The Chant of Savant

Wednesday 13 March 2024

Waraka wangu kwa Joni Kanywaji Mugful

Nakusalimia na kukuandikia waraka wa kumbukizi baada ya kuanza kusahaulika kirejareja na kirahisi. Kwa niaba ya mafyatu wote akiwamo bi Mkubwa wako nachukua fursa hii kuzoza nawe hata kama hutajibu. Niande kwenye inshu. Zimebaki siku mbili kuadhimisha miaka mitatu ya kuondoka kwakao. Ulipofyatuka, walitufyatua changa la macho kuwa pengo uliloacha lisingezibika. Urongo mtupu. Sijui nani ataziba lao. Mbona lilizibika zamani hata kabla ya mwili wako kuoza? Si hilo tu, hata ile miradi uliyozoea kuiita yako si yako tena. Wanapewa ujiko wengine ambao hawakuwa wala hawana maono, usongo, na uzalendo kama wako. Kumbe asiyekuwepo na lake halipo? Pamoja na ukali wake, hata mzoga wa simba hugugunwa na panya na kunyonywa na machawa.
Madege  uliyozoea kununua kwa cash kama vitumbua hayaongezeki ila matanuzi. tunashangaa kuona dude linaopaswa kukatiza dunia likitumika kwenda kununua vitafunwa mikoani na matanuzi mengine uliyochukia. Hata majipu uliyozoea kutumbuatumbua sasa hayatumbuliwi. Yapo mengi tu. Yanazidi kuumka na kunuka. Hakuna daktari kuyatumbua. Kwa sasa, tuna madoktari feki wasioweza kutumbua hata chunusi. Siku hizi, kuna machawa. Twangojea kunguni. Taarifa ya Mkaguzi Mkuu wa njuluku za mafyatu kila mwaka inaripoti upigaji wa kutisha. Hakuna anayetumbuliwa. Sijui kama wanagawana wote kuanzia chini hadi juu vinginevyo maza angekasirika angalau akatumbua japo wachache lakini wapi. Kabla sijasahau, siku hizi wenzi, wenza, sijui wake wenza wa wanene nao wanapiga mshiko na kuzidi kuwasikinisha mafyatu. Hata juzi, kuku wangu naye alitaka apewe mshiko kwa sababu mimi ni mnene wa mafyatu wanaofyatuliwa kirahisi wakaufyata badala ya kuufyatua na kufyatua wanaowafyatua.
    Kabla sijasahau, ile  SgR yako ipoipo. Juzi ilianza kufyatukafyatuka na kufanya majaribio ambayo hatujui lengo wala mwisho wake.
    Bandari ya Bongo ishakwenda kwa deep weed ya Do buy inayonunua kila kitu kuanzia mafyatu, hewa, hata maji. Mambo yanazidi kunoga na kubadilika japo si kwa kufurahisha. Kile kikaragosi chako ulichochonga na kukiita bashiti baadae ukamiteketeza kilipoanza kukutishia nacho kimefufuliwa na kinatanua kuliko hata yule uliyempa ulaji. Kinafyatukafyatuka kikiwatapeli mafyatu kuwa kinawajali na kuweza kutataua mataizo yao. Kinazoza kama rahis na kinawapata kinawapata kwa sababu wamekata tamaa, kufyata au kuunga juhudi kwa pambio na nyimbo badala ya kufyatuka na kufyatua.
    Wale vihiyo au waloghushi uliowatumbua sasa wanatesa bila wasiwasi. Siku hizi kila fyatu anataka aitwe ima daktari au profesa hata kama hakufika darasa la saba. Mie hupenda kuwaita madoktari na maprofedheha kama yule aliyekuita Mungu. Hata hivyo, alishawekwa pembeni. Yule Mnyalukolo Bill za Ruku Ukuvi, ashawekwa pembeni. Kwanini hukumtumbua pamoja na kujua alituhumiwa kughushi vyeti vyake vya kitaaluma kama kibashiti?
Siku hizi kuna mgao wa kila kitu kuanzia hewa, umeme, maji mpaka sukari hata uroda. Hata ile Chato yako uliyoiacha siku hizi inakufa taratibu. Ule uwanja wako wa ndege na Chato vinaanza kugeuka Gbadolite kama ile ya jambazi wa Kongo Mombuto. Mbuga ya Burigi-Chato ndo usiseme. Biashara zimedoda kiasi cha kuzidiwa hata Kizimkazi. Bwawa la mMzee Mchonga nalo linasusuasua kiasi cha mgao wa umeme kugeuka fasheni. Mambo yamebadilika na kuharibika sana. Maswahaba zako kama yule doktari nshomile Bushir Ka Kulwa uliyekuwa ukimteua kila mara ashawekwa kando sambamba na homeboy wako doktari Keleman. Harmfully Slowslow alishashushwa na kupandishwa wengine hasa wale uliowahi kuwanasa wakikunanga kwenye simu. Bi mkubwa wako kapotea na anaanza kusahaulika. Hata mie ninayekukumbuka simkumbuki Hayo tuyaache.
    Ukiachia hayo, Mzee ruxa ameaga juzi siku chache baada ya Eddie Luwasha. Nadhani mshaonana. Cha mno, mafyatu wasiojulikana waliiokuwa wanapoteza mafyatu pingaji nao ima wamepotea au kuacha kale kamchezo.
    Ukiachia hayo, siku hizi mazeri ni doktari na kila fyatu anataka aitwe ima doktari au profesa. Hakuna anayeweza kutaja jina lake bila kuanza na doktari na sifa nyengine kibao huku akishukuru, kutukukuza, na kuunga juhudi ambazo matunda yake ni haba kuyaona au kuyaelezea kiukweli. Siku hizi wewe wa hutajwi. Hata kwenye tule tumiradi wanatajwa wao sio wewe uliyeanzisha. Hata mvua ikinyesha wanamshukuru mazeri. Yule profedheha aliyekuita Mungu ashawekwa kando zamani gani. Unamkumbuka Mr. Sipika Jobless? Alibwabwaja wakamfyatua. Sasa yupo yule sister asiyetulia. Ana nyodo na anajua kila kitu hata kama hajui. Sijui kama hana mpango wa kuchukua ulaji kama kibashiti.
 Akina Tunda Lishe na wenzake nao wanafyatukafyatuka. Dkt Silaha uliyempa ulaji ughaibuni, ashabwagwa. Amererejea ulikomtoa. Hakika, hapo utakakumbuka kamsemo ka mafyatu kuwa kunguru hafugiki.
    Nisikuchoshe na kukatisha usingizi wako wa milele. Kifupi, mambo si mambo. Siku hizi tuna dhana mpya kama vile kikokotoo, tozo, na kila aina ya visingizio vya kupigia njuluku za mafyatu bila kuwarejeshea chochote zaidi ya mateso na umaskini. Hata hivyo, tunajikongoja tukishuhudia vimbwanga na vibweka kwa wanaobweka. Ili kuukata, lazima uunge mkono juhudi kama legacy uliyotuachia ambapo unene na umungu havina mpaka.
Kwa leo ni hayo. RIP Joni Kanywaji Mugful.
Chanzo: Mwananchi leo.

