Tribute to Legend Manu Dibango RIP

 

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.

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 Kanji. Kadogo 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.

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 9^th 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.            

Mafyatu Wamlichekea Eddie Luwasha Kinamna

“Kifo, kifo, kifo hakina huruma”, alijiibia fyatu Remi Ongaka asikje bila kuwepo kifo haki isingetendeka. Juzi mafyatu walipopokea msiba wa Eddie Luwasha aka Richmonduli yero ambaye hakutumia ole kuonyesha kuna kitu siyo, walikuwa na mawazo mchanganyiko. Wapo waliochekea na kufurahia utadhani wao hawafyatuliwa siku moja tena wakiwa makapuku waliosikinishwa. Wapo waliochanganyikiwa kwa unafiki wa waliomtimua uwaziri mkubwa akificha siri zake na pacha wake kuwa alikuwa kiongozi bora. Kweli? Kwanini baadhi ya mafyatu ni wanafiki waliojipachika uwezo wa kuhukumu na kusamehe dhambi wakati wote ni walewale japo si wote? Luwash9a alikuwa fyatu kama wengine alikuwa mazuri na mapungufu yake. Isitoshe, mafyatu wanapata wanene wanaofanana nao. Usitegemee mafyatu mtoe malaika japo wapo wachache wenye matendo na sifa japo wapo kinyume. Luwasha amefyatuka tuachane na kumchunguza kuku! Hii ajabu! Mnaomsifia na kumtukuza ni walewale mlimnyanyanyasa baada ya siri zake kufichuka akikimbia chata na kujiunga na upingaji hadi mlipoingia makubaliano ya kukipa kitegemezi chake ulaji.

            Tuuombee aende salama na kuutambua mchango wake kama kiongozi wa juu wa kaya ambaye bila shaka yapo mema na mabaya aliyotenda kama fyatu yoyote wewe na mimi.

Mimi kama rahis wa mafyatu, nitachukua hatua kali dhidi ya wanaoshangilia kufyatuliwa kwa Luwasha na wanaomsifia. Sisi tunashukuru kwa muda aliopewa kufyatua maana miaka 70 si haba wala nchezo. Kweli Luwasha kapigana vita na kuikamlisha safari huku akilinda imani ya chata lake la walaji. Hajaacha vitegemezi vyenye kuvaa nepi wala vinavyolala njaa. Hajaacha mjane kapuku bali anayenuka ukwasi hata kama umepatikana kinamna. Kwa upande wa pili, niliuza mafyatu kwanini walikuwa wanachelekea na kushangilia kufyatuliwa kwa mwenzao. Bila aibu walisema kuwa wanalilia njuluku zao zilizozamishwa na Richmonduli bila kuwasahau akina Kagoda ambao siku hizi wameshika kani wakitesa na kutanua wasijue kuna mwisho. Hata wale habithi wa IPTel kuna siku watafyatuliwa tu kwa kuwafyua mafyatu na kuwadhulumu kimasomaso mbali na kuwaletea adha zisizokwisha. Hivi yule karasinga Habith Setii aliishia wapi au ashachomolewa kwa mlango wa nyuma?

Mafyatu walisema wanakumbuka mateso wanayoendelea kuyapata kwa migao ya umeme iliyosababishwa na madudu kama IPTel na Richmonduli, na mengine manene ya wanene kama haya ya juzi ya akina Riz One. Mmoja alisema bila hata aibu na woga kuwa wanakumbuka namna walivyopigwa changa la machoni kwa kufanyiwa usanii wakati kama alivyosema Luwasha, aliachia ngazi kulinda maslahi yake, chata lake, pacha wake na lisirkal lao. Hivyo, wa ufisi na ufisadi, alikuwa Yeshu wao.

