A
seemingly serious misconception appears
to have has arisen, relating
to the apparent
fear that that
we may be
witnessing a renaissance
of the tribal
Chiefs’ ‘powers and
influence’ in matters
concerning the country’s
governance, (which were
abolished by the
late President Nyerere).
This is the question that appears to dominate
conversation between some
observers of the
current political scene.
I have used the word
“misconception” to mean
“a belief, or
idea, that is not based
on correct information” .
Such misconception actually started
circulating from the
time when President
Samia Suluhu Hassan
attended a cultural
festival at Bujora,
Magu; which had
been organized, and
presided over, by
“Umoja wa Machifu
Tanzania”, on 8th
September, 2021; at
which the President
was installed as
“HANGAYA”, which means ‘Chief
of all chiefs’. But
more recently, this
fear was re-ignited
by the remarks
made by the
Fourth- phase President of
the United Republic,
Hon. Jakaya Kikwete
on 8th June,
2022; when he
was addressing the
13th “Kongamano la
Kigoda cha Mwalimu
Nyerere” at the
University of Dar es
Salaam; at which
he was quoted
as having said
the following :-“siku hizi
nasikia kuna mikutano
ya machifu, sijui
wanaitoa wapi. Sijui
akina Mangi Mkuu
watarudi tena? . .
. . Alisema
anachojua yeye ni
kwamba suala la
uchifu lilishakwisha hapa
nchini, na vile
vile kwamba hajui
hata wakikutana wanakwenda
kujadili kitu gani.
Huku akieleza kwamba
yeye hatamani kuona
watu wanarudi nyuma
na kuanza kufikiria
masuala ya ukabila”.
Very soon thereafter, I received
the following message
from a close
friend and colleague: “Mwalimu wangu,
unaona maneno haya ?
Kwanini tunautaka Uchifu?. This was manifest evidence, that the
fears regarding this renaissance, have
been re-ignited. But, actually,
my above mentioned friend
was not the
only person who
raised this fear;
for there were
many others who raised the
same fear in direct
conversation with me, including
veteran journalist Salvatory
Rweyemamu; who had visited
me for discussions on a totally different
assignment.
The
Bujora festival event.
As already stated above, the ‘Bujora festival’, was the event the initially ignited this misconception. I was among the “elders” who were invited, and was given the special privilege of being allocated a seat in President Samia’s reserved “Royal Box”, or “Meza Kuu”. Soon after the proceedings of the President’s installation ceremony had been concluded; one of the “elders” who had been invited, and was present at there, who had also been a Minister in the government of former President Jakaya Kikwete; came and asked me whether this was not a renaissance of the tribal Chiefs’ former powrs and influence in the management of the country’s affairs which, for the purpose of consolidating national unity, had effectively been terminated by the respected father of the nation, Mwalimu Julius Nyerere? (He was referring to the action taken at the beginning of 1963, of terminating the active role which had been granted to the Chiefs through the colonial “Chiefs’ Ordinance” which had been repealed by a law enacted by the Parliament of Tanganyika in March 1963. That is when I first noticed this serious misconception; that was later buttressed by former President Jakaya Kikwete’s remarks quoted above.
As already stated above, the ‘Bujora festival’, was the event the initially ignited this misconception. I was among the “elders” who were invited, and was given the special privilege of being allocated a seat in President Samia’s reserved “Royal Box”, or “Meza Kuu”. Soon after the proceedings of the President’s installation ceremony had been concluded; one of the “elders” who had been invited, and was present at there, who had also been a Minister in the government of former President Jakaya Kikwete; came and asked me whether this was not a renaissance of the tribal Chiefs’ former powrs and influence in the management of the country’s affairs which, for the purpose of consolidating national unity, had effectively been terminated by the respected father of the nation, Mwalimu Julius Nyerere? (He was referring to the action taken at the beginning of 1963, of terminating the active role which had been granted to the Chiefs through the colonial “Chiefs’ Ordinance” which had been repealed by a law enacted by the Parliament of Tanganyika in March 1963. That is when I first noticed this serious misconception; that was later buttressed by former President Jakaya Kikwete’s remarks quoted above.
It is a
total misconception, simply because
it is , unfortunately, based
on the lack
of a proper
understanding of the
actual contents of
that legislation; and,
with due respect
to all those
who are so
worried, I will
presently attempt to
correct the misconception. And
that is, in fact, the
principal purpose of
this presentation; namely,
an attempt to
correct that misconception by
presenting the facts
regarding the real
objective of that
particular legislation. I am unaware
of the meetings being held
by Chiefs, a
matter which was
referred to by
retired President Kikwete,
as quoted above.
