Mbute na chai
JF-Expert Member
- Jul 21, 2012
- 564
- 593
Samahani ninaomba nitumie lugha ya Kiingereza kwa sababu ya technicalities of legal language:
Constitution was conceptualised as the arrangement of sovereign offices in the State (Aristotle, III.6.1278b8-10; cf. IV.1.1289a15-18). This arrangement owes its legitimacy to the citizens, i.e, it is from the will of the people the structure, form and the content of the arrangement is shaped. But Aristotle's concept of constitution seems to confine the term to concern only State hence doing away with other non-state bodies' form of organising themselves. With regard to this loophole constitution can therefrom be broadly conceived as the entirety of a ruling system established by the consensual will of people by which to be ruled, whether codified or non. This applies to both, States and non-states entities.
Now in Tanzania this system began in 1920 subsequent to Vassaile Peace Treaty (1919) when Britain formally ruled Tanganyika under the then called British Mandate for East Africa. The Mandate document had same authority as constitution in Tanganyika as legislative powers were established under the Articles of the Treaty herein mentioned. While acting on the conferred authority, the British Mandate and the English Foreign Jurisdiction Act of 1820 issued the Tanganyika Orders in Council on 22 July 1920 which officially described the territory as TANGANYIKA. The Tanganyika Orders in Council appointed the governor and commander in-chief (see Article 4), whereas Article 13 of the Orders empowered the governor to assume legislative functions in the territory and Article 13 sub-article (9) permitted the incorporation of the Iaws of Protectorate such as Indian U.K into those of the Orders, however, there were exceptions.
Tanganyika Orders in Council can therefore be regarded as constitution because it emanated from the consensual will of people obtained from the Vassaile Peace Treaty but unfortunately the Orders did not involve any Tanganyikan indigenous in their ab original setting hence making it lack legitimacy to Tanganyikans by then.
The 1961 Tanganyikan constitution resulted from the Tanganyika Orders in Council passed by Westminster to grant independence to Tanganyika, however, the 1961 Tanganyikan Constitution set up involved very few Tanganyikans such as Julius Kambarage Nyerere and Kambono. This made many people in Tanganyika lack the crucial idea of constitution and constitutionalism.
The 1962, Republican Constitution, like the 1961 Constitution, involved a limited number of citizenry participation in its making as only 71 members from National Assembly under TANU were incorporated. This perpetuated the trend of most Tanganyikans not having the crucial idea of constitution hence forfeiting their basic rights.
In 1964, the Union Constitution, like the two mentioned above, did not involve adequate number of citizenry participation as the articles of the Union and [Interim Constitution (1965)] was the result of the discussion of the two leaders from both sides, Tanganyika and Zanzibar. There was no referendum and this as stalwart support to the three mentioned above Constitutions cemented to the majority of people ignorance of the idea of constitution
The 1977, the permanent Constitution also involved the citizens but not to the extent of their better understanding of the constitution. This also paved the landmarkism to the empty-headed as far as idea of constitution is concerned.
With the brief intact treatise above, it needs time to generate sustainable awareness of constitution and constitutionalism to Tanzanians if we are determined to obtaining pure popularly consensualised constitution that will have a great legitimacy.
The new Constitution making process failed to observe this inasmuch as the past six constitutions, including Tanganyika Orders in Council, took to existence regardless to whether the citizens have or have not the thorough knowledge of constitution. Thanks God we now have a considerable number of elites but sadly writing, Honourable retired Chief-Justice, Sinde Warioba, without showing any reasonable reason, together with his commission members have visibly avoided the interaction with these elites such as university students. Good example is when his team camped at Nsumba secondary school in Mwanza and abandoned the St. Augustine University which is adjacent to that school.
Yes, there may be people of high integrity and profession in the field in question, as we have obviously seen their massive involvement in this making of the new constitution. So now their ideas have been brought to us to say yes or no. But how can you say says or no to what you do not have knowledge of?