Mafyatu si vichaa wala katili kiasi hicho ikizingatiwa kila jambo huwa mantiki na sababu zake viwe sahihi au vya hovyo kama kushangilia kufyatuliwa kwa mwenzetu. Nilipofoka na kuwatuhumu ukatili, unyama, na ukosefu wa utu, mmoja alijibu hadi nikaishiwa kalaji. Bila aibu na kujali kuwa mimi ni rahis wao alijibu ‘ni wapi Yeshu alimsamehe Yuda?” Swali hili, licha ya kunichanganya, liliniacha hoi. Pamoja na udoktari na uprofesa emeritus wangu, niliona niliweke hapa ugani japo tuliangalia kwa undani na kujifunza kitu kama njia ya kufundishana na kuonyana tusipende njuluku hadi mafyatu wanashangilia kufyatuliwa kwetu. Wiki mbili zilizopita, nilipowafyatua akina Riz One kuhusiana na upigaji wao wa Mirirani nilionya kuwa ngurumbili hana haja ya kuhangaishwa na njuluku hadi anadhulumu au kuwauza wenzake au kulewa madaraka hadi anawatapeli na kuwatesa wenzake kama kile kibashiti na waliokifufua. Siku moja ulikuja siku moja utaondoka. Ni kanuni ya kimaumbile.  Ndiyo maana namlilia Luwasha kwa vile alikuwa mwanasiasa mahiri aliyewafia wenzake. Aliweza kuhama chata lililomtengeneza japo baadaye aliramba matapishi yake akarejea kwa sababu zilezile za ulaji.

Kupenda ulaji kupita kiasi ni sawa na uchangu wa aina fulani. Kwani, akili huacha kufikiri na tamaa huchukua nafasi yake. Wakumbuke magwiji waliotesa sana kayani lakini wakafukiwa kwenye pembe nne ambayo haweza kuingia hata ng’ombe tokana na udogo wake. Wako wapi zaidi ya kuwekwa kwenye kaburi la sahau? Wako wapi wapigaji kama David Balalii, Muhdun Ndongala, Guramaali, Bazil Moneymbili, Beno Ndururu, Jose Munguy, Stansie Ben Makuliko na wengi wengi? Je kwa falsafa hii, fyatu ni nani hadi ajivune na kuwahujumu au kuwatesa wenzake? Huwa napenda kutembelea kisa cha fyatu mmoja aitwaye Tunda Lishe. Jamaa alishindiliwa shaba mia kidogo akapona na waliotumika au kuamrisha afanyiwe kitu mbaya wakafyatuliwa na virusi viduchu visivyo na umbo lionekanalo kwa macho wakaacha mamlaka yote waliyotumia kutesa wenzao. Je mafyatu manjifunza nini? Tusamehe na kusahau au tusamehe na kukumbuka? Tusilishane pepo na kudanganyana wakati nyoyo zikinyatuka au tupewa ukweli japo utuweke huru? Je kweli Luwasha alikuwa shujaa au kinyonga kwa waliomjua vizuri? Je alikuwa msafi kama anavyopambwa na waliomchafua au msafi anayeoshwa kwenye umauti na walewale aliotenda nao waliyoyatenda? Je tunapompamba fyatu ambaye yuko uchi na aliyekwishafyatuka, tunamdanganya nani zaidi ya sisi wenyewe?

  Mafyatu wataomboleza kwa siku tano kikaya. Je anafanyiwa hivyo kwa kustahiki au kuna nguvu nyuma ya pazia inayosababisha haya kujikosha au nafsi na roho zao kuwasuta? Kwanini mlinghasi hasi akakimbia chata na mkaendelea kumghasi hadi akarudi? Je hiki hakiwezi kuwa chanzo cha mauti yake ikizingatiwa kuwa mlimfanya awe na presha kwa kutishia ulaji wake. Je wanaopenda kuishi maisha ya amani wanajifunza nini katika mashindano haya ya ukwasi mauti na maisha ya usafi hekima na heshima?

Nenda kapumzike Eddie Luwasha mie nimekusamehe. Na nitakuenzi. Kweli kifo hakihongeki!

Chanzo: Mwananchi leo.