All I know, is that at
the Bujora festival
which is described
above; President Samia did,
in her speech, direct the
Chiefs to hold
such festivities annually,
and rotate them
around all the
Regions of Mainland
Tanzania. These cannot be properly
described as “meetings”;
that are normally held
for the purpose
of making decisions
on specified the
matters; which is
not the case
at such festivals.
Correcting the misconception.
That misconception can best be corrected by exposing the objectives of that legislation. (in legal parlance, every colonial legislation is cited as “Ordinance’; while every post-independence legislation is cited as “an Act of Parliament”. This is why the repealed colonial legislation is referred to as “the African Chiefs Ordinance”; while the repealing legislation, is referred to the “African Chiefs Ordinance (Repeal) Act, 1963”). What that Act actually did, was to repeal the colonial Ordinance, an action which in the words of that legislation, “ terminated the powers and privileges’ that had been granted to the Chiefs by the repealed law. And these are spelled out in section (2 ) thereof, as follows:- “Whereby, under any written law, it is provided that any Chief, by virtue of his office as such, was or was appointed to be, a member of any Council, Assembly, Board, or other Body”. What this provision meant, was that the Chiefs ceased to exercise their Administrative powers as members (and Chairpersons) of their Native Authority District Councils; as well as their judicial powers as magistrates of their “Native Courts”.
However, in order to save those Chiefs who were at that time members of the National Assembly, like Chief Abdallah Fundikira (who was Minister of Justice) and Chief Adam Sapi Mkwawa (who was the Speaker of the national Assembly) and Chief Erasto Mwana Mang’enya (who was Junior Minister in the Ministry of Communications, Power & Works); a provision was included in that section, which empowered the Minister for the time being responsible for Local government , by Order published in the Official Gazette, “to declare that such person shall not, by reason only of the repeal of that Ordinance cease to be a member of such Council, Assembly or other Body; but shall remain a member of that Body; as if the Ordinance repealed is still in operation”. This is what enabled these Chiefs to remain in Parliament, and to retain their respective positions therein.
Correcting the misconception.
That misconception can best be corrected by exposing the objectives of that legislation. (in legal parlance, every colonial legislation is cited as “Ordinance’; while every post-independence legislation is cited as “an Act of Parliament”. This is why the repealed colonial legislation is referred to as “the African Chiefs Ordinance”; while the repealing legislation, is referred to the “African Chiefs Ordinance (Repeal) Act, 1963”). What that Act actually did, was to repeal the colonial Ordinance, an action which in the words of that legislation, “ terminated the powers and privileges’ that had been granted to the Chiefs by the repealed law. And these are spelled out in section (2 ) thereof, as follows:- “Whereby, under any written law, it is provided that any Chief, by virtue of his office as such, was or was appointed to be, a member of any Council, Assembly, Board, or other Body”. What this provision meant, was that the Chiefs ceased to exercise their Administrative powers as members (and Chairpersons) of their Native Authority District Councils; as well as their judicial powers as magistrates of their “Native Courts”.
However, in order to save those Chiefs who were at that time members of the National Assembly, like Chief Abdallah Fundikira (who was Minister of Justice) and Chief Adam Sapi Mkwawa (who was the Speaker of the national Assembly) and Chief Erasto Mwana Mang’enya (who was Junior Minister in the Ministry of Communications, Power & Works); a provision was included in that section, which empowered the Minister for the time being responsible for Local government , by Order published in the Official Gazette, “to declare that such person shall not, by reason only of the repeal of that Ordinance cease to be a member of such Council, Assembly or other Body; but shall remain a member of that Body; as if the Ordinance repealed is still in operation”. This is what enabled these Chiefs to remain in Parliament, and to retain their respective positions therein.
In this connection, there are two
points which should
be specially noted.
The first is that the institution
of chiefs itself,
was not abolished;
and the second
is that because
this matter was
effected through a
legal process; it
cannot be undone
in any other
way, without going
through a similar legal
process.
The institution of Chiefs was not abolished.
The action of saving the above named Chiefs from ceasing to be members of the National Assembly alone, is sufficient evidence that this legislation was not intended to abolish the institution of Chiefs. That is the basic fact that should be noted.
The institution of Chiefs was not abolished.
The action of saving the above named Chiefs from ceasing to be members of the National Assembly alone, is sufficient evidence that this legislation was not intended to abolish the institution of Chiefs. That is the basic fact that should be noted.
That is
precisely why the
Chiefs mentioned above
continued to be
recognized by their
name of ‘Chief’;
like Chief Fundikira,
Chief Adam Sapi,
etc. In the
particular case of
Ukerewe, my home
District, Chief Lukumbuzya
was appointed to
serve in the Diplomatic Service,
first as Tanzania
High Commissioner to
India; and was
subsequently transferred to
Canada. And when
he died in September
1981, the “Royal
Drum” was, according
to custom and
tradition, ceremonially handed
over to his
eldest son, Viane
Michael Lukumbuzya Mwinamila.