The texture of the draft of the new constitution may seem good, but does it have legitimacy from the people?
Constitution was conceptualised as the arrangement of sovereign offices in the State (Aristotle, III.6.1278b8-10; cf. IV.1.1289a15-18). This arrangement owes its legitimacy to the citizens, i.e, it is from the will of the people the structure, form and the content of the arrangement is shaped. But Aristotle's concept of constitution seems to confine the term to concern only State hence doing away with other non-state bodies' form of organising themselves. With regard to this loophole constitution can therefrom be broadly conceived as the entirety of a ruling system established by the consensual will of people by which to be ruled, whether codified or non. This applies to both, States and non-states entities.
Now in Tanzania this system began in 1920 subsequent to Vassaile Peace Treaty (1919) when Britain formally ruled Tanganyika under the then called British Mandate for East Africa. The Mandate document had same authority as constitution in Tanganyika as legislative powers were established under the Articles of the Treaty herein mentioned. While acting on the conferred authority, the British Mandate and the English Foreign Jurisdiction Act of 1820 issued the Tanganyika Orders in Council on 22 July 1920 which officially described the territory as TANGANYIKA. The Tanganyika Orders in Council appointed the governor and commander in-chief (see Article 4), whereas Article 13 of the Orders empowered the governor to assume legislative functions in the territory and Article 13 sub-article (9) permitted the incorporation of the Iaws of Protectorate such as Indian U.K into those of the Orders, however, there were exceptions.
Tanganyika Orders in Council can therefore be regarded as constitution because it emanated from the consensual will of people obtained from the Vassaile Peace Treaty but unfortunately the Orders did not involve any Tanganyikan indigenous in their ab original setting hence making it lack legitimacy to Tanganyikans by then.
The 1961 Tanganyikan constitution resulted from the Tanganyika Orders in Council passed by Westminster to grant independence to Tanganyika, however, the 1961 Tanganyikan Constitution set up involved very few Tanganyikans such as Julius Kambarage Nyerere and Kambono. This made many people in Tanganyika lack the crucial idea of constitution and constitutionalism.
The 1962, Republican Constitution, like the 1961 Constitution, involved a limited number of citizenry participation in its making as only 71 members from National Assembly under TANU were incorporated. This perpetuated the trend of most Tanganyikans not having the crucial idea of constitution hence forfeiting their basic rights.
In 1964, the Union Constitution, like the two mentioned above, did not involve adequate number of citizenry participation as the articles of the Union and [Interim Constitution (1965)] was the result of the discussion of the two leaders from both sides, Tanganyika and Zanzibar. There was no referendum and this as stalwart support to the three mentioned above Constitutions cemented to the majority of people ignorance of the idea of constitution
The 1977, the permanent Constitution also involved the citizens but not to the extent of their better understanding of the constitution. This also paved the landmarkism to the empty-headed as far as idea of constitution is concerned.
With the brief intact treatise above, it needs time to generate sustainable awareness of constitution and constitutionalism to Tanzanians if we are determined to obtaining pure popularly consensualised constitution that will have a great legitimacy.
The new Constitution making process failed to observe this inasmuch as the past six constitutions, including Tanganyika Orders in Council, took to existence regardless to whether the citizens have or have not the thorough knowledge of constitution. Thanks God we now have a considerable number of elites but sadly writing, Honourable retired Chief-Justice, Sinde Warioba, without showing any reasonable reason, together with his commission members have visibly avoided the interaction with these elites such as university students. Good example is when his team camped at Nsumba secondary school in Mwanza and abandoned the St. Augustine University which is adjacent to that school.
Yes, there may be people of high integrity and profession in the field in question, as we have obviously seen their massive involvement in this making of the new constitution. So now their ideas have been brought to us to say yes or no. But how can you say says or no to what you do not have knowledge of?
The texture of the draft of the new constitution may seem good, but does it have legitimacy from the people?