Ununuzi Dhahabu Barua ya Wazi kwa Lamek Mkumbo Madilu Mwehujuu Michembe

Doktari Lameki Mkumbo Madilu Mwehujuu Nchembuz Nchembuz,

Kwa vile unapenda kuitwa doktari hata kama udoktari wakenyewe ngwengwe, acha nikuite ili tuelewene. Naomba usome hii kitu kimyakimya. Usimuonyeshe fyatu yoyote. Pia, kama kweli maza anamaanisha serious business, omba asiisome akakutumbua japo najua hawezi kwa vile mnahitajiana hasa usawa huu wa kuelekea uchakachuaji ujao. Hayo tuyaache nitayadurusu siku zijazo.

Juzi nilikusikia mwenyewe ukisema eti siri kali ianze kununua gold ili kupata njuluku za uhakika. Kwani, shida yetu ni kukosa njuluku za uhakika au kukosa uaminifu na uwajibikaji kwa mafyatu? Hivi unataka kumfyatua nani au unadhani mafyatu ni maskini wa kumbukumbu. Unakumbuka siri kali ikifanya hiyo biashara kichaa na kuishia kuuziwa kakumba baada ya mafyatu fulani siri kalini kushirikiana na wauza dhahabu na kufyatua ulaji? Ulikuwa wapi au ndo ulikuwa unanyonya?

            Kihiyo wewe, sorry, doktari unadhani hakuna njia nyingine ya siri kali kufyatua njuluku?  Basi nitakuonyesha njia rahisi ya siri kali kufyatua njuluku tena kihalali.

            Mosi, kusanyeni kodi kikamilifu badala ya kuacha mafyatu mafisi na mafisadi kukusanya kodi na kujilimbikizia. Mnakumbuka visa vya mafyatu kuua mashine za kieletroniki na kupiga njuluku huko wilayani vilivyofichuliwa hivi karibuni? Je hili li siri kali limefanya nini zaidi ya kueneza ubangaizaji na sanaa? Mnajali nini wakati nyie ndiyo wanufaika nambari wani? Anayebisha aniambie mbona hatusikii kwenye mahekalu yenu wakija mafyatu na kujiibia wakati mkianngalia na wasifanya lolote au kutoa ngonjera, rongorongo, na sanaa kama mfanyavyo tukifyatuliwa? Hii misiri kali ya kisanii taabu tupu. Anyways, hayo tuyaache.

            Pili, kupata njuluku za heri na uhakika, jenga uaminifu, ubunifu, uwajibikaji, na mazingira ya uzalishaji badala ya kukazania mitozo na usanii huu wa siri kali kutaka kujiingiza kwenye biashara ili kupiga. Mmeshindwa hata ubinafsishaji mdogo tu, mtaweza biashara ya madini yenye kila aina ya utapeli kama dhahabu na madini mengine? Mnashindwa hata kukusanya kodi, mtaweza hii biashara? Badala ya kutaka kuwaongezea mafyatu hasara, maumivu, presha, na umaskini, jenga mazingira mazuri ya uzalishaji. Mkifanya hivyo, mafyatu watatengeneza njuluku na kulipa kodi.

            Tatu, ziba mianya ya utoroshaji njuluku zetu na madini. Hapa maana yake ni kuweka uchumi mikononi mwa mafyatu wa kaya hii badala ya kuacha kwenye mikono ya kunguru toka nonihino kwa akina dugu yangu.

            Nne, acha na pambana ufisadi, ubabaishaji, uvivu, usanii, na matumizi mabaya ya raslimali na njuluku za mafyatu kiukweli bila ya usanii. Jiulize. Je CAG anapotoa ripoti ya mwaka ambazo siku zote ni msiba kwa mafyatu na sherehe kwenu, pamoja na madudu yote hayo, huwa li siri kali linafanya nini zaidi ya kutoa matamko na kufyatua mafyatu ambao huishia kuufyata na kuliwa kiulani? Huwezi kutegemea upate njuluku wakati kila jambo linafanyika kibabaishaji, kifisadi, kisanii, mbali, na uvivu na uzembe vinavyovumiliwa kutokana na kujuana. Hebu mfano, jikumbushe kashfa ya hivi karibuni ya Mkurugenzi wa mkoa wa Mwendazake aliyepatikana kashfa akahamishiwa Moro. Je wapo wangapi na washapiga njuluku ngapi za mafyatu?

