Kuruhusu serikali tatu zenye marais watatu kama ilivyoainishwa kwenye Rasimu ya Katiba, kimantiki ni kuruhusu mchakato wenye mtifuano wa kuvunja muungano. Rasimu ya Katiba inayopendekeza serikali tatu imeturudisha nyuma katika mwerekeo wa kuwa na serikali moja kwa sababu serikali mbili ilikuwa ni kianzio cha kueleke serikali moja.
Kuna uwezekano mkubwa kabisa kwa Rais wa Jamhuri wa Muungano kujikuta hana madaraka ya kiuongozi na kiutendaji katika Serikali ya Mapinduzi ya Zanzibar, Serikali ya Tanganyika au nchi zote kwa pamoja kutokana na matokeo ya kura yatakavyobainisha kwenye chaguzi kuu.
Pamoja na madaraka ya Rais kuainishwa vizuri katika Rasimu ya pili ya Katiba kwenye vipengele vya 71(2a-c), 72(1a-k), 72(2a-f), 72(3a-f) lakini katiba imeshindwa kuuelewa mfumo na uendeshaji wa vyama vya siasa nchini ambao kwa kiasi kikubwa ndiyo utatupatia Rais wa Jamhuri ya Muungano kupitia siasa zenye mizizi ya winner-take-all.
Kipengele cha 73(4) kimebainisha na kusema,
Kwa siasa zetu za Tanzania sioni kama Rais anaweza kuacha kujinasibisha na vyama vya siasa hasa ukichukulia kuwa mfumo au utaratibu wa vyama vya siasa uliojengeka ndani ya Katiba ya CCM ambao hata vyama vya upinzani vime copy & paste kwenye Katiba zao unamfanya Rais kiutaratibu kuwa Mwenyekiti au Katibu Mkuu wa chama anachotoka kwa maana nyingine, Rais ni mtendaji mkuu wa chama.
Kuna hatari kubwa ya kutokea mgongano kisera, taratibu na pia katika ilani ya uchaguzi ambapo matokeo yake yatakuwa ni kushindwa kuelewana kiutendaji ambapo ndiyo itakuwa mwanzo kusarambatika kwa muungano hasa pale wabunge wa Bunge la Katiba watakapopitisha rasimu kama ilivyo sehemu ya sita ya Rasimu ya Katiba kwenye kipengele cha 60(3) kinachosema,
Baada ya mchakato huu kukubaliwa, Kutakuwa na mchakato mwingine wa kuandika katiba za nchi mbili kwa sababu hata Katiba ya Zanzibar ilifanyiwa marekebisho ya muda mfupi ili kutoa nafasi kwa CUF kuingia kwenye serikali ya Zanzibar.
Kipengele hiki kinapanda na kupalilia sintofahamu na mkanganyiko mkubwa sana kiutendaji kama wananchi watavichagua vyama vikuu vitatu nchini kushika madaraka katika siasa za Tanzania ambazo msingi wake ni winner take all. Kutakuwa na mtafaruku wa kiongozi na kiutendaji hasa kama viongozi watakuwa pia ni viongozi wakuu na watendaji katika vyama vyao. Kama wananchi watachaguwa Rais wa Serikali ya Mapinduzi ya Zanzibar kutoka chama cha CUF, halafu Rais wa Serikali ya Tanganyika kutoka CCM na pia wananchi wakamchagua Rais wa Jamhuri ya Muungano kutoka CHADEMA au kwa vyovyote vile lakini isiwe kwa chama kimoja kushika serikali zote.
Kwa aina ya siasa tuliyonayo na pia ukichanganya na historia ya matendo na kauli za viongozi na wanasiasa wetu, utaona kuwa zote zinabainisha angalizo la kuwepo kwa mtafuruku katika utendaji. Mfano, CHADEMA wakiingia madarakani watataka kuvirudisha vitega uchumu vya CCM(nyumba, ofisi, viwanja n.k.), ambavyo vilipatikana kupitia kodi za wananchi wakati wa mfumo wa chama kimoja. Kufufua kisheria maswala ya kifisadi kama EPA, Richmond, n.k
Sioni kama hawa viongozi na wanasiasa wetu wataweza kufanya kazi kwa pamoja ili kuinufaisha jamii katika mstakabali wa muungano badala ya vyama vyao kama ilivyo kwa sasa kwa sababu Tanzania hatuna viongozi bali tuna wanasiasa ambao wao wanachoangalia ni next general election, hasa ikichukuliwa kuwa maswala makuu yanayounganisha mataifa haya mawili kwa undani ni matatu tu wakati siasa zetu zinachagizwa na winner take all.
