We closed our last week’s discussions at the point of the tragic death of Premier Edward Sokoine; which caused a major reorganization of the Government at the cabinet and Permanent Secretary levels. I was directly involved in that reorganization. On one fine morning, I was called by telephone and instructed to report to President Nyerere at 14.00 hours that afternoon. I did as I was instructed. On arrival in his office, I found the President in a very relaxed mood. After exchanging the usual pleasantries, he informed me that he had selected Salim Ahmed Salim for the Premiership; and immediately went on to add that he had also appointed me as Permanent Secretary in the Prime Minister’s Office. And, rather surprisingly, he also explained, at length, why he had selected me for that job! It was at the end of the President’s rather extraordinary, openhearted disclosures, when I realized that his selection of Salim Ahmed Salim for Prime Minister, was designed to implement his succession plan which had been frustrated by Premier So koine’s tragic death. Now he wanted Salim to be his successor in State House.
And I also realized, that he wanted me to assist him in making that plan a success; by helping to make Salim Ahmed Salim a successful Prime Minister, in order to further strengthen his capability for succession to the Presidency. When I gave my affirmative reply after he had finished his friendly discourse, namely that I was quite ready to undertake that new assignment, he informed me that he was finalizing his cabinet line-up that afternoon; and would announce all the new appointments in his evening radio broadcast that same day. He wished me good luck in my new assignment; and allowed me to leave his office.
Zanzibar President Aboud Jumbe’s forced resignation.
The events just described above, occurred at the beginning of May, 1984. But before that, in February, 1984; another event of significant political importance had also taken place. This was the forced resignation (read dismissal) of Hon. Aboud Jumbe, the President of Zanzibar, and Union Government Vice President, who was also the Vice-Chairman of CCM, the Ruling party, from all those positions.
The only source of his troubles, was his secret attempt to alter the (sacred) two- Government structure of the Union between Tanganyika and Zanzibar. He was literally ‘caught in the action’, of doing that, with the assistance of a Ghanaian constitutional lawyer whom he had privately invited to Zanzibar, and assigned the task of drafting a Constitution which purportedly would have replaced the two-government structure with a Federal three-government structure, consisting of the State governments of Tanganyika and of Zanzibar; plus a Federal government of the United Republic.
This matter was brought to light by Mwalimu Nyerere himself, at the regular February meeting of the party’s National Executive Committee, which was held in Dodoma in January 1984, and which I attended. It was an usually tense meeting. When the accusations were first raised, President Aboud Jumbe attempted to deny having taken any such action, but his defense was of no value, in the face of incriminating documentary evidence that President Nyerere ha gathered. When this evidence was ‘laid on the Table’; Aboud Jumbe had no choice but to admit having taken those steps, but for what, he said, he believed was “the general good of the country”. It is upon such admission that he was ordered to resign immediately from all his government and party positions; an order which he magnanimously obeyed, by announcing his resignation orally right there at that meeting; followed by resignation letters addressed to the relevant Authorities.
The 1984 Major Constitutional Reforms.
The year 1984 is also notable for the significant constitutional reforms, which were introduced in the country’s Union Constitution of 1977; as well as in the Zanzibar Constitution of 1979. These reforms were a direct result of the work which had been done in order to implement the CCM directives which were contained in “MWONGOZO WA CCM WA 1981”. These 1981 CCM Guidelines were the successor to the TANU Guidelines of 1971; and their issuance was the next important political milestone after the birth of Chama cha Mapinduzi in 1977. This Guidelines document had been adopted by the CCM National Executive Committee meeting in Dar es Salaam in December, 1981: “after a careful consideration and evaluation of the existing state of affairs in the areas of our politics, and our social and economic development; and having realized that it was necessary to issue new directives in order to spell out more clearly, the correct implementation strategies to ensure the eventual achievement of our development vision”.
In relation to the reforms in the Constitution, the Guidelines had even identified the specific areas which needed reform. It is commendable that the process of implementing this directive, had commenced almost immediately; for the National Executive Committee had quickly appointed a Constitution Review Commission, which was given the task of making proposals for the amendments that were required to be made both to the Union Constitution, and to the Constitution of Zanzibar. I was fortunate, and indeed delighted, to have been appointed a member of that Commission. Also, on that Commission was Joseph Warioba. The two of us were assigned the special responsibility for closely studying the provisions of some other Union, or Federal Constitutions in the world, to see if there was anything useful we could learn from them. For that purpose, the two of us travelled together to London, United Kingdom; to study the British (unwritten) Constitution and their constitutional practice. Thereafter Joseph went to Ottawa, Canada, to study the Canadian Federal Constitution; and I went to New Delhi, India, to study the Indian Union Constitution.
