ABSTRACT

This chapter focuses precisely on the participatory element within the constitutional reform process. It discusses the chronological order of events, which can be subdivided into four distinct phases. The chapter argues that although the constitution-making process in Tanzania provided the public with a great opportunity to shape the constitution according to their individual preferences, the manner in which the process unfolded can be regarded as a prime example of elite-capture. It also discusses a significant degree on first-hand information drawn from the Blog of Humphrey Polepole who was involved in the Tanzanian constitution-making process and who was a member of the Constitutional Review Commission from April 2012 to March 2014. The legal text outlines a fourfold procedure that should ultimately pave the way for a new constitution, co-created and owned by the people of Tanzania. The mandate and the precise powers of the Constituent Assembly were highly debated among the diverse political actors within the constitution-making process.