This is a continuation of my presentation titled “the Story of the Tanzania Parliament”, which we commenced last week; when we discussed the origins of our Parliament, or BUNGE; which, during the period of the colonial Administration of Tanganyika Territory, was known as the “Legislative Council” (LEGCO), established in 1926. This Legislative Council was created by the British House of Commons, through legislation cited as the Tanganyika Legislative Council (Order– in Council, of 1926.
In today’s presentation, we will focus on the ‘Independence Parliament (1960 – 1965). The change of designation, from Legislative Council, to Parliament, should be noted. There is a similar distinction regarding the citation of the laws enacted. Whereas the laws enacted by the colonial Legislative Council are cited as “Ordinances”; those enacted by Parliament are cited as “Acts”.
The composition of the colonial Council.
In today’s presentation, we will focus on the ‘Independence Parliament (1960 – 1965). The change of designation, from Legislative Council, to Parliament, should be noted. There is a similar distinction regarding the citation of the laws enacted. Whereas the laws enacted by the colonial Legislative Council are cited as “Ordinances”; those enacted by Parliament are cited as “Acts”.
The composition of the colonial Council.
The colonial Legislative Council was presided over by a Chairman, who was the Governor himself; and all its Members, numbering 20, were nominated by the Governor. No Africans were nominated. According to available records, the first two African nominated Members, Chief Abdiel Shangali and Chief Kidaha Makwaia, entered LEGCO on 24th November, 1945. Two other African Members, Chief Adam Sapi Mkwawa, and Mr. Juma Mwinadi, were nominated in June 1947 and April 1948 respectively. The first significant change was introduced on 1st November, 1953; when the governor ceased to preside over the LEGCO proceedings, and was replaced by the Speaker, Brigadier Sir William Scuphum.
Another significant change was introduced in April 1955, with the entry of the first women Members : Ms Elifuraha Mkamangi Marealle, Ms K.F. Walker, and Mis S Keeka.
The major change in the composition of LEGCO during that period, was introduced in 1957/58; with the entry of the first elected Members from 10 constituencies; with the participation of three newly formed political parties: the Tanganyika African National Union (TANU), the United Tanganyika Party (UTP) and the African National Congress (ANC). But the TANU sponsored candidates were the winners in all the 10 constituents.
The major change in the composition of LEGCO during that period, was introduced in 1957/58; with the entry of the first elected Members from 10 constituencies; with the participation of three newly formed political parties: the Tanganyika African National Union (TANU), the United Tanganyika Party (UTP) and the African National Congress (ANC). But the TANU sponsored candidates were the winners in all the 10 constituents.
A second parliamentary election was held in September 1960, when the number of constituencies had been increased to 71. This was the election that ushered Tanganyika into independence; in which, once again, TANU candidates won unopposed in 58 constituencies, and won all the contested seats, except one, which however was won by a TANU member, who had stood as an independent candidate; which thus became a de facto one-party Parliament which, in the parliamentary records, is designated as the “Independence Parliament”, of 1960-1965.
Enter the Independence Parliament.
.The most notable events in the performance the ‘Independence Parliament’, are in relation to two issues: (a) enacting legislation to rapidly dismantle all the harmful governance structures that had been created and left behind by the colonial Administration; and (b) the establishment of new structures appropriate for an independent, self- governing nation.
Enter the Independence Parliament.
.The most notable events in the performance the ‘Independence Parliament’, are in relation to two issues: (a) enacting legislation to rapidly dismantle all the harmful governance structures that had been created and left behind by the colonial Administration; and (b) the establishment of new structures appropriate for an independent, self- governing nation.
But the traditional parliamentary symbols which are used in the British Parliament, whose use had been transferred to the Tanganyika Legislative Council, were inherited wholesale by the Independent Parliament. These were the Mace, (the symbol of the Speaker’s authority), and the Speaker’s regalia. Because these symbols were not harmful in any way, they were retained unchanged, during the first year of the post-independence period.
The dismantling process.
The harmful governance structures that had to be quickly dismantled, included the disgusting system of racial segregation in the provision of essential public social services, such as education and health; and other structures that threatened to create impediments to the efforts to achieve national unity and coherence among the country’s scattered numerous ethnic or tribal groups.
