Mama Amon
JF-Expert Member
- Mar 30, 2018
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POLITICAL INTELLIGENCE MEMORANDUM
FROM; Mama Amon Desk
TO; Samia Suluhu Hassan, The President of Tanzania
RE: Five reasons explaining why the Republic of Tanzania has been sold to the Dubai Monarchy
WORD COUNT: 1300 Words
DATE: 22 July 2023
Dear President Samia ,
The President of Tanzania:
1. There are five essential attributes of a contract, namely: (a) the consent of two competent parties to the same thing, (b) which imposes upon each an obligation of commutative justice, (c) so that the obligation of one party is the cause of a right in the other, and vice versa, (d) where, penalties as consequences of the violations of inherent rights are stated, and (e) the enforcement of the said penalties is assigned to some authority, being a third party that is guided by the fact that, there is a mutuality of obligations which is signified by such terms as "shall" and "must."
Based on this definition we wish to argue that, the Tanzania-Dubai Treaty is a contract which entails the consent of Tanzanian government and the consent of Dubai government to “the same thing,” namely, “undermining Tanzania’s state sovereign autonomy” by unreasonably reducing the radius of the state’s legislative, executive, judicative, territorial and constitution-making autonomy, as we hereunder explain briefly, within a maximum of 1300 words.
2. The Tanzania-Dubai Treaty squeezes our “legislative sovereign autonomy” by requiring the Parliament to enact "enabling legislations" that will bind the State by using norms of international law, through the Parliamentary duty to enact domestic "stabilization" laws that transpose international law into domestic law.
This transposition introduces new laws which necessarily supersede domestic laws, in a way that imposes duties on the state government to act in a manner that will unjustly deprive citizens of their land, natural resources, wealth and other properties. (Treaty, articles 26 and 30). Parliamentary sovereignty is also called parliamentary supremacy or legislative supremacy.
3 The Tanzania-Dubai Treaty squashes our “executive sovereign autonomy” by facilitating the formation of “IGA Consultative Committee” which will allow Dubai investors to directly interfere with the exclusive rights and duties of the Tanzanian government, that pertain to its ultimate administrative authority and competence over all people, land, natural resources, wealth and all other things within its territory (Treaty, article 2(a)-(c)).
On this view, it follows that the executive branch of the United Republic of Tanzania has been partially privatized to the Dubai Monarchy, which will run the affairs' of our democratic state based on the monarchial principles of governance as opposed to democratic principles.
4. The Tanzania-Dubai Treaty diminishes our “territorial sovereign autonomy” by paradoxically and covertly granting to Dubai “eternal use ownership rights” and “eternal fruits ownership rights” over our 88 ports and neighboring land segments, and hence, covertly granting to Dubai “eternal substantive ownership rights” over the said properties. (Treaty, articles 4, 8, 20, and 23).
But, under section 3 of the The Natural Wealth Act No. 5/2017, Tanzanians have a right to permanent sovereignty over natural beach lands over which the Tanzania-Dubai Treaty allows the construction, development, management and operation of sea and lake port projects, even if these ports are artificial facilities.
In this regard, article 4 talks about "the scope" of the Treaty, and article 8 addresses "land rights," article 20 when read together with article 23, state that, if the Arbitration Tribunal receives a “declared dispute,” determines it, and concludes that, in light of "UNCITRAL Arbitration Rules,” the “declared dispute” is fatally divisive, but “prior consent of the state parties” has been “unreasonably withheld” by either party to the contract, then, “the state parties shall not be entitled to … terminate this Agreement,” meaning that, this treaty is presumed to be eternal from the beginning.
5. The Tanzania-Dubai Treaty denigrates “judicative sovereign autonomy” by elevating the President above the judiciary, whereby, the termination of the Tanzania-Dubai Treaty is possible if and only if “prior consultation” with Dubai and “prior consent of state parties,” through the President of Tanzania and the Supreme Leader of Dubai Emirate is available. (Treaty, articles 7(3) and 23(3)).
