Members of the envisaged Constituent Assembly ought to be free to express their views and those of the people they represent without running the risks of being penalized by their parties, it has been proposed.
“They should have immunity both civil and criminal for matters arising in the House,” according to a law expert from Mzumbe University, Mr Martin Massawe.
Mr Massawe was presenting a paper to members of parliament on skills to analyze the constitution draft in the envisaged Constituent Assembly.
The seminar was organized by the National Assembly in collaboration with the United Nations Development Programme (UNDP) through the Legislature Support Project. All members of parliament will be trained in phases on skills and techniques of reviewing the draft constitution, according to the Chairperson of the Parliamentary Standing Committee on Constitution and Legal Affairs, Ms Pindi Chana.
In his presentation, Mr Massawe said among others, the Constitutional Review (Amendments) Act of 2013 is silent on immunity of members of the assembly against party whips in their respective parties. Some political parties in the country have been directing members to air views that reflect party ideologies and the don was afraid that the trend could limit members from making fruitful opinions if such views are against the position of their parties.
“The constitution is not a framework for the parties but for the nation. Parties may share interests which are not necessarily interests of the nation,” the don observed. In another development, Mr Massawe said that while a timeframe allows thorough scrutiny of the document, he said a hurried process is less likely to achieve the best product. “A long process may also lose public support. It is also expensive and make many possible initiatives by the government to be put on hold,” he explained.
The scholar noted, however, that deadlock-breaking meetings of party leaders can be useful to bring harmony and consensus in the house.
By ALVAR MWAKYUSA, Tanzania Daily News
