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A compelling case for a new constitutional order!

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by Rutashubanyuma, Sep 25, 2010.

  1. Rutashubanyuma

    Rutashubanyuma JF-Expert Member

    Sep 25, 2010
    Joined: Sep 24, 2010
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    (By Rutashubanyuma Nestory- A public policy analyst based in Arusha.)

    Anti new constitution forces are fondly of detonating dynamite against rewriting a new constitutional order arguing the incumbent law has served us well; so far, making vociferous clamours for rewriting the law quite unnecessary if not resources plundering! Armed to teeth with this lethal arsenal, conservatives have been harping for a case of tinkering with the existing principal law as the best way to thrash out a way forward! Are they right? Regrettably, a reaction to that ought to be full Monty in negativity. The pertinent reason we urgently need a new dispensation is not wholly just to vitiate archaic articles or to introduce desirable ones as the detractors have cozened us to believe. But, we really need a new regime to commensurate with being an independent nation, inherently vested with powers to chart a new constitutional course desirous to our modern societal needs. If you carefully review the legislative history of our constitution you will be surprised to learn that our principal law aptly befits a colonial patrimony! Truly, our constitutional setup negates everything that had propelled us to agitate and secure our independence from the British. The reason we successfully groped and secured our independence was because we were able to convince Lancaster House backbenchers we were more than ready to govern ourselves and determine the tack of our futuristic emancipation. At that time, that argument was cogent and impossible to suppress. However, forty eight years later it is debatable whether we have lived to the Uhuru mantra. On economic frontier, we have capsized largely because we have stubbornly refused to define developmental paradigms based on our own cultural values. As a result of that, we have become stooges of the very colonizers we had differed and fiercely brawled to topple and supplant! By parodying western values and deluding ourselves those were now our own, we have been pedaling to merit a crown of being avowed imitators. Without a doubt, copycats never learn anything and we are a living example of that. But, it is at stumbling to chart out a new governance course which should be regarded us our worst debacle. There, the slime is wholly apportioned to the citizens of Tanzania. We can not smear our leaders alone because we deserve them; however, rapacious they have morphed out to be. Our constitution has about fifteen patches or so and most of the gaping holes the House had stitched there were to assuage executive qualms. It comes as no surprise; the chapter on executive is the most decorated and frequently visited by our lawmakers at expense of other niggling ticklers. Since the parliament is on the executive leash it blabs fairly lucidly why the House holds few qualms to appease the paymaster with prolix provisions in the executive chapter while papering over the most weighty principle in our constitution of building an egalitarian, self-reliant society! It may stun a few to discern that whenever an opportunity presents itself both the executive and the House wastes no chance at festooning themselves with spiked emoluments notwithstanding the constitutional imperative forewarn we are “work in progress” at laying the bedrock of a self-reliant and egalitarian society. Constitutional loopholes emanating from the vagueness of how the socialistic ridges will be clambered narrates why rampant executive quests have been accommodated, severing the spinal cord of this nation: equity. Unbridled income disparities are now the overt threat to our statehood survival surpassing religious and ethnic factionalisms at pulling this nation asunder. Protagonists of the existing legislative regime are quick to point out: the thirteenth constitutional amendment was interactive enough via a much vaunted “white paper”. “White paper” constitutional stitching process is ambivalent. The process is bragged as participatory but the truth debunks it as “cul-de-sac”. Executive intents are prioritized and revealed via strident campaigns leaving dissenters muffled! No wonder from a two digit issues on the white paper, the executive swabbed most of her cravings. So, our constitutional order remains defiantly a British colonial mutt laced with indigenous executive indulgences but ridicules inalienable rights of the people of Tanzania!