Most aspects of human life are dependent on the political make up of the state and
the contemporary world has put into priority democratic forms of government as it
allows the followers to have a dictative power to determine who to rule over them
and under which standards the leader should conduct his reign. For that porpose
democratic elections were introduced in The United Republic of Tanzania.
For the purpose of ensuring democratic elections, laws are enacted and put into force
both at the municipal and international levels. Also, electoral management bodies are
established by the laws to execute the purpose in all democratic elections. In
Tanzania two bodies act for the purpose as establised by the Constitutions inforce
therein. The bodies are the National Electoral and Zanzibar Electoral Commissions
(NEC and ZEC). The core principle governing the powers and operations of these
commissions are independence and impartiality and the elections executed in
complience with the principles are deemed free and fair (just), this is tested by the
electoral stakeholders through their post electoral views and commentaries.
Generally, the study is about the independence and impartiality of the commissions
as to secure confidence of the public in their dealings so as to realise democratic
elections in the state.
The study is made up of five chapters as follows: Chapter one covers the background
information, research problem, research objectives, and research methodology.
Chapter two explains the conceptual framework covering the operational meanings
of key words concepts and the perspectives of various levels of the universe on
democratic elections. Chapter three provides the legal and institutional frameworks,
while Chapter four dwells on analysis and presentation of findings of the study. The
last chapter provides the conclusion and proposes recommendations to curb the
researched problem.
Table of Contents
CHAPTER ONE
INTRODUCTION AND BACKGROUND INFORMATION
1.1 Introduction
1.2 Background
1.3 Statement of the problem
1.4 Hypothesis
1.5 Objectives of the study
1.5.1 General objective
1.5.2 Specific objectives
1.6 Significance of the study
1.7 Literature review
1.8 Research methodology
1.8.1 Primary data collection
1.8.1.1 Interviews
1.8.1.2 Questionnaires
1.8.2 Secondary data collection
1.9.0 Population and sampling design
1.9.1 Unit of inquiry
1.9.2 Sample size
1.9.3 Sampling technique
1.10 Data analysis technique
1.11 Scope of the study/ limitation
1.12 Conclusion
CHAPTER TWO
THE PARADOX OF DEMOCRACY AND DEMOCRATIC ELECTIONS
2.1 Introduction
2.2 The concept of democracy
2.3 The concept of election
2.4 The concept of democratic election
2.5 The international perspective of Democracy and Democratic Elections
2.6 The international principles of democratic elections
2.7 The regional perspective of Democracy and Democratic Elections
2.8 The principles of democratic elections in the URT
2.9 Conclusion
CHAPTER THREE
LEGAL AND INSTITUTIONAL FRAMEWORKS ON TANZANIA ELECTIONS
3.1 Introduction
3.2 The Electoral legal framework in the URT
3.2.1 The Constitution of the United Republic of Tanzania
3.2.1.1 Direct effect
3.2.1.2 Indirect effect
3.2.2 The National Elections Act
3.2.3 The Political Parties Act
3.2.4 The Constitution of the Revolutionary Government of Zanzibar
3.2.5 The Zanzibar Elections Act
3.2.6 The Election Expenses Act
3.3 Weaknesses of the electoral legal framework
3.4 The electoral institutional framework in the URT
3.4.1 The National Electoral Commission
3.4.2 Zanzibar Electoral Commission
3.5 Weaknesses of the electoral institutional framework
3.6 Conclusion
CHAPTER FOUR
DATA PRESENTATION, ANALYSIS AND DISCUSSION
4.1 Reasons for loss of confidence in the electoral commissions
4.1.1 Introduction
4.1.2 Biasness
4.1.3 Delay of election results declaration
4.1.4 None challenge-ability of the declared presidential results
4.1.5 Mishandling of voters registration
4.1.5.1 None registration of eligible voters
4.1.5.2 Existence of ghost voters
4.1.6 Poor mechanism used to execute elections.
4.1.7 Active membership of commissioners in political parties
4.2 Impacts
4.2.1 Loss of confidence on the electoral commissions
4.2.2 Denial of the right to vote
4.2.3 Political instability
4.2.4 Taking the law into ones hand
4.2.5 Increase of election petitions in the courts of law
4.3 Conclusion
CHAPTER FIVE
SUMMARY, CONCLUSION AND RECOMMENDATIONS
5.1 Introduction
5.2 Summary
5.3 Conclusion
5.4 Recommendations
Research Objectives and Core Themes
This study aims to critically evaluate the efficiency of the legal and institutional frameworks governing elections in Tanzania, specifically focusing on the lack of independence and impartiality of electoral commissions, which leads to public mistrust and post-election instability. The research investigates how these structural issues impact democratic processes and suggests necessary reforms to ensure fair electoral conduct.
