Tanzania is an African country located on the shores of the Indian Ocean, sharing a border with Uganda, Kenya, Mozambique, Malawi, Zambia, Rwanda, Burundi, Democratic Republic of the Congo. The population of this country is approx 6,74,62,000 with 9,47,303 square kilometers area. Tanzania is home to over 120 ethnic communities, and about 130 languages are spoken. The national language is Swahili, which is essentially the lingua franca. Tanzania is one of the most linguistically diverse countries in the world. English is used in foreign trade, diplomacy, high court, and as the medium of instruction in secondary and higher education. About 63% of the population are Christian and 34% are Muslim.
Every person has the right to take legal action in accordance with the procedures prescribed by law to ensure the protection of the Constitution and the laws of the State. Every member of Parliament shall be required to submit to the Speaker a formal declaration of his property and the property of his or her spouse.
These are positive aspects. Now let's discuss the negative aspects.
Zanzibar is a part of Tanzania, which is basically a few islands. That is, the mainland is Tanzania, and Zanzibar is a small inhabited place located in the sea. This Zanzibar became a British protectorate in 1890, and gained independence in 1963. Then in 1964, Zanzibar was merged with Tanzania. Although Zanzibar is part of Tanzania, it is a semi-autonomous region. It has its own government, president and parliament. It is a dual system of government. Zanzibar has a separate Zanzibar constitution, which is only effective in the Zanzibar region. It is another state within a state.
Articles 145 and 146 of the Tanzanian constitution mention the local government system. Where is the problem if such a system is implemented in Zanzibar? Compared to the current strange system, it is right to be a completely separate state. Either the "one state, one parliament, one law" principle in the whole of Tanzania, or a separate state - this is the effective political solution. But another state within a state - this is a sick political system.
It should be noted that the area of the entire Tanzania is 9,47,303 square kilometers, and the area of Zanzibar is only 2,462 square kilometers.
Admirable Articles of Tanzania's Constitution
3. Declaration of multi party state
1. The United Republic is a democratic, secular and socialist state which adheres to multi-party democracy.
2. All matters pertaining to the registration and administration of political parties in the United Republic shall be governed by the provisions of this Constitution and of a law enacted by Parliament for that purpose.
12. Equality of human beings
1. All human beings are born free, and are all equal.
2. Every person is entitled to recognition and respect for his dignity.
14. Right to life
Every person has the right to live and to the protection of his life by the society in accordance with law.
18. Freedom of expression
Every person -
1. has a freedom of opinion and expression of his ideas;
2. has a right to seek, receive and, or disseminate information regardless of national boundaires;
3. has the freedom to communicate and a freedom with protection from interference from his communication;
4. has a right to be informed at all times of various important events of life and activities of the people and also of issues of importance to the society.
19. Right to freedom of religion
1. Every person has the right to the freedom to have conscience, or faith, and choice in matters of religion, including the freedom to change his religion or faith.
2. Protection of rights referred to in this Article shall be in accordance with the provisions prescribed by the laws which are of importance to a democratic society for security and peace in the society, integrity of the society and the national coercion.
3. In this Article reference to the word “religion” shall be construed as including reference to religious denominations, and cognate expressions shall be construed accordingly.
20. Person’s freedom of association
1. Every person has a freedom, to freely and peaceably assemble, associate and cooperate with other persons, express views publicly and to form and join with associations or organisations formed for purposes of preserving or furthering his beliefs or interests or any other interests.
2. Notwithstanding the provisions of subarticles (1) and (4), it shall not be lawful for any political entity to be registered which according to its constitution or policy—
a. aims at promoting or furthering the interests of:
i. any religious faith or group;
ii. any tribal group, place of origin, race or gender;
iii. only a particular area within any part of the United Republic;
b. advocates for the break-up of the United Republic;
c. accepts or advocates for the use of force or violent confrontation as means of attaining its political goals;
d. advocates or intends to carry on its political activities in only one part of the United Republic;
e. does not permit periodic and democratic election of its leaders.
3. Parliament may enact legislation which makes provisions for ensuring that political parties operate within the limits and adhere to the conditions set out in subarticle (2) concerning the freedom and the right of persons to associate and assemble.
4. It shall be unlawful for any person to be compelled to join any association or organization, or for any association or any political party to be refused registration on grounds solely the ideology or philosophy of that political party.
22. Right to work
1. Every person has the right to work.
2. Every citizen is entitled to equal opportunity and right on equal terms to hold any office or discharge any function under the state authority.
23. Right to just remuneration
1. Every person, without discrimination of any kind, is entitled to remuneration commensurate with his work, and all persons working according to their ability shall be remunerated according to the measure and nature of the work done.
2. Every person who works is entitled to just remuneration.
26. Duty to abide by the laws of the land
1. Every person has the duty to observe and to abide by this Constitution and the laws of the United Republic.
2. Every person has the right, in accordance with the procedure provided by law, to take legal action to ensure the protection of this Constitution and the laws of the land.
70. Members to submit statement of property
1. Every Member of Parliament shall be required to submit to the Speaker two copies of a formal statement regarding his property and the property of his spouse. The statement shall be made on a special form prescribed by a law enacted by Parliament and shall be submitted from time to time as shall be directed by such law.
2. The Speaker shall transmit to the Ethics Commissioner, a copy of every formal statement submitted to him in accordance with the provisions of this Article.