            Tano, tueleze hii dhahabu itakavyonusurika iwapo mmeshindwa hata kuilinda hiyo iliyoko ardhini? Yako wapi makinikia mliyotufyatua changa la macho nayo? Kama mnashindwa hata kulinda tanzanite Mirirani mtaweza dhahabu safi au mtakusanya kakumba na kuiweka na kuondoka na dhahabu safi kama ilivyotokea wakati ule wa wizi wa ruxa? Mmetupotezea njuluku kujenga na kuzungushia ukuta Mirirani wakati akina Riz One bado wanapiga njuluku na makampuni yao mizimu. Kwani, Mirirani tanzanite hazivushiwi kupitia hayo mageti? Kaulize akina Rizi One. Nani kasahau namna wakati ndingi yao akiwa rahisi hata twiga walipitishwa uwanja wa ndege.

            Sita, je hiyo dhahabu mtanunua toka kwa makampuni haya ambayo yamekuwa yakitupiga tangu yaingie? Jikumbushe bilioni 30 zilizozamishwa na kampuni ya kuchimba dhahabu ya Buhembe wakati wa Ben Makapi? Je wajanja waliozifyatua mliwafanya nini zaidi ya Muumbaji kuwafyatua baada ya kugundua mafyatu hamuwezi kufanya lolote japo mnaliwa kila uchao?                 Jikumbushe akina Gray Mgonjwa na Endrew Chwenge mbali na akina Niziro Kadamage. Ibra Msa7ha, Kagoda ambaye siku hizi amezaliwa upya, Meremetuka, Richmonduli, Absa, Kuunguzwa kwa banki kubwa, juzijuzi Mirirani na akina Riz One, na wengine wengi walioifyatua kaya hii. Jikumbushe kashfa kama Mwanakaya gold na nyingine nyingi zilizamisha njuluku kibao za mafyatu kama mna kumbukumbu au utaratibu wa kutunza kumbukumbu.

            Kwa ushauri wangu, hii unayopendekeza ni biashara kichaa tena ifanywayo na vichaaa. Kama tulivyopigwa wakati wa ruxa, mtatupiga halafu mnakuja na rongorongo bila kujali mnakuwa mmeishafyatu mafyatu. Hapa ni usiamini. Mnataka kuwaliza mafyatu. Kwanini sasa au ni kwa vile kuna uchakachuaji ujao twenty twenty-five? Kwanini miaka yote mmekuwa mnapokea madafu wakati wenzenu wanahomola na kwenda kuuza kwa njuluku kali badala ya kupokea kodi na mirahaba kwa dhahabu badala ya madafu yenu? Halafu eti mnajidai ni madoktari. Anza kutoza kodi na mirahaba kwa dhahabu muache uvivu wa kufikiri.

        Hivi leo nimekunywa bia ngapi? Hata kama nimelewa, mafyatu msikubali kuwa kichwa cha mwendawazimu akina Madilu kujifunzia kunyoa.

Chanzo: Mwananchi leo

The genesis of ‘Law Day’ in Tanzania

 

TODAY, 1st February, 2024; is recognised as “Law Day’ in the United Republic of Tanzania.  The practice of marking this day had its humble beginnings in the year 1996, and the idea itself was conceived by the then Chief Justice of Tanzania, the late Hon. Mr Justice Francis Nyalali.  May his soul rest in eternal peace. I was, at that time, the Speaker of the Tanzania National Assembly.  On one blessed morning of an ordinary working day in January of that year, I received a telephone call from Chief Justice Francis Nyalali, who invited me to his office for a “little discussion” the next day. I accepted the invitation. And when we met, that is when he explained his plan of introducing “Law Day” in the Judiciary calendar.
        He told me that what he had in mind, was to set aside one agreed day in every year, which would be dedicated to making serious reflections on the general performance of the Judiciary in carrying out its constitutional mandate of dispensing justice. But, he said, since Parliament is the sole fountain of all the country’s laws, whenever it exercises its  crucial, major role of legislation; he had  considered it important, and actually necessary, to  involve that Institution’s participation in this annual function; and that, he said, was the reason for his invitation to me to come to this discussion.
        I readily agreed to cooperate, and that is how this “Law Day” was born, as a cooperative venture between the Judiciary, and the Legislature. Initially, it started as a ‘single-day’ event, to be held on 1st February of every year; and was being observed only at the national level, the venue being one of the court rooms of the Tanzania High Court headquarters building in Dar es Salaam.
Those were the ‘humble’ beginnings of “Law Day”, and what was stated by Chief Justice Nyalali was the principal purpose of celebrating ‘Law Day’. 

