194. The emerging trend from both sets of elections since 1995 revals that elections are progressively getting more competitive, albeit slightly, especially with the 2010 elections. 195. Much therefore, has been achieved, but there is room for improvement and consolidation to enhance the competitiveness of party and electoral politics in the country. This much was evident from the public debate that led to the enactment of the 2011 Constitutional Review Act, and in comments from a representative crosssection of diverse stakeholders meeting with the CRM. For many stakeholders during the CRM public meetings and consultations, the forthcoming constitutional review process, under the 2011 Constitutional Review Act, is seen as a historic opportunity to ensure ownership by Tanzanians of the review process and its outcomes. Ownership, they argue, is necessary to anchor and consolidate constitutionalism, democratic governance, multi-party politics, and the management and promotion of diversity in the country on firmer and more durable foundations. By thus creating a level playing-ground for competitive elections, there should be a non-partisan electoral administration and management, and appropriately-designed electoral governance rules. 196. Achieving this objective, the CRM was told, again and again, requires an open, transparent, and inclusive review process. It would require the encouragement and tolerance of a robust civil society, and more importantly participation by the people, through public debate and the convocation of a fully elected Constituent Assembly. 197. Thus, the current public debate has raised fundamental questions about whether, (i) the 1977 URT Constitution is to be reviewed or a new constitution written and adopted; (ii) the provisions of the Constitutional Review Act, 2011 are broad enough to allow unfettered public debate; and (iii) the Constituent Assembly should be fully elected, without any restrictions and without the inclusion of the Members of Parliament elected under the Constitution under review. 198. This point about opening up the review process to public debate should be emphasised because it would, perhaps, be the second time in Tanzania’s constitutional and political history that the general public would be involved in the constitutional review processes. The first time was the one-year long public debate on constitutional amendment proposals to the 1977 URT Constitution. The debate led to the demand for, and the subsequent inclusion of a Bill of Rights, which was not in the proposals, under the 5th Amendment to the Constitution. 199. The following excerpts from the findings of the Legal and Human Rights Centre and Tanzania Civil Society Consortium for Election Observation on the 2010 General Elections offer an interesting commentary on the challenges of electoral administration and management in Tanzania: • Since the NEC “lacks institutional representation from the regional level down to the constituencies… it relies on other Government employees as part-time staff playing the role of returning and assistant returning officers…it is tempting for them to bend election procedures in favour of the ruling [party’s] candidates.” [p. 150]; • “There was an ‘undefined’ involvement of security institutions in election activities, which created an impression that they had something to do with election results, but which was not being made public.” [p.151]; • “Another inherent weakness is the electoral and legal system…which prohibits challenging the presidential candidates’ results before the court of law…This…leaves behind a loophole for the National Electoral Commission and its agents to tamper with presidential election results unquestionably.” [p.151]; • “The Registrar [of Political Parties] should consider giving a fair subsidy to political parties regardless of how many legislators they have, so as to enable smaller parties to grow and be in a position to compete to enhance democracy in the country.” [p.154]; • “Political parties should provide civic and voter education to their members and the public at large…” [p.154]; • “Law enforcement officers should take more proactive measures in curbing corruption, riots, and other unlawful acts without biasness in favour of some political parties.” [p.155]; • “There is an urgent need for Government to effect the reform of the electoral system in Tanzania so as to put in place, among other things, an independent electoral commission with public confidence to supervise elections in Tanzania.” [pp. 155-156]; 58