A few days ago when UKAWA called upon the President to dissolve the Constitutional Assembly, everyone must have held the breath to see the outcome.

This raised a good sign to the majority public that at last Tanzania Kwanza is actually at the centre of the constitution making, that this time also UKAWA  members who were reported to be absent from their Constitutional obligations in the Assembly is now heading towards the right direction. 

Dismay however, nothing happened:  Am afraid whether I should say the ruling CCM is playing its cards carefully or rather it is in on the losing side. 

A question many ask is that ‘Why is UKAWA not going back to the Assembly with all the public’s call urging them to do so’. 

A renowned intellectual and fierce political fighter Patrice Lumumba from Kenya recently stressed at a forum in Dar es Salaam that UKAWA must iron out their differences with the ruling CCM because the constitution was all about consensus.

Before we examine political factors of UKAWA not going back to the Constitutional Assembly, it is important first to see why the government in power could not dissolve the Assembly. 

As earlier asserted, the Government in Power is treading with care on Constitutional -Making Process it failed to stop proceedings because that could have sent wrong signals to the majority public that it was in fact the government that does not abide by the peoples’ will.

Even though to a lesser degree our Constitution is based on the separation of powers, well the President I believe have such powers to dissolve the Constitutional Assembly, but allowed it to proceed because after all the public has all the powers to vote for or against it when such a draft is presented to them.

The American Constitution is more specific on the separation of powers and devised “a system of checks and balances between the Executive, Legislature and Judiciary that guarantees that no branch could monopolize power and thereby oppress the people.

Their creation was a system in which the government would be strong enough to protect the rights of the people but not so strong as to threaten those rights” as is happening in most countries in Africa and the third world!

In a democratic country where there are checks and balances, the government in power could not have taken such a risk of continuing with deliberations without consensus in fear of being booted out. 

Maybe the ruling Party is more smatter that the majority public including UKAWA who knows?

There were talks asking the parliament to convene to dissolve the Constitutional Assembly: Even those who are outside the instruments of governance but with a slant idea of how governments are being administered in different democratic countries are afraid to advise the President. 

Is our Attorney General Frederick Werema doing a job well enough to the President on rendering his best constitution making advice? That remains a question to be asked.

It is sad that the government with the majority legislatures relent with the CA assembly without knowing that the Constitution belongs to the majority public and not the government.

The CCM government just like many others in Africa should be careful with how it deals with the issues that concerns the public. A consensus is the most needful exercise in order to obtain the constitution that will include all the voices of the laymen. 

Prof. Patrice Lumumba stressed that both CCM and UKAWA need to reason the purpose of the constitution and to who the paper is being drafted only if that can be reasoned they can be able to come to tames with each other.

One should question why such a persistent by the ruling CCM in pressing UKAWA to go back to the parliament. Is it out of panic, fearing that the public will say they made the constitution by themselves excluding their view and vote them out of office.

Or is it that the public are now sympathising with UKAWA, a coalition seaming to be listening to their views as aired in the draft constitution chaired by the retired Judge Warioba? These are the questions that daily in and out haunts the ruling CCM as they proceed defiantly with the constitution deliberations.

 The three tier agenda is just one amongst the many agendas UKAWA camp wants not ignored because the minority also has the right to be listened to their views. 

A question the public ask is whether the three tier government proposed by the minority is going to affect their daily lives? Having this three tier government, will it mean anything to the nation?

And will it affect the common man from getting their basic needs because resources will be channeled to the now enlarged government? 

Some of these questions which I do not need to go into details have already been answered by the retired Judge who was mandated with the compilation of the constitution draft.

Having said that, it is wiser for CCM and UKAWA to come to terms after all the constitution is all about following people’s views. We need peoples’ Constitution and not party’s constitution.

The writer is a Columnist and Commentator based in Tanga, Tanzania