Democracy in Tanzania Elections. Critical Analysis of the Legal and Institutional Framework

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

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.