 

Wednesday 6 March 2024

Hamba Kahle/Vyedi Ali Hassan Mwnyichande Mangandi

Kwa niaba ya mafyatu wote duniani bila kumsahau Bi Mkubwa wangu na yule wa kaya, kwa huzuni, majonzi, na simanzi, kubwa, nakupa  sala na salamu za mwisho za mfayatu wenzio. Natoa rambirambi kwa familia hasa Bi Sitti na Khadija, Dk Hussein, marafiki, na taifa kwa kuondokewa na kiungo muhimu katika uongozi, utumishi, na historia vya taifa letu.

Shehe Ali, hukuwa ila mja safi mnyenyekevu, mwenye heshima hata kwa waliokuwa chini yako. Ulipewa mikoba mwaka 1985 wakati taifa likiwa kwenye hali mbaya kiuchumi si kutokana na uongozi mbaya bali ubazazi na ukatili wa mabepari walioichukia na kuihujumu kwa vile haikukubali kulala nao kitanda kimoja. Iliyotaka moyo wa chuma kuibadili. Ulitumia mbinu na weledi wako kama mwanadiplomasia mbobezi kusema “sasa na itoshe tubadilike na kukubali dunia inavyokwenda hata kama hatutaki.” Pamoja na uzuri wake, hukuona aibu wala woga kukiri na kutambua kuwa siasa za Ujamaa zilikuwa zimefikishwa ukingoni na kuanzisha mageuzi ya kisiasa na kiuchumi.

Shehe Mwinyi, nenda. Kazi umeifanya, vita umepigana na kushinda. Umeondoka msafi na hazina kwa taifa. Mafyatu tunakumbuka bashasha na utani, busara, uchangamfu, ucheshi, utani, na upendo wa kweli kwetu. Japo hukujitangaza, ulikuwa fyatu. Kwani, ulifyatua kitu kiitwacho rukhsa kilichogeuka mhuri na kitambulisho chako. Cha mno, ulifyatua daktari Hussein mnene wa Visiwani. Tunakukumbuka kama kiongozi bora na mahiri aliyeangushwa na wale aliowaamini akidhani walikuwa na imani na udhu kama wake.

Maalim Nzasa, hukuwa mjivuni, mchoyo, wala mpenda sifa. Hukupenda kutukuzwa wala kusifiwa. Hukujitutumua hata ulipofanya makubwa kwa sababu ulikuwa mcha Mungu aliyeamini kuwa Mungu pekee mtukufu asitahikiye sifa zote nzuri na kubwa. Hakika, Mwinyi, umeondoka na kutuachia tunu nyingi ikiwemo amani, mshikamano, nahau, na maridhiano ambavyo, hata hivyo, machawa, mafisadi, waroho, na wenye roho mbaya, matapeli wa kisiasa na watenda jinai wengine ambao hawajui wala kukubali kuwa kila lenye mwanzo lina mwisho wameanza kuvihujumu.

Nisomapo historia yako na vimbwanga kama kununuliwa pea ya kwanza ya viatu ukaacha kuvivaa ukaibeba ukitembea pekupeku ili visichafuke nafarijika. Nakumbuka falsafa yako adhimu kuwa binadamu anapaswa kutahadhari asiwe kichwa cha mwendawazimu walevi kujifunzia kunyoa. Sijui kama wengi walikuelewa ulichomaanisha kuwa umma ukikupa dhamana, kazi yako ni kuutumikia siyo kuutumia. Hukupenda ubwana wala ushaufu na utukufu feki na uchwara zaidi ya unyenyekevu na utumishi kwa wanyonge. Pamoja na kutunikiwa udaktari wa heshima na vyuo mbalimbali, kama Ben na JK, hukuwahi kukubali wala kupenda kuitwa daktari. Ulijua athari zake yaani, ujivuni, ukihiyo, na ulimbukeni.

Pamoja na madaraka makubwa, hukuyalewa wala kuyatumia vibaya kibinafsi ila kujitoa kuutumikia umma kindakindaki na kiungwana. Cha mno, hukuogopa kukosolewa japo wakati mwingine ulichukia ilipotokea kudhalilishwa au kuonekana dhaifu kama kiongozi.

Nakumbuka sana ulivyoitikia mwito kwa unyenyekevu baba wa taifa Mwalimu JK. Nyerere alipokufyatua kuwa ikulu siyo pango la wezi mbali au ulipowatimua wanachuo walipoonyesha dharau. Bila kupayuka wala kufyatuka, ulivunja baraza la mawaziri tena bila kutoa hata notisi, ukajipanga upya na mambo yakaenda vyedi na mafyatu wakafurahi kunufaika. Haimanishi utawala wako haukuwa na kasoro. Tokana na kutokuwa na uzoefu na sera hasidi za kinyonyaji na kinyanyasaji za kibepari, wapo waliotumia madaraka na upole wako kupiga njuluku na baadaye ilibainika, binafsi, kuwa hukuwa fisadi au roho ya fisi ya kuuibia umma. Umeishi maisha ya faida na heshima kiasi cha kuacha urathi uliotukuka kama baba, kaka, binadamu, na yote katika yote, kama rais aliyependwa na kuheshimika “si haba.”

Alhaj Mwinyi, hukuwa mdini wala mhafidhina. Ilipotokea kasheshe ya mabucha ya nguruwe mwaka 1993, japo kwako ni haramu, ulisema wazi, atakayetaka kula nyoka au nguruwe ruksa, atakayepiga ulabu ruksa. Hukujifanya msafi na mhafidhina kutumia dini yako inayopingana na mambo haya kuwapendelea waliojiona ni wenzako wakati hawakuwa. Ulijua mipaka ya dhamana ya urais. Kwa mawazo, maneno, na vitendo ulithibitisha kuwa ulikuwa rais wa wote waumini na wasioamini. Hukuyumba wala kuyumbishwa hasa ulipoweka historia ya kuwa kiongozi muislamu ambaye hakupendelea msikiti wala kuchukia kanisa. Ulikuwa mtanzania kwanza na muislam mwisho jambo ambalo ni gumu wengi kulifanya. Na hii ni mojawapo sababu za mafyatu kukupenda. Nani mara hii kasahau kipindi kigumu na mtihani kwako Zanzibar ilipotaka kujiunga na jumuia ya kimatiafa ya kiislamu (OIC) mwaka 1992 bila kusahau kuibuka kwa kundi la G55 lililotishia muungano? Baada ya kusoma katiba na sheria, ulisimama kidete na kushughulikia kadhia hii kwa busara na haki na kuiondoa nchi kwenye mtatange, mtanziko, na mtihani vilivotishia kutugawanya na kuutikisa hata kuuvunja muungano wetu. Wewe ulikuwa muungano maana ulizaliwa bara na kukulia na kutawala visiwani bila upendeleo wala uonevu.

Ndugu Mwinyi, makala au kitabu kimoja haviwezi kueleza mema nengi uliyolifanyia taifa kuanzia darasani, madarasat, ubalozini, hata ikulu uliyoifanya kuwa sehemu na nyumba ya watanzania bila kujali nafasi zao kijamii. Kukukariri, wewe ni hadithi nzuri.