The first such governance structure that had to be immediately reformed, was the country’s constitution. The Tanganyika independence constitution was, actually, a creation of the British House of Commons, which was brought to Tanganyika in the form of legislation enacted by the British Parliament, cited as The Tanganyika (Independence) Order-in-Council, of 1961. It was thus negatively viewed by the ruling party TANU, as “an embodiment of colonial, or neocolonial, paternalism”. It was therefore necessary to devise a new constitution which was more appropriate for an independent State, and was more capable of inspiring a sense of loyalty in the people of the new nation of Tanganyika.
The dismantling process.
The harmful governance structures that had to be quickly dismantled, included the disgusting system of racial segregation in the provision of essential public social services, such as education and health; and other structures that threatened to create impediments to the efforts to achieve national unity and coherence among the country’s scattered numerous ethnic or tribal groups.
The first such governance structure that had to be immediately reformed, was the country’s constitution. The Tanganyika independence constitution was, actually, a creation of the British House of Commons, which was brought to Tanganyika in the form of legislation enacted by the British Parliament, cited as The Tanganyika (Independence) Order-in-Council, of 1961. It was thus negatively viewed by the ruling party TANU, as “an embodiment of colonial, or neocolonial, paternalism”. It was therefore necessary to devise a new constitution which was more appropriate for an independent State, and was more capable of inspiring a sense of loyalty in the people of the new nation of Tanganyika.
The task of making this new constitution was carried out and completed during 1961, the first year of independence; and the product was the Republican constitution of 1962.
Dismantling the other harmful colonial structures. The next immediate preoccupation of the Independence Parliament, was the dismantling of the other harmful governance structures, and their replacement with more appropriate ones. I was the Clerk (CEO) of the National Assembly at the material time, and can vividly remember the hectic steps which were taken in carrying out that task. For example, the Standing Rules of the National Assembly require that a Bill proposing the enactment of any law, must be published in the official government Gazette, not less than 21 days before it can be introduced for First Reading in that House. However due to the urgent nature of implementing this task, that particular Rule was routinely waived in very many cases; and instead, the relevant Bills were introduced under “certificate of urgency”; and were passed through all the three stages of First Reading, Second Reading, Committee Stage and Third Reading, in one Sitting, i.e. in only one day. A practical demonstration of Mwalimu Nyerere’s slogan of “we must run while others walk”.
This legislative dismantling (and reform) process covered many areas, but those that needed the most urgent reform were: (i) the Court system; (ii) the Education system; (iii) the Local government system; and (iv) the Land tenure system. All the necessary legislative reforms were undertaken and completed in 1963, which was the first year of Mwalimu Nyerere’s Presidency.
The reforms in the Court system involved the repeal of the colonial Magistrates Ordinance, which was replaced by the Magistrates courts act of 1963, which removed the racial discriminatory nature of the previous ordinance. The reforms in the Education sector, which had established equally repugnant racial discriminatory features; was also repealed and replaced by a new Education Act, which was more appropriate for the educational needs of the new nation.
Some reforms were motivated by national pride.
I am here referring to the introduction of Kiswahili for use in the proceedings of the National Assembly. We have already seen above, that TANU won the first parliamentary election In 1957/58, Soon after this victory, the party passed a resolution to make Kiswahili the “national language that was to be used in all government business after the attainment of independence” . This resolution was implemented at the beginning of 1963, when President Nyerere issued a directive to that effect, requiring the use of Kiswahili in all government operations, where possible.
This legislative dismantling (and reform) process covered many areas, but those that needed the most urgent reform were: (i) the Court system; (ii) the Education system; (iii) the Local government system; and (iv) the Land tenure system. All the necessary legislative reforms were undertaken and completed in 1963, which was the first year of Mwalimu Nyerere’s Presidency.
The reforms in the Court system involved the repeal of the colonial Magistrates Ordinance, which was replaced by the Magistrates courts act of 1963, which removed the racial discriminatory nature of the previous ordinance. The reforms in the Education sector, which had established equally repugnant racial discriminatory features; was also repealed and replaced by a new Education Act, which was more appropriate for the educational needs of the new nation.
Some reforms were motivated by national pride.
I am here referring to the introduction of Kiswahili for use in the proceedings of the National Assembly. We have already seen above, that TANU won the first parliamentary election In 1957/58, Soon after this victory, the party passed a resolution to make Kiswahili the “national language that was to be used in all government business after the attainment of independence” . This resolution was implemented at the beginning of 1963, when President Nyerere issued a directive to that effect, requiring the use of Kiswahili in all government operations, where possible.
