Mchakato wa Katiba Mpya haitutendei haki Watanganyika!

[Gagurito]

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!

 

[Fredrick Sanga]

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
Zanzibar."
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,
Tanganyika
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
BY MUSSA, ALI. UBWA
LEGALITY OF ADDITIONAL MATTERS OUTSIDE
THE ARTICLES OF UNION

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