The Tanzanian Parliament has voted to pass the Elections (Amendment) Bill 2024, allowing individuals who lose elections, including presidential and deputy presidential candidates, to be nominated to Parliament. This decision was made by deleting Section 34 (9) of the Elections Act, which previously barred them from nomination. The move aligns with a Court of Appeal judgment that declared the provision unconstitutional.
The Court of Appeal judgment, delivered on June 4, 2013, ruled that Section 34 (9) of the Elections Act was invalid and void. The judgment effectively overturned a High Court decision that had found the provision constitutional. The Court of Appeal found that the constitutional provisions governing special seats under Article 97 (1) (c) do not bar top-tier executive contenders from securing legislative safety nets.
The deletion of the provision provides an opportunity for losers in elections to be included in party lists for nomination in the Senate and 47 County Assemblies. The election of members for the National Assembly, Senate, and county assemblies for party list seats is specified under Articles 97 (1) (c) and 98 (1) (b) (c) and (d) and Article 177 (1) (b) and (c) of the constitution.
The Constitution states that the nomination shall be on the basis of proportional representation and in accordance with Article 90 of the Constitution. Article 98 (1) (b) (c) provides that nominative slots in the Senate shall consist of 16 women members nominated by political parties according to their proportion of members of the Senate elected.
The Commission for the Implementation of the Constitution (CIC) had challenged the inclusion of mainstream executive candidates in party lists, arguing that it subverted the constitutional purpose of representing special interests. CIC noted that allowing Presidential and Deputy Presidential candidates to be included in the list of nominated members undermines the protection and promotion of the rights of minorities and vulnerable people.
The Article 100 of the constitution defines special interest groups to include women, persons with disabilities, the youth, ethnic and other minorities, and marginalized communities. The MPs' decision reshapes the rules of political succession, providing a fallback route for election losers to Parliament.
The new law also gives party bosses the power to handpick Members of County Assemblies (MCAs) as the Bill returns to the Senate. Proposals requiring nominees to be registered voters in the wards have been deleted, giving parties more control over the nomination process.
Key points
- MPs vote to delete a provision barring election losers from parliamentary nomination
- The decision aligns with a Court of Appeal judgment that declared the provision unconstitutional
- The new law provides a fallback route for election losers to Parliament and gives party bosses more control over nominations
