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Ministry, AG fired over Union

Discussion in 'KATIBA Mpya' started by nngu007, May 23, 2011.

  1. nngu007

    nngu007 JF-Expert Member

    May 23, 2011
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    By In2EastAfrica - Sun May 22, 2:50 pm

    Minister for Justice and Constitutional Affairs, Celina Kombani

    The Ministry of Constitution and Legal Affairs was subjected to strong criticism this week allegedly for stating publicly that the government’s decision to have a new national Constitution originated from the 2010 amendments in the Zanzibar Constitution.

    There was spirited debate and exchange of words in Dar es Salaam on the last day of the annual general meeting of the Association of Local Authorities (ALAT), bringing together key executives and policy makers from 134 district, town, municipal and city councils countrywide.
    Simanjiro MP Christopher ole Sendeka (CCM) told the Minister Celina Kombani to retract a statement or declare that she had overlooked legal facts on the matter. Ole-Sendeka had said what Kombani stated was totally unacceptable since it contravened the existing Tanzania constitution.

    Ole Sendeka, who was contributing to a topic presented by the minister and Deputy Attorney General, George Masaju, on the Constitutional Review Bill 2011 said the ministry had erred in declaring that it was acting to conform to Zanzibar’s Constitution amendments.

    According to Kombani, government political will demonstrated by President Jakaya Kikwete’s 2011 New Year speech on December 31, 2010 as well as increased public demand after general elections in 1995 and 2010 also prompted the cry for a new Constitution. “Maybe the minister overlooked the facts …she can admit that here, instead of misleading us and we are not ready to be part of this,” said ole Sendeka.

    He added: “It is unacceptable for the minister to tell us we are going to have a new national Constitution because of the amendments in Zanzibar, which declared Zanzibar a separate Country… if this is the case, it is cessation and treason,” he added.

    If the decisions reached by Zanzibar government and its people are acceptable there should be no hindrance to the re -establishment of Tanganyika government, explained the outspoken MP. The government of Tanganyika ceased to exist in April 1964 following the establishment of the Union between Tanganyika and Zanzibar.

    Ole Sendeka told a hushed ALAT gathering that Zanzibar’s decision on the matter is the highest disregard for the late Father of the Nation Mwalimu Nyerere who in consultation with Zanzibar’s first President Abeid Aman Karume formed the Union.

    In response, Masaju said he saw nothing wrong in the Zanzibar Constitution as it relates to Zanzibar and Union governments since it expressly states the boundaries of Zanzibar and recognises the Union government as well. Masaju urged people to have a good understanding of law and go through the Zanzibar Constitution and Articles of the Union before making arguments.
    However, ole Sendeka reminding him and citing an example, said before the amendments in the Zanzibar Constitution, the apex for cases in the courts of law was the Court of Appeal, a Union organ.

    But after that no cases from Zanzibar could be taken to Appeal’s court as the decisions in the Isles were final and conclusive. There was no response to the argument.

    Saying he had no problem with the presence of Zanzibar President, ole Sendeka argued that referring him as ‘Head of State’ was contrary to the Union Constitution and the law which brought about its existence.

    In the ensuing spirited arguments and exchange of words Minister of State in President’s Office, Civil Society Relations and Coordination, Stephen Wassira, intervened to cool down strong feelings. “Let us go back to history and see why a ‘two government” arrangement for the Union was preferred to ‘one government’ or ‘three governments,” said Wassira.

    One government would not be appropriate as it would be viewed as ‘dissolving small Zanzibar’ which could be easily turned into a region or district of the Union.

    On the other hand, three governments were considered impractical as the Union President would be without a country, and would be easily toppled by the two presidents of Zanzibar and Mainland as he controlled nothing, said Wassira.

    Since 1964 the Union of Tanganyika and Zanzibar has been facing a number of challenges from both Mainland and Isles.

    Soon after being elected President in 2005, Jakaya Kikwete made strong statements, saying he would ensure Union hitches would be solved to reduce political tensions between the two parts of the country.

    One of the touchy issues regarding the future of the Union is Zanzibar’s demand for oil and natural gas to be removed from list of the Union matters.
    By Florian Kaijage, The Guardian
  2. mashikolomageni

    mashikolomageni JF-Expert Member

    May 23, 2011
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    The reality is the Tanzanian costitution is the mother law how would it happen to change the mother law becouse a by law has changed. Mama Kombani was wrong
  3. N

    Nanu JF-Expert Member

    May 24, 2011
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    I support Ole Sendeka. he has a point!
  4. Trustme

    Trustme JF-Expert Member

    May 24, 2011
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    When you put two provocative in one ministry (i.e the minister and AG), nothing good shall come from them.
  5. Tangawizi

    Tangawizi JF-Expert Member

    May 24, 2011
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    Hata sijui makocha huwa wanapanga vipi timu zao ila mmmhhhhh!No comment
  6. N

    Ndinani JF-Expert Member

    May 24, 2011
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    This Kombani woman is supposed to be in jail for being an accomplice in stealing funds from Bagamoyo district council; this is the area where Kikwete hails from hence his supposed knowledge of the theft. Instead of prosecuting her he appoints her to be in-charge of the justice docket; could it be far fetched to assume that he himself might have benefited from the loot?