Wednesday, 19 March 2014


 Three-government union structure is inevitable if public opinion is to be taken seriously, Constitutional Review Commission Chairman Joseph Warioba told Constituent Assembly (CA) members yesterday.He made the remarks during a session with CA, at which he sought to explain the rationale behind his commission’s backing of the proposed structure that has opened up a raging debate.According to Justice (rtd) Warioba, the union structure was a big issue during the collection of views stage and a lot of time was dedicated to the matter in the light of its importance.The Warioba-led commission came under fire after it submitted the Second Draft Constitution to Union President Jakaya Kikwete and Zanzibar President Dr Ali Mohammed Shein last December 30.
As Constituent Assembly seminars continue here, the ruling Chama Cha Mapinduzi (CCM) has repeatedly criticised the proposed Union structure and directed its members in the assembly to ensure that they stand firm in defence of the current government system.Yesterday, however, Judge Warioba told a fully-packed assembly that the proposed structure was the product of views collected from the majority of Tanzanians. The work involved analysis and thorough research, he said, before the second draft was written.After the statistics were evaluated, he said, 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 and 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.The CRC polled 142 institutions, 71 of them government institutions, and they proposed a three-government system. The Zanzibar House of Representatives recommended an independent authority for Zanzibar, independent authority for Tanganyika and a union authority. They want 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, Judge Warioba said, the commission carried out detailed research on the structure and challenges of the Union since its establishment in 1964.
In a two-hour explanation, Judge Warioba said a two-government union was no longer practical and gave Tanzania Mainland more autonomy while Zanzibar would be swallowed. “When we were collecting views from the people, 61 per cent of people from Tanzania Mainland proposed a three-government union structure,” he said. “In Zanzibar, 60 per cent were of the view that we have a union based on a contract.udge Warioba, who was tabling the Second Draft Constitution in the assembly, said ordinary people, institutions
such as faith-based organisations, civil society and government institutions also suggested a three-government union structure. Commissions that were led by Judge Francis Nyalali and Judge Robert Kisanga declared in 1991 and 1994 that the three-tier government was the only solution to Union woes.Opponents of the three-government structure argue that it would be too expensive to manage. They want the current union structure retained in order to reduce costs.But, according to Judge Warioba, the arguments on the cost of running the governments do not hold water since his commission proposed a small government with few leaders who would not cost the country much.
There are 438 legislators now whereas the Union Parliament has 357 members and the Zanzibar House of Representatives has 81. “If the new constitution suggests a three-government union structure, we will have fewer MPs than we have in the current structure,” he explained.Judge Warioba said the way the current union was operating was totally different from how it worked during the era of Mwalimu Julius Nyerere and Abeid Aman Karume. “Under the current two-government system, Zanzibaris are complaining that Tanganyika is wearing the coat of the union and they stand a chance to benefit more from it,” he added. Judge Warioba presented the Second Draft Constitution before the assembly after he failed to table it on Monday, when some CA members protested about what they considered a total disregard of t

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