“Judicial supremacy” requires that the Courts of law should be the authoritative interpreters of the Constitution and the related laws, and that we should deem their decisions as binding on the other state pillars, until and unless constitutional and legislative amendments or subsequent court decisions overrules them.
But the present articles are implicit "Treaty precedence clauses" which create “Treaty precedence" over future national legal provisions.
They pre-empt the future country’s laws such that they cannot include human rights provisions tough enough to conflict with this or future similar treaties.
This strategy requires that, the law must accommodate itself to the Treaties, rather than vice versa. It is neo-colonialism strategy at a law making level, the present case being the second phase of "Arab settler colonialism" in Africa.
6. And, the Tanzania-Dubai Treaty erodes our “constitution-making sovereign autonomy” by elevating the President above the constituency assembly, whereby, a constitutional clause that would terminate the Tanzania-Dubai Treaty is possible if and only if “prior consultation” with Dubai and/or “prior consent of state parties,” through the President of Tanzania and the Supreme Leader of Dubai Emirate is available. (Treaty, articles 7(3) and 23(3)).
Again, these articles are implicit "Treaty precedence clauses" which create “Treaty precedence" over future constitutional clauses.
They pre-empt the future country’s constitution so that it cannot include human rights provisions tough enough to conflict with this or future similar treaties.
This strategy requires that, the constitution must accommodate itself to the Treaties, rather than vice versa.
It is neo-colonialism strategy at a constitution making level, the present case being the second phase of "Arab settler colonialism" in Africa.
7. Each and every act of reducing the radius of the state’s legislative sovereignty, executive sovereignty, judicative sovereignty, territorial sovereignty and constitution-making sovereignty, is an attack against the state, namely a treasonous act, which transforms the perpetrator into a traitor.
In the present case, you, our President and the Parliamentary Speaker, have collectively cooperated in dividing and then handing over a portion of the Tanzanian sovereignty to the Dubai Monarchy at a price which is still confidential.
Why does it take you too long to realize that you are traitors and take remedial steps in your bid of damage control?
8. Thus, given the above stated five reasons, we politely call upon you, Madam President, to honor your oath of Presidential office, by doing the following with immediate effect:
(a) Make a declaration to assist the nation get rid of the bogus Tanzania-Dubai Treaty either by causing its de-ratification by the parliament, or abandoning it until when it automatically dies, or causing its amendments to rectify the above stated fundamental flaws. Otherwise, the public will have good reasons to use whatever means are available at their disposal to reclaim their nation-state from the hands of Dubai Monarchy.
(b) Holding accountable all those who, either inadvertently or intentionally, brought about the bogus Tanzania-Dubai Treaty.
(c) And assuring the nation that you will take proactive steps to expedite the constitution making process so as to facilitate the coming to be of a new constitution which will protect the nation against similar flaws in the future.
(d) To reshuffle your key advisers and subordinates so as to constitute a more competent team from now onwards. The Presidential subordinates and secret service staff who worked on the draft Tanzania-Dubai Treaty have betrayed the nation, either inadvertently or otherwise, this way paving way for the possible CCM downfall come 2025 elections.
(e) To cause an amendment in The Public Private Partnership Act No 18/2010 by adding the following changes;
- Stating that, no public private partnership which undermines state sovereign autonomy by unreasonably reducing the radius of the state’s legislative, executive, judicative, territorial and constitution-making autonomy shall be allowed“;
- Defining ownership in a way that distinguishes between use ownership, fruits ownership and substantive ownership;
- Overtly defining the term public private partnership as partial privatization as opposed to full privatization; and
- Defining the term "property" in such a way that we can see the difference between natural property and artificial property when it comes to structures such as ports which combine the two concepts.
Mama Amon Desk,
“Sumbawanga Town”,
Sumbawanga,
Tanzania.
22 July 2023.
