Albedo
JF-Expert Member
- Feb 24, 2008
- 5,559
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Mkuu kakulwa umesoma hiyo habari lakini! Naona kama unaongea kinyume:
Contract as from http://www.lectlaw.com/def/c123.htm
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.
CONTRACT - An agreement between two or more competent parties in which an offer is made and accepted, and each party benefits. The agreement can be formal, informal, written, oral or just plain understood. Some contracts are required to be in writing in order to be enforced. (2) An agreement between two or more parties which creates obligations to do or not do the specific things that are the subject of that agreement. Examples of a contract are a lease, a promissory note, or a rental agreement.
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!
Wakuu Reverend na Mwanakijiji;
John Mnyika mwenyewe ametapatapa ndio maana akaingiza maneno kama "Manifesto" Na ndio maana kama mmesoma postin yangu,manifesto siyo a legally binding contract,kwanza sidhani hata kama manifesto means contact,ila manifesto ni decleration of intentions, na ndio maana nimesema kuwa tunataka pia tuyasikie maoni ya Nape kwamba ni kivipi hizo contract zitakuwa enforced ama hata kuleta any difference hence accountability...Kwasababu nionavyo mimi hapa contract zinazozungumziwa si zile ambazo ni "Legally binding contracts" ambazo nadhani kama mgombea akitoa ahadi na akashindwa kuzitimiza basi anaweza kufunguliwa mashtaka,pointi yangu ndipo ilipokuwa kuwa.
Kuhusiana na relevance ya pointi ya Mnyika nilisha ia analyze hapo juu,kuwa kwenye current political contracts,mwananchi ndiye mwenye kumhold accountable kiongozi pale asipotimiza ahadi zake kwa kutokumpigia kura tena,je hilo lina constitute to a "Legally binding contract?"
Kwasababu if that was the case then tunaweza kuwaburuza mahakamani viongozi wanapotoa ahadi hewa?
Yani kama ikiwezekana nifungue kesi dhidi ya JK kuwa hakuna maisha bora kwa kila Mtanzania kama alivyoahidi miaka mitano iliyopita?
Naomba tuelimishane zaidi kwenye hili waungwana.
Mzee wangu Reverand Kishoka; hapo chini ni ile kauli ya relevance ambayo imepelekea nyie kuona kwamba alichosema Myika kina relate ama ni relevaceMwanangu 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!
Njabu da Dude said:Mnyika displayed broad and thorough understanding of the subject matter under discussion and was relevant
Unapoongea kama mwanasiasa ni muhimu kupima maneno na kuyaangalia ina all possible interpretations na the bigger picture /context.
Nape kusema hakuna contracts ni blunder.Period.
Katika ku asses uelewa kama Mnyika anasema katika uchaguzi kuna contract na wananchi na Nape anabisha basi Mnyika anashinda hands down.Period.
Hapa kama kinachoripotiwa ni sahihi, Nape amepata "Freudian slip"
Amesema kile anachofeel moyoni hasa, ameweka all calculations na political correctness aside. Albeit unintentionally, which takes away any potential credit for being forthcomingly candid.
Amesema kwamba hamna contract, nichagueni halafu mkishanichagua nitaamua kama niwaletee maendeleo kama nilivyoahidi kwa hisani yangu mwenyewe tu, au niwafisadi kama ninavyotaka.
Lakini msitake kuniletea upuuzi wa kwamba tuna contract, contract gani? First of all I am a Nnauye and this shyt is my birthright, contract gani?
Contract gani?
Katika sheria, kuna kitu kinaitwa "the letter of the law" halafu kuna kitu kingine kinaitwa "the spirit of the law"Nakubaliana na wewe,lakini akija hapa na kusema alimaanisha "Legally binding contract" Then ana point.
Katika sheria, kuna kitu kinaitwa "the letter of the law" halafu kuna kitu kingine kinaitwa "the spirit of the law"
Mwanasiasa atakayekuja hapa na kuniambia kwamba election si legally binding contract atakuwa legally right kwa maana ya kwamba yuko sawa katika legalese.
Lakini ukija katika bigger picture, maswala ya leadership na accountability, maswala ya integrity, hii kauli, hata kama anazungumzia "the letter of the law" instead of "the spirit of the law" itakuwa ni political suicide.
Kuna law na justice, na justice si lazima itiririke kutoka katika law. Naamini hawakwenda kwenye TV kudiscuss academic abstracts, wameenda kujinadi kuhusu matatizo ya wananchi.
Sasa kama mwanasiasa katika kujinadi ananiambia kwamba hatakuwa accountable (basically) then to me that is commiting political suicide right there.
He further called for review of the existing systems to ensure that contracts are made between the politicians and the people.
Hakuna contract,ni manifesto kama anavyosema Mnyika ambaye anadai manifesto ni neccessarily a contract....Which is certainly untrue, if he proves me wrong i will respect it with hoja kwa hoja....Je wewe unadai mikataba hiyo kati ya ahadi za mgombea na mwananchi ni za kisheria?Naomba ujibu hilo.
Kumbe Nape naye ni bogus; inaelekea anataka politics kwa kuamini kuwa akiwa huko hata akifanya madudu hatafanyiwa lolote kwa kuwa anadhani kuwa hakuna kipimo cha utendaji wa politicians. Ni view hii ya politicians wetu ndiyo iliyotuleta hapa kwa vile waoa wanaamaini kuwa akishafiki huko mbele basi hana mkataba na raia tena. Upuuzi kabisa huo.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.
Mnyika was 100% right; nawashangaa sana wanaopinga ukweli huo. Huyu Nape anayedai kuwa IN POLITICS...blah blah blah.... sijui ana maana gani wakati tunajua kuwa marekani huwaondoa wanasiasa wao madarakani wanaposhindwa kutekeleza ahadi zao hata kabla ya muda wao haujaisha; kinachotakiwa ni utaratibu wa kisheria kufuatwa kufanya hivyo. Ndiyo maana wabunge na magavana wote wa marekani wana utaratibu wa kuwa na websites na kupeleka Newsletters kwa waananchi wao kuelezea walichofanya kulingana na ahadi zao; vile vile wana wasadizi wanaokaa majimboni kuhakikisha kuwa wanawafahamisha wananchi kila jambo linalofanywa na mbunge wao.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.
Taratibu mkuu,soma kwa makini,Nape alisema hivi...Mkuu soma post by post kabla hazija accumulate uwe na kisingizio that they were too much to follow up...Kwasababu mbali na blunders zote za mafisadi mbona wanachaguliwa tena na tena?Ama wananchi ndiyo corrupt judiciary system under the ballot box?