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`Constitutional review bill violates Union pact`
By The guardian team
9th April 2011
Comments
Makinda says politicians�behind chaos at hearings
Youths doze off during the second day of a public hearing on the planned review of Tanzania`s Constitution in Dar es Salaam yesterday. The reason for the nap was not immediately established. (Photo: Selemani Mpochi)
Public hearings on the constitutional review bill entered the second day yesterday with more people questioning the motive behind the rush some saying the move has violated the Union pact.
In Zanzibar where the hearings started yesterday, some government leaders, political parties' representatives as well as House of Representatives members expressed indication that the constitutional review bill cannot be taken wholly as it stands.
Isles Constitutional Affairs and Justice Minister Abubakar Khamis Bakari said the bill has violated the basic agreement of the Union and called on the Speaker of the National Assembly to remove it from the table.
He said according to the Union pact anything warranting to be added or removed from ‘matters of the Union' must be discussed by both parties.
Under the prevailing circumstances, he observed Zanzibar has been sidelined right from the start because discussions have started without Zanzibaris being involved from the very beginning.
For his part, Zanzibar Attorney General Othman Masoud Othman said the bill needed minor reworking before being tabled.
Isles Agriculture and Natural Resources minister Mansour Yussuf Himid said the Zanzibar government has not been involved in the process as from the start, observing that asking the Islanders to air their views now amounted to ‘duping' them.
In Dar es Salaam, those who turned out to air their views at the Karimjee Hall said they did not want to be rushed on the issue and were opposed to the idea of taking the bill to Parliament under certificate of urgency.
"What is so urgent in the constitutional review that calls for all this rush? asked Leonard Lupilia, who identified himself as a student.
The hostile atmosphere experienced on Thursday when a group of rowdy youths booed at speakers who appeared not to agree with the review bill, was repeated yesterday prompting Singida East MP Tundu Lissu to walk out of the debating hall.
Addressing an impromptu press conference at the sidelines of the public hearings, Lissu said it is wrong to have only three debating stations namely, Dar es Salaam, Dodoma and Zanzibar and conclude that the views of over 40 million Tanzanians have been taken on board.
"Unfortunately, there are people who are bent on turning the Parliament into a rubber stamp. That is why they are out to manipulate the constitutional reform process by not listening to the public outcry that the entire work requires time," Lissu said.
The constitutional review is intended to examine consistency and compatibility of the existing constitution with regard to sovereignty, the polity, democracy and good governance in the United Republic.
Meanwhile Speaker of the National Assembly Anne Makinda yesterday accused politicians of creating chaos and disrupting on-going public hearings of the constitutional review, to advance their personal interests.
Makinda's intervention comes in the wake of the fierce confrontations during the hearings in Dodoma and Dar es Salaam on Thursday, forcing armed police to use live bullets and tear gas to disperse thousands of residents who were denied chance to contribute their views.
"These are important forums allowing the public to have their inputs on the draft constitutional Bill-2011, but some politicians are misusing this opportunity," the Speaker clarified as she adjourned the House in Dodoma yesterday.
"These politicians are using the forums as tools to gain political popularity by inciting people to disrupt public debate," Makinda added.
She criticised the politicians instigating members of the public to object the contents of the draft bill by embarking on confrontation instead of contributing their views decently through the public hearings or submitting written comments to the House committee coordinating public opinions collection.
The Parliament, one of the three state pillars, tasked its Commission on Constitution, Justice and Good Governance to collect public views on the Constitutional Review Bill, she said, insisting that politicians and members of the public are required to contribute their views instead of disrupting the entire process.
"This has been done in accordance with the legal powers vested on the Parliament…but if they make their comments through the right channels, members of the public can completely change the contents of the draft document," said the Speaker.
"This is just the draft constitutional review document, which is meant to lay down grounds for the constitutional review process-composition of the commission that would facilitate collection of public views on the new constitution, commission's terms of reference and other related aspects. We are not debating the content of the country's constitution," she clarified.
Without mentioning specific individuals, Makinda blamed politicians for being behind the reported chaos during public hearings on constitutional bill review in Dodoma and Dar es Salaam, saying: "These people and their acts must be condemned."
Speaking to reporters outside the House debate chamber, Leader of the Opposition camp in Parliament and Chadema National Chairman Freeman Mbowe, said his party plans to conduct demonstrations countrywide to press the government to halt what it called fast tracking approach to the constitutional review process.
Already, he said, the opposition had informed their leaders and members across the nation on the planned demonstration, noting that "if the government suspends endorsement of the draft next week, Chadema will also suspend the planned demonstrations."
"The fate of over 44 million Tanzanians cannot be decided by few Tanzanians in Zanzibar, Dodoma and Dar es Salaam," he said.
The draft Bill, according to a clarification issued recently in the august House by Justice and Constitutional Affairs minister Celina Kombani, seeks to kick-start the constitutional review process and not to enact the country's constitution.
