Nape refutes Mnyika; TBC takes debate off air

Habarindiyohiyo

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Habarindiyohiyo

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The NEC Member CCM, Nape Nnauye refuted the claim made by CHADEMA's John Mnyika that there is a contract between politicians and the voters during elections. The claim was made during "This Week in Perspective TV Show that was aired by TBC.

Earlier in the program Nape had maintained that in politics, achievements of politicians can not be measured since there are no contracts made. He further called for review of the existing systems to ensure that contracts are made between the politicians and the people.

When given chance by the host of the Program Mr. Adam Simbeye to comment on the matter, Mr. Mnyika maintained that there are already contracts between the politicians and the voters. He maintained that according to the law of cotract, they can be written or unwritten; therefore the elections manifestos are written contracts while the electrol promises are verbal commitments that politicians are supposed to fulfil.

He alleged that what is lacking in our country is power of recall to hold accountable policians who have failed to impliment the contracts, and further alleged that even the elections have not been effective tool to remove from power leaders who have failed to fulfil the elections promises.

The matter raised a serious debate between the two and left the other two guests in the program Aidan Eyakuze and Charles Mgendi puzzled.

While Mnyika was being smashed by points poured the program was prematurely taken off air

.....ndiyohiyo
 

Pascal Mayalla

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Pascal Mayalla

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Hivi kuna umuhimu wa kipindi hiko
kuendeshwa kwa kingereza?????

Wanam target nani hasa???????
Hii si ndio lugha ya 'the learned' ili wafadhili wasikie, alipokuja Prof. De Sotto pale Karimjee, serikali nzima ilikusanyika pale, watu 200. Mzungu mmoja tuu, kila kitu kiliendeshwa kwa kiingereza kwa ajili ya mzungu huyo mmoja.

Hivi unajua kuwa miswada yote ya sheria inatayarishwa kwa kiingereza sambamba na mikataba yote huku wabunge wengine kiingereza ndio hicho.
 

The Boss

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The Boss

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hii si ndio lugha ya 'the learned' ili wafadhili wasikie, alipokuja prof. De sotto pale karimjee, serikali nzima ilikusanyika pale, watu 200. Mzungu mmoja tuu, kila kitu kiliendeshwa kwa kiingereza kwa ajili ya mzungu huyo mmoja.

Hivi unajua kuwa miswada yote ya sheria inatayarishwa kwa kiingereza sambamba na mikataba yote huku wabunge wengine kiingereza ndio hicho.

halafu hawajioni jinsi
walivyo brainwashed
yaani huwa nashangaa sana
na wengine wanatia huruma
wanavyo hangaika na hicho
kiingereza.
 

PakaJimmy

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PakaJimmy

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Hivi kuna umuhimu wa kipindi hiko
kuendeshwa kwa kingereza?????

Wanam target nani hasa???????
Very true.

Kipindi kile kimsingi ni kizuri sana, shida inakuja hapo kwenye kiswanglish kinachotumika, bila hata sababu ya msingi,huku mada zote zinazojadiliwa zikiwa ni za kuhusu watanzania wote!

Matokeo yake, kuna points muhimu sana zinakosekana kutokana na baadhi ya watu kutoalikwa kwa na sababu ya kutokuwa fluent na kiingereza!

Badilisheni kipindi chenu kiwe cha kiswahili bana!
 

Wacha1

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Wacha1

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What's the meaning of "refute"?
Kutoka kwenye kamusi

re·fut·ed, re·fut·ing, re·futes

1. To prove to be false or erroneous; overthrow by argument or proof:

refute testimony.


2. To deny the accuracy or truth of: refuted the results of the poll.


or


1. prove something wrong

to prove something to be false or somebody to be in error, either through logical argument or by providing evidence to the contrary

2. deny something

to deny an allegation or contradict a statement without disproving it
 

jmushi1

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jmushi1

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What's the meaning of "refute"?
Nape said this....

Habarindiyohiyo said:
Nape had maintained that in politics, achievements of politicians can not be measured since there are no contracts made. He further called for review of the existing systems to ensure that contracts are made between the politicians and the people
.

Where as Myika said this....

Mr. Mnyika maintained that there are already contracts between the politicians and the voters. He maintained that according to the law of cotract, they can be written or unwritten; therefore the elections manifestos are written contracts while the electrol promises are verbal commitments that politicians are supposed to fulfil.

