Controversy over the whereabouts of the original Articles of Union and an Act of Zanzibar to ratify the Articles of Union has engulfed some of the Constituent Assembly (CA) committees.Yesterday, Zanzibar’s Attorney General (AG) Othman Masoud Othman and former Zanzibar Chief Minister Shamsi Vuai Nahodha confirmed that they have never seen an Act through which Zanzibar ratified the Articles of Union.
Mr Nahodha, who is chairman of CA Committee Number 2, told a news conference that members of his committee engaged in a bitter argument over the original set of the Articles of Union, a matter that forced the Committee to invite Mr Pius Msekwa, former Clerk of the National Assembly at the time of the Union, and AG Othman to give further clarifications.Mr Nahodha said AG Othman told the members that since Tanganyika and Zanzibar were under the United Nations chapter, the original document of the Articles of Union was sent to the UN and is kept there.
However, the statement contradicted another given by the clerk of the CA, Mr Yahya Hamis Hamad, who earlier told reporters in an interview that the original document of the Articles of Union was in Dar es Salaam.Mr Nahodha said another debate was on the absence of the Zanzibar Act to ratify the Articles of Union.Mr Naohoda further added that when Zanzibar’s AG was asked by members whether he had ever seen the document he admitted that he had never set his eyes on it.“I, too, have never seen the Articles of Union and the Act through which Zanzibar ratified the Articles of Union,” said Mr Nahodha.
THE ARTICLES OF UNION
CCM IS STARTING TO FALL APART ?
The Articles of Union between Tanganyika and Zanzibar
THE ARTICLES OF UNION
THE REPUBLIC OF TANGANYIKA AND THE PEOPLES' REPUBLIC OF ZANZIBAR
WHEREAS the Governments of the Republic of Tanganyika and of the Peoples' Republic of Zanzibar being mindful of the long association of the peoples of these lands and of their ties of kinship and amity, and being desirous of furthering that associatio! n and strengthening of these ties and of furthering the unity of African peoples have met and considered the union of the Republic of Tanganyika with the Peoples Republic of Zanzibar:
AND WHEREAS the Governments of the Republic of Tanganyika and of the Peoples'Republic of Zanzibar are desirous that the two Republics shall be united in one Sovereign Republic in accordance with the Articles hereinafter contained:-
It is therefore AGREED between the Governments of the Republic of Tanganyika and of the Peoples' Republic of Zanzibar as follows: -
(i) The Republic of Tanganyika and the Peoples' Republic of Zanzibar shall be united in one Sovereign Republic.
(ii) During the period from the commencement of the union until the Constituent Assembly provided for in Article (vii) shall have met and adopted a Constitution for the united Republic (hereinafter referred to as the interim period) the united Republic
(i! ii) to (vi).
shall be governed in accordance with the provisions of Articles
(iii) During the interim period the Constitution of the united Republic shall be the Constitution of Tanganyika so modified as to provide for-
(a) a separate legislature and executive in and for Zanzibar from time to time constituted in accordance with the existing law of Zanzibar and having exclusive authority within Zanzibar for matters other than those reserved to the Parliament and Executive of the united Republic;
(b) the offices of two Vice-Presidents one of whom (being. a person normally resident in Zanzibar) shall be the head of the aforesaid executive in and for Zanzibar and shall be the principal assistant of the President of the United Republic in the discharge of his executive functions in relation to Zanzibar;
(c) the representation of Zanzibar in the Parliament of the United Republic;
(d) such other matters! as may be expedient or desirable to give effect to the united Republic and to these Articles.
(iv) There shall reserved to the Parliament and Executive of the united Republic the following matters-
(a) The Constitution and Government of the united Republic.
(b) External Affairs.
(e) Emergency Powers.
(h) External Trade and Borrowing.
(i) The Public Service of the united Republic.
(j) Income Tax, Corporation Tax, Customs and Excise.
(k) Harbours, Civil Aviation, Posts and Telegraphs.
And the said Parliament and Executive shall have exclusive authority in such matters throughout and for the purposes of the united Republic and in addition exclusive authority in respect of all other matters in and for Tanganyika.
