200. • Parliament should “review the Constitution of the United Republic of Tanzania of 1977 and give the courts necessary jurisdiction to adjudicate against NEC and to create a legal position which will allow candidates to challenge presidential results in Court.” [p.156.]; • “CSOs should provide…civic education not only during elections but at least three years before the election takes place.” [p.157]; • “The civil society should strategize and be in a position to link the issues of good governance and people’s participation and the running of the election processes to enable them engage in the process from the lowest level of Government, the local Government, to the general elections.” [p.157]; and, • “The media should demonstrate highest levels of professionalism and impartiality in their coverage of elections…” [p.158] With regard to the current debate on national electoral governance, the main concerns that emerged from the CRM stakeholders’ meetings and consultations revolve around the following issues: • Strengthening the independence of the National Electoral Commission, the Director of Elections, and the Registrar of Political Parties, so as to insulate them from partisan control and build confidence in them. Existing constitutional provisions for the appointment, tenure and removal of their members would need amendment; • The constitutional provisions, relating to the pre- and post-election adjudication of election-related disputes, especially those which oust the jurisdiction of the courts of law in such disputes; for example: (i) Article 41(7), which stipulates that “when a candidate is declared by the Electoral Commission to have been duly elected [as President] in accordance with this Article, then no court of law shall have any jurisdiction to inquire into the election of that candidate”; and (i) Article 74(12), which stipulates that “no court shall have power to inquire into anything done by the Electoral Commission in the discharge of its functions.”; • Modification of the current first-past-the-post electoral system by the proportional representation system or a hybrid one, consisting of elements of first-past-the-post and proportional representation systems; • Amendments to provision of Article 41(6), which stipulates that, “any presidential candidate shall be duly elected only if he has obtained majority vote” to provide for a second-round of balloting if no candidates secures 50+ per cent of the valid votes cast ; • Constitutional provision for independent candidates to contest elections; • Review of the provisions of Section 11A the 1992 Political Parties Act, as amended, on the conditions for political parties to forge alliances for electoral purpose; • Public funding of political parties; • Sources and role of money, including ceilings on campaign funds and spending during electioneering campaigns; • Abuse of the power of incumbency for unfair electoral advantage, through using Government resources and personnel during electioneering campaigns by the party in power; • The central countervailing role of civil society as the voice of diversity; and, • Ensuring the non-partisan role and use of the police and security services in the conduct of elections. Supremacy of the Constitution 201. The Independence Constitution of 1961 provided for parliamentary supremacy in Tanganyika. Subsequent constitutions and constitutional amendments, such as Articles 8(1), 64(5) and 98, progressively entrenched the supremacy of the constitution in the URT. This means that the organs of Government (the Executive, Judiciary and Legislative) derive their authority from the constitution, to which they are bound, under a system of separation of powers and checks and balances. However, in practice, especially under the one-party state, CCM supremacy tended to be the norm. 202. Reference was also made to the observations in the CSAR on the provisions of Articles 8(1), 64(5) and 98 of the 1977 URT Constitution on the supremacy of the constitution. In addition to these Articles, the Preamble to the 1977 Constitution reflects the spirit and ethos underscoring constitutional supremacy. It gives expression 59