He alleged that what is lacking in our country is power of recall to hold accountable policians who have failed to impliment the contracts, and further alleged that even the elections have not been effective tool to remove from power leaders who have failed to fulfil the elections promises
Myika sometimes ametumia neno "Commitments" badala ya contract,sijui kama alijitayarisha vizuri kuzijibu hoja,hata hivyo anachoelezea Myika sikisapoti kwasababu thats what has failed us and still is failling us as a Nation,NO DOUBT ABOUT IT! MWANANCHI WA KAWAIDA ANAELEWA MKATABA NI MAMBO YA KISHERIA,Sasa ni kiongozi gani aliyewahi kufikishwa mahakamani kwa kushindwa kutimiza ahadi kwa wananchi? Obvious kuna loop hole na ndio maana Nape aka refute hayo ya Mnyika....Basically kutokana na kuchunguza hapa na pale...

The problem with verbal contracts ni kwamba they are often very hard to prove, especially if they are very complicated or have no independent witnesses. The parties themselves may not even recall the exact details to which they agreed. Therefore, if neither side can can show a written contract, judges are often forced to apply "fairness" or other governing state laws. The problem with "fairness" is that at least one person won't consider it "fair."

"In general, try to avoid verbal contracts. Anyone that wants you to agree to something but won't put it into writing, just isn't worth the time. And they are very likely out to scam you."

Hata hivyo according to www.law.com
www.law.com said:
an agreement made with spoken words and either no writing or only partially written. An oral contract is just as valid as a written agreement. The main problem with an oral contract is proving its existence or the terms. As one wag observed: "An oral contract is as good as the paper it's written on." An oral contract is often provable by action taken by one or both parties which is obviously in reliance on the existence of a contract. The other significant difference between oral and written contracts is that the time to sue for breach of an oral contract (the statute of limitations) is sometimes shorter. For example, California's limitation is two years for oral compared to four for written, Connecticut and Washington three for oral rather than six for written, and Georgia four for oral instead of 20 for written."
Hopefully itasaidia kujua tuunge point hipi mkono,binafsi nakubaliana na Nape kuhusiana na aliyosema kutokana na satatement hii kutoka kwake..."He further called for review of the existing systems to ensure that contracts are made between the politicians and the people" Naamini thats the right way outta this mess kwasababu anachozungumzia Myika kila mtu anakifahamu,there's never a lawfull acoountability pale viongozi wanaposhindwa kufanya yale waliyoyaahidi.
Ma two cents.
 

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Ndjabu Da Dude

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I watched the show the other night on TBC when it was broadcasted "live". Mnyika was by far the most impressive of the lot. Mnyika displayed broad and thorough understanding of the subject matter under discussion and was relevant, knowledgeable and informative throughout! Well done, dude! As for Nape Mnauye, he was mostly incoherent and it was obvious dude had serious problems articulating himself in the English.
 

jmushi1

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jmushi1

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I watched the show the other night on TBC when it was broadcasted "live". Mnyika was by far the most impressive of the lot. Mnyika displayed broad and thorough understanding of the subject matter under discussion and was relevant, knowledgeable and informative throughout! Well done, dude! As for Nape Mnauye, he was mostly incorrigible and it was obvious dude had serious problems articulating himself in the English.
Mkuu soma postings vyema,kwa mfano kwenye posting angu iliyopita nilisema hivi especially kuhusiana na relevance....

Jmushi1 said:
Naamini thats the right way outta this mess kwasababu anachozungumzia Myika kila mtu anakifahamu
Nikiwa na maana kwamba wimbo wa mkataba kati ya wananchi na viongozi waliowachaguwa upo pale pale,na kwamba mkataba ukivunjwa basi wasichaguliwe,je hiyo ni legally bonding contact?Kama wananchi wakijua ni kweli kisheria huyu kiongozi katudanganya watamchagua tena?Hii itasaidia kuwa na siasa safi za bila kuwa na umuhimu wa kuwahadaa wananchi...Therefore we will have a situationa where whereby politicians says what they mean and mean what they say...

Tunaelewa hata oral contracts ni valid,hata hivyo the true accountability is yet to be proven against wanasiasa wanapowafanyia wananchi kinyume kabisa cha yale waliyoyaahidi,kwa mfano badala ya kuleta maendeleo ama hata kuiacha hali pale ilipo kabla hawajapata,mara nyingi viongozi hao wamekuwa wakiziacha situations on even worst.
 

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Mkuu soma postings vyema,kwa mfano kwenye posting angu iliyopita nilisema hivi especially kuhusiana na relevance....



