Kudorora Kwa Utawala wa Kisheria Tanzania

Augustine Moshi

Augustine Moshi

JF-Expert Member
Apr 22, 2006
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Nimetishika sana niliposoma makala hii hapa chini. It looks like law enforcing agencies in Tanzania have become completely lawless. When did we allow ourselves to sink this low?

===============================================
Corruption eats 20 pct of govt budget`

2009-03-03 10:37:16
By Guardian Reporter


A new human rights report has highlighted shortfalls in the country`s accountability and governance system which have led to substantial losses in the national budget each year through corruption.

The 2008 Human Rights Report for Tanzania was released by the US Bureau of Democracy, Human Rights and Labour, and copied to The Guardian yesterday by the American Embassy in Dar es Salaam.

It says the losses are incurred through theft, fraud and fake purchasing transactions, adding: ``There was little accountability in most government entities…20 per cent of the government`s budget in each fiscal year was lost to corruption, including theft and fraud, and fake purchase transactions.``

It further notes that there were a number of continuing human rights problems, elaborating: ``Police and prison guards used excessive force against inmates and suspects, at times resulting in death, and police impunity was a problem.``

According to the report, prison conditions in the country were harsh and life threatening, there were widespread police corruption and violation of legal procedures, and the judiciary suffered from corruption and inefficiency in the lower courts.

Freedom of speech and press were partly limited, governmental corruption remained a problem, the authorities restricted the movement of refugees; societal violence against women persisted, and trafficking in persons and child labour were problems, it says.

``There were no politically motivated killings by the government or its agents during the year; however, on several occasions security forces used lethal force against citizens, including persons in custody,`` it points out, adding that senior police officials accused subordinate officers of unlawful killings.

Citing a specific example, the report says in January villagers at Isaka village in Kahama District reported that local policemen beat 16-year-old James Deus to death while he was in custody for allegedly being part of an armed robbery attack on a petrol station in Shinyanga Region.

``No information was available on how the authorities responded to the killing,`` notes the report, also documenting Legal and Human Rights Centre findings that there were 17 incidents of mob violence, 30 of ``witch`` killings, and 13 of torture in police custody from January to June.

It says there were unofficial reports of hundreds of persons with albinism killed across the country during the year but some 26 - mostly women and children - were confirmed killed.

Numerous others were mutilated in the misguided belief that their body parts could be used to create wealth and at year`s end there were approximately 270,000 such persons living in the country, according to the report.

Turning to torture and other cruel, inhuman or degrading treatment, it says the Tanzanian constitution and law prohibit the practice of torture and cruel punishment but there were reports of police officers abusing, threatening and otherwise mistreating civilians, suspected criminals, and prisoners during the year.

``Beatings were the method most commonly used,`` it says, citing an incident in April in which more than 150 villagers in the Ormelili, Embukoi, and Orkolili villages in Siha District of Kilimanjaro Region protested routine harassment by local police officers.

The report says prison conditions remained harsh and life-threatening, adding: ``Diseases were common and resulted in numerous deaths in prisons…guards sometimes beat and sexually abused prisoners during the year.``

It was vocal on arbitrary arrests and detention, saying: ``The constitution prohibits arbitrary arrest and detention; however, both were problems.``

It gives the example of an incident in May in which police raided the homes of seven citizens in Pemba who had sent a petition to the United Nations asking for recognition of the right of Pemba residents to self-determination.

On the role of the police and security apparatus, the report says the police force remained underfunded and largely inefficient, but adds that police use of excessive force, police corruption, and impunity were serious problems.

Contacted for comment on the report, which largely blamed the police force for a number of failures, Inspector General of Police Said Mwema declined to give an immediate response.

He said: ``I have not yet received and gone through the report….so I cannot comment further. Give me time to work on it.``

He asked The Guardian to forward to him a copy of the report so that he could flick through it and give informed comments.

On denial of fair public trial, the report is explicit that the constitution provides for an independent judiciary but the judiciary remained underfunded, corrupt, inefficient and subject to executive influence.

``Corruption was particularly pervasive among lower court officials and court clerks….Court clerks took bribes to decide whether or not to open cases and to hide or misdirect the files of those accused of crimes,`` it notes.

Quoting news reports, it says magistrates of lower courts occasionally accepted bribes to determine guilt or innocence, pass sentences, or decide appeals of cases coming from the primary courts to district courts.