- Efficacy of existing Tanzanian election laws
- Independence and impartiality of the National Electoral Commission (NEC) and Zanzibar Electoral Commission (ZEC)
- Impact of presidential appointments on electoral commission integrity
- Analysis of election-related human rights violations and petitions
- Recommendations for electoral reform and the adoption of modern technology
Extract from the Book
1.1 Introduction
The contemporary world has obviously manifested the demand of adherence to the principles of democracy in all aspects of life, but it seems the demand is higher in political matters. It is a common knowledge that once democracy is denied then injustice is calling. Seeing its indispensability most states have incorporated provisions for assurance of democracy in their laws of the land, the example is Tanzania where democracy is provided under Article 8 of the Constitution of the United Republic of Tanzania (CURT) and Article 5 of Constitution of the Revolutionary Government of Zanzibar (CRGZ). Furthermore, the mentioned mother laws provide for the substantive aspects and the procedural aspects of laws relating to democracy in general elections. However, the issue of democracy in Tanzania is a bit still young as it is now 24 years old. In its early stages there was a requirement that for a person demanding to enforce democracy in case it is claimed to have been breached in the elections then a fee of 5 million was ought to be paid in the court of law as per section 111(2) of the National elections Act, this was challenged later.
The challenge was in the case of Julius Ishengoma Francis Ndyanabo v. The Attorney General which is a court of appeal case appealed from the High court whereby the petitioner had an issue on the constitutionality of section 111(2) of the Elections Act which demanded a fee of Tsh 5 million as fee to file an election case in the court of law on the ground that it barred access to justice contrary to Article 13(1), (2) and 6(a) of the CURT hence prayed for it to be declared unconstitutional hence null and void, however the high court saw the petition with no merit hence the appeal to the Court of appeal. And it was therein held that:-
Summary of Chapters
CHAPTER ONE: This chapter introduces the study, covering background information, the research problem regarding electoral commission independence, the hypothesis, research objectives, and the methodology utilized for data collection.
CHAPTER TWO: This chapter discusses the conceptual framework, defining democracy and elections, and exploring the international and regional principles that should govern democratic elections.
CHAPTER THREE: This chapter analyzes the legal and institutional frameworks governing elections in Tanzania, including the roles and structures of the NEC and ZEC, and identifies inherent weaknesses in these systems.
CHAPTER FOUR: This chapter presents and discusses the research findings regarding why stakeholders lose confidence in electoral commissions, citing issues like bias, delays, and poor registration mechanisms.
CHAPTER FIVE: This chapter concludes the research by summarizing the findings and offering specific recommendations for reforming the legal and structural landscape of Tanzanian elections.
Keywords
Tanzania, Democracy, Elections, National Electoral Commission, NEC, Zanzibar Electoral Commission, ZEC, Legal Framework, Impartiality, Independence, Electoral Reform, Human Rights, Voter Registration, Multiparty System, Election Petitions
Frequently Asked Questions
What is the primary focus of this research?
This research provides a critical analysis of the legal and institutional frameworks governing elections in Tanzania, specifically examining the independence and impartiality of the electoral bodies (NEC and ZEC).
What are the central themes of the work?
The central themes include the structural flaws in electoral administration, the impact of political influence on election results, and the resulting loss of public confidence in the democratic process.
What is the main research objective?
The primary goal is to examine the efficiency of Tanzania's legal and institutional election frameworks and to propose concrete recommendations to ensure democratic integrity in future elections.
Which research methods were employed?
The researcher used both primary data collection (interviews and open-ended questionnaires) and secondary data collection (literature review of journals, reports, and legal instruments).
What does the main body of the work cover?
The main body evaluates the constitutional and legal basis of the NEC and ZEC, analyzes specific causes for stakeholder mistrust, and assesses the impacts of current electoral practices on political stability.
Which keywords characterize this paper?
The paper is characterized by terms such as democracy, electoral commissions, impartiality, voter registration, legal frameworks, and multipartism.
Why are electoral commissioners in Tanzania considered potentially biased?
The research argues that because commissioners are appointed directly by the President, who is often the leader of the ruling party, their independence is compromised, leading to perceptions of bias toward the ruling party's interests.
What specific institutional reform does the author suggest for the future?
The author recommends that commissioners should require approval from the legislature before taking office, a system modeled on the checks and balances found in countries like Kenya and the USA.
- Quote paper
- Muganyizi Shubi (Author), 2017, Democracy in Tanzania Elections. Critical Analysis of the Legal and Institutional Framework, Munich, GRIN Verlag, https://www.grin.com/document/491860