         But these celebrations were subsequently expanded, both in their scope  to cover a whole week of activities, carried out in all of the Regions and Districts of Tanzania; as well as in their purpose, which now includes “educating the public” on various matters relating to the dispensation of justice.
        And at the National level, this expansion also involved the attendance of the Head of State, the President of the United Republic; which explains why President Samia is gracing them today with her personal presence in Dodoma, the new seat of the Union government.
        The theme for this year’s celebrations is- “the importance of the concept of justice for the welfare of our nation, and the role of the Judiciary, and stake holders, in improving the integrated criminal justice system”. The relevant stake holders are, presumably,  aware that the “justice system” involves a number of important steps which are normally taken in the criminal justice  process; which  include: investigation, arrest, prosecution, court hearings, and imprisonment (in cases where offenders are  duly convicted).
        At one time in the course of my varied public service responsibilities, I also had the privilege of being appointed Chairman of a commission which was tasked to undertake a ‘comprehensive review’ of the entire range of the criminal justice system, and make recommendations for their improvement.
This was “The Judicial System Review Commission”, which was established in on 14th November,1975; and  became known as “The Msekwa Commission”. I was then the Vice Chancellor of the University of Dar es Salaam.
        It was a ‘small-size’ commission of only seven members, including the Chairman; assisted by a secretariat of only two officials.  its ‘Terms of Reference” were to investigate the following matters, and submit appropriate recommendations: –          

        (i) Whether the present structure, and system of operation of the courts of Tanzania is satisfactory. And if not, what changes should be made, or what steps should be taken, to enable our courts to render better service.
        (ii) Whether the present structure and the system of operation of the departments concerned with prosecution are satisfactory; and if not, to recommend changes, which should be made, or steps which should be taken, to enable these departments to render better service.
        (iii)  Whether the structure, and system of operation of the defence advocates is satisfactory; and if not, what changes should be made to ensure that they provide better service.  

        (iv) To consider the various procedural laws which regulate the manner of hearing cases (specifically, the  law of evidence, the criminal procedure code, and the civil procedure code);  and to recommend changes for their improvement, which will result in the general improvement in the administration of justice, as well as well as the advancement of the war against crime.

         (v) To consider any other matter, which will improve the administration of justice in our country.
        We worked hard and diligently, and produced our final Report and recommendations to the appointing authority, in early 1977.  Glad to say, all our recommendations were accepted. They included a recommendation to establish a permanent “Law Reform Commission; “which shall keep the law constantly attuned to the changing needs or requirements of our Society in the economic, social, and political fields”.
        Our basic argument for that recommendation was stated as follows:– “no law which is constantly nourished with new ideas  can be an effective instrument in bringing the desired changes in any society.  We feel that in order to ensure constant mobilisation of the law in the heavy tasks of development, there is need to establish an independent organ, which will constantly monitor the administration and general operation of the law; with a view to maintaining its relevance, in the constantly changing times and conditions.
We therefore recommend the establishment of a permanent, statutory ‘Law Reform Commission’, which shall be charged with responsibility for the constant reform of the law”.
        The recommended permanent ‘Law Reform Commission’ was promptly established in 1983, and, to my surprise, with me as one of its part-time commissioners. And, an even greater surprise was that  my service ‘contract’ on that commission was repeatedly renewed, until the time of my final retirement from the public service, in  2012.
The role of stakeholders
As we have already seen above, the theme for this year’s ‘Law Day’ celebrations, includes taking a look at “the role of stakeholders” in improving the justice delivery system. This will be the main focus of today’s presentation.
        In my own personal experience gained from working on these issues, my settled view is that the primary role of stake holders in the delivery of criminal justice processes (and the fight against crime in our society), is that of serving as prosecution “witnesses” in criminal case hearings,  when required to do so. 