SOURCE: THE GUARDIAN
By The guardian team
9th April 2011
Comments
Youths doze off during the second day of a public hearing on the planned review of Tanzania`s Constitution in Dar es Salaam yesterday. The reason for the nap was not immediately established. (Photo: Selemani Mpochi)
Public hearings on the constitutional review bill entered the second day yesterday with more people questioning the motive behind the rush some saying the move has violated the Union pact.
In Zanzibar where the hearings started yesterday, some government leaders, political parties' representatives as well as House of Representatives members expressed indication that the constitutional review bill cannot be taken wholly as it stands.
Isles Constitutional Affairs and Justice Minister Abubakar Khamis Bakari said the bill has violated the basic agreement of the Union and called on the Speaker of the National Assembly to remove it from the table.
He said according to the Union pact anything warranting to be added or removed from ‘matters of the Union' must be discussed by both parties.
Under the prevailing circumstances, he observed Zanzibar has been sidelined right from the start because discussions have started without Zanzibaris being involved from the very beginning.
For his part, Zanzibar Attorney General Othman Masoud Othman said the bill needed minor reworking before being tabled.
Isles Agriculture and Natural Resources minister Mansour Yussuf Himid said the Zanzibar government has not been involved in the process as from the start, observing that asking the Islanders to air their views now amounted to ‘duping' them.
In Dar es Salaam, those who turned out to air their views at the Karimjee Hall said they did not want to be rushed on the issue and were opposed to the idea of taking the bill to Parliament under certificate of urgency.
"What is so urgent in the constitutional review that calls for all this rush? asked Leonard Lupilia, who identified himself as a student.
The hostile atmosphere experienced on Thursday when a group of rowdy youths booed at speakers who appeared not to agree with the review bill, was repeated yesterday prompting Singida East MP Tundu Lissu to walk out of the debating hall.
Addressing an impromptu press conference at the sidelines of the public hearings, Lissu said it is wrong to have only three debating stations namely, Dar es Salaam, Dodoma and Zanzibar and conclude that the views of over 40 million Tanzanians have been taken on board.
"Unfortunately, there are people who are bent on turning the Parliament into a rubber stamp. That is why they are out to manipulate the constitutional reform process by not listening to the public outcry that the entire work requires time," Lissu said.
The constitutional review is intended to examine consistency and compatibility of the existing constitution with regard to sovereignty, the polity, democracy and good governance in the United Republic.
Meanwhile Speaker of the National Assembly Anne Makinda yesterday accused politicians of creating chaos and disrupting on-going public hearings of the constitutional review, to advance their personal interests.
Makinda's intervention comes in the wake of the fierce confrontations during the hearings in Dodoma and Dar es Salaam on Thursday, forcing armed police to use live bullets and tear gas to disperse thousands of residents who were denied chance to contribute their views.
"These are important forums allowing the public to have their inputs on the draft constitutional Bill-2011, but some politicians are misusing this opportunity," the Speaker clarified as she adjourned the House in Dodoma yesterday.
"These politicians are using the forums as tools to gain political popularity by inciting people to disrupt public debate," Makinda added.
She criticised the politicians instigating members of the public to object the contents of the draft bill by embarking on confrontation instead of contributing their views decently through the public hearings or submitting written comments to the House committee coordinating public opinions collection.
The Parliament, one of the three state pillars, tasked its Commission on Constitution, Justice and Good Governance to collect public views on the Constitutional Review Bill, she said, insisting that politicians and members of the public are required to contribute their views instead of disrupting the entire process.
"This has been done in accordance with the legal powers vested on the Parliament…but if they make their comments through the right channels, members of the public can completely change the contents of the draft document," said the Speaker.
"This is just the draft constitutional review document, which is meant to lay down grounds for the constitutional review process-composition of the commission that would facilitate collection of public views on the new constitution, commission's terms of reference and other related aspects. We are not debating the content of the country's constitution," she clarified.
Without mentioning specific individuals, Makinda blamed politicians for being behind the reported chaos during public hearings on constitutional bill review in Dodoma and Dar es Salaam, saying: "These people and their acts must be condemned."
Speaking to reporters outside the House debate chamber, Leader of the Opposition camp in Parliament and Chadema National Chairman Freeman Mbowe, said his party plans to conduct demonstrations countrywide to press the government to halt what it called fast tracking approach to the constitutional review process.
Already, he said, the opposition had informed their leaders and members across the nation on the planned demonstration, noting that "if the government suspends endorsement of the draft next week, Chadema will also suspend the planned demonstrations."
"The fate of over 44 million Tanzanians cannot be decided by few Tanzanians in Zanzibar, Dodoma and Dar es Salaam," he said.
The draft Bill, according to a clarification issued recently in the august House by Justice and Constitutional Affairs minister Celina Kombani, seeks to kick-start the constitutional review process and not to enact the country's constitution.
SOURCE: THE GUARDIAN