Mambo hayo makuu matatu ni :-
1. Ulinzi na Usalama wa Jamhuri ya Muungano wa Tanzania.
2. Uraia na Uhamiaji.
3. Sarafu na Benki Kuu.
Mambo mengine ya Muungano kama Katiba na Mamlaka ya Jamhuri ya Muungano wa Tanzania, Mambo ya Nje, Usajili wa Vyama vya Siasa, Ushuru wa Bidhaa na mapato yasiyo ya kodi yatokanayo na
Mambo ya Muungano ni mambo mepesi sana kukatika katika mnyororo unaoshikiria Muungano
Matokeo ya sintofahamu hizo zinaweza kwa kiwango kikubwa kujikuta Rais wa Jamhuri wa Muungano anakosa madaraka (nguvu kiutendaji) kitu ambacho kitapelekea kuwa ndiyo mwanzo wa Muungano kuvunjika katika gharama kubwa kisiasa, kiuchumi na kijamii.
Kama Rasimu hii ya Katiba ikipitishwa kama ilivyo bila kufanyiwa marekebisho makubwa, basi ninauona muungano ukivunjika ndani ya gharama kubwa sana za kisiasa, kiuchumi na kijamii.
'Waswahili' wanasema, Ukipanda mbigiri usitegemee kuvuna sufi kwa maana kuwa, mchakato wa Katiba mpya tuliuanza vibaya, na tusitegemee tutaumaliza vizuri.
TANGANYIKA
No. 22 OF 1964
I ASSENT,
.
President
25TH APRIL, 1964
An Act to ratify the Articles of Union between the Republic of
Tanganyika and the People's Republic of Zanzibar, to provide
for the government of the United Republic and of Zanzibar,
to make provision for the Modification and Amendment of the
Constitution and Laws of Tanganyika for the purpose of giving
effect to the Union and the said Articles, and for matters
connected therewith and incidental thereto
[ ]
WHEREAS by Articles of Union entered into between the Government
of the Republic of Tanganyika and the Government of the People's
Republic of Zanzibar on the twenty-second day of April, 1964, it was
agreed that, subject to the enactment of laws by the Parliament of
Tanganyika and by the Revolutionary Council of the People's Republic
of Zanzibar acting in conjunction with the Cabinet Ministers thereof
ratifying the said Articles and providing for the Government of the
United Republic and of Zanzibar in accordance therewith, the said
Republics shall be united in one Sovereign Republic:
NOW THEREFORE BE IT ENACTED by the Parliament of Tanganyika:
1. This Act may be cited as the Union of Tanganyika and Zanzibar
Act, 1964, and this Act and the law of Zanzibar entitled the Union of
Zanzibar and Tanganyika Law, 1964, may be together cited as the
Acts of Union of Tanganyika and Zanzibar.
2. In this Act, unless the context otherwise requires- Interpreta- tion "existing law'' means the written and unwritten law as it exists
immediately before Union Day (including a law enacted or made
by any enactment or instrument passed or made before, and
coming into operation after, that day), but does not include the
Constitution of Tanganyika insofar as it provides for the government
of. the Republic of Tanganyika or any declaration or law,
J us K.
Short title
2 No. 22 Union of Tanganyika and Zanzibar 1964
or any provision thereof, which expires with effect from the
commencement of the interim Constitution;
''the interim Constitution'' means the constitution declared by section
5 to be the Constitution by which the United Republic is to be
governed during the interim period, as from time to time modified
or amended;
''the interim period'' means the period commencing on Union Day and
expiring immediately before the commencement of a Constitution
adopted by a Constituent Assembly in accordance with section
9;
''Union Day'' means the day following the day on which the Acts of
Union of Tanganyika and Zanzibar are enacted or, if they are
enacted on different days, the day following the day of the later
enactment.
3. The Articles of Union between the Governments of the Republic
of Tanganyika and the People's Republic of Zanzibar (which Articles
are set out in the Schedule to this Act) are hereby approved and ratified.
Ratification
of Articles
of Union
4. The Republic of Tanganyika and the People's Republic of
Zanzibar shall, upon Union Day and ever after, be united into one
Declaration
of the
United Sovereign Republic by the name of the United Republic of Tanganyika
and Zanzibar.