The report says the constitution provides for freedom of speech but does not explicitly provide for freedom of the press.

In the area of societal abuses and discrimination, it says some Muslim groups claimed that the government discriminated against them in hiring, education and law enforcement practices and some Christian groups said that all sensitive government positions were filled by Muslims.

This was despite the fact that the government policy prohibits discrimination against any individual on the basis of religious beliefs or practices, it adds.

``But neutral observers said that there did not appear to be government bias toward any particular religious group,`` notes the report.

It hails the government for launching a crackdown on high-profile corruption suspects, saying: ``Beginning in October, the government arrested and filed charges against more than twenty individuals, including four officials of the Bank of Tanzania, for their involvement in a scheme to obtain funds fraudulently from the bank`s external payment arrears account.``

However, despite expressing appreciation for the efforts, it notes that the World Bank’s Worldwide Governance Indicators reflected that corruption remained a serious problem.

``The government continued to use specialised agencies to fight corruption, but their effectiveness was limited,” says the 33-page report.
  • SOURCE: Guardian
 
Last edited by a moderator:
Augustine Moshi said:
Nimetishika sana niliposoma makala hii hapa chini. It looks like law enforcing agencies in Tanzania have become completely lawless. When did we allow ourselves to sink this low?

===============================================
Corruption eats 20 pct of govt budget`

2009-03-03 10:37:16
By Guardian Reporter


A new human rights report has highlighted shortfalls in the country`s accountability and governance system which have led to substantial losses in the national budget each year through corruption.

The 2008 Human Rights Report for Tanzania was released by the US Bureau of Democracy, Human Rights and Labour, and copied to The Guardian yesterday by the American Embassy in Dar es Salaam.

It says the losses are incurred through theft, fraud and fake purchasing transactions, adding: ``There was little accountability in most government entities…20 per cent of the government`s budget in each fiscal year was lost to corruption, including theft and fraud, and fake purchase transactions.``

It further notes that there were a number of continuing human rights problems, elaborating: ``Police and prison guards used excessive force against inmates and suspects, at times resulting in death, and police impunity was a problem.``

According to the report, prison conditions in the country were harsh and life threatening, there were widespread police corruption and violation of legal procedures, and the judiciary suffered from corruption and inefficiency in the lower courts.

Freedom of speech and press were partly limited, governmental corruption remained a problem, the authorities restricted the movement of refugees; societal violence against women persisted, and trafficking in persons and child labour were problems, it says.

``There were no politically motivated killings by the government or its agents during the year; however, on several occasions security forces used lethal force against citizens, including persons in custody,`` it points out, adding that senior police officials accused subordinate officers of unlawful killings.

Citing a specific example, the report says in January villagers at Isaka village in Kahama District reported that local policemen beat 16-year-old James Deus to death while he was in custody for allegedly being part of an armed robbery attack on a petrol station in Shinyanga Region.

``No information was available on how the authorities responded to the killing,`` notes the report, also documenting Legal and Human Rights Centre findings that there were 17 incidents of mob violence, 30 of ``witch`` killings, and 13 of torture in police custody from January to June.

It says there were unofficial reports of hundreds of persons with albinism killed across the country during the year but some 26 - mostly women and children - were confirmed killed.

Numerous others were mutilated in the misguided belief that their body parts could be used to create wealth and at year`s end there were approximately 270,000 such persons living in the country, according to the report.

Turning to torture and other cruel, inhuman or degrading treatment, it says the Tanzanian constitution and law prohibit the practice of torture and cruel punishment but there were reports of police officers abusing, threatening and otherwise mistreating civilians, suspected criminals, and prisoners during the year.

``Beatings were the method most commonly used,`` it says, citing an incident in April in which more than 150 villagers in the Ormelili, Embukoi, and Orkolili villages in Siha District of Kilimanjaro Region protested routine harassment by local police officers.

The report says prison conditions remained harsh and life-threatening, adding: ``Diseases were common and resulted in numerous deaths in prisons…guards sometimes beat and sexually abused prisoners during the year.``

It was vocal on arbitrary arrests and detention, saying: ``The constitution prohibits arbitrary arrest and detention; however, both were problems.``

It gives the example of an incident in May in which police raided the homes of seven citizens in Pemba who had sent a petition to the United Nations asking for recognition of the right of Pemba residents to self-determination.

On the role of the police and security apparatus, the report says the police force remained underfunded and largely inefficient, but adds that police use of excessive force, police corruption, and impunity were serious problems.