The
Island of Ukara
had its own
Chief Mataba, a
proud personality who
was acutely aware
of the vulnerability of
his geographically tiny kingdom;
and the danger
of its being
“swallowed” by the
larger Ukerewe empire,
which extended far
beyond the boundaries
of this Island.
He therefore constantly
warned this potential
enemy through catchy sayings signifying his
equality with him,
particularly his famous “omutaho gutaitaya mu
gundi“ (a gourd
cannot draw water
from another gourd), which he was
the sole originator,
or inventor.
Legislated matter can only be undone through another legislative process
An old dictum says that “what Parliament does, cannot be undone by any other Authority” (except by the courts of competent jurisdiction in specified circumstances). Since the provisions of the “Chiefs Ordinance (Repeal) Act were enacted by Parliament; it cannot be changed by any other Authority. Any proposals for change, must be brought back to Parliament for consideration and decision. Since no such proposals have been brought to Parliament; there is no reason to believe, that a ‘renaissance of the Chiefs powers and influence’ is in the offing.
President Nyerere and the Chiefs
A little background to the matter of the relationship between President Nyerere and the Chiefs in Tanganyika would, I presume, be of interest to our readers; as it might help to dispel any misguided notion that ‘Mwalimu Nyerere might have harboured a personal dislike for the Chiefs, which perhaps motivated him to enact the said legislation’. I confidently submit, that this was certainly not the case at all.
Legislated matter can only be undone through another legislative process
An old dictum says that “what Parliament does, cannot be undone by any other Authority” (except by the courts of competent jurisdiction in specified circumstances). Since the provisions of the “Chiefs Ordinance (Repeal) Act were enacted by Parliament; it cannot be changed by any other Authority. Any proposals for change, must be brought back to Parliament for consideration and decision. Since no such proposals have been brought to Parliament; there is no reason to believe, that a ‘renaissance of the Chiefs powers and influence’ is in the offing.
President Nyerere and the Chiefs
A little background to the matter of the relationship between President Nyerere and the Chiefs in Tanganyika would, I presume, be of interest to our readers; as it might help to dispel any misguided notion that ‘Mwalimu Nyerere might have harboured a personal dislike for the Chiefs, which perhaps motivated him to enact the said legislation’. I confidently submit, that this was certainly not the case at all.
In fact, except in
respect of one
or two ‘traitor’
Chiefs, who sided
with the colonial
Administration in obstructing
the country’s progress
to independence; Mwalimu Nyerere
was fully appreciative
of the positive
role that was
played by the
vast majority of
the Chiefs in
the struggle for
independence. This is evidenced
by his own
statement in the
colonial Legislative Council
on 19th March,
1959; in which
he made reference
to this positive
role in the
following words:- “We
have one strong
nationalist Movement (TANU),
which is supported
by all the
tribes in the
country, and their
Chiefs. There are
people were expressing doubts
about this unity
of the people
and their Chiefs,
until a few
days ago, when
the Chiefs themselves
put that support in
writing. Then the ‘doubting
Thomases’ conceded, when
they said: “it
is true, after
all, that the
Chiefs are united
with their people on
this” Of tribal
Chiefs and their powers
It
is also worth noting,
that this statutory
abolition of the
chiefs’ powers was
carried out absolutely
smoothly, and without
any opposition, covert
or overt, neither
from the general
public, nor even
from the affected
Chiefs themselves.
The positive
support for that
action can be
attributed to a
number of factors,
such as the (hidden) hatred that
had been generated
against the Chiefs ,
as a result
of the dictatorial
nature of their
rule; for they
pretty often ordered
the confiscation of
property belonging to
their subjects for
their own use;
and even ordered
arbitrary executions of
their subjects, for
questionable reasons. This
is amply confirmed
by the following
statement, which is
quoted from the
book titled “A Biography of Julius
Nyerere”, Volume 1, (Mkuki
and Nyota Publishers,
Dar es Salaam, 2020), which says thus:- “The authority bestowed upon Chiefs
(by the colonial
Administration) enabling them
to collect taxes,
and other kinds
of levy; provided
them with plenty
of room for
augmenting their salaries
through underhand methods. It has been suggested that the lack of mourning
for the passing away of the Chieftaincy,
demonstrates the tenuous
hold which that
institution had had
on the social
and political life
of the nation”. This “lack of mourning” at the demise
of the Chieftaincy in 1963, probably also explains
the concerns that
are being currently
expressed by those
who fear the
presumed revival of
the powers and
influence of the
said Chiefs; which we have endeavoured
to dispel in this
short presentation.piomsekwa@gmail.com / 0754767576.
Sources: Daily News and Cde Msekwa today.
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