Magufuli is one of a kind. We never had a leader like him before and that is why I asked you not to generalize when discussing him. It looks like the only thing that stuck in your mind is the word generalization, no context whatsoever.
One of kind in what? Idi Amin was also one of kind.
Magufuli can be one of a kind in peeing his pants.That doesn't impress me.
Wrong.
You missed the part that absolves him of any civil or criminal acts before, during or after his presidency, it sits right above your highlights, and I quote:
"... it shall be prohibited to institute in court criminal or civil proceedings whatsoever against a person who was holding the office of President after he ceases to hold...."
Hahaha, why are you ending there? Can you continue all the way to the end where the subject period is specifically specified as "
for anything he did in his capacity as President while he held the office of President in accordance with this Constitution.
The subject period leaves the time before he was president, nor does it talk about the time after he leaves office!
This is the summary of the immunity.
Article 46
1.Staring new or continuing existing criminal proceedings (presumably acquired before the oath of the presidency was taken or unconstitutionally started after the oath of presidency was taken) for a sitting president is prohibited.
2.Civil or criminal proceedings against a sitting president, regardless of whether the subject period of the alleged offences is before the president assuming the presidency or during the presidency, is prohibited.The exception is a parliamentary process as described in more precise language in 46 (2).
1 and 2 are talking about sitting presidents, for the purpose of discussing Kikwete, they are not directly pertinent.
3 is what is relevant.
I will quote it again in its entirety here.
(3) Except where he ceases to hold the office of President pursuant to the provisions of Article 46A(10) it shall be prohibited to institute in court criminal or civil proceedings whatsoever against a person who was holding the office of
President after he ceases to hold such office
for anything he did in his capacity as President while he held the office of President in accordance with this Constitution.
By the way, 46 A (10) is merely the conclusion of a successful impeachment process
(10) In the event the National Assembly passes a resolution that the charges against the President have been proved and that he is unworthy of continuing to hold the office of President, the Speaker shall inform the President and the Chairman of the Electoral Commission about the resolution whereupon the President shall be obliged to resign before the expiry of three days from the day the National Assembly passed the resolution.
So 46 (3) says
(3)With the exception of a successful impeachment (when this prohibition may not be relevant) it is forbidden to bring criminal or civil proceedings in court by any means for an ex president
or anything he did in his capacity as President while he held the office of President in accordance with this Constitution.
This means that, for an ex president it is permitted to bring to court matters that occured before the president was president
The operative word in that quote is "whatsoever".
Whatsoever is operative, but not in the way you suggest.
Whatsoever is operative under the defined time frame of
or anything he did in his capacity as President while he held the office of President in accordance with this Constitution.
Don't confuse people with your fly-by-night lawyering.
I can't even get to the lawyering with you now. I am just teaching you how to read logically.
Oh yes there is. I just showed you.
No you did not. Your reading of the constitution is flawed. You lack reading comprehension.
We saw in Rwanda where the constitution was changed to accomodate changes in presidential terms. With CCM in the majority that would not be hard to accomplish if the president feels threterned by zealots in the opposition wishing to prosecute him. The current system is the most pragmatic one.
Now you are peeing on Nyerere's grave. For the sake of Magufuli. Do you know that?
I already showed you the section in part 3 that completely immunizes past presidents of anything.
No. Part 3 strictly specifies the relevant time period as
for anything he did in his capacity as President while he held the office of President in accordance with this Constitution.
Kikwete is constitutionally exempted from any criminal or civil proceedings pertaining to whatever he did during his presidency. Whatever he did before his presidency does not fall under this protection.
Show me the fallacious assumptions surrounding my options.
You first assume ex presidents are exempted from prosecution for things they did before becoming presidents.
This is a fallacy that is clearly and logically stated in 46 (3). I can write pseudocode or a truth table to demonstrate that.
You then fallaciously assume that Tanzania will erupt in a political volcano if an ex president is prosecuted. This is another bunkum.
Does the word "pragmatic" mean anything to you?