Contacted for comment on the report, which largely blamed the police force for a number of failures, Inspector General of Police Said Mwema declined to give an immediate response.

He said: ``I have not yet received and gone through the report….so I cannot comment further. Give me time to work on it.``

He asked The Guardian to forward to him a copy of the report so that he could flick through it and give informed comments.

On denial of fair public trial, the report is explicit that the constitution provides for an independent judiciary but the judiciary remained underfunded, corrupt, inefficient and subject to executive influence.

``Corruption was particularly pervasive among lower court officials and court clerks….Court clerks took bribes to decide whether or not to open cases and to hide or misdirect the files of those accused of crimes,`` it notes.

Quoting news reports, it says magistrates of lower courts occasionally accepted bribes to determine guilt or innocence, pass sentences, or decide appeals of cases coming from the primary courts to district courts.

The report says the constitution provides for freedom of speech but does not explicitly provide for freedom of the press.

In the area of societal abuses and discrimination, it says some Muslim groups claimed that the government discriminated against them in hiring, education and law enforcement practices and some Christian groups said that all sensitive government positions were filled by Muslims.

This was despite the fact that the government policy prohibits discrimination against any individual on the basis of religious beliefs or practices, it adds.

``But neutral observers said that there did not appear to be government bias toward any particular religious group,`` notes the report.

It hails the government for launching a crackdown on high-profile corruption suspects, saying: ``Beginning in October, the government arrested and filed charges against more than twenty individuals, including four officials of the Bank of Tanzania, for their involvement in a scheme to obtain funds fraudulently from the bank`s external payment arrears account.``

However, despite expressing appreciation for the efforts, it notes that the World Bank’s Worldwide Governance Indicators reflected that corruption remained a serious problem.

``The government continued to use specialised agencies to fight corruption, but their effectiveness was limited,” says the 33-page report.
  • SOURCE: Guardian
Click to expand...

Absolute truth!
 
Unaposikia mpaka mkuu mwenyewe anasema sheria na kanuni zinaweza kuvunjwa basi kunakuwa na maswali mengi sana ya kujiuliza.

Hivi hapa hakuna mkono wa mtu? Au watu au chama fulani tayari kilishalipwa kamisheni kabla hata ya mitambo kununuliwa? Na iweje mabingwa wetu wa kutetea maslahi ya nchi leo ndio wawe wa kwanza kununua kitu ambacho taratibu zake za ununuzi wake na ubora wake unatia mashaka?

Niwaambie kitu. Rushwa Afrika haitakaa iishe hadi vyama tawala viache kuwa wala rushwa!



Naam, kweli kuanzia sasa sheria zitaheshimiwa tu pale ambapo watawala sio wezi na hawana la kupoteza!
 
Iga said:
Unaposikia mpaka mkuu mwenyewe anasema sheria na kanuni zinaweza kuvunjwa basi kunakuwa na maswali mengi sana ya kujiuliza.

Hivi hapa hakuna mkono wa mtu? Au watu au chama fulani tayari kilishalipwa kamisheni kabla hata ya mitambo kununuliwa? Na iweje mabingwa wetu wa kutetea maslahi ya nchi leo ndio wawe wa kwanza kununua kitu ambacho taratibu zake za ununuzi wake na ubora wake unatia mashaka?

Niwaambie kitu. Rushwa Afrika haitakaa iishe hadi vyama tawala viache kuwa wala rushwa!



Naam, kweli kuanzia sasa sheria zitaheshimiwa tu pale ambapo watawala sio wezi na hawana la kupoteza!
Click to expand...

Ndugu yangu tuwe optimistic, rushwa kuisha siyo rahisi kwani hata ulaya na marekani ipo. tunaweza kuipunguza kwa watu kuhamasika na kufuata sheria na taratibu. Unapokuta kuwa wale wanaopaswa kupambana na rushwa ndo wala rushwa wakubwa, basi tatizo linakuwa kubwa zaidi. Nimeshangaa kusikia mtuhumiwa mmoja wa EPA anadai kuombwa rushwa na Afisa wa TAKUKURU, tutafika? Sitaki kuamini hilo lakini mengi yamesemwa hata kuhusu Bosi mwenyewe wa TAKUKURU. Rushwa itaisha pale ambapo watu wataamua kufanya biashara na shughuli zao kihalali na kuridhika na kipato halali!
 