It was not possible, for example, to do the business of drafting legislative Bills in Kiswahili, so this was not be done. But it was certainly possible to conduct the National Assembly proceedings in Kiswahili. But because the Independence Parliament which was elected in September 1960 included a few Europeans and Asians who were occupying seats that were reserved for them under the colonial election legislation; and who had not learnt the Kiswahili language; it was decided to retain English as the alternative language for use in the National Assembly debates.
The difficulty was only in transcribing the speeches made in Kiswahili during the Assembly debates, for the Hansard records. This difficulty arose because prior to the said directive, such transcriptions were undertaken by expatriate shorthand writers and typists, who were normally borrowed from the High Court for that purpose; and no Kiswahili shorthand system had been developed by then.
The difficulty was only in transcribing the speeches made in Kiswahili during the Assembly debates, for the Hansard records. This difficulty arose because prior to the said directive, such transcriptions were undertaken by expatriate shorthand writers and typists, who were normally borrowed from the High Court for that purpose; and no Kiswahili shorthand system had been developed by then.
Hence, we had to find an alternative method of transcribing the National Assembly debates and proceedings. It thus became necessary to recruit a new cadre known as audio typists for that task. It took some time and money to establish this new system; but, with the helpful cooperation and active support of the Treasury ‘Organization and Methods’ Unit, and of the Manpower Development Department (then known as the ‘Central Establishments Department’); we were able to successfully complete that assignment within the available time-period, i.e. before the next following session of the National Assembly.
The British traditional parliamentary symbols retained.
However, the conventional British parliamentary symbols were retained. These were:- (i) the Mace, (which is regarded the symbol of the Speaker’s power and authority); (ii) the Speaker’s robes, and the Speaker’s Chair.
However, the conventional British parliamentary symbols were retained. These were:- (i) the Mace, (which is regarded the symbol of the Speaker’s power and authority); (ii) the Speaker’s robes, and the Speaker’s Chair.
The first Speaker’s Chair was received as an independence gift given to us by the British House of Commons. The Mace has actually been retained to the present day. But, for obscure reasons, the Speaker’s robes were abandoned when the first indigenous Speaker, Chief Adam Sapi Mkwawa, was elected. Speaker Adam Sapi wore his traditional robes as Chief of the Wahehe tribe, when presiding over the proceedings of the National Assembly; but, in the absence of cogent reasons for abandoning them the Speaker’s robes were subsequently returned to use in the late 1990s, under Speaker Pius Msekwa.
The coming of the Union Parliament.
The establishment of the Union between the Republic of Tanganyika and the Peoples’ Republic of Zanzibar on 26th April, 1964; resulted in the creation of the Parliament of this United Republic of the United Republic of Tanzania; which came into existence on 27th April, 1964, with the swearing-in of its new Members from Zanzibar.
The coming of the Union Parliament.
The establishment of the Union between the Republic of Tanganyika and the Peoples’ Republic of Zanzibar on 26th April, 1964; resulted in the creation of the Parliament of this United Republic of the United Republic of Tanzania; which came into existence on 27th April, 1964, with the swearing-in of its new Members from Zanzibar.
The other Organs of State governance had already been established by the Articles of Union: including the Interim Constitution of the United Republic; was to be the Constitution of Tanganyika, appropriately modified to make provision for (i) a separate government for Zanzibar; and (b) for the representation of Zanzibar in the Parliament of the United Republic. The Interim constitution also declared Mwalimu Julius Nyerere as the first President of the United Republic; and Abeid Amani Karume as the first President of Zanzibar.
At the time the Union was formed, the Zanzibar State had only just emerged from a successful glorious revolution; that had overthrown the Arab Sultan’s government; and had by then, established only one instrument of government, namely the Revolutionary Council, which was mandated to perform all the three functions of State governance.
In these circumstances, it was necessary only for the Zanzibar Members to be sworn into office as Members of the Union Parliament. The former Tanganyika MPs did not take that oath, simply because they were regarded as continuing Members of the Independence Parliament; which was dissolved towards the end of August, 1965.
The most notable significant Legislative action taken by the Union Parliament, was the enactment, in July 1965, of a new constitution for the newly created country. This was the ‘One-party’ constitution of 1965. However, this action was merely the finalization of a long constitution-making process, which had commenced way back in 1963, long before the formation of this Union, with the appointment by President Nyerere of the Kawawa constitutional commission; which, upon the formation of the Union, was expanded to include members from Zanzibar. The new constitution was eventually enacted by the Constituent Assembly, and became effective on 10th July, 1965.
piomsekwa@gmail.com / 075767576.
Source: Cde Msekwa.
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