Commentary on the Constitution of the United Republic of Tanzania (original) (raw)
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Tanzania’s Constitutional Reform Predicament and the Survival of the Tanganyika and Zanzibar Union
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Constitution, and also there will be non-Union matters which are all others that are not matters of the Union. (4) Each instrument mentioned in this paragraph will be established and will carry its responsibilities in accordance with other conditions contained in this Constitution. In this Section of this Chapter, except when indicated otherwise, the word "Government" shall mean the Government of the Union Republic and the Revolutionary Government of Zanzibar, local authorities and also anyone exercising any authority on behalf of the Government. 7. Application of conditions in Section Two (1) Without regard to the contents in subparagraph (2), the Government all its instruments and all the people or any Authority holding governing responsibilities, responsibilities in law-making or responsibilities in administering justice, will have an obligation to comply, pursue and implement all the conditions in this Section of this Chapter. (2) The conditions in this Section of this Chapter will not receive the legal backing of any court of law. No court of law in the country will have the powers to offer judgement on a course of action or lack of action on an issue against a person or any Authority, if the law or any judgement is in compliance with the conditions in this Section of this Chapter. 8. The Government of the people (1) The United Republic of Tanzania is a nation which adheres to the values of democracy and social justice, and therefore:-(a) The people are the foundation of all Authority, and the Government will receive its authority and all its powers from the people in accordance with this Constitution; (b) The main objective of the Government will be the well-being of the people; (c) The Government will be answerable to the people; (d) The people will participate in the affairs of their Government in accordance with the stipulations of this Constitution. (2) The foundation of the Government of the United Republic and the Revolutionary Government of Zanzibar, or of any of any of its instruments and the administration of its affairs, will be sustained through the forging of national unity in the Union Republic and the commitment to fostering national unity and maintaining national integrity. 9. Building socialism and self-reliance (1) The aim of this Constitution is to enable the Union Republic to develop as a nation of equal and independent people, who enjoy freedom, justice, brotherhood and peace by following the policies of socialism and self-reliance, which require the implementation of the philosophy of socialism by taking into account the existing conditions in Tanzania.
Constitution-Making in Tanzania: The Role of the People in the Process
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No one person has the right to say, "I am the People." No Tanzanian has the right to say, "I know what is good for Tanzania and others must do it." All Tanzanians have to make the decisions for Tanzania. Julius Kambarage Nyerere[1] I. Introduction: The Constitution and Constitution-Making The Constitution of a country is the most important legal document. It is the supreme law on which all other laws are based. At times it is referred to as a social contract between the rulers and the ruled. It is also the consensus amongst the people themselves. The Constitution is therefore more than just a document. It embodies the wishes and aspirations of the country. All the laws, by-laws, rules and regulations derive their legitimacy from the Constitution. Constitutions take various forms. There are written and unwritten Constitutions. Great Britain for instance, has no written Constitution. It is guided by traditions developed over the years. However, most countries and particularly those in the developing world have written Constitutions. Most of these Constitutions have been developed and shaped by their colonial past. Some were negotiated with the leaving colonial powers. They were or are compromises between the interests of the leaving rulers and the ruled who were taking over power. Yet others are outcomes of protracted independence struggle-mostly armed. Some of these developing countries have gone beyond the so-called independent Constitution to a more home-grown Constitution. They have nevertheless retained the tradition of the former rulers. For instance, Constitutions of most of the former British colonies will retain the Westminster tradition with clear separation of powers, independence of the judiciary and generally existence of checks and balances. Others have tilted the balance in favour of a strong executive and a very weak judiciary and a rubber-stamping legislature. This paper examines the role played by the people in the constitution making process in Tanzania. The work begins by examining the struggle for independence and the movement towards the very first constitution of the country-the Independence Constitution of 1961. Later on we look at the process of constitution making after independence. The focal point is the role of the people in this process. This area covers struggles of over thirty years. We conclude by a prognoses on what the future holds for the people of Tanzania in the constitution making in the country.
The Pitfalls of Constitution-‐making in Tanzania: the lessons so far
Big claims are made for the constitution. When it suits them, politicians in power use it as an excuse to divert attention from bigger issues. Politicians wanting to get into power use it as a mobilizing stratagem. Activists in NGOs use it to advance their advocacy work for human rights, gender rights, land rights, disabled rights, women's rights, children's rights, cultural rights, consumer rights, and a host of other rights. Political scientists and constitutional lawyers use it to propagate liberal democracy, multipartism, good governance, transparency, accountability, rule of law and legalism which they have picked up from their textbooks and consultancy clients such as the World Bank, USAID, DfID, donors and Foundations. Radical nationalists, a species that is fast disappearing, use it to assert national identity.
GERMAN COLONIAL LEGACY: TANZANIA AND THE HUMBOLDT FORUM
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The German colonial empire committed multiple atrocities in Africa in the past century. Germany now faces the prospect of a historical reckoning. So far, Germany, among other issues, has engaged three negotiation processes in Africa involving reparations. In that respect, a negotiation process started in 2015 between Germany and Namibia regarding the systemic massacres of the Herero and Nama people of Namibia, which even some German government officials have referred to as being genocidal. Another African country which put forward similar assertions against Germany is Tanzania. The Tanzanian government claims that tens of thousands of people were tortured and killed by German soldiers to eliminate rebels during the period between 1905 and 1907. In line with these claims, Tanzania started a court process in 2017. Last in line is Burundi. In 2020, the Burundi government established a panel of experts to determine the extent of damages caused by colonizers, namely Germany and Belgium, and the associated cost.
THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA (CAP. 2
Consolidated Fund of the Government of the United Republic. 136. Conditions for withdrawal of moneys from Consolidated Fund. 137. Procedure for authorising expenditure out of Consolidated Fund. 138. Conditions of taxation. 139. Procedure for authorisation of expenditure in advance of appropriation.