TANZANIA: KEY HISTORICAL AND CONSTITUTIONAL DEVELOPMENTS
From 1961 at the time of her independence up to 1977, when she got her permanent Constitution, Tanzania had 5 new constitutions namely; the Independence Constitution 1961,The Republican Constitution 1962, The Interim Constitution of the United Republic of Tanganyika and Zanzibar 1964, The Interim Constitution 1965, and the permanent Constitution of the united Republic of Tanzania of 1977.
1958: United Tanganyika Party (UTP) was formed
1958: African National Congress was formed
1961: Independence Constitution of Tanzania:
- was based on the West Minister model except that it had no bill of rights.
- provided for a Governor General representing the Queen as the Head of
State; an executive prime minister from the majority party in parliament; a cabinet of ministers collectively an individually responsible to parliament and an independent judiciary.
1962: The Republican Constitution of Tanzania marked the beginning of the presidential system and lay a foundation for imperial presidency, in that it combined in the president the powers of head of state and government and all the previous powers of the Governor General and prime minister. He was Head of State and head of government, commander in Chief of the army and part of parliament, without whose assent a bill would never become law. He appointed ministers and the Vice President, and chaired cabinet.
-The collective and individual responsibility of ministers shifted from the national assembly to the president. Parliament could not impeach the President though the President could under certain circumstances dissolve parliament.
The president inherited all the powers of the governor by the colonial legislation such as the Deportation Ordinance, the Collective Punishment Ordinance, the Emergency Powers Order in Council to which the independent government added its own repressive laws such as the notorious Preventive Detention Act, which gave the president powers to detain a person without trial.
An existing national assembly which converted to a constituent assembly by an Act of parliament passed the new Republican Constitution. The 71 elected members of the national assembly, all elected members of TANU passed a law that allowed them to convert the national assembly into a constituent assembly with powers to adopt the new constitution. The procedure sided lined people and thus lacked political legitimacy or force of law from the people.
1964: The Union Constitution between Zanzibar and Tanganyika was a modification of the Republic Constitution of 1962.
The Union was constituted by signing of a treaty called the Articles of Union by the respective heads of state Mwalimu Nyerere and Karume. It was ratified by the respective legislative bodies and became part of the municipal law called the Acts of Union. Main features of the Acts of Union were the following:
- The Acts of Union were a constitutional instrument controlling both the Union and Zanzibar Constitutions.
- They established a 2-government Union . 11 items were placed under the jurisdiction of the Union legislature and executive and remained matters under the exclusive jurisdiction of the Zanzibar government. The Union executive was to operate in Zanzibar in relation to union matters through the Zanzibar president who by virtue of his position was also vice president of the Union.
- The Acts provided for a procedure for the adoption of a permanent constitution through the appointment of a constitutional commission followed by a constituent assembly, in order to allow some people participation in the making of the Union. Unfortunately the one-year period that was specified in the original articles came to some 13 years, when a constitutional commission and Constituent assembly were formed albeit in a fashion that almost sidelined people participation. The people have never had opportunity to debate the needs, structure and division of power of the union.
1964: The Interim Constitution of the United Republic of Tanganyika and Zanzibar (The Third Constitution of Tanzania)
It was a modification of the Republican Constitution and renamed by presidential decree. This presidential authority to make the constitutional changes was derived from the Acts of Union. It was never passed by a constituent assembly but was adopted like an ordinary act of parliament. This constitution laid the foundation for the two-government union.
1965: The Interim Constitution 1965: formalized the one party state and re-enacted all changes brought about by the Union. The Constitution declared the Afro-Shirazi the party for Zanzibar and TANU for Tanganyika. The Constitution of TANU was made a schedule to the Constitution thus legally endorsing the emergence of a party state. The 1965 Constitution was enacted by an ordinary Act of parliament an equivalent of an amendment of the Constitution repealing an existing Constitution and establishing a new one. It was yet another example of lack of constitutionalism and participation of the people.
1965-1977: Several amendments were made to the Interim Constitution before the permanent Constitution was adopted. Notable were 2 amendments.
- There was an increase in the number of matters under the jurisdiction of the Union government, which led to further constriction of the autonomy of Zanzibar.
- The second amendment was the consolidation of one party state and the undermining of the National Assembly in favour of the National Executive Committee of the Party. The 1975 amendment (Act 8 of 1975) for instance declared the supremacy of the party by providing that all functions of the all state organs were to be performed under the auspices of the party, a formalisation of what had already happened de facto.
-The 1977 Permanent Constitution / The Fourth Constitution concentrated state power in the executive within the party state under an imperial presidency it was made with no public debate or consultation. It for the first time recognized the monopoly of politics vested in the CCM, which by then emerged as single party in the whole union. The 1977 constitution rests on the 3 pillars namely imperial presidency, the two-union government and the one party state.