Tunaaswa kuwa كُلُّ نَفْسٍ ذَآئِقَةُ الْمَوْت kullu nafsin zaikatul maut bimaana kila nafsi itaonja mauti. Pumzika baada ya kazi nzito na tukufu. Lala salama Ndugu yetu alhaj Ali Nzasa Hassan Mwinyichande Mangandi. Tusalimie wapendwa Julius Nyerere, Abeid Karume, Aboud Jumbe Mwinyi, Benjamin Mkapa, John Kanywaji Magufuli, Edward Sokoine, Idris Wakil, shehe Thabit Kombo na wengine waliotangulia. Waambe. Tunawamiss na kuwakumbuka sana.

Hamba kahle mfowethu.

Chanzo: Mwananchi leo.

Mgao wa Umeme ni Uhujumu Uchumi, Haki

Doktari Okot, sorry, N’Dotto Meshaka Bitek’o salama fyatu wangu? Kwanza, nikushukuru kupenda kusoma vitu vyangu. Nilifurahi nilipojua kuwa nawe ni fyatu wangu. Tuyaache. Juzi nilikusikia ukitoa kali. Uliahidi kuwa mgao donda ndugu wa umeme utaisha baada ya siku 18 kuanzia Jumamosi 24 Februari. Hivyo, kama unamaanisha na si kuwafyatua mafyatu, ifikapo tarehe 13 Machi uitangazie dunia miujiza ambayo liiyotenda kaya tena bila kuombewa na wachunaji.
    Tokana na uzoefu wa siasa za ahadi, utapeli, rongorongo, na kupeana matumaini yasiyokuwepo, kwanza, ngoja nikufyatue maswali. Je ulimaanisha kweli au ni ngonjera za kibashiti, kisanii, na kisiasa za kuwafyatua na kuwapumbaza mafyatu mkiwemo nyinyi? Je ifikapo tarehe hiyo na mgao ukaendelea kung’ata kama kawa, mafyatu wakufanyeje wewe hata lisrikal lenu? Je unajua maana ya jambo kuwa historia? Au ulimaanisha kuwa ukweli utakuwa historia lakini si migao kama ilivyozoeleka kayani? Ngoja nichomekee, mbona umeshindwa upigaji wa akina Riz One kule Mirirani? Utatenda miujiza gani kutatua dude kubwa lenye wapigaji wengi na akina Riz One wengi au ni yale kama ya Kawe na Gwaijimmy na kuigeuza majuu wasijue walifyatuliwa?
       Nakupa ushauri bure. Ukitaka kuondoa mgao uwe historia, kwanza, mwajibishe waziri anayehusika hata kama ni kujiwajibisha mwenyewe maana amechemsha. Waziri wa nishati anapaswa kuwajibishwa hata mgao ukiisha, maana ulipaswa uishe wakati wa Adamu na Eva. Mgao ni uhujumu wa uchumi na haki za binadamu kwa mafyatu. Ni shughuli ngapi zinakwama na kwa muda gani na kusababisha hasara, mateso, na usumbufu? Japo hamkubali ukweli, hatupaswi kuwa na migao na kuzidiwa na vijikaya visivyo na vyanzo wala raslimali. Yote ni matokeo na ushahidi kuwa tuna uhaba wa wanene wabunifu, wenye common sense, wazalendo, na wanaofaa. Tatizo si vyanzo vya umeme. Nakumbuka. Mwaka 2012, Njaa Kaya yule ambaye lisrikal lake lilitupiga kutumia Richmonduli alitufunga kamba kuwa mgao ungekuwa historia wakati wa ubazazi wake. Hadi anatokomee, ndiyo ulikuwa unauma zaidi.
        Njaakaya alitufyatua kwa kudaganya kuwa tungejitosheleza kwa kutumia umeme wa gesi asilia utadhani gesi hiyo yetu. Hamjui kuwa gesi, sawa na madini, viko kwetu lakini siyo vyetu bali vya wachukuaji waitwao wawekezaji wanaokula na wanene? Kama siyo hivyo, gesi yetu inakwenda wapi na inamnufaisha nani?
        Pili, muweni wakweli au realistic kwa kinyasa mtoapo ahadi. Mnapochemsha, mjifyatue siyo kungoja mafyatu wawafyatue au maza ambaye sijui kama ana udhu wa kumfyatua yeyote katika hili. Wako wapi akina Janu’wali Makambale waliopiga wakazawadiwa ulaji zaidi wapige zaidi?
        Tatu, mgao utaondoka kama mafyatu watagoma kulipa kodi, kuandamana, na kuhakikisha wanene mizigo na magamba wanapigwa chini ili kuwaamsha nyinyi mliolala mchape kazi badala ya kuchapa siasa kama akina Bashite. Lazima mafyatu washike usukani na kuonyesha hii kaya ni mali yao na si mali ya wanene uchwara/wachukuaji wanaowafyatua tena kitoto.
        Nne, piga marufuku biashara ya majenereta. Yanasababisha mafyatu waridhike badili ya makali ya migao kuwatafuna na kuwafyatua nao wakafyatuka na kuwafyatua nyinyi mnaowafyatua kwa maigizo, ngojera, na ahadi za urongo. Pia, majenereta yanasababisha uchafuzi wa mazingira kwa njia ya kelele na moshi ukiachia mbali usumbufu magonjwa ya akili na moyo yatokanayo na mikelele. Mmefanya kaya iwe ya machizi kwa mikelele kila sehemu. Ajabu hamstuki. Mnaendelea kusifiana na kupongezana!
         Tano, tafuteni chanzo cha matatizo ya umeme. Je nyinyi kama sirkal, huwa mnalipa ankara zenu kila mwezi au mnatumia bure na kuendelea kuinyonga Tanesko inayobebeshwa lawama mnapofyatua? Kama Tanesko inafanya biashara isiyo kichaa, kwanini ishindwe kujipanua na kupanua huduma na shughuli zake? Hamlijui hili hata madoktari kama kweli ni madoktari wa kweli? Hamjui kaya yetu inawalangua mafyatu umeme na litanesko linazidi kufa?
         Sita, tunzeni mazingira hasa vyanzo vya maji, panda miti, punguza/ondoa matumizi ya mkaa, kuweni wabunifu muendeleze nishati mbadala mfano umeme wa upepo, themo, gesi, na madude mengine.
          Saba, pambana na ufisi na ufisadi vinavyosababisha kuingiza wapigaji mnaowaita wawekezaji. Ukiangalia historia ya miradi ya uwekezaji kwenye nishati na madini, ni upigaji mtupu. Tunaonekana kama vile mataahira tusiojua faida wala thamani ya mali tunazochezea kwa ukumbaff wa wanene wachache waroho. Hivi yule singasinga Habinger Singa Setii wa IpTiL aliishia wapi au mmeishamtema na kumrudisha kwao atanue au yumo mitaani kama Shavda aliyetupiga akishirikiana na wanene waliomrudisha na kumficha Masaki kwa miaka?
          Nane, kwa vile wewe hupenda kujionyesha kama fyatu serious, nashauri bila kupepesa macho. Kama umeme hautageuka historia, jiandae wewe na lisrikal lako kufyatuliwa na kugeuka historia. Kama mafyatu wataufyata wakashindwa kuwafyatua, namuomba Mungu awafyatue lau mtieni akili na mjue kusema uongo ni dhambi na kosa.
          Mwisho, nawashauri mafyatu wasikubali kuwa wasikilizaji na wapumbazwaji. Kwa vile mnene kajiingiza mwenyewe kwa kutoa ahadi ya kugeuza mgao historia, hakikisha mnamfyatua ageuke historia hata lisrikal lake kama watashindwa kugeuza mgao historia kama walivyozoea. Ifikie mahali mafyatu tuwe serious ili watuchukulie seriously.
        Amini nawambieni mgao ukigeuka historia lazima tutafute maana halisi ya neno historia.
Hivi umeme utarudishwa saa ngapi leo?
Chanzo: Mwananchi wiki jana.