Nikiwa na maana kwamba wimbo wa mkataba kati ya wananchi na viongozi waliowachaguwa upo pale pale,na kwamba mkataba kukivunjwa basi wasichaguliwe,je hiyo ni legally bonding contact?
Tunaelewa hata oral contracts ni valid,hata hivyo the true acoountability is yet to be proven wanasiasa wanapowafanyia wananchi kinyume kabisa cha yale waliyoyaahidi,kwa mfano badala ya kuleta maendeleo ama hata kuiacha hali pale ilipo kabla hajaanza kutawala,mara nyingi wamekuwa wakiziacha situations even worst.
STUKA

Soma mabandiko yote yaliyowahi kuletwa na HabariNdiyo hiyo ya Nape VS Mnnyika

Sikuuangalia huo mjadala by the way
 

jmushi1

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jmushi1

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Pia Myika kasema hayo hapo chini ambayo binafsi....Sijadhani kama elections manifesto zina constitute legal bindings ama contract pale inapokuja kwenye accountablity to voters....Pia ni vyema maelezo ya Nape yakawa clear kuhusiana na namna anavyotaka accountability iwepo kuhusiana na contracts zitakazo wa bind politicians ili kuwepo na nidhamu pale inapokuja kuwaongopea wananchi ama "breach of contract" Lakini hilo la kusema "Sanduku" la kura ndiyo mwamuzi wa nani kavunja mkataba,hiyo ndiyo "Relevance" ya Mnyika.
Habarindiyohiyo said:
therefore the elections manifestos are written contracts
 

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Huyu habarindiyo hiyo either ni Mnyika mwenyewe au anatumiwa na Mnyika na hasa ukichukuliwa kuwa Mnyika na Nape ndiyo wagombea watarajiwa jimbo la ubungo,lengo lake ni kutaka kutuaminisha kuwa Mnyika ni zaidi ya Nape.
 

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Rev. Kishoka

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Mwanangu JMushi,

Mnyika is right on his statement that there is always a contract between a representative with the people he represent.

THe contract that CCM has with Tanzania is that it will lead and steer Tanzania towards development and achieve success and enjoy the fruits of our Independence. In addition CCM as part of its role as contractor, it has vowed and made promise to Tanzanians that it will deliver the goods for Tanzania as Tanzania have prescribed.

Be it Ilani ya Uchaguzi or Kauli Mbiu Ari Mpya, Nguvu Mpya na Kasi Mpya, those are the terms that CCM presented to win the contract!

With that said, CCM or Nape for that case does not understand that there is an obligation for CCM to deliver what it stated it will do for Tanzania.

For Nape to claim that the mandate given to CCM to lead Tanzania is not a contract or anything binding or that it can never be measured simply because there is no specific written contractual terms, brings to light his ability to understand Politics and role of Politician.

There are unwritten measurement items that can be utilised by constituence or country for that sake to measure a Politician or POlitical party.

For instance, CCM is claiming it has build Secondary school in each ward, that can be measured as an achievment, whoever, when one make a thorough analysis of presence of these schools by evaluating the output (end result of having schools), one can clearly see that the efforts to build schools has not resulted or translated to result as the quality of education is still weak, teachers are inadequately trained and the students are studying in such hard conditions due to lack of necessities such as books, desks, chairs, clean water, healthy food and sanitary environment.

We can also ask, the quality of health care, availability of jobs, poverty reduction, accountability, and measure them from the time the contractor made promise to deliver and see if we as people can take action by revoking the contract through ballot and appoint a new contractor.

Kikwete claimed he will create a Million jobs, has he been able to deliver?

CCM claimed they will reduce poverty, what is the poverty index in Tanzania today, 5 years after the last promise was made?

Kikwete's government promised it will fight graft, corruption and bureaucracy,, however Tanzania is still ranked highest in Corruption, should we renew the contract with Kikwete?

So whether written or unwritten, the promises made to Tanzanians by CCM through its election manifesto, was a bid for them to enter the contract to lead Tanzania.

Mnyika was right, and Nape exposed himself!
 

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Mzee Mwanakijiji

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the whole nature of politics is the agreement between the rulers and the ruled; the candidates for a political position would articulate their promises and plans to the voters, it is on the basis of these promises and plans that the voters are supposed to elect the candidates. As such, the inherent character of contract emerges. That is, We will do x,y (implement the manifestos).. if you do a,b (vote for us).

Therefore, election primarily is a contract between the candidates (even more a political party) and the voters. And there is a time limit for the party (candidates) to fulfill their obligations. If they fail, then the people (the voters) have a right and indeed a moral obligation to vote those people out on the basis that they did not fulfill their part of contract.

That is why Kikwete must go; no more five years!
 

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