Magufuli: What next for Tanzania? Suluhu's tough balancing act

The death of Tanzania’s President John Magufuli has put his party Chama Cha Mapinduzi (CCM) in a situation where it must demonstrate leadership and political maturity by ensuring a seamless transition as provided by the Constitution.

Vice President Samia Suluhu Hassan, was by yesterday set to be sworn-in as the first female president of the country to serve the remaining term.

This is as per Article 37 (5) of the Tanzanian Constitution which states: “The office of President becomes vacant by reason of death, resignation, loss of electoral qualifications or inability to perform his functions due to physical infirmity or failure to discharge the duties and functions of the office of President, then the Vice-President shall be sworn in and become the President for the unexpired period of the term of five years.”

The late John Pombe Magufuli taking an oath after his re-election at Jamhuri stadium in Dodoma, Tanzania.  [Courtesy]

Suluhu will have her work cut out as she will be expected to fulfil the aspirations and the ideology of her party, while ensuring the first President Mzee Julius Nyerere’s vision to ensure mainland and Zanzibar get the top seat is actualised.

The comes at a time the post-colonial party has been dogged by leadership wrangles that saw the exit of a number of’ key leaders among them Former Prime Minister Edward Lowassa in 2015, who later reconciled with Magufuli while Opposition heavyweight Tundu Lissu is exiled in Belgium to where he fled after dismissing last year's elections as a sham.

Armed with sweeping powers as provided in Article 36 of the Constitution, Suluhu will be at liberty to reach out to all the opposing parties to rediscover the party’s moral compass and reverse its creeping authoritarianism.

Once she assumes office as the Head of State, she will be eligible to defend it for another five years, since she is taking over five months into their second term.

Article 40 (4) states: “Where the VP holds the office of President in accordance with the provisions of Article 37(5) for less than three years, he/she shall be eligible to contest for the office of President for two terms, but where he/she occupies the office for three years or more, he/she shall be eligible to contest for the office of President for one term only.”

Governance

Tanzania’s CCM party has over the years shown its ability and desire to steer the state toward economic and good governance empowerment.

However, under Magufuli’s regime, CCM used violence and intimidation to maintain control.

Analysts say Magufuli was a compromise candidate without strong backing from any CCM faction, and other party members wanted him out.

In this case, Suluhu’s litmus test will be choosing a Vice President without upsetting the tradition of sharing the seats between mainland and Zanzibar.

In accordance with the conditions set out in Article 40 of the Constitution, “after consultation with the political party to which he/she belongs, the President shall propose the name of the person who shall be VP and such appointment shall be confirmed by the National Assembly by votes of not less than fifty percent of all the MP.”

This means than once Suluhu assumes power and after consulting with CCM will nominate a VP who must garner at least 50 per cent approval by parliament.

Tanzanian Parliament membership is 393, out of this CCM has 287, Opposition: 103, others 1, while two seats are vacant.

Article 50(4) of the law, states that, “in the event that the office of VP is vacant as soon as possible and in any case within a period not exceeding fourteen days after the VP has ceased to hold his/her office. The President shall appoint a person who shall be the VP and such appointment shall be  confirmed by the National Assembly by a majority vote of the Members of Parliament.” 

Powers

Subsequently, Article 36 of the Constitution gives the President powers to constitute and to abolish any office in the service of the Government.

Magufuli, one of Africa’s most prominent coronavirus sceptics, died on Wednesday aged 61 in Mzena Hospital in Dar-es-Salaam.

President Uhuru Kenyatta described Magufuli as a global Pan-Africanist on the continental stage.

Deputy President William Ruto yesterday lauded Magufuli for bequeathing Tanzania with historic firsts in the promotion of women’s leadership and decision making.

“Magufuli signalled the commitments of the leadership through highly visible personal interventions,” said the DP.

ODM leader Raila Odinga called on Tanzanians and CCM party to remain united and peaceful.

“I appeal to the nation to fall back on the tradition set by Mwalimu Nyerere and followed meticulously by predecessors of a peaceful, orderly and constitutional transfer of power,” he appealed.

He stated, “The tradition of peaceful and orderly transfer of power, brotherhood and constitutionalism needs to hold in Tanzania now, more than ever in the interest of the peaceful and friendly people of Tanzania, the East African Community and the Continent of Africa.”