PRESIDENT HUSSEIN ALI MWINYI’s PRACTICAL LESSON ON POLITICAL ‘VICARIOUS LIABILITY’.

 

On February 2nd, 2024; the print media carried some news, regarding Zanzibar President Dr. Hussein Ali Mwinyi’s powerful statement, or ‘lecture’, on what in law is known as “vicarious liability”.  In legal parlance, the word “liability” means “a legal obligation, or duty’. And the phrase “vicarious liability” is defined as “the liability which arises because of one person’s relationship to another”. Thus, for example, an employer is generally liable for the tort of his employee which is committed in the course of his employment. And in criminal law, a master may sometimes be held ‘vicariously liable’ for an offence committed by his servant.
         In terms of political leadership, this means that a political leader, particularly a Minister, may be required to resign from his position,  even  on account of wrongs committed not by himself, but by officials operating under his docket. President Mwinyi was speaking in relation to the resignation by the Minister responsible for the tourism docket in the Zanzibar government, Mr. Simai Mohamed Said.                                                                         
        Following his sudden and unexpected resignation, Minister Simai had issued a lengthy statement detailing the reasons for his resignation; without stating that reason very clearly, and unambiguously. Instead, he had resorted to generalizations about “circumstances which had made it difficult for him continuing to serve in that capacity”. He was, undoubtedly, telling the truth; but, obviously, not the whole truth. And, if this may be put in slangy style, he was being “economical with the truth”. Presumably, this is what prompted President Hussein Mwinyi to ‘caution’ that “people should  be truthful,  by detailing  the actual reasons behind their action”, as shown in the  paragraph below. 
        For those who might have missed President Mwinyi’s statement, here is what he is reported to have said: - “In terms of accountability, resignation decisions are taken by political leaders after differing with the government on a policy issue”. He also cautioned that “people should be truthful by detailing the actual reasons behind their decisions”.                         
         He further said that “problems arising in the docket that is supervised by a Minister, could lead to his or her resignation”; and  went on to cite several examples to illustrate and amplify this important point. That ‘caution’, is precisely what I have described above as “a practical lesson on political vicarious liability”. And it relates, in special particular, to Ministers, and Regional Commissioners. And it is for that specific reason, that I have chosen this topic as the subject for today’s presentation; as I have personally witnessed many similar occurrences during President Julius Nyerere’s Presidency. My purpose here, is to illustrate three points.
         One, is that such resignations are normally forced resignations, caused by directive from the appointing authority, namely the President. That is to say, they are not voluntary decisions, that are  made by the person who tenders his or her resignation in such circumstances.                                                    
         The second, is to show that President Mwinyi’s action in that respect, was not an isolated incident. He was only building on past practice and experience.                                                   
        The third, and perhaps more important, is to draw attention to this little known doctrine of “vicarious liability”, which is also provided for in our legal regime. I wish, in particular, to highlight and emphasize the point, that these are not voluntary decisions. This could be useful, and helpful knowledge, to the current holders of such positions, and enable them to be psychologically prepared, in the unlikely event that it is applied  to any of them. I have used the word unlikely, but the possibility always exists; as will be shown in the examples below.
President Nyerere’s actions in that respect.
The following incident will help to illustrate that there are  some other reasons as well, that could be the cause for forced resignations. I have in mind,  the resignation of Minister Austin Kapere Shaba, in 1963; which was not a case of “vicarious liability”, but was, instead, a case of ‘violation of the constitution’; caused by his failure, or negligence, to disclose the fact of his being a non-citizen. It also helps to illustrate President Hussein Mwinyi’s point, that “persons (who are required to resign in such circumstances) should be truthful in detailing their reasons for resignation”.                                                                    
        Austin Shaba was, at the material time, Minister for Health in President Nyerere’s government, and a Member of Parliament for the Mtwara Urban constituency. He had, most probably unwittingly,  committed this offence when  he failed to disclose the fact of his not being a citizen of Tanganyika (now Tanzania Mainland); because he was born in neighbouring Nyasaland (now Malawi). When President Nyerere discovered this, he directed him to write a letter of resignation; which Minister Shaba immediately did, in which he falsely attributed his resignation  to “health reasons”. President Nyerere refused to accept his letter, insisting that he must disclose the true reason for his resignation. Minister Austin Shaba had, obviously, not been truthful in stating the reason for his resignation. He went back and wrote another letter, disclosing the truth, and promising to correct that mistake.
The incidents directly relating to ‘vicarious liability’.
The most prominent of these incidents, is the resignation of Minister Ali Hassan Mwinyi, and three other high ranking government leaders in 1977. Ali Hassan Mwinyi was, at that time, Minister for Home Affairs, in President Nyerere’s government. This incident was, in political terms, a very serious occurrence; for it involved the forced resignation of four leaders: one other Minister, and two Regional Commissioners. The two Ministers were Ali Hassan Mwinyi, Minister for Home Affairs, and Peter Saidi Siyovelwa, Minister responsible for the Security Department.  While the two Regional Commissioners were Peter Kisumo, RC Mwanza, and Marco Mabawa, RC Shinyanga; who were separately asked (read directed) by President Julius Nyerere to submit to him   their letters of resignation immediately.                                              
        As will be shown below, they themselves had done nothing wrong. But it was the government officials working in their respective Ministries, and Regions, who had committed the crimes for which these leaders were punished under the said doctrine of “vicarious liability”. This may perhaps sound ‘unfair’ to the ordinary mind, for a person to be punished for wrongs he had not committed; but that is, precisely, the meaning of the legal phrase “vicarious liability”.
The circumstances leading to President Nyerere’s decision.
The circumstances were that at the material time, there had emerged what amounted to a ‘security crisis’ in the Regions of Shinyanga and Mwanza, as a result of numbers of people being murdered, reportedly on suspicion that the victims were causing other peoples’ deaths through the dreaded witchcraft practices. These deaths became such a big concern to the people living in these Regions, that it became imperative, and necessary, for the government to intervene, in order to restore peace and tranquility among the people there. Thus, the government security organs were ordered to investigate, and take the necessary remedial measures to restore peace.                                                              
        The government’s intention was clearly good, and in line with the established principles and conventions of good governance. However, what went terribly wrong, was the cruel, unconventional  methods that were used  in the course of these investigations. This cruelty became known only after one person had died in the hands of the said investigators 
        The news of this person’s death somehow reached the ears of President Nyerere, who promptly appointed an ‘inquiry team’ to go and find out what exactly had happened. The team was led by the Chairman of the then ‘Permanent Commission of Enqury (PCE).  Its report, which was submitted to the President, contained horrifying narratives of the extraordinary cruelty that was being inflicted by the security agents on the suspected victims.   
        That Report is what ruffled President Nyerere’s feelings, and drove him into taking the actions of not only ordering the arrest and prosecution of the security agents involved in this torture exercise, but  also  ordered  the political leaders mentioned above, to  resign immediately.  
        This ‘inside’ information was revealed at a meeting of the combined National Executive Committees of TANU and the ASP, at which President Nyerere himself literally “spilt the beans” in anger caused by the injustices that had been committed by state agents against innocent individuals. (These combined NEC meetings were being held frequently, in order to receive reports on progress being made regarding the preparations for the imminent establishment of Chama cha Mapinduzi).
Subsequent, related occurrences.
What could be regarded, perhaps, as a ‘consoling’ aspect to the leaders concern, is that in practice, this “vicarious liability” punishment has been applied very sparingly. This is evidenced by the fact that after President Nyerere’s application of this doctrine, there is no record of any other President of the United Republic who has taken similar action. And it only happened again recently, when  Zanzibar President  Dr. Mwinyi, entered the stage, as already narrated above.                                                                                 
        Indeed, during his time in office, President Jakaya Kikwete did order Prime Minister Edward Lowassa in February 2008, to resign immediately from that position.  But, this was caused by Lowassa’s  own misdemeanours, and certainly not for any offences committed by his subordinates. It only helps to illustrate the other point, that resignations in such circumstances have never been voluntary decisions.                                                           
        However, records exist, of some other actions which were also taken by President Nyerere, that are closely related to “vicarious liability”. These are the cases of Mr. Mahami  Rajabu Kundya, then Regional Commissioner Tanga Region; and Mr. Abdinuru Suleiman, then Regional Commissioner Mwanza; who lost their jobs also through  forced resignations, resulting from offences committed by their subordinates in their respective jurisdictions, and not directly by themselves.                                                                              
        Theirs is an identical story, relating to their misguided enthusiasm, in implementing the ruling party’s cherished socio-economic policy of re-settling the rural population into “Ujamaa villages”, during the early post-Arusha Declaration decades.
        Because the main economic activity in the rural areas is peasant farming, this was interpreted by the leaders on the ground, as a requirement to establish  large communal ‘village farms’’ for every village within their respective areas of jurisdiction.                 
        Thus, during President Nyerere’s regular tours to the different Regions; the host Regional Commissioner was eager to impress the President, that his Region was actively implementing the said requirement of establishing ‘communal farms’ in their villages.  It was on one such scheduled tour of Mwanza Region in January 1981, when President Nyerere was taken to see a ‘village communal farm’ of cabbages, alleged to belong to one of their villages.              
        But in reality, it was a fake project, which had hurriedly been put in place in order to impress the President (the planting of cabbages having been done only the day before the President’s visit)!
        Whether by intuition, or otherwise, President Nyerere was suspicious that this was probably what had actually happened. So during his tour of the project, he stopped at one particular point, seemingly to “admire” one of the cabbages. He bent to touch the selected plant. But then, the still unstable, newly planted cabbage came out of the soil.  The secret had been exposed. And, consequently, the Regional Commissioner was sacked.          
        Similar fate had earlier befallen the Tanga Regional Commissioner, Mahami Rajab Kundya, for the same mischief, which may be described as ‘conspiracy to dupe the President’. The offences were probably committed by their District subordinates.                                                                                      
pomsekwa@gmai.com /0754767576.  
Source: Daily News.

