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The East African : March 24th 2014
10 MAKING OF A NEW CONSTITUTION Dar at a crossroads as review process now enters critical stage P≥esident Kikwete backs ≥uling Chama cha Mapinduzi in opposing a th≥ee-gove≥nment system By SAMUEL KAMNDAYA The EastAfrican after President Jakaya Kikwete punched holes in the country’s draft constitution and took his ruling Chama Cha Mapinduzi Party position in support of the current two-government system. Addressing the Constituent W If you decide to start segregating each other today, things will be difficult and if that is what you want, then wait until I leave.” President Kikwete Assembly in Dodoma three days after the Constitution Review Commission chairman, Judge (rtd) Joseph Warioba had presented the three-government system as a product of the views of a majority of Tanzanians, the President called for patience in dealing with the matter that has emerged as the main bone of contention in the talks. A three-government system would have the Government of Tanzania, the Government of Tanganyika and the Union Government, while the current Union government is such that there is Tanzania mainland and the semi autonomous Zanzibar Islands both of which form the Union government. “I want you to be patient as you discuss this thorny issue. Irritations will not help us on this,” said President Kikwete. But he was quick to discredit Mr Warioba’s assertion that the proposal represented the voice of the majority. The President said that while the CRC interviewed over 700,000 people, hich way Tanzania? That was the question only 10.4 per cent of them spoke about the union. “This means that the type of the Union to be adopted was not an important issue in the eyes of 89.6 per cent of Tanzanians who were interviewed by the CRC.” Mr Warioba had told the As- sembly that 13 per cent of those who gave their opinions over the Union in Tanzania Mainland proposed one government, 24 per cent wanted a two-government structure while 61 per cent wanted a three-government structure. In Zanzibar, 34 per cent recommended a two-government arrangement, 60 per cent wanted a Union of contract, and 0.1 per cent (25 people) preferred one government. Some 142 institutions, 71 of them government institutions, were also involved in the study and they proposed a three-government system. Independent authorities The Zanzibar House of Rep- resentatives recommended an independent authority for Zanzibar, independent authority for Tanganyika and a Union authority. They wanted their operations and limitations to be clearly defined. The Council of the Prime Minister’s Office also proposed a system with a president of the Union, the prime minister of Tanganyika and the prime minister of Zanzibar. This group said there was no need for three presidents. After collecting views from the citizens and institutions, Justice Warioba said, the commission carried out detailed research on the structure and challenges of the Union since its establishment in 1964. However, President Kikwete The EastAfrican NEWS MARCH 22-28,2014 Members of Constituent Assembly consult after a session. Picture: File THE ROADMAP December 2010: President Jakaya Kikwete officially announced that he would initiate a process to start the writing of a new constitution March 2011: The Cabinet approved the process November 2011: Parliament approved a law that jumpstarted the new constitution making process April 2012: President Kikwete appoints Constitution Review Commission under the chairmanship of Justice Joseph Warioba 30 December 2013: CRC chairman presents the draft constitution to President Kikwete and President of the Revolutionary Government of Zanzibar Dr Ali Mohammed Shein March 2014: CRC chairman, presents the draft constitution to the Constituent Assembly mission (CRC), can still be dealt with within the system. He said both the proponents of the three-government system, which was proposed by the CRC, and those opposing the system have genuine reasons hence the need to discuss the setup and arrive at a conclusion that will make it easy for Tanzanians to accept the draft law during a referendum. According to Mr Kikwete, if the country really wants a threegovernment system, then it first needs to create a concrete background upon which the Union government will be build. “If we want this, then we have said a three-government system would be difficult to implement because the Union Government would largely depend on the goodwill of Zanzibar and Tanganyika. “We will, therefore, be creat- ing a Government of Tanzania that lacks its own sources of funds to run its affairs… Appar- ently, if Tanganyika and Zanzibar say they do not have funds to run the Union Government then there will no longer be the United Republic of Tanzania,” he said. He added that challenges in the current government structure, highlighted by the Constitution Review Com- to build a clear foundation first… the Union Government will only be left with the police and armed forces with no resources to make it a strong state and one that can be able to receive loans from local and international lenders… these are the issues that you need to seriously discuss as CA members,” he said. Civil society claims Constituent Assembly intends to extend te≥m By EMMANUEL MUGA Special Correspondent Civil societies have raised an alarm over possibility of the Assembly extending its term. Civil society led by Legal and Hu- man Rights Centre has warned that the Constituent Assembly is likely to extend its term to recover time it lost its first sessions, which were marred by ugly scenes of noisy arguments. “The chairman has been given powers to extend the life of the Constituent Assembly. There is no limit to how much time can be added,” said the Centre executive director Hellen Kijo-Bisimba. Mrs Bisimba said the law that gives powers to the chairman to extend the time beyond the initially set 70 days, was inserted in the Constitution Review Act without following the proper procedure. “Under Section 28 (3) and (4) of the Constitution Review Act, the chairman of the Constituent Assembly is given powers to extend the time without limit. The section was inserted irregularly because it was not discussed by stakeholders,” she said. “The section is dangerous be- cause it can allow the Assembly to sit for as long as it wants. They can even decide to sit for six months because the chairman has powers to extend the time without any limit.” Initially, the Constituent Assem- bly had been given a lifespan of 70 days but could be extend for another 20 days. The Legal and Human Rights Centre said unlike in the past, stakeholders were not given opportunity to contribute to the amendment Bill. Fears that the delegates will be unable to accomplish the mission on time were caused by deep divisions among assembly members. Deep divisions occasioned by party interests took centre stage during some of the assembly sessions, forcing members to take a break. The Assembly began its sessions in Dodoma on February 18 with discussions about members’ welfare. The tone was set on the first day in Dodoma, when the delegates claimed that their daily allow- ance of Tsh300,000 ($184) was not enough, demanding that it be increased threefold. Interim chairman Pandu Ameir Kificho formed a committee to look into the matter. There are 629 delegates in Dodo- ma, who include all members of the Zanzibar House of Representatives, all MPs in the Union Parliament as well as presidential appointees representing various interest groups. The delegates are still divided on some issues that have to be discussed and be stipulated in the rules.
March 17th 2014
March 31st 2014