Tanzania’s Constitutional Expert Calls for Overhaul After MV Bukoba Tragedy
May 23, 2024By Adonis Byemelwa
Renowned academic and constitutional expert, Professor Rwekaza Mukandala, delivered a thought-provoking lecture at his Professorial Inaugural Ceremony held at Nkrumah Hall, University of Dar es Salaam, on May 21, 2024.
Titled "Lessons from the Induced Birth, Tortured Life, and Painful Death of MV Bukoba," the lecture provided a deep reflection on the tragic MV Bukoba incident of 1996. Mukandala's discourse shed light on the critical need for constitutional reform in Tanzania to bolster governance institutions.
The MV Bukoba tragedy, which unfolded on May 21, 1996, near the Mwanza Gulf on Lake Victoria, remains etched in the collective memory of Tanzanians.
The ship, captained by Jumanne Mwiru, was en route from Bukoba to Mwanza when it began to sway ominously before ultimately sinking, claiming the lives of over 800 individuals.
Mukandala's lecture delved into the events leading up to this catastrophic event, offering a meticulous analysis of the procurement processes surrounding the ill-fated vessel.
Central to Mukandala's discourse was the revelation that proper procurement procedures were not adhered to during the acquisition of the MV Bukoba.
Despite opposition from Tanzanian experts and government officials, the then-president forged ahead and ordered the signing of a contentious contract with a contractor appointed by the Belgian government, which had provided a loan for the vessel's purchase.
This decision, as Mukandala emphasized, marked a pivotal moment in the tragedy's narrative, sealing the fate of the MV Bukoba.
The professor elucidated that research findings indicated significant technical faults in the vessel, rendering it unsuitable for operation.
Yet, the contract was signed against the advice of experts, underscoring the profound implications of presidential authority in decision-making processes.
Quoting Professor Ibrahim Juma, Mukandala emphasized the extensive powers vested in the presidency by the constitution, likening it to a "large tree" whose influence pervades every facet of Tanzania's public sector.
"The President’s decision to proceed with the contract to purchase MV Bukoba despite its flaws and opposition from experts was important," underscored Mukandala.
Mukandala's lecture highlighted the pervasive influence of the presidency in decision-making processes, highlighting the president's authority to appoint, promote, and dismiss individuals within the public service.
This concentration of power, as elucidated by the professor, has significant ramifications for governance dynamics in Tanzania.
Transitioning to the legal aftermath of the MV Bukoba tragedy, Mukandala referenced the trial of Captain Jumanne Mwiru and his co-defendants.
Despite testimonies depicting chaotic rescue efforts and harrowing accounts from witnesses, the court ultimately acquitted all defendants due to a lack of evidence to prove negligence or culpability in the tragedy.
The testimonies of witnesses painted a vivid picture of confusion and tragedy as the ship sank, with passengers and crew scrambling for safety. However, the court's ruling underscored the complexities and challenges in attributing responsibility for such catastrophic events.
In cases involving ill-fated ships like the MV Bukoba tragedy, the importance of the rule of law cannot be overstated.
The rule of law serves as the foundation upon which accountability, justice, and good governance are built. It ensures that all individuals, including government officials and those in positions of authority, are held accountable for their actions and decisions.
Professor Mukandala's call for comprehensive constitutional reforms resonates deeply in the context of such tragedies.
By advocating for strengthened governance institutions and enhanced accountability mechanisms, Mukandala underscores the need to uphold the rule of law in all aspects of public administration.
In the aftermath of disasters like the sinking of the MV Bukoba, it becomes evident that adherence to legal frameworks and procedural safeguards is paramount in preventing similar incidents and ensuring swift and just responses when they occur.
Mukandala's emphasis on collective action highlights the collaborative effort required to enact meaningful change.
Addressing systemic deficiencies and promoting transparency and accountability within governance institutions necessitates the active participation of government agencies, civil society organizations, and the public at large. Through collective action, stakeholders can work together to implement reforms that strengthen the rule of law and safeguard against future tragedies
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