Friday 23 February 2024

A TRIBUTE TO EDWARD LOWASSA, OUR FALLEN ‘POLITICAL GURU’.

Last Saturday, 17th February, 2024, Hon. Edward Lowassa, our fallen political guru son of the soil was laid to rest in his grave in his Monduli home District, after five days of official national mourning, with the national flags flying at half-mast, in honour of the fallen former Prime Minister, which culminated with a befitting ‘state funeral’ ceremony at Karimjee Hall grounds, presided over by the Vice President, Dr. Phillip Mpango on behalf of President Samia Suluhu Hassan, who is temporarily away from the country  on a historic visit to Norway.
        A statement attributed to Hubert Lister Parker, Lord Chief Justice of England(!900–1972), which appeared in ‘The Observer’ British newspaper on 12th March, 1961; reads as follows:-“A judge is not supposed to know anything about the facts of life, until they have been presented in evidence, and explained to him at least three times”.
         Many good things have already been said by many different people, about our fallen political guru the late Edward Lowassa, ‘in evidence’ of his outstanding contributions to the political management of  our young nation’s affairs during his 35 years of dedicated service to this nation. “The country has lost an iconic leader, who offered himself for the nation”, said President Samia Suluhu Hassan; in her condolence message to his widow, Regina Lowassa. Many other leaders, both current and retired, have proffered their personal views and opinions, reflecting on Lowassa’s leadership legacy, through which he would always be remembered.                                   
         But I still felt I should also add my own little voice in order, if I may borrow the language of Lord Chief Justice Hubert Parker quoted above, to add up to the minimum “three times” (the number of explanations needed), to enable the public to “know more of the facts” about Edward Lowassa’s life in the service of our nation. As the Holy Bible says in the Old Testament, “Whatever thy hand findeth to do, do it with all thy might, for there is no work, no wisdom, in the grave whither thou goest”. 
        Edward Lowassa has now gone to his grave, but during his lifetime, he did, indeed, comply fully with this Bible teaching, by doing all that he was assigned to do diligently, and “with all his might”; as evidenced by the numerous statements made about him by people from all walks of life, and generously published in the mass or social  media.
      My exposure to Edward Lowassa’s political life. My brief exposure to the late Edward Lowassa’s life, commenced in the early 1970s, when I was the Vice Chancellor of the University of Dar es Salaam, and he was a student thereof. That is when his political leadership potential became evident, and noticeable; because of the very active role he played in the activities of the University TANU Youth League Branch and became one of its leaders. 
        Thereafter, we met again at the end of the year 1990, after the general election of October that year; in which  I had participated, and been elected Member of Parliament for Ukerewe and Deputy Speaker of the National Assembly; and he had also participated and been elected Member of Parliament for Monduli, plus being appointed  Minister of State in the Prime Minister’s Office, responsible for Parliamentary affairs.                
        The Prime Minister is designated by the constitution, as ‘Leader of Government Business in the National Assembly’. It was during that period That is when he demonstrated his leadership skills, or prowess; when he excelled in assisting Prime Minister John Samuel Malecela, in carrying out these responsibilities.  
        It is also during that period, when he and I developed very close working relations, and actually became personal friends. This is because the Speaker of the National Assembly at that time was Chief Adam Sapi Mkwawa, whose health was fast deteriorating, mainly due to old age. For that reason, I was often called upon to take over the Speaker’s Chair, to preside over the House proceedings. 
        Hon. Lowassa was completely new to Parliament, while I had the rich parliamentary experience of having previously been the Clerk of the National Assembly immediately after the country’s independence. Hence, he developed the habit of consulting me on many procedural issues.  In that particular respect, what quickly comes to mind, is his call one day  to me,  to ask for guidance on the delicate and sensitive issue of the ‘three-government’ structure of our Union with Zanzibar. This story is told in greater detail in my book titled “A concise political history of Tanzania”; which was published to celebrate 50 years of Tanganyika’s independence, by Nyambari Nyangwine Publishers, Da es Salaam. But I will summarize it very briefly in the paragraphs below.
        On 24th August, 1993, the National Assembly passed a resolution, directing the government “to undertake a process, which will enable it to introduce in the National Assembly, not later than April 1995, proposals for a more acceptable structure, which will include a government of Tanganyika in the Union structure”. 
         If implemented, this resolution would transform the Union into a‘three-government’   structure. It was, in essence, a rebellion, against the ruling party’s established policy of a “two-government structure. Thus, CCM reacted strongly in defense of its cherished policy.  
        But eventually, through a series of meetings, plus the intervention of the retired President Mwalimu Julius Nyerere; the matter was resolved by way of a referendum, which involved voting on the issue by the entire CCM membership at the party Branch level. The results of this voting showed clear preference for the maintenance of ‘two-government’ structure. Thereafter, President Ali Hassan Mwinyi, in his capacity as the national party Chairman, went to a meeting of the CCM caucus, to announce these results; and the party caucus accepted defeat.
  But the difficulty then arose, as what to do with the National Assembly Resolution. Bunge Resolutions are actually directives to the government, which must be implemented. That is what caused Minister Edward Lowassa’s call to me, to seek advice. My advice was that a new National Assembly resolution was necessary, which would rescind the previous resolution.           
        Thus, he made arrangements for a “Private Members’ Motion” to be introduced in the National Assembly for that purpose,  The said motion was passed in August 1994. 