Republic
5. (1) Subject to the provisions of this section and to any Act
of the Parliament of the United Republic whereby the provisions of the
interim Constitution of the United Republic may be altered, the United
Republic shall be governed during the interim period in accordance
with the provisions of the Constitution of the Republic of Tanganyika
as so modified as to provideinterim
Constitution
of
the United
Republic
(a) for the reservation to the Parliament and Executive of the
United Republic of the following matters:-
(i) the Constitution and government of the United Republic,
(ii) External Affairs;
(iii) Defence;
(iv) Police;
(v) Emergency Powers;
(vi) Citizenship;
(vii) Immigration;
(viii) External trade and borrowing;
(ix) the Public Service of the United Republic;
(x) Income tax, corporation tax, customs and excise duties;
(xi) Harbours, civil aviation, posts and telegraphs;
and for the exclusive authority of the said Parliament and
Executive in such matters throughout and for the United Republic
and in all other matters in and for Tanganyika;
No. 22 Union of Tanganyika and Zanzibar 1964 3
(b) for a separate Legislature and Executive for Zanzibar constituted
in accordance with the existing law of Zanzibar (or as so varied
or replaced from time to time in accordance with such existing
law), and for the exclusive authority of the said Legislature
and Executive in and for Zanzibar in matters other than those
reserved, in accordance with paragraph (a) of this subsection, to
the Parliament and Executive of the United Republic;
(c) for the appointment of two Vice-Presidents of the United
Republic, one of whom shall be a person normally resident in
Zanzibar, and for such Vice-President to be the principal
assistant of the President of the United Republic in the discharge
of his executive functions in relation to Zanzibar and, under the
style of President of Zanzibar, to be the head of the aforesaid
Executive for Zanzibar;
(d) for the representation of Zanzibar in the Parliament of the
United Republic; and
(e) for such other matters as may be expedient or desirable to, give
effect, or enable effect to, be given, to the Union and to the
Articles of Union.
(2) The modifications to the Constitution of Tanganyika provided
for in subsection (1) of this section shall be made by Decree of the
President of the United Republic and the power of the said President
in that behalf may be exercised from time to time; and such Decrees,
and any amendments, variations or substitutions thereof made in the
like manner, shall have effect for the modification of the Constitution
of Tanganyika for the purposes of this section and for the alteration,
of the interim Constitution of the United Republic, notwithstanding
the provisions of section 35 of the said Constitutions.
(3) In this section-
(a) references to the Constitution of Tanganyika include references
to sections 3, 19, 20, 21, 23 and 26 of, and Parts I, II and III
of the Second Schedule to, the Republic of Tanganyika (Conse- CA, Act 2
quential, Transitional and Temporary Provisions) Act, 1962;
(b) references to an Act of the Parliament of the United Republic
by which the provisions of the interim Constitution may be
altered are references to an Act the Bill for which has been
passed in the manner prescribed by section 35 of the said interim
Constitution;
(c) references to the exclusive authority of the Parliament of the
United Republic or of the Legislature for Zanzibar shall not
be construed as precluding that Parliament or Legislature from
conferring on any person or authority the power to make
provisions in relation to matters within their respective authorities
which have the force of law or from conferring the force of
law on any such provisions made by any person or authority, and
references to the exclusive authority of the Executive of the United
Republic or of Zanzibar shall not be construed as precluding
a competent legislature from conferring or providing for the delegation
of functions in relation to matters within its authority upon
or to any other person or authority.
4 No. 22 Union of Tanganyika and Zanzibar 1964
6.-(1) The first President of the United Republic shall be Mwalimu
JULIUS KAMBARAGE NYERERE.
The
administration
of the
government (2) The first Vice-President appointed from Zanzibar in accordance
with the modifications provided for in paragraph (c) of subsection (1) of the
United
Republic of section 5 shall be Sheikh ABEID KARUME.
(3) On the commencement of the interim Constitution, the said
President shall make such provision for the constitution of offices in
the service of the United Republic, and for appointments to such
offices (including appointments by way of transfer of persons who,
immediately before Union Day held office in the service of the Republic
of Tanganyika or the People's Republic of Zanzibar) as he shall think
necessary or expedient.