5 February 1977: The two existing political parties Tanganyika Africa National Union (TANU) and Afro Shirazi Party (ASP) merged to form Chama Cha Mapinduzi (CCM)
16 March 1977: After the merger of the TANU on the mainland and ASP in Zanzibar; the President of the United Republic of Tanzania appointed a 20-person joint party committee headed by Thabit Kombo to propose a new constitution. The same party Committee was appointed as the constitutional commission in accordance with the Acts of Union on March 25, 1977. It within a short time made and sent proposals to the NEC of the party, which adopted them in a day, in camera.
16 March 1977: The president appointed the Constituent Assembly was on the same day as the Committee, to discuss and enact the new constitution. The bill for the new constitution was published 7 days before the Constituent assembly met to discuss it and the constituent assembly enacted the Constitution in 3 hours after it was presented to it.
Amendments of the 1977 Constitution: The Fifth Constitutional amendment as an exception to the rule. This 1983-4 constitutional debate was a fine example of public participation in constitution making because it was initiated by the NEC of CCM contrary to the usual practice where the NEC made decisions and asked government to implement them. Secondly, contrary to previous practice, a public debate on the partys proposals was invited and a year assigned for the purpose. Thirdly although having a bill of rights had not been part of the proposals, it was included as a result of public demand. The debate was therefore the only one of its kind in the constitutional history of Tanzania. As a result of the debate there demands for more autonomy of Zanzibar which threatened the party and led to announcing a pollution of political atmosphere forcing the then leadership of Zanzibar to resign.
1985: Mwalimu Julius Nyerere stepped down voluntarily as Head of State of Tanzania and Ali Hassan Mwinyi succeeded him as Head of State.
1990: Salmin Amour replaced Abdul Wakil as President of Zanzibar and 2nd Vice President of the Union
February 1991: The Presidential Commission on Single Party or Multiparty System in Tanzania, 1991 popularly known as the Nyalali Commission, was established by President Mwinyi
March 1991: The Nyalali Commission was inaugurated. It was constituted of 22 Commissioners, with equal membership of ten members each from both the Mainland and the islands, and one Chairperson and a Vice Chairperson. Its main terms of reference were to collect peoples views on whether Tanzania should continue with the Single Party System or adopt a Multi-party system.
1992: the Nyalali commission made recommendations to amend both the Union and Zanzibar Constitutions, to make the whole of Tanzania a multi-party state.
The Eight Constitutional Amendment of 1992 paved way for a multi party political system, following the recommendation of the Nyalali Commission to adopt multipartism. The constitutional amendment changed the composition of the National Assembly, which consisted of elected members. Women representatives who were 15% of the total membership were to be appointed by their parties. There were to be 5 members elected from the Zanzibari House of Representatives from among themselves. The National Electoral Commission members were to be appointed by the President. Instead of being a member of CCM as before, parliamentary and presidential candidates could be nominated by any registered party, which meant that independent candidates could not stand for elections any more. Matters to do with the registration of political parties were added on the list of Union matters making them 22.
The Ninth Constitutional Amendment came six months later. It provided for the election of the president and his removal by way of impeachment. It also provided for post of prime minister and the passing of a vote of no confidence in him by the National Assembly.
The Eleventh Constitutional Amendment addressed the issue of vice president, following the report of the Bomani Committee. The system of running mate was introduced that paired a presidential and vice- presidential candidate. This meant that the President of Zanzibar ceased being an automatic Vice president of the Union but became a member of the Union cabinet.
The Twelfth Constitutional Amendment 1995 was passed before parliament was dissolved before the October 1995 general elections. It declares the president of the Union, and the President of Zanzibar as the Vice President of the Union and the Prime Minister prime leaders required to take oath to defend, protect and nurture the union.
1995: Ali Hassan Mwinyi stepped down as Head of State having constitutionally completed two terms in office and Benjamin William Mkapa was elected as Head of State.
October 29, 1995: first presidential and parliamentary elections under multiparty system, 13 political parties contested.
November 1995: After irregularities at some polling station, National Election Commission of Tanzania annulled the election vote in seven Dar es salaam constituencies and arranged for a re-run.
November 13, 1995: Ten opposition parties announced a boycott of the repeat elections and all opposition presidential candidates withdrew.
November 17, 1995: A re-run of the elections took place and CCM emerged victor with 75% of the vote.
1998: the Union President appointed a 16 member Committee led by Justice Kisanga to look at the Union Constitution and make necessary recommendations.
