Zitto na Demokrasia

Zitto na Demokrasia

Muswada wa Mabadiliko ya Katiba-Gazette Notice

with 6 comments

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Written by zittokabwe

March 30, 2011 at 4:15 PM

6 Responses

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  1. Dear Zitto,
    Thanks for sharing this Government Notice about the Tz Prospective Constitution.
    The following are my observations as far as this Bill is concerned, which are directed to you member(s) of the Parliament (representatives of Tanzanians) for actions.
    1. The heading of the Bill is wrong. Since the needed document is the New Constitution, we don’t I personally don’t want it read as “The Constitutional Review Act, 2011; rather reads The New Constitutional Act, 2011. Therefore, all phrases in the document with such “constitutional review” appearing must be corrected to reflect the reality;
    2.PART II of the Bill, roman (j) has the same problem of …constitutional review…, (l) is not clear when when saying.. legal mechanism for the President to Constitute a Constituent Assembly. What is the legal implication of this, is there any legitimacy for him?;
    3. PART III, 5. of the Bill, “The President may….., Where is the legitimacy for Mr. President to own such mandate? An independent body is needed to be en-charge of the new constitution process. This independent body will possess the legitimacy if formulated by the Parliament and not the President (refer to the past experience of such committees turned to be useless);
    4. 6 (1) The president has got no any legitimacy to appoint such important committee as conflict of interest is an obvious to affect the composition. The task remains in the mandate of the house of representatives (Parliament) and not otherwise, (2) this also does not apply following change of (1);
    5. 6 (2) (e), the President has no mandate to set required criteria on behalf of the public (Tanzanians). It remains the task of the Parliament as well;
    6. 7(1) about composition of the commission, it’s totally wrong idea. First of all members must be Parliament’s appointees. Hence, every process involved in setting criteria is posed to the House of representatives not the President of the United Republic of Tanzania;
    7. 8 (1) is not a responsibility of Mr. President to set and issue Terms of Reference (ToRs) for the commission responsible for the new constitution. The Parliament in consultation with different stakeholders possess this mandate, 8 (2) there must be time limit for the commission to pursue this process. Hence, it should not be left an open task without time-frame, 8 (3) applies only and only if the Parliament formulates ToRs;
    8. 9 (2) Is not valid unless the Parliament is given such mandate over the New constitution process of not only passing this Bill but also overseeing the whole process until we finalize our constitution;
    9. 10 Reflect no any independence of the commission if formulated under the Presidential Office (we already seen the passed commission, Judge Kisanga & his peers);
    10. 13 we do not need Presidential Appointed members of the commission because of weak institutional framework in the government, conflict of interest, and the passed experiences;
    11. 14 (1) As said earlier, we do not need a constitutional review, hence this phrase must read ..new constitution..;
    12. 16 (1) we do not want the passed happen again, for the commission submitting report to the President, let the Parliament handle everything, (2) & (3) No mandate to Mr. President required insofar as the new constitution process is concerned (Conflict of interest, poor passed experience, and weak government institutions centered to the mandate of President’s Office).

    Once more, Honorable Zitto, at end of a day, this Bill will come to the House for discussion, please mobilize all patriotic members to get to know all observations, which if improved on this Bill will foster for Tanzania having such a new constitution opening up opportunities for the development process of our people. I understand also that, there are other observations, which if combined with my little one will definitely strengthen your discussion ground during the session.
    I beg to submit.

    Emmanuel D. Chonza

    March 30, 2011 at 6:13 PM

  2. […] your discussion ground during the session. I beg to submit. Emmanuel D. Chonza March 30, 2011 at 6:13 PM Familia zetu na Tanzania ya kesho inategemea Udhubutu na Ujasiri wako wakukemea na kukataa […]

  3. Thanx for u mr zitto for opening many of tanzanian eyes about this bill concerning new constitution.it real dont make any sense for us tanzanians for mr president deciding to form a commitee on behalf of us while we have our legal representatives and also we have educated people from our local areas who can assist us few induvidual who lack even little knowledge concerning the constitution and the bill.on top of i think it is the time for mr president to stop abusing the mandate and power given by us through the constitution which basically is communaly owned by all tanzanians and decide to form the commitee based on his personal gains and interest.it is the time for revolution for this bitter time we had live with approximately 60 year.long live tanzania

    Masatu

    April 8, 2011 at 3:01 PM

  4. Thanks a lot mr.Zitto for oppening the mind of all Tzanians who lacking

    Frank Philemon(UDOM-CoED)

    May 22, 2011 at 7:51 AM

  5. Mh. Zitto wasalam.
    Kazi uliyofanya hapo juu hakuna yeyote ambaye si hamnazo ataeweza kuwa kinyume na wewe. Japo kuna mapungufu machache hasa ‘in use of legal terminalogies such – constituion review> instead new constution memorantam of understanding.’ otherwise this to me is big up to you. Amen !!!

    Losotwa Michael

    November 11, 2011 at 8:26 AM

  6. Good observation, however these issues need to be argued within the National Assembly. I really believe if MPs remain strong in the Parliament ( rather than the obsession of going in the State House – any way whom do you represent there? ) they can represent our ideas. Bravo!

    Sikaji Jikasi

    January 26, 2012 at 9:25 PM


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