New draft law proposes 4-year transition period

The chapter further recommends that preparations of all important matters should be made to enable smooth implementation of the new Constitution.PHOTO|FILE 

By Katare Mbashiru ,The Citizen Reporter

In Summary

Others are formation of a commission and constitutional institutions that are established by the Constitution of the United Republic of Tanzania of 2014, including abiding by the provisions of the new Constitution and preparations of the 2015 General Election using the new Supreme Law.

Dar es Salaam. The new Draft Constitution has proposed a transition period of four years after the promulgation of the envisaged constitution.

According to the Constitution Review Commission (CRC) chairman, Judge (rtd) Joseph Warioba, the current existing laws will continue to operate until any major amendment is made.

Unveiling the second Draft Constitution at Karimjee Hall in Dar es Salaam yesterday, Judge Warioba said according to the document, the laws operating in the Mainland shall apply in Tanganyika and those operating in both sides of the Union shall apply in the United Republic of Tanzania. In the proposed transition period, that will expire on December 31, 2018, the new document maintains that any major amendments in the envisaged new Constitution should conform with the conditions enshrined in Chapter 17, which gives the legal requirements during the transitional period.

“The conditions in this chapter are clear on the constitutional procedures in the country’s laws, leadership, management and positions and how all these can be properly implemented,’’ said Judge Warioba

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In the Chapter, there are also recommendations that should be put in practice during the four-year transition period. They include enactment of the Constitution of Tanganyika, amendment of the 1984 Constitution of Zanzibar so that it abides by the requirement of the 2014 Constitution of the United Republic of Tanzania, distribution of resources between the government of the United Republic of Tanzania and the governments of Zanzibar and Tanganyika.

Others are formation of a commission and constitutional institutions that are established by the Constitution of the United Republic of Tanzania of 2014, including abiding by the provisions of the new Constitution and preparations of the 2015 General Election using the new Supreme Law.

The chapter further recommends that preparations of all important matters should be made to enable smooth implementation of the new Constitution.

However, critics have it that there was a need for legal clarifications to avoid confusion. In his reaction, the Kigoma North MP, Mr Zitto Kabwe, said despite the new Draft Constitution being in line with expectations of many Tanzanians, there was a need to seek legal clarifications concerning Chapter 17 so as to avoid confusion

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The Chapter is among 31 Chapters that the commission has added in the second Draft Constitution after gathering public views. The new document has 271 chapters.