    Lowassa’s subsequent great political misfortunes
There is a saying that “misfortunes never come singly”. This, indeed, also happened to be the case, Edward Lowassa. I vividly remember two particular misfortunes, which utterly frustrated him, in the course of his political career. One was his forced resignation from the Premiership, in February 2008; and the other was his three successive failed attempts to win the Presidency. The details of the first misfortune, are as follows: -Edward Lowassa was appointed Prime Minister by President Jakaya Kikwete, immediately following the 2005 general election. But he was unable even to complete the normal five-year term in that office, simply because of a  serious alleged “corruption scandal”, which was raised against him; relating to a government contract for the procurement of an electricity generating plant.   
        At that material time, the country was experiencing a prolonged drought, which led to the drying up of the major rivers which are used for hydro power electricity supply. Thus, threatening to put the country into darkness. 
        The only viable solution was to engage a company or group of companies, which would supply sufficient fuel-generated electricity for the country’s needs. Hence, the procurement procedures were duly undertaken, and, eventually, three companies were shortlisted, among them  a fake Canadian company known as ‘Richmond’, which was duly awarded the lucrative contract, but the said company’ failed to deliver the goods in the agreed time frame; and rumours started circulating, alleging that such company did not, in fact, exist!   
        This became known as the “Richmond scandal”; which turned out to be a huge political scandal of crisis proportions. It raised very serious allegations of corruption on the part of the government, and led to the matter being discussed in Parliament, which decided to appoint a parliamentary Select committee to investigate the matter. The committee’s Report was presented to Parliament at its February session in 2008.         
        The National Assembly hot debate on this report, resulted in the emergence of two antagonistic groups, the “Mafiadi” group on one side: and the “Anti-mafisadi” group on the other.       The matter had reached crisis proportions, and that  is what led to the forced resignation of Prime Minister Edward Lowassa, plus two other Ministers, Nazir Karamagi, and Ibrahim Msabaha.
Lowassa’s  second misfortune.
        His second, and even greater misfortune, was his failure to achieve the ultimate political ambition of his life, namely, the Presidency of the United Republic of Tanzania. He made three such attempt, in 1995, in 2005, and in 2015; but all of them ended in failure, and consequent frustration. The first two attempts did not appear to affect him to such great extent, unlike the 2015 attempt; probably because of the huge personal energy, plus financial resources, which he had invested in the 2015 presidential election project.  
        He had been confidently preparing for his success in that election; as a result of a “Gentleman’s Agreement” between him and President Kikwete, who had, reportedly, promised to support Lowassa to be his successor at the end of his term in 2015. Thus, when election time came, he made heavy financial investments in preparation thereof.  For example, the CCM process normally starts with  the candidate ‘declaring’ his intention to contest the election,  by simply collecting his nomination forms. 
        But Edward Lowassa decided to make it a major public event, held at  Arusha’s Sheikh Amri Abedi football stadium, and invited as many of his supporters as would be able to make it. He sent hired planes to Dodoma and Zanzibar to fetch them; plus arranging transport by road from other areas; which filled that spacious stadium “to the brim”. 
        The CCM nomination process is what gave him the mega frustration, which led to his migrating to the coalition of Opposition political parties, called UKAWA.  This process takes place at three different party levels, namely 
    (i) the Central Committee, which carefully examines all the applicants and recommends five names. 
    (ii) the National Executive Committee, which votes on the five candidates to select three names; and 
    (iii) the National Party Congress, which votes on the three names to choose one person, who becomes the CCM official candidate at the relevant Presidential election.              
         Lowassa’s name was not recommended by the Central Committee. His ardent supporters then decided to challenge that decision at the National Executive committee meeting, which they surely did, but still, luck was not on his side. After a lengthy discussion, the majority decided to support the Central Committee decision, a factor which eliminated him from that competition as a CCM candidate. This was the ‘mega frustration’, which is what pushed him into temporarily abandoning CCM, to go and try his luck in the Opposition camp; where he got the satisfaction of being nominated as the UKAWA candidate for the 2015 Presidential election.                     
        However, presumably in accordance with the saying that “misfortunes do not come singly”, Edward Lowassa lost that election, which he had confidently predicted that he was going to win “before the second mass”. It must have hurt his feelings a very great deal. 
piomsekwa@gmail.com /0754767576.
Source: Comrade Pius C. Msekwa.

Wednesday 21 February 2024

Niamini SGR Itaanza Majaribio Yesu Akirudi

Tangu kaya ianze kujimwambafy na kujaribu kujenga reli ya mwendo kasi usio kasi ila ukakasi, nini kimefinyika? Kwa tuliojua kila kitu, tulifyatua kuwa mngonje baadhi ya mafyatu wafyatue njuluku na ngonjera tamu tamu katika hii kaya ya majaribio. Hamjakisikia Kibashiti kikishitshit kila mahali kinatatua matatizo wakati chenyewe tatizo nambari wani kama Riz One? Tangu lini kaya ikiwa maabara ya kufanyia majaribio ya kila usanii. Heri maabara hufanyiwa majaribio ya kisayansi na siyo jinai na ubangaizaji. Japo kaya yetu inapaswa kuitwa Tanzamajario, leo nitagusia jaribio moja tu hapo juu na kuacha mengine mengi kama vile na Dip Weed na waishiwa wa Covid-19 ambayo naamini mafyatu wengi bado wanayakumbuka hata kama wameufyata ili wafyatuliwe hadi wafyatuke. Mfano, hawa Covid-19 wa njengoni wanapokea marupurupu kwa stahiki vipi zaidi ya kubebwa na CcM ambayo nayo inategemea mafyatu kuishi?

