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Between written law and living custom: The dance of Polepole’s paradox

Dar es salaam, Tanzania

In January 2025, the Chama Cha Mapinduzi (CCM) National Congress endorsed President Samia Suluhu Hassan as its sole presidential nominee without the usual procedural filters of the Central Committee or National Electoral Commission. Critics like Ambassador Humphrey Polepole swiftly challenged the legitimacy of the nomination, arguing it strayed from CCM’s procedural norms. Yet, for those grounded in the ideological traditions of CCM, this was not a deviation from order but a vivid demonstration of “desturi” , the lived constitutionalism of the party.


The National Congress: The People's Authority

According to Article 20(1) of the CCM Constitution (CCM Constitution, 2021), the National Congress is the party’s “supreme decision making organ.” The January 2025 nomination was not ad hoc it was a decision by the highest constitutional authority within CCM, representing a nationwide consensus of elected party delegates. Thus, what may appear informal was, in truth, the formal expression of CCM’s highest will.


Desturi as Doctrine, Not Decoration

Former CCM Chief Ideology and Publicity Secretary Humphrey Polepole has long championed “desturi”unwritten traditions as vital to CCM’s stability. Ironically, in the same July 18, 2025 public address where he questioned the legitimacy of Samia’s nomination, he affirmed the importance of tradition:

CCM msingi wake sio katiba tu, ni desturi ndiyo ina define uimara, umadhubuti wa chama chetu na ushindi, desturi na nyingine hazijaandikwa.”

(“CCM’s foundation is not just the constitution; it is customs that define our strength, stability, and victories some of these customs aren’t even written down.”)(Polepole, 2025, 14:00–14:25)

Here lies the paradox: Polepole challenged a process he once exalted, revealing how political convenience can sometimes override ideological consistency.


Unopposed Nominations: A Historical CCM Practice

The National Congress’s decision to back Samia unopposed was not unprecedented it mirrored a longstanding CCM customs “desturi” of sitting presidents:

Ali Hassan Mwinyi (1990) was re-nominated without internal challenge during the final single-party election era (Msekwa, 1995).

Benjamin Mkapa (2000) also went unopposed for his second term (Msekwa, 2000).

Jakaya Kikwete (2010) received full support from the party hierarchy (CCM Reports, 2010).

John Magufuli (2020) was unanimously endorsed, with internal dissent, including from Bernard Membe, being swiftly neutralized while Polepole served as the party’s Chief Ideologue (Al Jazeera, 2020; Wikipedia, 2025).


Global Socialist Doctrines: Living Legitimacy Over Legal Formalism

Globally, democratic socialist thinkers have warned against excessive reliance on written law without political culture:

Karl Marx taught that constitutions reflect not manufacture social legitimacy (Marx, 1852).

Antonio Gramsci emphasized cultural hegemony and traditions as stabilizers of political order (Gramsci, 1971).

Rosa Luxemburg stressed that vibrant political memory and democratic engagement not mechanical rules ensure legitimacy (Luxemburg, 1904).

Julius Nyerere, CCM’s philosophical father, echoed this doctrine in Tanzanian context:

You can write a beautiful constitution, but if there is no trust and responsibility, democracy will not live in that document.” (Nyerere, as cited in Shivji, 2009)


Conclusion: The Logic of Legitimacy

Samia Suluhu’s nomination was not a legal bypass, it was the culmination of party tradition, rooted in “desturi” and sanctioned by the highest constitutional organ. In opposing it, Polepole not only contradicted himself, but disregarded the very ideological logic he vigorously promotes 

In CCM, customs,”desturi” is not opposed to the constitution. It is what makes the constitution breathe.


References 

Al Jazeera. (2020, February 28). *Tanzania’s ruling party expels ex-minister who wanted to challenge Magufuli*. [https://www.aljazeera.com/news/2020/2/28/tanzania-ruling-party-expels-challenger](https://www.aljazeera.com/news/2020/2/28/tanzania-ruling-party-expels-challenger)

CCM Constitution. (2021). Katiba ya Chama Cha Mapinduzi (Toleo la 2021). Dodoma: CCM National Headquarters.

CCM Reports. (2010). Taarifa ya Halmashauri Kuu ya Taifa juu ya uteuzi wa mgombea urais 2010. Dodoma: CCM.

Gramsci, A. (1971). Selections from the Prison Notebooks (Q. Hoare & G. Nowell Smith, Eds.). New York: International Publishers.

Luxemburg, R. (1904). Organizational Questions of the Russian Social Democracy. Neue Zeit.

Marx, K. (1852). The Eighteenth Brumaire of Louis Bonaparte. New York: International.

Msekwa, P. (1995). Reflections on the Multi-Party Politics in Tanzania. Dar es Salaam: TEMA Publishers.

Msekwa, P. (2000). The Transition to Multiparty Democracy in Tanzania: The Challenges and Opportunities. Dar es Salaam: Friedrich Ebert Stiftung.

Polepole, H. (2025, July 18). Public interview statement on CCM nomination processes. \[YouTube video]. Retrieved from [https://youtu.be/uDdmOHMElqk?si=0pJc3njIN9wovo-G](https://youtu.be/uDdmOHMElqk?si=0pJc3njIN9wovo-G)

 Shivji, I. G. (2009). Where is Uhuru? Reflections on the Struggle for Democracy in Africa. Nairobi: Fahamu Books.

Wikipedia. (2025). John Magufuli. Retrieved July 20, 2025, from [https://en.wikipedia.org/wiki/John\_Magufuli](https://en.wikipedia.org/wiki/John_Magufuli)