A Compulsory Research Report Submitted in Partial Fulfillment of the Requirement for Award of Bachelor of Law (LLB) Degree of Mzumbe University
This research paper critically analyze the Independence of National Electoral
Commission as provided per Article 74(1) and 74(5) of Constitution of United Republic
of Tanzania, as to what extent makes NEC not to be Independent in a way that these
provisions gives power to the president to appoint members of Electoral commission,
meanwhile he is the head ruling political party also he can be the candidate contesting
for the coming presidential election, therefore these provisions gives a lee way for
president to appoint staffs who can work for him or on behalf of his political party hence
favoring the ruling party during election. NEC personal are considered not independent
and impartial as they are subjects of the president who appoint them hence they are more
likely to act in favor of the political party in which the president is a member.
Also the power vested to president and procedures of removing NEC staffs gives a
leeway for president to act in his pleasure and this practically makes NEC staffs to have
insecurity of tenure and act on behalf of president or his political party, since president
can revoke their appointment at his own discretion, causing NEC staffs to work in favor
of president or president’s polit ical part y, because his decision is unquest ionable and he
is not bound by recommendations of either an independent invest igation tribunal or
opinions independent organ like from the parliament.
This research is guided by three Research Questions which are, Whether Article 74(1)
and 74(5) of Constitution of United Republic of Tanzania adheres to International
standards of an independent electoral Management body? And whether NEC is
independent as per Article 74(1) and 74(5) of Constitution of the United Republic of
Tanzania? And lastly whether there are legal implications for NEC not to be
independent? The researcher deployed unstructured interview, Questionnaire and
documentary review to collect and gather data and information to prove these Research
questions. And the Study found that NEC is not independent since practically it is under
indirect control of appointing authority. Therefore the Researcher will provide with
several recommendations which assist to solve the problem.