            Ifuatayo ni historia fupi siyo ya ujenzi ambao umegeuka ujembuz  na rongorongo za kuwafyatua mafyatu kuwa sasa Shrewd Goof Railroad (SGR) itaanza kuwasafirisha wao na mizigo yao wasijue kumbe SGR ni mzigo wao. Alianza doktari Ashantu Kijudge ambaye alifungua dimba akisema kuwa majaribio ya safari, siyo safari, ya SGR yataanza 12/11/2019.
         Baaada ya Doktari Kijudge kuchemsha alikuja doktari Doktari Hasani Abasi akadai kuwa safari za rongorongo zingeanza mwaka 2021 iwe mwanzoni au mwisho, siyo muhimu. Jiulize. Zilianza? Nope. Kwanini? Kamuulize huyo fyatu aliyefyatua haya yote au waliomtuma kutufyatua akaishia kuwajifyatua na kuwafyatua tulipostukia hii janja uchwara. Baada ya hapo alikuja doktari Leonadi Chamuliro akidai majaribio, siyo safari, yangeanza Agosti 2021. Yalianza au la? Wote mnajua. Je ni aibu kwa sirkal au aibu? Mtajibu wenyewe.
        Baada ya Chamuliro, alikuja kubwa lao waziri kuba sana dugu yangu Katelefoni Maja Liwa aliyetufyatua kamba kuwa safari za madanganyio na mafyatulio zingeanza Julai au Agosti 2021. Guess what. Hapakuwa na cha safari wala zali bali kafiri, sufuri, rongorongo, na aibu kwa sirkal ya siri kali. Hivi hawa mafyatu wana kumbukumbu au ni mataayira yaliojificha kwenye unene feki? Baada ya kuona mambo yameiva tokana na mafyatu kuamini kila urongo na upuuzi, si alikuja Mkuugenzi Ma-son-ja Kadogo Sir aliyesema, kama mabosi wake Chamu na Katelefoni kuwa mambo yote yangekuwa mswano kuanzia Agosti 2021. Mwe! Nini kilijiri? Utopolo mtupu. Sijui kama hawa jamaa zimo au la.
        Kuona hayawi, Katelefoni Majiliwa alirejea na kujipiga mtama akisema kuwa majaribio, siyo usafiri, yataanza kati ya Januari au Desemba, 2022. Kama vile hawa mafyatu wanene wababaishaji wanashindana ushahidi au ni vipofu kama nondo, Kadogo Sir alirejea akasema majaribio yangeanza Aprili 2022. Yalianza? Jibu na sema wewe fyatu uliyekuwa ukingojea huu usafiri. Mwenzenu situmii garimoshi kwa kuogopa moshi. Huwa natumia pipa ili kuwakoga mafyatu ambao hawajawahi wala hawatawahi kutumia pipa kupaa bali kutengenezea gongo.
    Baada ya bana kuba Katelesimu, si naye Atupile mwakibwete alitia guu asijue anajichafua kabla hajafyatuliwa na kubwagwa na maza. Alisema  safari za majaribio zingeanza Februari 2023. Zilianza au la? Jibu mwenyewe. Baada ya hapo alikuja Gereson or son of gere Msigwer alikazia kauli ya Mwakibwete kuwa majaribio yangeanza Februari 2023. Je yalianza? Iko uliza veve dugu yangu ile kuba nafanya kama taira nadanganya kama toto na hapana fatua na fanya kweli kama ile fatu fatukaji fatuzi nafatua gazetini fatu yote some japo iko jinga na shukua hatua komesa hii fatu na fatuma nafatua vote fat. Sisi kule Bombei fatua kila fatu hadi vote nafatuka na kukimbia kuja fatua nyinyi jinga hapa. Hapana ona namna natajirika nyinyi nakufa sikini tokana na jinga yenu dugu yangu? Sasa nadanganywa safari ya SGR iko fanyika na najua haiku. Kwanini ruhusu hii jinga kuba fatua ninyi kama kweli iko fatu?
        Tuendelee baada ya kufanya lecture ya KanjiKadogo Sir alijua urongo huu akaukanusha kwa  kufyatua mwingine kuwa mambo yangeanza  Mei 2023. Baada ya kufika Juni,  Msigwer alijibu kwa rongorongo nyingine kuwa safari za majaribio, siyo safari, zingeanza Julai 2023.
        Funga kazi ni Mahame Mbawala waziri wa Uchukuaji alipona mwaka unayoyoma akasema majaribio yangeanza Januari mwaka huu. Ninapofyatuka ni Februari. Sasa niaminini mie. Safari za majaribio ya SGR zitaanza siku Yesu atakaporudi kuja kuzoza nami ili nimpe inshu zote. Ukiangalia ubangaizaji wote huu unajifunza kitu kimoja kikubwa na muhimu. Hakuna cha SGR wala nini bali rongorongo na upigaji. Nikiangalia yanayongoja kaya hasa uchakachuaji ujao ambao maza amekamia. Mafyatu watapigwa na kufyatuliwa hadi wakome wasipofyatuka wakafyua badala ya kuufyata na kuamini kila upuuzi. Naweza kusema kuwa SGR haitajfanya majaribio ya safari achia mbali safari zenyewe hadi Yesu arudi. Hapa sijagusia migao ya maji na mameme.
        Hivi Yesu anarudi lini?
Chanzo: Mwananchi leo.

Saturday 17 February 2024

BUNGE PASSES PRESISENT SAMIA’s “RECONCILIATON” LEGISLATIVE BILLS.

