Is Prime Minister Majaliwa a member of parliament elected from constituency?

Matojo Cosatta

JF-Expert Member
Jul 28, 2017
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IS PRIME MINISTER MAJALIWA A MEMBER OF PARLIAMENT ELECTED FROM CONSTITUENCY?

The Prime Minister Designate (Waziri Mkuu Mteule) of United Republic of Tanzania, Right Honourable, Majaliwa Kassim Majaliwa was the only and one person who was nominated to vie the post of Member of Parliament for Ruangwa Constituency, he was one of unopposed candidate in the 2020 parliamentary election.

Once only one candidate is nominated for parliamentary election in a constituency indispensably no election is to be conducted in lieu thereof such unopposed candidate is deemed to be elected as Member of Parliament of the respective constituency by operation of law, so is Right Honourable, Majaliwa Kassim Majaliwa, the only person nominated in respect of Ruangwa Constituency.

This state of affairs has resulted into contentious legal conundrum as to whether he qualifies to be appointed to hold office of Prime Minister or not given the fact that Prime Minister must be a person "elected from constituency" as mandatorily required by provisions of Article 51 (2) of the Constitution of United Republic of Tanzania, 1977.

Some lawyers and politicians argue that Right Honourable, Majaliwa Kassim Majaliwa does not qualify to be appointed to hold office of Prime Minister simply because he was not elected by wananchi cum voters.

Appropriate provisions of law to resolve this constitutional and legal quagmire are provisions of Section 44 of the National Election Act, Cap. 343 read in tandem with Rule 2 of the Unopposed Parliamentary Candidates for the General Election of 2020 Notice, 2020 (G.N. No. 917 of 2020) and Item 5 of the Schedule appended thereto. The the short title of G.N. No. 917 of 2020 in Swahili Version is known as Tangazo la Kuchaguliwa kwa Wagombea Pekee wa Ubunge katika Uchaguzi Mkuu wa Mwaka 2020.

Section 44 of the National Election Act, Cap. 343 provides as quoted ad verbatim hereunder in extenso;

"44 Where only one candidate is nominated for an election in a constituency, such candidate shall be deemed to be elected and the Commission shall, by notice in the Gazette, declare that candidate to have been elected".

This means that unopposed candidate for Parliamentary Election is deemed to be elected on the day he is nominated to contest the post of Member of Parliament of respective Constituency and the declaration of his election must be made by the National Electoral Commission by publishing the Notice of election of unopposed candidate in the Government Gazette.

In an endeavour to comply with the provisions of Section 44 of the Act, the National Electoral Commission published notice in the Government Gazette No.42, Vol.101 dated 16th October, 2020 thereby declared that Majaliwa Kassim Majaliwa was duly elected to be Member of Parliament for Ruangwa Constituency alongside other 28 opposed candidates for Parliamentary Elections.

So, appointment of Majaliwa Kassim Majaliwa as Prime Minister is in line with Article 51 (2) of the Constitution of United Republic of Tanzania, 1977.

By Matojo M. Cosatta.
 
Kupita bila kupigwa ni kuchaguliwa wa asilimia 100 kuwa wananchi wa eneo husika wanamtaka huyo tu.

Hapana mkuu anakua sio 100% kwa muktadha was kisheria zinahesabiwa kura za mgombea urais katika jimbo lake ndo zinakua kura za mbunge aliyepita bila kupingwa(kama mbunge Hugo anatoka chama kimoja na mgimbea urais) kwa muktadha huu Kura za Majaliwa,Ndugai,Nape,Kunambi nk....ni kura alizopata Magufuli katika majimbo yao mtawalia

Kama Mgombea urais si was chama hicho basis inachukuliwa 50.1% ya saloon is finish a kupiga kura ndo idadi ya kura za mbunge huyo
 
Majaliwa ni mbunge wa kuteuliwa na tume na wala si kuchaguliwa na wananchi. Kwa kifupi hawajibiki kwa wananchi kwa kuwa hana mandate ya wananchi wa jimbo hilo.
 
Tangu mfumo wa vyama vingi uanze kwa mara ya kwanza tumeingia aibu ya kuongozwa na PM na spika wa bunge ambao hawajapigiwa hata kura hata kura moja na wananchi kutoka majimboni.