Watu mbona hamchoki kuboronga. Hivi utawala wa Tanzania ulikuwa lini mzuri ???
 
Kinachonitisha zaidi mimi ni hii "piga, galagaza, ua" ya mapolisi na wanamagereza.

Polisi wa Tanzania wamefika mahali ambapo hawajali kabisa haki za watuhumiwa. Na watuhumiwa wengine hawana hatia!

Vile vile, ni taifa la aina gani ambalo linaua idadi kubwa ya watu kila mwaka kwa sababu za kishirikina? Na hatuwezi kulaumu Elimu ndogo tu. Wanaokwenda kwa waganga na kuambiwa walete viungo vya Albino ni pamoja na wasomi wana siasa wetu.
 
bila kumumunya maneno mkuu wa nchi yaani jakaya mrisho kikwete ndiye chimbuko la kuvunja na kupuuza sheria katika nchi yetu, aliwahi kutamka huko singida akifungua barabara kuwa wanapojadili tender si lazima wampe lowet, kinyume cha sheria ya manunuzi inayosema lowest evaluated bidder ndiye atakuwa mshindi, juzi hapa kapuuza sheria ya manunuzi, huenda huyu nifisadi namba moja kwa kuwa hakuna sheria inayomkosesha usingizi hasa hii ya PPRA ANAJUA WAZI NDIYO ILIMWONDOA RAFIKI YAKE FISADI LOWASA.

MTU HUYU KIKWETE SIKU ZA KARIBUNI ANAELEKEA KWENYE UDIKTETA KWA KUTOA AMRI MBALIMBALI KAMA VILE MAGARI YALIYOKO JANGWANI YAHAME, AMRI HIZI ATOAZO BILA UTAFITI NI KAMA ZILE ALIZOKUWA ANATOA IDD AMIN ZA KUCHAPISHA NOTO ILI KUJENGA BARABARA
 
Mwikimbi:

Be real. Unataka kusema katika kipindi cha miaka mitatu cha JK watu wamejifunza uchawi, kuua albino, polisi kuwa wapigani raia ???

Matatizo ya watanzania ni kutoa lawama tu kwa vitendo vilivyoota mizizi katika jamii yetu.
 
Sltani CCM na wafuasi wake hawawezi kubadilika wala hali ya maisha ya Mtanzania haiwezi kubadilika au kupiga hatua kama Katiba iliyokuwepo haijatengenezwa , unajua nimefanya utafiti karibu Tanzania nzima na matokeo niliyoyapata kuwa wananchi wengi wa Tanzania ni wakarimu kabisa tena ni watu wenye imani ya kupendana iwe mgeni au mwenyeji utaheshimika popote pale utakapokuweko ,na wala wenyeji hawatajishughulisha na hali uliyokuwa nayo. Lakini kutokana na Utawala wa Sultani CCM ya kupuuza kila jambo na kudharau kila jambo watu wamepoteza imani na wamebadilika kwa haraka sana ,hivi sasa watu unaweza kusema wanaishi katika jela ,maana haiwezekani nchi useme ina usalama halafu unajenga nyumba na madirisha na milango yamejaa nondo unakuwa kama behind bar au nasema uongo jamani ,utaiona nyumba nzuri imependeza kabisa lakini show yote imepotea kutokana na dizaini ya nondo ambazo moja kwa moja zinakwambia kuwa hakuna amani wala usalama ni ubabe tu.

Mtawala au Sultani CCM na wafuasi wake ambao wanalindwa na sheria au tunaweza kusema wapo juu ya sheria ambazo zinawaruhusu kulindana na kuonyana na kupeana muda wa kurekibishana wamekuwa ndio tatizo la kutoweka kwa amani ,inabidi siku hizi hutaki hata kuonekana au mtu akianza kula inabidi afunge milango na madirisha asionekane anachokula,amani tuliokuwa tunajifu kuwa ipo Tanzania kwa kweli sasa haipo tena na inazidi kutoweka ,maana unalikuta duka nalo limejazwa nondo ukipita nje pengine usiweze kutambua kama pana duka ,kuna kidirsha tu kidogo utadhani cha security unachungulia na kuagiza huna uhuru wa kuchagua au kukumbuka ulivyotumwa utakapo angaza dukani.

Haya yote na imani yote itarudi katika hali ya kawaida ikiwa tu Katiba ya Nchi itafanyiwa marekebisho na kuwekwa au kuweka usawa katika matumizi ya sheria na sheria iwe msumeno kwa yeyote yule bila ya kuchagua.