As I was preparing to write this article, I received the sad news of the death of veteran politician Edward Ngoyai Lowassa.  I wish therefore, before proceeding with today’s topic, which is indicated in the heading above, to pay tribute to our fallen leader.  I first got to know Edward Lowassa when I was elected to Parliament as Member for Ukerewe, and Deputy Speaker of the National Assembly; as a result of the 1990 general election. That is when I came into close contact with Hon. Edward Lowassa, who had been appointed ‘Minister of State’ in the Prime Minister’s Office (PMO), and whose docket included responsibility for Parliamentary Affairs. He was a trustworthy leader, with many leadership endowments.
        His most notable impact on the politics of Tanzania, emerged during the 2015 Presidential election; when he failed to secure nomination by his political party CCM, and defected to the CHADEMA led coalition of Opposition political parties (UKAWA); where he was duly nominated. When the election results were announced, he had secured such a huge number of votes (the kind that had never before been garnered by the opposition parties combined); which nearly “chilled CCM to the bones”.  But his defection was only an exercise in domestic ‘political tourism’; for he subsequently returned to his home base in CCM. May his departed soul rest in eternal peace. Amen.
The passage of the ‘reconciliation’ legislative Bills.
On Friday, 2nd February 2024; the National Assembly (Bunge) unanimously passed three crucial ‘political Reform’ Bills. This is the first leg in the process of enacting statutes, which will be completed when they receive the President’s Assent. That is when they will become law.  These new laws will, indeed significantly, re-shape our political landscape; for they will have addressed some of the long-standing grievances that have been voiced repeatedly by the opposition political parties, regarding what they consider having been an “uneven political playing field” It is for that reason that “all eyes were focused on Bunge, when the House was debating these Bills.
        For the benefit of those of our readers who may not be sufficiently familiar with the law-making process, I should explain that the function of enacting statutes is what brings the two ‘arms’ of Parliament together. Parliament’s two arms are the National Assembly (Bunge), and the President of the United Republic. What this means, is that the legislative Bills which are passed by the National Assembly, must be assented to by the President, for them to become part of the law of the land.  
        To satisfy the President that a given Bill has indeed been passed by the National Assembly, the Clerk of the National Assembly personally must sign a certificate to that effect, which is printed at the bottom of every such Bill, before it is submitted to the President for his action. In that connection, I cherish my memory of the days when I was the holder of that position (for nearly a decade) from 9th December, 1962; during which, all of the Acts of Parliament that were enacted, invariably carried my signature on the relevant certificates.                                                                  
        Thus, as soon as the process of reprinting these Bills to include all the amendments which were introduced during the National Assembly debates, they will be submitted to President Samia for her constitutional Assent; which, of course, will be promptly given; considering the fact that they are a major step forward in the implementation of her innovative “4Rs” philosophy.
The relevant Bills.
The three Bills being referred to are: (i) the National Electoral Commission Bill; (ii) The Presidential, Parliamentary, Parliamentary, and Local Elections Bill; and (iii) The Political Parties Affairs (Amendment) Bill. They had been introduced in the National Assembly for the ‘First Reading’ stage, in November 2023. The process, which was completed on Friday 2nd February 2024, included the ‘Second Reading’, the ‘Committee of the whole House’, and the final ‘Third Reading’ stages. When the President’s Assent has been obtained, they will be published in the official Gazette of the Union government, for the information of the general public.
        The passage of ‘National Electoral Commission Bill. Is of particular significance, especially for the welcome political reliefs that will be gained from its implementation. This is because the complaints that the National Electoral Commission “lacks independence” has been raised constantly by the Opposition parties, whenever they lost the elections, starting from their loss of the first multiparty general election of 1995. The passage of this Bill has, at last, provided this long awaited “independent Electoral Commission”. 
The complete parliamentary legislative process.
What is stated above regarding the National Assembly stages in the process of passing a legislative Bill, is only a part of the elaborate legislative process that is always undertaken by the National Assembly in this particular regard. Thus, in the presumptive belief that there are many individuals among our readers, who are not so well informed about the Parliamentary processes, but some of whom are desirous of (or have the positive ambition) of becoming Parliamentarians, I will take this opportunity to enhance their knowledge and understanding of this important Bunge process, which is as follows: -    
        All proposals for ‘new’ or ‘amendment’ legislation, are submitted to the National Assembly in the form of Bills. A ‘Bill’ in this context, simply means ‘a draft for a new law’. It may be an entirely new law, or a proposal to amend an existing law. Such Bills are submitted to the National Assembly either by a member of the government (a Minister, or the Attorney General), in which case it is called a “Government Bill”; or it may be submitted by an ordinary Member of Parliament (MP), in which case it is called a “Private Member’s Bill”.                                                                                                      The preliminary process.
The Rules provide that all such Bills must be published in the official Government Gazette, not less than twenty-one days before they can be introduced in the National Assembly for the ‘First Reading” stage. The published document must show the full text of the Bill, plus a statement of its objectives and reasons. There is also a requirement for a second publication of such Bills which must be done not later than seven days after the first publication.                          
These rules were made for the purpose of giving the Members of Parliament sufficient time to read, and digest, the proposed Bills, in order to enable them to make adequate preparations for debating them in the House, when the time comes. An essential step in these preparations, is the Bills’ consideration in the appropriate Standing committees of the National Assembly. It is the Speaker’s function to allocate such Bills to the relevant committees, which are required to conduct “public hearing” sessions, in order to collect the views and opinions of the general public, on these proposals.              
 The underlying principle of this exercise is that of involving “people’s participation” in the law-making process. This is important, and indeed necessary, based on the concept that most, if not all ‘legislative Bills’ have, in reality, two specific aspects; the obvious one is the legal aspect, but the other is the political aspect. The legal aspects are normally taken care of by the Parliamentary draftsman; but the political aspects are not his responsibility.      
    This is where the “public hearing” process plays a very crucial role, because the participants will hopefully be looking at the merits, and demerits of the relevant Bill, from the point of view of the general community.
The process within the National Assembly.
We briefly referred above to the ‘three readings’ stages of this process. The “First Reading’ is purely a formal stage, intended to put on record the fact the relevant Bill has been formally received by the National Assembly. This is simply done by the Clerk of the National Assembly. only reading the ‘long title’ of the Bill. No discussion takes place at this stage. And if the Speaker has not yet referred the said Bill to the appropriate Standing committee of the Assembly, he will do that immediately thereafter. The committee has no power to make any amendments to it, but can recommend, in its Report to the House, that such amendments to be made.
        The ‘Second Reading’ takes place at a time decided by the Speaker, which is usually the next meeting of the House. The proceedings take place on a motion formally moved by the Minister responsible for that Bill, in the words “that the Bill be now read a Second time” and proceeds to provide an elaboration on its contents. The Minister is followed by the Chairperson of the relevant committee, who will present the committee’s Report, outlining the considered views and opinions of the committee, and detailing all its recommendations. Thereafter, where the House has an ‘Official Opposition’, the “shadow Minister” then takes the floor, to present the views of their side of the House.
        When all these formal presentations are completed, that is when the motion is ready for general debate by the House. Upon completion of this general debate, the Bill is referred to the “Committee of the whole House, which actually consists of all the MPs present, sitting as one committee.
            Its function is to give detailed consideration of the Bill, clause by clause, giving approval to each of the clauses, when fully satisfied. This gives an opportunity to any Member wishing to make comments on any of the clauses to do so.
The ‘Third Reading’ stage.
This is the final stage in that elaborate process. It takes place immediately after the ‘Committee of the whole House’ has completed its consideration of all the Bill’s clauses. The House then resumes its business; and the Minister responsible for that Bill, reports on the proceedings of the committee; and moves another motion, requesting the House to give final approval to that Bill. A voice vote is then taken. If the majority of the MPs present say “YES” (which is normally the case), the Bill is deemed to have been duly passed by the National Assembly; and the Clerk again reads its ‘long title’.  
Assent to Bills by the President
There is a theoretical possibility of the President refusing to give his/her Assent to a Bill, which is provided for in article 97 (2) of the Constitution, which also provides for the procedure to be followed in the event of this happening; namely that,  if that happens, and the National Assembly again passes the same Bill, with not less than two-thirds majority of all its Members, and is re-submitted to the President for his Assent;  then he is  obliged to give that Assent, within twenty on days. Failing which, he must dissolve Parliament, in order to allow for new elections to take place.   
    However, in our case (where practically all the Bills that are submitted to the National Assembly, are ‘Government Bills)’, this is absolutely inconceivable, and it cannot possibly happen. I cannot recall the ‘crazy’ reason why this provision found its way into our constitution, and I have purposely described it as a ‘crazy” provision, simply because, it actually provides for a very serious, and politically unhealthy confrontation, between the President and the National Assembly. It will probably never happen.                                                                                                  piomsekwa@gmail.com /0754767576.