Zama hizi ignorance ni choice, sio matokeo ya ukosefu wa vyanzo vya elimu!

Unazijua vyema sheria zinazohusika? Unajua kwamba spika hata sio lazima awe mbunge?
 
Hapana mkuu anakua sio 100% kwa muktadha was kisheria zinahesabiwa kura za mgombea urais katika jimbo lake ndo zinakua kura za mbunge aliyepita bila kupingwa(kama mbunge Hugo anatoka chama kimoja na mgimbea urais) kwa muktadha huu Kura za Majaliwa,Ndugai,Nape,Kunambi nk....ni kura alizopata Magufuli katika majimbo yao mtawalia

Kama Mgombea urais si was chama hicho basis inachukuliwa 50.1% ya saloon is finish a kupiga kura ndo idadi ya kura za mbunge huyo
Ili kuleta Competition katika majimbo katiba ingesema mawaziri pamoja na waziri mkuu na Spika wawe ni wabunge ambao wamepatikana kwa kupigiwa kura majimboni ili kwa wale wanaotaka hizo posti basi wasiwe wanafanya figisu kushinda
 
IS PRIME MINISTER MAJALIWA A MEMBER OF PARLIAMENT ELECTED FROM CONSTITUENCY?

The Prime Minister Designate (Waziri Mkuu Mteule) of United Republic of Tanzania, Right Honourable, Majaliwa Kassim Majaliwa was the only and one person who was nominated to vie the post of Member of Parliament for Ruangwa Constituency, he was one of unopposed candidate in the 2020 parliamentary election.

Once only one candidate is nominated for parliamentary election in a constituency indispensably no election is to be conducted in lieu thereof such unopposed candidate is deemed to be elected as Member of Parliament of the respective constituency by operation of law, so is Right Honourable, Majaliwa Kassim Majaliwa, the only person nominated in respect of Ruangwa Constituency.

This state of affairs has resulted into contentious legal conundrum as to whether he qualifies to be appointed to hold office of Prime Minister or not given the fact that Prime Minister must be a person "elected from constituency" as mandatorily required by provisions of Article 51 (2) of the Constitution of United Republic of Tanzania, 1977.

Some lawyers and politicians argue that Right Honourable, Majaliwa Kassim Majaliwa does not qualify to be appointed to hold office of Prime Minister simply because he was not elected by wananchi cum voters.

Appropriate provisions of law to resolve this constitutional and legal quagmire are provisions of Section 44 of the National Election Act, Cap. 343 read in tandem with Rule 2 of the Unopposed Parliamentary Candidates for the General Election of 2020 Notice, 2020 (G.N. No. 917 of 2020) and Item 5 of the Schedule appended thereto. The the short title of G.N. No. 917 of 2020 in Swahili Version is known as Tangazo la Kuchaguliwa kwa Wagombea Pekee wa Ubunge katika Uchaguzi Mkuu wa Mwaka 2020.

Section 44 of the National Election Act, Cap. 343 provides as quoted ad verbatim hereunder in extenso;

"44 Where only one candidate is nominated for an election in a constituency, such candidate shall be deemed to be elected and the Commission shall, by notice in the Gazette, declare that candidate to have been elected".

This means that unopposed candidate for Parliamentary Election is deemed to be elected on the day he is nominated to contest the post of Member of Parliament of respective Constituency and the declaration of his election must be made by the National Electoral Commission by publishing the Notice of election of unopposed candidate in the Government Gazette.

In an endeavour to comply with the provisions of Section 44 of the Act, the National Electoral Commission published notice in the Government Gazette No.42, Vol.101 dated 16th October, 2020 thereby declared that Majaliwa Kassim Majaliwa was duly elected to be Member of Parliament for Ruangwa Constituency alongside other 28 opposed candidates for Parliamentary Elections.

So, appointment of Majaliwa Kassim Majaliwa as Prime Minister is in line with Article 51 (2) of the Constitution of United Republic of Tanzania, 1977.

By Matojo M. Cosatta.
Illegality rules this government no wonder almost everything done by the government is in some way illegal. We badly miss our Tanzania.
 
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