April 2000: The Thirteenth Constitutional Amendment
It introduced the following changes:
- Prior, a candidate needed 50% of votes in presidential elections to be declared president of the United Republic; only a simple majority was required to be declared president
- Before, the President had no power to nominate any body to parliament all members of parliament except the Attorney General, women in special seats and representatives of the Zanzibar House, were elected form constituencies. The Constitutional amendment allowed the President to nominate up to 10 members of parliament
- Increased the number of special seats fro women from 15%- 20%, depending on the declaration of the National Electoral Commission from time to time, with the consent of the president
watu wasikurupuke kuja hapa na hoja rahisi rahisi,wasome kwanza,waitafakari na kisha waje na vigongo vitakavyoweza kuwa ni changamoto kwa kuandikwa upya kwa katiba hii inayotumika kwa vile tuu watanzania wanapenda "amani na utulivu"
Pia tunaomba tuchambue kama kweli katiba hii inatakiwa kufanyiwa marekebisho au la. kama tunaungana na watawala wanaosema hii ni katiba nzuri kuliko zote Afrika au tunaungana na wanaosema ni katiba mbovu kwa maslahi ya taifa letu
Nashukuru kwa kuiweka hii mada Sticky hongera sana Moderator haya ndiyo mambo ya kikubwa!
(Toleo hili la Katiba ya Jamhuri ya Muungano wa Tanzania, ya Mwaka 1977, limezingatia na kuweka pamoja mabadiliko yote yaliyofanywa katika Katiba ya Muungano tangu ilipotungwa mwaka 1977 hadi tarehe 30 Aprili, 2000.
This Edition of the Constitution of the United Republic of Tanzania, 1997, incorporates and consolidates all amendments made in the Constitution since its enactment by the Constituent Assembly in 1977 up to the 30th June, 1995.
Hivi ni kitu gani kinachofanya kushindwa kuchapwa zote (English and Swahili versions) kwa wakati mmoja?
NA KWA KUWA misingi hiyo yaweza tu kutekelezwa katika
jamii yenye demokrasia ambayo serikali yake husimamiwa na
Bunge lenye wajumbe waliochaguliwa na linalowawakilisha
wananchi, na pia yenye Mahakama huru zinazotekeleza wajibu
wa kutoa haki bila woga wala upendeleo wowote, na hivyo
kuhakikisha kwamba haki zote za binadamu zinadumishwa na
kulindwa, na wajibu wa kila mtu unatekelezwa kwa uaminifu:
Tayari kuna mkanganyo hapo. Wabunge ndio hao hao serikali.Sasa sijui bunge litaweza vipi kuisimamia serikali. Jingine ni hilo la mahakama huru. Jaji mkuu anateuliwa na raisi. Sasa huo uhuru wa mahakama uko wapi??
KWA HIYO, BASI, KATIBA HII IMETUNGWA NA BUNGE
MAALUM LA JAMHURI YA MUUNGANO WA TANZANIA,
kwa niaba ya Wananchi, kwa madhumuni ya kujenga jamii
kama hiyo, na pia kwa ajili ya kuhakikisha kwamba Tanzania
inaongozwa na Serikali yenye kufuata misingi ya demokrasia
Ukurasa wa 12, Utekelezaji wa shughuli za
Mamlaka ya Nchi Sheria ya 1984, Na.15 ib.6
Vyombo vyenye mamlaka ya utendaji vitakuwa ni
Serikali ya Jamhuri ya Muungano na Serikali ya Mapinduzi ya
Zanzibar, vyombo vyenye mamlaka ya kutekeleza utoaji haki
vitakuwa ni Idara ya Mahakama ya Serikali ya Jamhuri ya
Muungano na Idara ya Mahakama ya Serikali ya Mapinduzi ya
Zanzibar, na vyombo vyenye mamlaka ya kutunga sheria na
kusimamia utekelezaji wa shughuli za umma vitakuwa ni
Bunge na Baraza la Wawakilishi.
Kumbe watu wanaogopa mijadala pasua kichwa! Katiba ndiyo hii na kila siku tunalalamika kwamba ubovu wa katiba hii ndiyo chanzo cha nchi hii kuongozwa kibabaishaji,sasa kwa nini watu wemekimbia kujadili badala yake wote tumebakia kutumbua macho na kumwachia mwanamalundi peke yake kazi nzito kama hii?
Sifa za mtu kuchaguliwa wa kuwa Rais
Sheria ya 1992 Na.4
Sheria ya 1994 Na.13 ib
Sheria ya 1994 Na.34 ib .
Sheria ya 2000Na.3 ib.7
39.-(1) Mtu hatastahili kuchaguliwa kushika kiti cha Rais wa
Jamhuri ya Muungano isipokuwa tu kama-
(b) ametimiza umri wa miaka arobaini;
(c) ni mwanachama, na mgombea aliyependekezwa na
chama cha siasa;