nnaendelea kuweka ushahidi mwengine unaonyesha jinsi gani serikali ya mapinduzi ilivyoendeshwa bila ya sheria hadi wakati wa jumbe pia nitaweka attachement ya source ninayatolea ushahidi
II. ZANZIBAR:
A BACKGROUND TO THE CONSTITUTIONAL REGIME
2.1 From 1832 to 1984: Colonial Heritage, Revolution and
Union
Zanzibar consists of two main islands, Unguja and Pemba that
together comprise 2,332 square kilometers, with the former making up
67% and the latter 37% of the total land area. With a population of
979,637 people according to the 2002 census, Zanzibar is united by a
common language, Kiswahili that is spoken by all and is both the
lingua franca and the language of official business on the island.
Zanzibar was the main center of Arab trade on the East African coast
since the 7th Century A.D. In 1832, Sultan Seyyid Said, the ruler of
Oman and Zanzibar transferred his capital from Muscat to Zanzibar,
thereby establishing a permanent physical presence on the island. In
1890, Zanzibar became a British Protectorate, with the British in
charge of all key political and administrative matters, while the Sultan
remained the symbolic head of state. In 1914, a Protectorate Council
was formed with the Sultan as President and the British Resident as
the Vice President, although as was typical with all colonial
arrangements of indirect rule, the colonial power was the entity in
control. In 1926, the Legislative and Executive Council were formed,
although representative issues relating to the Arab and African
populations illustrated once again, that real power lay with the British.As was the case with the other East African countries, nationalist
politics witnessed an upsurge during the post-Second World War
period. The first political party to be formed on the island was the
Zanzibar Nationalist Party (ZNP), that was established in 1955. It was
followed in 1957 by the Afro Shirazi Party (ASP). The two parties
enjoyed almost equal political support among the electorate. The 1957
elections were won by ASP. However due to significant
gerrymandering by the Protectorate Government, in 1961 and 1963,
KCK - Zanzibar: Constitutionalism and Political Stability Muafaka and the Search for a New Vision 10
ZNP (together with a minor party, the Zanzibar and Pemba Peoples
Party (ZPPP) garnered more parliamentary seats and thus came to
dominate the legislature. As a matter of fact, ASP secured an overall
majority of votes and thus should have formed the government that led
the islands to self-government and eventually to independence. Once
again, the intent of the British government was not to allow genuine
democracy to prevail, but instead to force a situation in which its
strategic and other interests were protected.Zanzibar gained independence on 10th December 1963 from the
British and its Independence Constitution followed the Westminster
model of government. Executive powers were vested in the Sultan, as
head of state, while a Prime Minister appointed by the Sultan on the
advice of the British Resident was head of government. Legislative
power was enshrined in the Parliament consisting of the Sultan and a
National Assembly of not more than 31 members who had been
elected by adult suffrage. The constitution contained a bill of rights
and particularly provided for protection against slavery and forced
labour.However, this arrangement did not last long. The independence
government was overthrown on January 12th 1964 through the
Zanzibar revolution, which led to the ouster of the Sultan and his
forcible exile. The Revolutionary Council revoked the 1963
independence Constitution and proceeded to govern Zanzibar under
Presidential Decrees, the most prominent being Decree No. 5/1964
entitled Constitutional Government and the Rule of Law and No.
6/1964, entitled Equality, Reconciliation and Unity of Zanzibar
People. All democratic institutions, political parties, trade unions, and
other civil society organizations were abolished. The President was
vested with absolute powers while legislative and judicial powers
were entrusted to the Revolutionary Council. Sheik Abeid Amani
Karume became the first President of post-revolutionary Zanzibar. On
26th April 1964, the Union between Tanganyika and Zanzibar was
formed, leading to the creation of the United Republic of Tanzania,
11 KCK - Zanzibar: Constitutionalism and Political Stability Muafaka and the Search for a New Vision
with Mwalimu Julius K. Nyerere as President, and Karume as first
Vice President. In many respects, both the circumstances under which
the Union was created, as well as the manner in which it has
progressed since that time have been definitive in shaping the
constitutional and governance issues that affect Zanzibar. Coming to
terms with what the Union has meant, and its impact on
constitutionalism and governance in Zanzibar is thus a critical entry
point for an understanding of contemporary conditions on the Islands.
President Karume was assassinated in April 1972 and was succeeded
by Aboud Jumbe. President Jumbe amended the ASP (i.e the Ruling
Party) Constitution by placing the Revolutionary Council under the
Party, although it retained its powers to appoint the president, cabinet,
legislature and judiciary. Furthermore, Jumbe strengthened the
political, security, and military links with the Mainland. This
culminated in the 1977 merger of ASP and TANU to form CCM, as
the single governing party for both the Mainland and the Islands.
In 1979, President Jumbe introduced the first post-revolution
constitution for Zanzibar, entitled Katiba ya Serikali ya Mapinduzi.The new constitution did the following:
a) It mandated separation of powers by establishing distinct organs
of state power. In particular, it separated the legislature from the
Revolutionary Council. The House of Representatives had power
to legislate over all matters of Zanzibar and to supervise
government activities by way of parliamentary debate. The
judiciary was made independent from the Revolutionary
Council, and
b) Established elections by universal adult suffrage of the President
of Zanzibar instead of being elected by the Revolutionary
Council. Furthermore, the President had to win by at least 50%
of the votes cast in the election.
KCK - Zanzibar: Constitutionalism and Political Stability Muafaka and the Search for a New Vision 12
In 1980, the first elections since the 1964 revolution were held for the
President of Zanzibar. Under the single party system then in existence,
there was only a single candidate. Although a clearly limited
franchise, this certainly represented an improvement since prior to that
time, there had never been any elections for the presidency in
Zanzibar. Voting was only done for the President of the Union. In
January 1984, President Jumbe was forced to resign in part due to his
proposal for a three tier government for the Union, i.e. a government
for the Union, and separate governments for Tanzania Mainland and
the Zanzibar islands.
Following Aboud Jumbes resignation, Ali Hassan Mwinyi was
nominated as interim President, and subsequently elected as sole
candidate with a vote of 87.5% of the electorate. Under Mwinyi,
political freedoms in Zanzibar improved, as did civil liberties and
respect for human rights, albeit under a single party system.
Soon after Mwinyis election in 1984, many Zanzibaris called for a
referendum on the Union. Instead, the Zanzibar government
introduced a new constitution, entitled Katiba ya Zanzibar which was
passed by the Zanzibar Constituent Assembly on 9th October 1984 and
came into force on 1st January 1985. This Constitution introduced a
Bill of Rights for the first time since 1964. In 1985, Zanzibars
President Mwinyi succeeded Nyerere as the Union President. Idris
Abdul Wakil succeeded Mwinyi as the President of Zanzibar.
2.2 The Nyalali Commission of 1991 and its Implications for
Zanzibar
The Presidential Commission on Single Party or Multiparty System in
Tanzania, 1991 popularly known as the Nyalali Commission, was
established in February 1991, by President Mwinyi and inaugurated in
March 1991. It was constituted of 22 Commissioners, with equal
membership of ten members each from both the Mainland and the