3. Parliament may enact legislation for the purposes of making provisions designed for the protection of the statement of property submitted by a Member of Parliament in accordance with the provisions of this Article and to ensure that persons unauthorized or not concerned do not get the opportunity to see the statement of property or to know its contents.
Facts of Tanzania's Constitution
2. The territory of the United Republic
1. The territory of the United Republic consists of the whole of the area of Mainland Tanzania and the whole of the area of Tanzania Zanzibar, and includes the territorial waters.
2. For the purpose of the efficient discharge of
the functions of the Government of the United Republic or of the
Revolutionary Government of Zanzibar, the President may, in accordance
with the procedures prescribed by law or provisions of such law as may
be enacted by Parliament, divide the United Republic into regions,
districts and other areas:
Provided that the President shall
first consult with the President of Zanzibar before dividing Tanzania
Zanzibar into regions, districts or other areas.
61. Regional Commissioners (Part of it)
● There shall be a Regional Commissioner for each region within the United Republic who, subject to subarticle (3), shall be a leader in the Government of the United Republic.
● Regional Commissioners in Mainland Tanzania shall be appointed by the President, after consultation with the Prime Minister.
● Regional Commissioners in Tanzania Zanzibar shall be appointed by the President of Zanzibar, after consultation with the President.
54. Cabinet (Part of it)
● There shall be a Cabinet the members of which shall be the Vice-President, the Prime Minister, the President of Zanzibar, and all the Ministers.
64. Legislative power (Part of it)
● Legislative power in relation to all Union Matters and also in relation to all other matters concerning Mainland Tanzania is hereby vested in Parliament.
● Legislative power in Tanzania Zanzibar over all matters which are not Union Matters is hereby vested in the House of Representatives.
● Where any law enacted by the House of Representatives concerns any matter in Tanzania Zanzibar which is within the legislative jurisdiction of Parliament, that law shall be null and void, and likewise if any law enacted by Parliament concerns any matter which is within the legislative jurisdiction of the House of Representatives that law shall be null and void.
97. How to legislate
1. Subject to the provisions contained in this Constitution, the National Assembly shall exercise its legislative power through the process of debating and passing Bills which eventually shall have to be assented to by the President, and a Bill shall not become law unless it is so passed by the National Assembly and assented to by the President in accordance with the provisions of this Article.
2. After a Bill is presented to the President for his assent, the President may either assent to the Bill or withhold his assent, and in the event the President withholds his assent to a Bill, he shall return it to the National Assembly together with a statement of his reasons for withholding his assent to the Bill.
3. After a Bill is returned to the National Assembly pursuant to the provisions of this Article, it shall not be presented again to the President for his assent before the expiration of six months since it was so returned, except if at the last stage in the National Assembly before it is again presented to the President it is supported by the votes of not less than two-thirds of all the Members of Parliament.
4. If a Bill is returned to the National Assembly by the President, and it is then supported in the National Assembly by not less than two-thirds of all Members of Parliament as provided in subarticle (3) and it is presented a second time to the President for assent within six months of its being so returned, then the President shall be obliged to assent to the Bill within twenty-one days of its being presented to him, otherwise he shall have to dissolve Parliament.
5. The provisions contained in this Article or in Article 64 of this Constitution shall not prevent Parliament from enacting laws making provisions conferring on any person or department of Government the power to make regulations having the force of law or conferring the force of law on any regulations made by any person, or any department of Government.
102. The Revolutionary Government of Zanzibar and its jurisdiction
1. There shall be an Executive for Zanzibar which shall Government be known as “the Revolutionary Government of Zanzibar” which shall have authority in Zanzibar over all matters which are not Union Matters in accordance with the provisions of this Constitution.
2. Subject to the provisions contained in this and the following Articles in this Chapter of this Constitution the Revolutionary Government of Zanzibar shall be constituted and shall exercise its authority in accordance with the provisions of this Constitution and the Constitution of Zanzibar, 1984.
106. The House of Representatives of Zanzibar, and its legislative functions
● There shall be a House of Representatives of Zanzibar. The House of Representatives shall comprise two parts: one part shall consist of Members of the House elected or appointed in accordance with the provisions of the Constitution of Zanzibar, 1984, and who shall be referred to as Representatives; the other part of the House of Representatives shall be the Head of the Revolutionary Government of Zanzibar in the exercise of his functions pursuant to the provisions of this Constitution and the provisions of the Constitution of Zanzibar, 1984.
● Whenever pursuant to the provisions of this Constitution, the provisions of the Constitution of Zanzibar, 1984, or the provisions of any law enacted and in force in Zanzibar, any matter requires to be decided or done by both parts of the House of Representatives, then that matter shall not be deemed to have been duly decided and done unless it is decided or done by the Members of the House of Representatives and also by the Head of the Revolutionary Government of Zanzibar, in accordance with their respective authority in relation to that matter.
● All legislative authority in Zanzibar over all matters which are not Union Matters is hereby vested in the House of Representatives of Zanzibar.
115. Jurisdiction of the High Court of Zanzibar
● Subject to Articles 83 and 116 of this Constitution, the jurisdiction of the High Court of Zanzibar shall be as specified in the laws applicable in Zanzibar.
● Subject to the provisions of this Constitution or of any other law enacted by Parliament, where any law enacted by Parliament and which is applicable in Mainland Tanzania and also in Tanzania Zanzibar vests any power in the High Court, then the High Court of Zanzibar may exercise that power concurrently with the High Court of the United Republic.