Mbiu ya mgambo lazima ipigwe kuidai katiba mpya ili kufungua ukarasa mpya wa maendeleo.
 
Mkwimbi is right. Ni Mkuu wa Nchi ndiye amesababisha watendaji kutojali sheria. Nakumbuka ni yeye aliyesema (wakati akitangaza vita dhidi ya majambazi) kwamba kuanzia sasa itakuwa ni "piga, galagaza, ua!". He used precisely those words. Sasa hiyo si kuwapa mapolisi ruhusa ya kuwaua watuhumiwa?

Huko Arusha, mwito wa "piga, galagaza, ua!" umeitikiwa kikamilifu na mapolisi. Wameua washukiwa watatu katika kipindi cha wezi moja uliomalizika. Na inaelekea ni watu wasio hata na hatia! Mauaji ya mwisho yameripotiwa kama ilivyo hapa chini:
=================================
Eyewitnesses to two police killings in Arusha now transferred

2009-03-10 11:18:52
By Rose Mwalongo
Pump attendants of a petrol station in Arusha municipality who were on duty on the day the police allegedly shot dead Shadrack Motika and Edward Mtui have been transferred to an unknown location, it has been learnt.

The findings are part of an inquiry by Legal and Human Rights Centre (LHRC) monitors in Arusha.

The attendants are Rukia Mohamed and two others identified only by one name of Jabir and Baby, while another is said to have been fired after he refused to heed his employer\'s directive.

It has also been revealed that the police officers who took the bodies of the slain men to Mount Meru Regional Hospital refused to disclose their names to hospital authorities for reasons yet to be known.

``Our clients today went to Mount Meru Hospital mortuary with a view to being furnished with the particulars of the persons who delivered the bodies to the mortuary.

The mortuary attendants told them that those who delivered the bodies were policemen who preferred not to disclose their names, reads part of the report dated March 4 sent to Principal State Attorney in Arusha.

On March 1, this year, Shadrack Motika (22) and Edward Mtui are said to have gone to Mt. Meru petrol station in the municipality to refuel their Escudo car when they met the ordeal.

The two had reportedly just refuelled at the station when a misunderstanding erupted between them and pump attendant Rukia Mohamed over some change, which finally led to Rukia calling police on patrol.

On arrival the police were reportedly told by Rukia that the two motorists had robbed her, upon which the cops shot them dead on the spot.

The seven page report further reveals that Shadrack Motika had requested a ride home from Joseph Mtui.

According to eyewitnesses, the police shot Shadrack after he had inquired why they (police) had shot Edward.

An LHRC monitor managed to talk to three eyewitnesses who, for safety reasons, did not want to give their second names.

One eyewitness, Mansuri, said he was drinking at a nearby bar called Big Sister at around 11 pm when he heard gunshots.

``I came out only to find Shadrack Motika come out of the car while pleading, `I am not a thief`. I also saw Edward Mtui with his head lying on the driver`s seat and he was already dead,`` said Mansuri.

He said the police searched the car but could not find any weapons but the only thing they came out with was a half bottle of Konyagi.

Another witness identified as Omary said he was watching TV at his shop nearby when he heard gunshots.

``I saw three policemen holding a pistol. I also saw a driver inside the Escudo car with his head lying on the seat and he was already dead. Shadrack Motika, who had been shot before, came out with his hands up saying he was not a bandit. He told the police to call his father Motika but the police did not heed his pleas but instead shot him on the chest and he fell down dead,`` said Omary.

According to Omary, the police officers are alleged to have called their colleagues through radio call.

He said the police who shot the two bought a notebook and a pen before they left the area.

Omary said the police searched the car and found half a bottle of Konyagi and kat, saying, ``The car did not have weapons inside.``

Arusha Regional Commissioner Isidori Shirima formed a team last week to probe into the matter.

This is the second incident implicating the police in extra judicial slaying of civilians in Arusha within a month.

On February 5, this year, police officers are alleged to have stormed into a house belonging to Juma Lissu where they brutally beat him and dragged him to a police station.

The following day his wife went to visit him, only to be told that he was dead.
· SOURCE: Guardian
 
Mwl. Augustine, umeleta hoja kubwa sana na ya msingi.

