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Mchakato wa Katiba Mpya haitutendei haki Watanganyika!

Discussion in 'Jukwaa la Siasa' started by Gagurito, Apr 16, 2012.

  1. Gagurito

    Gagurito JF-Expert Member

    Apr 16, 2012
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    Kwa kutokuruhusu maswala ya muungano yasizungumziwe naathubutu kusema Mchakato wa katiba mpya haututendei haki tanganyika kwa kuzingatia kuwa mpaka sasa wenzetu wa upande wa pili (Zanzibar) wana katiba yao na kila kitu kama taifa! tuamke ndugu zangu, ufumbuzi w matatizo yetu ni utatuzi wa utata huu mwanzo wake ni Katiba!
  2. Fredrick Sanga

    Fredrick Sanga JF-Expert Member

    Apr 16, 2012
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    Bagenda has this opinion:
    "…a union did not unite the people of Tanzania but merely government and its leaders
    ………… this occurred as there was no forum to get people opinions ……."8

    Srivastava puts it:
    "…..in bringing about the union there was only a meeting of mind at top level."

    Miskry ‘s(LLM) Dissertation on Union of Tanzania pg 14
    After the July 1963 election, the Legislature was expanded and 8 more seats were to be
    contested. The coalition of Z.N.P and Z.P.P.P got 18 seats while A.S.P got 13 seats. So
    Z.N.P and Z.P.P.P formed the internal self-government in July 1963.

    Zanzibar achieved its Independence on December 10, 1963 and that marked the end of
    British Rule in Zanzibar.

    In connection to that, Professor Haroub Othman is of the idea that:
    "...the union did not intend to swallow Zanzibar but intended to stop Zanzibar to have
    international relation

    Mr. Makame25 is of an opinion that:
    "...the recognized sovereignty of Zanzibar has disappeared since the day first of the
    union, we just have the so called Zanzibar …."

    The former Chief justice of Zanzibar had this to say on the Article of Union:
    "The Article of the union (as grund norms) should be above the constitution or any
    other law of the country because this is the basic document creating through a treaty, a
    United Republic. To the contrary, the Constitution (and other law) of the United
    Republic are not totally guided by the Article nor (do they) reflects its spirits"

    In respect to non-existence of the law passed by the Revolutionary Council, Hon.
    Abubakar had this to say:
    "I myself have been the Zanzibar Attorney General and Minster responsible for justice
    between 1984 and 1989. At that time I managed to peruse all the statute books of
    Zanzibar from 1964 and 1979 when the Revolutionary Council was acting as a
    legislative Assembly cum the Cabinet. No ratification law or any law to that effect is
    there. I was not myopic, but even if I was, the first Attorney General of Zanzibar after
    the Revolution had also testified the same that no law ratifying the Articles of union
    exists on the Statute Books of Zanzibar."1

    The then Zanzibar Attorney General Mr. Wolfgang Dourado publicly claimed that:
    "No law ratifying the Articles of the union of 1964 exists on the statute books of
    He further added:
    "………….. The Principal Legal adviser to the Zanzibar government was not
    consulted ……… Zanzibar therefore did not have legal or constitutional advice from
    its Principal Legal adviser."

    But Bagenda has different opinion on the ratification by Tanganyika Parliament. He says:
    "…it is true that Zanzibar never ratified the Articles, but even Tanganyika Parliament
    was just a TANU's rubber stamp……."

    Mr Aboud Jumbe Mwinyi, the former President of Zanzibar and Vice-President of
    Tanzania, who at the time of the union was the Minister of State of Zanzibar, came to
    know of the Union four days before the official signing of the Treaty. He said:
    "It was morning of April 22, 1964, when Julius K. Nyerere arrived in Zanzibar. This
    President of Tanganyika came with copy of the treaty proposals prepared in
    Tanganyika ……. I was not at the State House Zanzibar at the signing…I was in
    Pemba (that morning) on official duty, and when I came back, for the first time I was
    informed and had known about that Union. President Karume, what he told me was,
    and Zanzibar were united that morning and President Nyerere shall be the President
    of the Union Government and he , shall be the Vice-President and the Union shall be
    confirmed in Dar-es-Salaam on the April 26 , 1964."

    On this particular point, Abubakary Khamis Bakary (opposing) says that:
    "I do not agree with him in Toto. We cannot in law substantiate our arguments with
    hearsay or with what the Revolutionary Council Members had said during their
    deliberation. As Lord Denning had said (l. Denning – in the Discipline of law pg 10)
    that one cannot look at what the responsible Minister has said in the Parliament or
    what Hansard has reported. But we have to and must look at what legislation (Act) is
    talking about. There has to be a law enacted by the Parliament of Tanganyika
    separately and by the Revolutionary Council separately to ratify the Articles as
    required under Article viii of the Articles of the Union."22
    Ismael Jussa asserted that:
    "The ratification instrument purported to have been passed by the Zanzibar
    Revolutionary Council was only the certified by the then Acting Solicitor General of
    Tanganyika P.R.N Fit foot that the law for the ratification of the Article of the union
    was passed by the Revolutionary Council"

    Kama mnataka kusoma zaidi mambo haya basi http://www.zanzinet.org/files/legality_union.pdf

    My Take, tujitahidi sana kuwa wazi katika mambo haya ili katiba inayokuja irekebishe changamoto zote. Kama mnavyojua mficha usiri hazai.