No 7. On the commencement of the interim Constitution of the United
separate
constitution Republic, the Constitution of Tanganyika shall cease to have effect
for the government of Tanganyika as a separate part of the United
Tanganyika Republic.
for
8.-(1) Subject to the provisions of this section, on and after Union
Day the existing law of Tanganyika and of Zanzibar shall continue
to be the law in the territories of Tanganyika and of Zanzibar
respectively, save in so far as it is thereafter amended, modified,
repealed or revoked by competent authority or any provision thereof
expires, but shall be construed with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring it into
conformity with the Union of the two Republics and with the provisions
of the interim Constitution and of this Act; and for the avoidance of
The laws
of the
United
Republic
doubts it is hereby declared that the operation of the existing law on
and after Union Day in accordance with the provisions of this subsection,
shall not be affected by the cessation of the Constitution of
Tanganyika for the government of Tanganyika as a separate part of
the United Republic or by the amendment, modification, abrogation
or revocation of any declaration or law of Zanzibar under which the
existing law of Zanzibar was enacted or made.
(2) The President of the United Republic may, during the interim
period, by Decree-
(a) extend any existing law of Tanganyika which relates to any of
the matters set out in paragraph (a) of subsection (1) of section
5 to Zanzibar as part of the law thereof and repeal or revoke
any law of Zanzibar corresponding to, or inconsistent with, any
law so extended;
(b) make such amendments, adaptations and modifications (including
provisions for the construction of laws) to the existing law
of Tanganyika (including any such law extended to Zanzibar
under paragraph (a) of this subsection) as may appear to him
to be necessary or expedient for bringing the same into
conformity with the provisions of the interim Constitution or for
giving effect or enabling effect to be given to the Union;
(c) make such transitional, consequential and temporary provision in
respect of any of the matters set out in paragraph (a) of subsection
(1) of section 5, or in relation to the existing law of
Tanganyika, as may appear to him to be necessary or expedient
for giving effect or enabling effect to be given to the Union.
No. 22 Union of Tanganyika and Zanzibar 1964 5
(3) Where the President makes a Decree under this section in relation
to an Act of the Common Services Organization, that Decree shall have
effect so to amend that Act in and m relation to any person or matter
connected with the United Republic, or to any part thereof to which
the decree relates, notwithstanding any provisions of the Interpretation
and General Clauses Ordinance. Cap. 1
9.-(1) A Constituent Assembly summoned m accordance with the Constituent
Articles of Union shall have power to ratify and adopt a Constitution Assembly
for the government of the United Republic, to make provision consequential
on, and supplemental to, the new Constitution and to make
such other provision as the Constituent Assembly think fit, and such
powers may be exercised notwithstanding any power in that behalf
vested in the Parliament of the United Republic or in the Legislature
for Zanzibar.
(2) The provisions of the Constituent Assembly shall be made in
such form and manner as may be prescribed by decree of the President
of the United Republic, acting with the agreement of the Vice-
President who is the head of the Executive for Zanzibar, and when so
made shall have the force of law throughout the United Republic, or
such parts thereof as may be specified therein, and may be cited as Acts
of the Constituent Assembly.
(3) Subject to any Act of the Constituent Assembly, nothing in this
section shall be construed as affecting the exercise by the Parliament
of the United Republic, or the National Assembly of the Parliament
their respective functions under any law in force during the continuance
of the interim Constitution.
(4) On the commencement of a Constitution adopted by the
Constituent Assembly, the power to summon a Constituent Assembly
and the powers of the Constituent Assembly to make any provision
which it is empowered to make under the Articles of Union or this
Act shall expire.
10.-(l) Decrees of the President of the United Republic made in Decrees
accordance with the provisions of this Act- of the
President
(a) shall be published in the Gazette of the United Republic and
shall be laid before the National Assembly of the Parliament of
the United Republic;
(b) shall have effect as if enacted in this Act;
(c) may provide for the making of rules, orders and schemes
thereunder and for the delegation of powers.
(2) The provisions of paragraph (a) shall not affect the operation
of any Decrees of the President of the United Republic prior to the
date on which they are laid before the said National Assembly, but
subject to the foregoing, the provisions of section 27 of the Interpretation
and General Clauses ordinance shall apply in relation to such
Decrees.
6 No. 22 Union of Tanganyika and Zanzibar 1964
THE SCHEDULE
THE ARTICLES OF UNION
between
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 association 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
(iii) 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.
(c) Defence.
(d) Police.
(e) Emergency Powers.
(f) Citizenship.
(g) Immigration.
(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.
No. 22 Union of Tanganyika and Zanzibar 1964 7
(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 provided 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 RevolutionaCryouncil 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.
Clerk of the National Assembly
I hereby certify that the Bill for this Act was passed by the National
Assembly in accordance with the provisions f
Constitution.
on 35 of the
25th April, 1964
----- - Printed by the Government Printer, Dar es Salaam.