Sheria ni lazima au hiyari?
Wazo la utawala wa sheria bado hatujalielewa vizuri; ukiangalia jinsi tunavyoiangalia sheria utaona kuwa tunaiangalia kama vile ni "optional". Kwamba aidha tuifuate au la. Hivyo mtu anafika barabarani na alama ya barabara inasema "Stop". Swali ni je asimame hata kama hakuna magari yanakuja?

Jibu la mtu wa kawaida ni kuwa "kama barabara ni tupu na hakuna magari mengine kwanini asimame? aende tu". Hapa tutajiuliza je mtu huyo atakuwa amevunja sheria kwa kutosimama mahali ambapo anatakiwa kusimama? Baadhi ya watu watasema "ndiyo" lakini sitoshangaa watakaokuwa wanasema na kubisha hadi kutoa kashfa kuwa kama hakukuwa na magari na hakuna mtu mwingine barabarani kwanini asimame?

Hili ukilipeleka mbele kwenye mambo mengine utaona ni hivyo hivyo; angalia suala la Dowans. Kama kuna upungufu wa umeme na nchi inaingia gizani, je tufuate sheria ya manunuzi ya serikali au tufanye haraka na kununua halafu tutafuata sheria baadaye? Utaona kuna watu (ikulu wakiongoza) ambao wanaona kuwa sheria ni "kikwazo".


Hivyo, tatizo la kwanza ni hilo la ulazima wa sheria au kile ambacho kinajulikama kama ubabe wa sheria (tyranny of the law). Kwamba, bila kujali chochote kile sheria lazima ifuatwe! Waziri Mkuu aliposema wauaji wa albino wauawe papo hapo na kuwa hakuna haja ya kupelekwa mahakamani, kiukweli alitakiwa ajiuzulu!

Siyo kwa Watanzania! mara "nia yake ilikuwa nzuri", "angalia alivyolia" bla bla bla na baadaye mtu huyo huyo anasimamia zoezi la kutaja majina ya watu wanaoshukiwa kuwa wanajishughulisha na mauaji ya albino! Matokeo yake ni kuwa kuna watu watatajwa na kuonekana wana kura nyingi, serikali haina ushahidi isipokuwa "kura" za watu, mwisho watawapeleka mahakamani na kusema hawa wametajwa sana au watawaletea mizengwe ya aina fulani.. jamii itafurahia!

Hivyo nikianza kuchangia hili naomba nianzie hapo; Je sheria ni lazima kufuatwa hata ikiwa ni usumbufu, kero, inauma au inaharibu maslahi yetu au ya watu wa karibu yetu? Jibu la swali hili litaanza kutupa mwanga kwanini asilimia 20 (hizi data za muda mrefu nadhani kuanzia mwaka 2005!) ya bajeti yetu inaishia kwenye ufisadi. ...

Nitaendelea...
 
Ndugu Augustine,

Naomba nitumie maneno ya Justice Learned Hand kama ifuatavyo katika kuchanganua utawala wa sheria:

"I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, and no court to save it"

Utawala wa sheria unaendana na kuakisi pia tamaduni ya nchi fulani kwa hiyo basi dhana ya utawala wa sheria kama haimo kwenye mioyo yetu tutaendelea kuisikia na kuihubiri masikioni mwetu lakini kwenye mioyo yetu hautakuwemo kwa sababu ya tamaduni tuliyojijengea. Utawala wa sheria unaanzia katika moyo wako kwanza kisha ndo unaenda mbali ya hapo.

Mungu Ibariki Tanzania katika safari hii ndefu ya kuelekea kwenye utawala wa sheria.
 
Sheria ni lazima ama ni hiari?

Labda tuanze mwanzo, je jamii zetu zinahitaji sheria? Inawezekana swali likaonekana ni rahisi, lakini ili tujibu swali la je sheria ni lazima au hiari, lazima tuelewe mwanzo wa sheria ni nini. Mwanangu, mwanasiti, sheria ilitungwa kutoa "arnachy", watu watengeneze nguvu za kutawala, lakini, kunawale wanaotaka kuamini kwamba sheria zipo kulinda maslahi ya wanadamu- tuishi kwa amani na upendo. Yote, yawezekana, lakini sheria inanyuso mbili. Kuna ile iliyoandikwa kwenye makaratasi na haki yake yapatikana kama unauwezo wa kutengeneza tafsiri yake ilinde hoja yako – wanaita nguvu ya hoja. kumbuka Mwanasiti, Sheria ni mwanzo wa utatuzi, lakini sio mwanzo wa haki – angali kesi za ufisadi longo longo kibao, wakati wezi wa kuku wako rumande.