(v) The existing laws of Tanganyika and of Zanzibar shall remain in force in their respective territories subject-
(a) to any provision made hereafter by a competent legislature;
(b) to such provision as may be made by order of the President of the united Republic for the extension to Zanzibar of any law relating to any of the matters set out in Article (iv), and the revocation of any corresponding law of Zanzibar;
(c) to such amendments as may be expedient or desirable to give effect to the union and to these Articles.
(v) (a) The first President of the united Republic shall be Mwalimu Julius K. Nyerere and he shall carry on the Government of the united Republic in accordance with the provisions of these Articles and with the assistance of the Vice-Presidents aforesaid and of such other ministers and officers as he may appoint from Tanganyika and Zanzibar and their respective public services.
(b) The first Vice-President from Zanzibar to be appointed in accordance with the modifications provid! ed for in Article (iii) shall be Sheikh Abeid Karume.
(vii) The President of the united Republic: in agreement with the Vice-President who is head of the Executive in Zanzibar shall-
(a) Appoint a Commission to make proposals for a Constitution for the united Republic.
(b) Summon a Constituent Assembly composed of Representatives from Tanganyika and from Zanzibar in such numbers as they may determine to meet within one year of the commencement of the union for the purpose of considering the proposals of the Commission aforesaid and to adopt a Constitution for the united Republic.
(viii) These Articles shall be subject to the enactment of laws by the Parliament of Tanganyika and by the Revolutionary Council of the Peoples' Republic of Zanzibar in conjunction with the Cabinet of Ministers thereof, ratifying the same and providing for the Government of the united Republic and of Zanzibar in accordance therewith.
IN WITNESS WHERE Julius K. Nyerere, the President of the Republic of Tanganyika, and Abeid Karume the President of the Peoples' Republic of Zanzibar have signed these Articles, in duplicate, at Zanzibar, on this twenty-second day of April, 1964.
Passed in the National Assembly on the twenty-fifth day of April, 1964.
CCM IS STARTING TO FALL APART ?
he Chama Cha Mapinduzi (CCM) leadership in the district has criticised Kahama member of Parliament’s stance on the Union structure, saying that his statements to the media were his personal opinion, not Kahama residents’.The clarification was made in reaction to James Lembeli’s recent statement to the media that he and Kahama residents supported either three or one government Union structure, contrary to his party (CCM)’s stance of two government format.Yesterday, CCM publicity secretary for Kahama District, Mr Masoud Melimeli, held a press conference in his office and insisted that Lembeli’s statement did not represent the views of CCM members in Kahama.
However, majority Kahama residents, irrespective of their political ideologies, appear to support Lembeli’s view, which contravenes CCM’s preference of two governments, as propagated by the CCM district leaders in compliance with the official opposition of the ruling party.The position that CCM supports the two-tier government format has been chanted by the ruling party’s national leaders, including its chairman and country’s President Jakaya Kikwete.Mr Melimeli told journalists that because Lembeli’s statement contravened the party’s standpoint, the party in the district would hold a special meeting to discuss him, as a party member.
He stated that Mr Lembeli, as CCM lawmaker, ought to cooperate with other CCM leaders in campaigning for the two-government Union structure.“We will summon him so that we cooperate in educating the people on the significance of having the two-government Union structure, which is our party’s standpoint,” said Mr Melimeli.The publicity secretary acknowledged that Lembeli’s view had surprised CCM leaders despite the fact that he, like any other Constituent Assembly member, has the right to air his views in the ongoing constitution making process.Meanwhile, a cross section of residents interviewed separately by this reporter supported the three-government Union structure, as proposed in the second Draft Constitution, which calls for the restoration of Tanganyika.
For his party, CCM district secretary Alexandrina Katabi said, “I don’t want to initiate a public debate on Lembeli’s view. I don’t think that Mr Lembeli was wrong to declare his viewpoint, but I’m sure that the party’s national leaders heard him and would therefore deliberate on the matter.”However, speaking over the phone, Mr Lembele said, supporting the three-tier government Union doesn’t mean getting out of CCM, stressing that his views were known by CCM top leaders.