          But I have also noticed the unfortunate reluctance, or unwillingness, or even fear, of going to court to undertake this civic duty, which appears to afflict some of our people. It is my humble opinion that this behavioural ‘defect’ is what has made the fight against corruption in our society exceedingly difficult; despite the stringent laws which have been enacted for that specific purpose.
        During the time when I was the Member of Parliament (MP) for Ukerewe, I encountered one particular incident,  which readily attests to the existence of this unwillingness; which is the following:-There was one medical doctor at our District Hospital, who was widely accused of taking bribes from his patients; and I had publicly promised to take this doctor to court, if anyone would bring to my attention a reliable evidence of his alleged evil actions. 

         I was working in my constituency office one day, when two excited persons walked in, with the news that the said doctor had demanded a bribe from the husband of a woman who was waiting at that moment, at the hospital to deliver. She could not deliver normally, and needed a medical operation.

          Because the husband had no cash, he had offered a cow instead, which the doctor accepted, and the cow has already been delivered, and is standing there in the hospital grounds. Then they asked me:  Mhe. Mbunge, is this not the kind of reliable evidence you have been looking for?
        Indeed, it was, if it was true. So, I immediately went off with them to the hospital grounds to verify their story. Yes, the husband was there, who confirmed the story I had been told about his wife, but avoided mentioning the doctor’s demand for a bribe.
When I asked him about this, and about the cow which he had brought to the doctor for that purpose; and whether he was ready to be a witness to this fact in the District Magistrate’s court in order to help in the fight against corruption?
        There was manifest hesitation before he answered. And when the answer came out, it was totally negative. Because he said:  “ No, it is not true that I brought this cow here to bribe the doctor. I am actually selling this cow, and this being Christmas time, I thought I would find a ready market here at the hospital. 

         Hence, if you are interested, Mhe. Mbunge, just take it”. I was totally disappointed. And this was not an isolated case of people here in Ukerewe, being unwilling to go to court as witnesses, for the generally adduced reason that “it entails a lot of inconvenience (usumbufu), because of the court habit of frequent adjournments of cases, thus necessitating the witness’s frequent attendance, to the detriment of his other responsibilities”.
        This reluctance, or unwillingness, is what mainly encumbers the fight against corruption through court proceedings. However, there are also other factors; including the law itself, in its provision that ‘the giver of a bribe, as well as its recipient, are both guilty of the offence of corruption’. This provision tends to scare the bribe givers away from going to court to give evidence, for the obvious fear that they too will be caught in that corruption net.
        This reminds me of a (presumably) imaginary story, which is told in an old book titled “Oliver Twist”; in which  Mr Brounlow  tells Mr. Bumble, that “the law supposes that your wife acts under you direction”. To which Mr Bumble replies: “if the law says that, the law is an ass – an idiot”.
        But, surely, our anti-corruption law is definitely not an ass. It is seriously intended to fight the corruption virus in our society, most effectively.  As President Nyerere himself put it in his speech relating thereto: –
Hatukufanya mzaha, tulipotunga sheria kali  ya kupambana na rushwa, ambayo iliweka masharti kwamba ikithibitika Mahakamani kwamba mtu amekula rushwa, basi yule aliyetoa rushwa hiyo, na yule aliyeiokokea, kila mmoja  wao atakiona cha mtema kuni.  Kwani tuliweka adhabu ake kuwa n kifungo kisichopungua miaka miwili jela;  pamoja na kupigwa viboko ishirini na nne, kumi na mbili siku anapoingia jela, na kumi na mbili siku anapoondoka, ili akamuoneshe mke wake.
        But, in practice, it does not always work that way, as was demonstrated in the 1963 corruption case against  Minister Abdallah Fundikira, in which the giver of the bribe was convicted on his own plea of guilty; but  the accused  Minister, Chief  Fundikira, was acquitted!
        However, when it comes to electoral corruption, other factors emerge, which belong to the category of “accomplices”.
piomsekwa@gmail.com /0754767576.

Source: Daily News today.