Pili, sheria, imejengwa kulinda nguvu ya dola, ukienda kumsalimu mjomba Karl Marx maktaba atakwambia kwamba nguvu ya dola ndio inayotawala na sio sheria, kwani utawala huu wa sheria uko chini ya polisi na majeshi, tayari kupambana na yeyote atayepindisha sheria . Lakini mtizamo wa mjomba wako Mwanasiti, umepigwa na wengi – kwani tunaamini sheria zinahekima katika kulinda na kutunza haki za wanadamu. Mimi, siamini katika hilo, kwani nimekulia Tanzania, na nimeona sheria nyingi zikivujwa bila hata soni na hamna kinachofanyika – kwahiyo tafadhali mpe taarifa MWANAKIJIJI, sheria kwa tanzania sio LAZIMA ni HIARI.

Mwanasiti, kabla hujarudi nyumbani, pita kwa binamu yako SHADOW, mwambie kwamba mawazo yake juu ya kwamba sheria ina mahusiano ya karibu na tamaduni, nakubaliana nayo. Viongozi wetu hawana heshima na sheria, kama wengi wananchi wasivyofuata sheria. Usivuke barabara wakati taa ni nyekundu watu wanavuka, kwanini? Usibe wanaiba! Kwanini! Usijibu maswali hayo, lakini jiulize, je kunasheria ambazo watu wanazifuata? Ndio> kwa mfano, usinyooshea kidole makaburi! Usifagie usiku ama kuita jina! Na mambo mengi madogo madogo. Kwanini watu wanaimani na vitu hivyo?

Hoja yangu ni kwamba tamaduni zetu zinajua nguvu za mizimu na zinawoga na vitu vilivyokaribu navyo – wazazi, mababu, na wazee – sio wanasheria- wanajeshi wanawaogopa, sio kuwaheshimu. Sasa, kama tungeweza kuweka imani kwenye taratibu zetu. Kwa mfano, Ukichezea taratibu zetu UNACHEZA na mizimu, watu wengeopa sana. Tamaduni zetu, haziogopi watu, tunaogopa tusichokiona, tusichokijua – viongozi wakiambiwa ukiiba utakuwa MWEHU unadhani nani ataiba? Waambie ukila rushwa UTAOKOTA MAKOPO wataogopa. Unajua kwanini wataogopa, kwasababu wanajua nguvu za mizimwi maana ndio utamaduni wetu na asili yetu – "still thinking" not quite clear how it work though!

Mwanakiji, hawa watu ni kuwafanyia tambiko, na huu sio uchawi. Unajua inawezekana kabisa viongozi wetu hawaongozwi na rationality of law as we understand it, and if we have to deal problem of law and order, we need to establish laws which works. Bado wapo katika enzi za kale, na sisi tunangangana na rule of law of modernity. Kazi kweli, kweli!

Just a morning thought. Lets keep talking…

I have to go to work now….
 
Sheria isipokuwa kitu cha lazima basi jamii itaangamia. Rais anaapa kwamba atalinda na kutekeleza Katiba (Sheria Mama) ya Nchi. Rais asipohakikisha kuna utawala wa kisheria basi anavunja kiapo chake cha kazi.

Hali ya Tanzania sasa inatilia shaka kama JK anajali kiapo chake!


 
Mimi kwa maoni yangu corruption inakula zaidi ya 20% ya bajeti ya serikali si ajabu inakaribia hata 40%
 
Ladies and gentlemen,

Let us face problems squarely! We all seem to agree that our motherland is in a terrible mess of corruption, and that this same corruption is endemic and systemic everywhere in the corridors of power.

So, why do so many of you burry your head in the sand and refuse to face the fact that it is the CCM government that is the problem? It created, developed, protected, and continues to protect the deeply entrenched power structure that is rapidly killing us!

Its is necessary to bite the bullet. The very first genuine step that must be taken in order to begin to address the rot that is Tanzania is to vote the CCM people out of power. There is no solution that includes re-electing CCM.

Why do so many of you think that only CCM can rule Tanzania? The only thing that CCM can do for Tanzania now is to ruin it!

Those of you who truly care for Tanzania and would like the rule of law to emerge once again from that nation must resist this mediocre idea that only CCM can rule us!
 
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