Our Commission worked hard and fast, and we were able to present our final Report to the National Executive Committee on 18th October, 1982; which, happily, was accepted with only minor amendments.
The basic fundamental reform provisions.
The said amendments were made by Parliament, through its normal procedures. Our readers may probably wish to know the general contents of these amendments. The fundamental provisions which were introduced for the first time in our country’s Constitution, were the following:-
(1) The introduction of the basic Rights Duties of the citizen of Tanzania. These included: the right to equality; the right to life; the right to personal freedom; the right to privacy and personal security; the right to freedom of movement; of expression; of religion; and of association, and participation in public affairs, subject to the laws of the land. But there was also the important proviso, that “In order that all persons may benefit from the rights and freedoms specified in this Constitution, every person has the duty to so conduct himself and his affairs in a way that does not infringe upon the rights and freedoms of others, or of the public interest”.
The basic Duties included the duty to participate in productive work; the duty to abide by the laws of the land; the duty to safeguard public property; and the duty to participate in the defence of the nation.
(2) Another very fundamental historic reform which was introduced in the 1984 Constitutional amendments, was the introduction of a limitation to the number of terms that the President of Tanzania may serve. That provision provided a maximum of two five-year terms. The argument that led to that historic decision was advanced by President Nyerere himself; in the following words:- “ Whether we like it or not, a change of leadership must occur at some point in time, due to the fact that every person will eventually die. But it would be very unwise to wait until death forces a change of the nation’s leadership; for the stark truth is that however good or efficient a particular leader may be; his ability to deliver will diminish progressively in line with his advancing age. He will thus, eventually, tend to rely more on old, and perhaps outdated, methods of leadership; completely unable to take into account, or to respond appropriately, to the changing needs and circumstances of this rapidly changing world. It would therefore be wiser, and more prudent, for a nation to provide a permanent mechanism that will ensure a smooth regular change of its top political leadership. We should not leave it to the incumbent President to decide when he will leave that office. It is the country’s Constitution which should make that decision for him”.
The strengthening of ‘people’s power’ at the grassroots level.
The 1981 CCM Guidelines had also issued directives for the strengthening of ‘people’s power’ at the grassroots level. In that connection, it was decided and directed, that there be established Local Government Councils in every rural District, and in every designated Urban area. Prior to that, Local Government Councils could only be established, in the words of the relevant legislation, “by the Minister, after consultation with the President, in such rural District or Urban area as he may deem necessary”.
The Zanzibar Constitution of 1984.
Because the party’s directives were binding upon both the Union Government as well as the Government of Zanzibar, similar amendments were introduced in respect of the Constitution of Zanzibar, 1979. But the Zanzibar Legislature decided, that the amendments were so substantial and fundamental, that it was better to write a new Constitution. The result was the Zanzibar Constitution of 1984; whose contents were exactly the same as those of the Union Constitution.
The events of 1985.
The most significant event of the year 1985, was that President Nyerere’s succession plan was again frustrated, and Salim Ahmed Salim did not become President of the United Republic; this time due to strong opposition from the all-powerful CCM National Executive Committee.
My appointment as Chairman, CDA Board of Directors.
In 1985, the Government changed the composition of the Board of Directors of the Capital Development Authority (CDA), which had hitherto been composed of Ministers of specified Ministries, and replaced them with Permanent Secretaries of the same specified Ministries; with me, the Permanent Secretary in the Prime Minister’s Office, as Chairman of that reformed Board. But I continued being re-appointed again and again even long after I had ceased to be Permanent Secretary in that Office.
The change of the Local Government financial year.
Under our leadership, three other significant changes were introduced by the Prime Minister’s Office in 1985. One was to change the Local Government (District and Urban Councils) financial year. Whereas previously, the financial year for these Local Authorities was the same as that of the Central Government, namely, from 1st July to 30th June of the following calendar year; this was now changed to 1st January to 31st December of the same calendar year.
The other was to merge the two separate Local Authority Associations into one single Association. Whereas hitherto there had been two separate Associations, one for the Urban Local Councils (ALAT) and the other for the rural Local Councils (ARLAT); these were now merged into one only Association, (ALAT).
And the third was to make the 1st day of January (new year’s day), a public holiday in Tanzania where, in previous years, it was a normal working day.
piomsekwa@gmail.com/0754767576.
(Will be continued next week).
Source: Daily News and Cde Msekwa.
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