Tanzania: New election law restricts access to information

The New Election Expenses Act, 2010 contains provisions that hinder access to information, according to MISA-Tanzania report on “Tracking Parliamentary Sessions”.

 

This Act was assented to become a law by the President of the United Republic of Tanzania Dr. Jakaya Mrisho Kikwete on 17 March 2010. The objective of the Act is: “to make provisions for the funding of nomination process, election campaigns and elections with a view to controlling the use of funds and prohibited practices in the nomination process, election campaigns and elections; to make provisions for allocation, management and accountability of funds and to provide for consequential and related matters”.

 

While the general purpose of the Act is to limit expenses during election campaigns, the same law restricts access to information regarding expenses to be incurred by political parties and their candidates.

 

According to Section 9 (5) of the Act: “The disclosure of funds made pursuant to the provision of this Act shall be confidential and shall not be divulged except when such information is the subject of a complaint lodged by the Registrar or investigation initiated by the Registrar of if it is the subject of proceedings in the court of law”.

 

The media is a victim of implementation of the law at the expense of the public generally because the candidates’ election expenses are not open to public scrutiny through media.

 

Although the Act promote right of all Presidential candidates to utilize the Government Broadcasting services and television during election campaigns, such right has not been provided to other candidates for the post of Members of Parliament and the Councillors as the law remains silent.

 

According to Section 28 (1) “The candidate for the Office of the President in election shall have the Right to utilize the Government broadcasting services and television during the election campaign, in accordance with the provisions of the National Elections Act”.

 

MISA-Tanzania project tracked Parliament session for January 2010 to February 2010 aimed at making a critical overview of the laws enacted by Parliament of the United Republic of Tanzania in its session.

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Reagan Malumo

Programme Specialist: Media Freedom Monitoring and Research

Media Institute of Southern Africa (MISA) Regional Secretariat

21 Johann Albrecht St

Private Bag 13386

Windhoek

Namibia

Phone: +264 61 232 975

Fax: +264 61 248 016

Mobile: +264 81 311 2626

Official Email: reagan@misa.org

Private Email: reagan32002@yahoo.com

 

- April 20, 2010 by MISA

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Source: www.misa.org (received via email alert 20.04.10)