369.
Moreover, given the proximity between the State and the ruling party, the stakes in the public sector reforms
were not fully apparent to most societal interest groups, including the trade unions. Even had there been a clear
perception of these interests, institutional mechanisms for translating their interests into political demands were
weak or non-existent. The CRM takes the view that the political and bureaucratic elites evidently played a central
role in pushing reform design and implementation because of their unique position in the policy-making process
and the structure of political institutions in Tanzania, including the State itself. The reform process, therefore,
could not be said to have had adequate input from other societal interest groups and might well be perceived
as not participatory.
370.
In spite of the remarkable implementation achievements registered under the first phase of reforms, a majority
of stakeholders consulted during the CRM stakeholder meetings confirmed the Tanzanian public has seen no
noticeable benefits in the form of improvements to public service delivery from changes over the short- to
medium-term. This absence of tangible significant service delivery improvements under the first phase of
reforms was also acknowledged by Government during consultations with senior public servants. In this regard,
it is clear that improvements in efficiency of systems and institutions during the first phase of implementation
did not translate into any direct impact on citizens’ welfare and livelihoods.
371.
The CRM observes that the apparent absence of benefits for the public led to the design of a more comprehensive
and wider public sector reform programme. The aim was a total transformation of the public service into
an efficient, effective, and outcome-based institution with the following features: a strong focus on service
delivery improvements; shifting primary implementation responsibility to ministries, departments, and agencies;
emphasis on institutional pluralism in public service delivery; improving performance management under severe
budgetary constraints; ensuring linkages with other public sector reforms; and, improving the staff incentive
framework. These features were the highlights of the Public Service Reform Program (PSRP) which commenced
in 2000 and was rolled out through 2010.
372.
The main plank of the Public Service Reform Program 2000-2010 was a reduction of ministerial structures,
executive agencies established and public-private participation in service delivery. The reform programme took a
long-term perspective, going beyond structural progress and process changes in public service organisation and
operations towards a more fundamental transformation of the public service mentality and culture in Tanzania.
373.
This programme had three components: instituting performance management systems (2003-2005);
enhancing performance accountability (2005-2008); and instituting a quality improvement cycle (2008-2010).
To be more effective, these public service reforms were linked with broader on-going, or incipient sectorspecific reforms, including the Legal Sector Reform Programme; the Local Government Reform Programme;
the Public Financial Management Reform Programme and sector reforms in agriculture, education, health,
water and sanitation, and roads.
374.
The legal sector reforms were aimed at addressing the problem of the administration of justice by building
the judicial capacity of the lower courts to deliver service more effectively. Traditionally deprived of resources,
coupled with low salaries, a lack of infrastructure for assuming its responsibilities and a demoralised workforce,
the institutions responsible for upholding the rule of law in Tanzania greatly needed reform. Over the years, the
police, the lower courts, and the prisons had developed a reputation for corruption and delays in administering
justice. In addition, the corruption-ridden lower courts had a reputation of denying bail even to people accused of
petty crimes, postponing cases unnecessarily, and causing congestion in prisons. Thus, the overriding goal of the
LSRP was, ‘Timely Justice for All’; built around speedy dispensation of justice; affordability and access to justice
for all social groups; integrity and professionalism of the legal officers; independence of the judiciary; and, a legal
framework of the highest national and international standards.
375.
To realise this reform vision, the LSRP had five main key results areas: (i) strengthening and harmonising
national legal frameworks (ii) enhancing justice for the poor and disadvantaged social groups (iii) improving the
observance of human rights and administrative justice (iv) enhancing knowledge and skills of legal professionals;
and, (v) improving service delivery capacity in key legal sector institutions. The Mkukuta Annual Reports (2007/08
and 2009/10) both provide data on the extent of progress in implementation, performance and achievements
under the LSRP over the last few years.56
56
For example, the 2007/08 Mukukuta report notes that a National Prosecution Service was established; 57 new state attorneys recruited to the service;
laws that impede justice to disadvantaged groups and persons with disabilities such as customary laws, death penalty, corporal punishment and long
term sentences reviewed. Highlights for 2009/10 include streamlining prosecution and investigation by separating the two processes; improved access to
justice for persons in remand and homes and prisons; support for a legal aid network in partnership with civil society organizations; increased enrolment
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