results
Centre, Call Centre and Observers‟ registration centre.
The General Election Timetable
The Commission prepared a Timetable for the General Election focusing on the
nomination day as provided under Section 37 (1) (a) of the National Elections
Act, Cap 343. The legislation requires the Commission to appoint the
Nomination Day not less than 5 days and not more than 25 days, after the
dissolution of the Parliament.
According to Article 65 of the Constitution of the United Republic of Tanzania,
the Parliament was officially dissolved on 15th August, 2015. Following the
dissolution of the Parliament and as provided under section 37 (1) (a) of the
National Elections Act, Cap. 343, timetable for the 2015 General Election
Amendments of Laws and other Election Documents
The Post-Election Assessment which was conducted after the 2010 General
Election revealed the need to review the Electoral Laws, Regulations, Electoral
Code of Conduct and Guidelines for Election Officials and Election Stakeholders.
2.3.1 The Electoral Laws
In the course of improving the existing Electoral Laws, the Commission
recommended the amendment in the following areas:-
(i) Election Day should not fall on any day of worship and should be
officially declared as a Public Holiday;
(ii) Repeal of the provision which allows house to house campaigning;
(iii) Political Parties should appoint Agents from their respective Wards or
Constituencies;
(iv) Press should be allowed into Polling Stations;
(v) Setting a specific time for declaring Election Results;
(vi) A person who is capable of depositing security for costs in an Election
Petition should be allowed to do so without an application to the Court;
(vii) Striking out the Election Petitions where the Petitioner fails to pay
security for costs;
(viii) Extension of time for the hearing of the Parliamentary Election Petitions
in the High Court; and
(ix) To amend the provision which requires the Commission to postpone
Elections in the event of death of the Running Mate.