Buchanan
JF-Expert Member
- May 19, 2009
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Saini iko wapi saini ya Karume?Hilo ndio suali langu...sitaki porojo.Soma maelezo haya acha ubishi mwingi.
Mbona juzi kulikuwa na makubaliano kati ya Karume na Seif kulikuwa na sahihi yoyote? Anyway, fuatilia maelezo haya hapa chini:
1. The first General Notice to appear in the Zanzibar Gazette mentioning the Union is No. 479 published on 27/06/1964 in respect of the issue of postage stamps commemorating the Union.
2. The fact that there is no Zanzibar law ratifying the Union, there is sufficient contemporaneous evidence that in fact the Articles were ratified and the relevant law enacted by the Revolutionary Council. There is first the General Notice No. 243 of 1st May 1964 appearing in the Tanganyika Gazette, under the then Solicitor-General dated 27 April, 1964 to the effect that a law ratifying the Articles was made bye the Revolutionary Council in conjuction with the Cabinet of Ministers on 25th April, 1964. The said law is then reproduced.
3. It is recorded in the Tanganyika Hansard of 1964 that the Speaker welcomed President Nyerere and President Karume at 5:08 pm on 27th April, 1964 when the ceremony of exchanging the Instruments of Ratification took place in the Karimjee Buildings, the Seat of the National Assembly. There is an extant photograph showing the two Presidents exchanging the Instruments! On the same day, the Hansard records that five leading members of the then Revolutionary Council - Karume, Hanga, Babu, Moyo and Wakil - were sworn in as members of the National Assembly!
4. At no point then or since, the validity of the Articles of Union per se has been challenged, whatever the differences in interpretation might have been.
5. Therefore the leadership in Zanzibar, as well as the organs of the Government, may be said to have ratified the Articles by acquiescence.
6. As a matter of fact, even Mr. Wolfgang Dourado in his paper, has not challenged the validity of the Articles as such.
7. For all these reasons, it is submitted that, in law, the Articles can be presumed to have been ratified and a corresponding statute called the Union of Tanganyika and Zanzibar Law was made by the Revolutionary Council in accordance with the terms of the Articles.
SOURCE: ISSA G. SHIVJI, "The Legal Foundations of the Union in Tanzania's Union and Zanzibar Constitutions," Dar es Salaam University Press, 1990, page 4, 5.