Pragmatic people do not support a decadent power drunk tyrant like Magufuli. You are the one who do not understand the meaning of pragmatism.
You would rather have chaos and clinging to power just so as you can drag past leaders to court. I beg to differ.
Your selective sense of courage is rather telling.
You have the courage to trust the country to a madman, Magufuli, but you lack the courage to think that the country can survive the trial of Jakaya Kikwete for plundering the very wealth of the country that Magufuli is supposed to be fighting for?
Do you even know what you stand for?
Now it looks like we are heading towards the deep end. I give up. This is above my pay grade.
You should have given up a long time ago. You could never understand where I am coming from.
Actually, that is where you are flat wrong.
How do you know you are not the one who is perpendicularly wrong?
There was a method to this (seemingly) madness. By catching ACACIA in a lie (amount of minerals in the sand and the number of containers shipped since 1998), which constitutes theft, a criminal offence, ACACIA was put in a defensive position (until they prove otherwise) and that allowed the government to raise all other issues (smelters, contracts, mining laws, etc.) and bring then to the table.
No. One could be justified if the position is Magufuli is as the Americans say "going for broke". Pulling a Chavez or an Evo Morales.
The way Magufuli handled this issue it is as if he is cutting all ties with investors, at least western ones.
I have an investment/ contract lawyer friend of mine who was asking me to find him US based clients who are interested to come to invest in TZ.
I told him, they all read Bloomberg and The Economist. Nobody is coming to Tanzania right now, at least until this cloud clears.
Magufuli has bought the worst press for attracting investors. People are asking if he is going to be the next Mugabe and go ahead to nationalize everything like some second Azimio la Arusha.
See
http://www.economist.com/news/busin...s?zid=304&ah=e5690753dc78ce91909083042ad12e30
Tanzanian Government Accuses Acacia of Mining Gold Illegally
http://www.economist.com/news/middl...s-good-governs-impulsively-government-gesture
If Magufuli had just announced all these changes prior to the makinikia saga he would have looked bad and unpredictabble to the international investers. This way he is justifyed since he was only caching thieves. Clever huh?
There is a range of issues you seem to be unfamiliar with. If Mkapa and Kikwete had not signed these contracts, there wouldn't be anything to have a protracted debate about.
How about starting there?
Magufuli has no strategy other than threatening that he is a sovereign. The London arbitration courts will rout him if it gets to that.
I don't say so. I know so. I am insulting Magufuli and you take that for a compliment.
I think Magufuli is doing a superb job.
If you have low standards and a distasteful sense of discernment, I would imagine warm piss could be superb too.
He has preempted the opposition's agender and now they are runing in circles like headless chickens.
The problem is, you do not know agenda from agender.
We have already established this. You are wrong.
You do not know how to read. That is the problem.
Let us do that assesment in 2025, shall we?
If you are not jailed already for singing praises for "Dear Leader" twice a day.
Good thing you help your folks back home but that doesn't mean you are freer or happier. Trust me, an average Tanzanian lives freer and happier than an average person in the States. I really don't know what metrics you are using to measure freedom and happiness.
The problem is you are comparing me to average people. How presumptuous of you.
He is the president of Tanzania now. I will give him the benefit of doubt until his term ends.
One of the biggest reason why Tanzania is poor. Too much respect for authority. Not enough respect for principles.
I don't know how old you are. Your foul language really betrays your level of intelligence. I have been biting my tongue all this time and I think you ought to wash your mouth with soap and water thoroughly.
I don't know how young you are, but you sound like a little sissy who even before a proper trouting begins is already complaining.
Trust me. I have been at my most respectful.
Why, you do not seem to have the intelligence to engage mu higher gears which will start to talk trash.
Which your weak intelligence and fake puritanic sensibilities will see as grave insults .
I look forward to engaging you again. I just hope next time civility will reign.
People who undertsand civility do not support a glaring tyrant like Magufuli.
Why, he practically sexually harassed Salma Kikwete for all the nation to see not too long ago.