Tanzania vs Kenya’s basic law - 3

President Jakaya Kikwete,(third left) East African Community Chairman  Uhuru Kenyatta of Kenya(forth), Uganda President Yoweri Museveni, Burundi Fist Vice President Burundi Prosper Bazombanza(right) cuts a ribbon to officiate launch the guide books for the East African Court Of Justice in Arusha Yesterday during the 12th Extra-Ordinary EAC Summit of Heads of State. Others from left are Zanzibar Second vice Resident Ambassador Seif Iddi and Rwanda Prime Minister Pierre Habumuremyi. PHOTO|FILBERT RWEYEMAMU 

By Mwassa Jingi

In Summary

Last week, we did compare the Preambles of the two documents and saw some similarities and differences and how such the differences pose a problem for harmonisation if we decide to go for the East African political federation as envisaged in the EAC Treaty established in 2000.
Chapter

Dar es Salaam. Today, we are looking into Chapters - One and Two – in both documents and see how similar or different they are. We do this because we want to establish how easy or difficult harmonisation of these two basic laws is, as we look forward to writing the federal Constitution of member countries of the East African Community (EAC).

Last week, we did compare the Preambles of the two documents and saw some similarities and differences and how such the differences pose a problem for harmonisation if we decide to go for the East African political federation as envisaged in the EAC Treaty established in 2000.

Chapter One of the proposed Constitution, 2014 is rather longer in comparison to the same Chapter of Kenya’s Constitution. The contents of Chapter One and Two of the Kenya’s Constitution together are the contents of Chapter One of the proposed Constitution.

Basically, the contents in Chapter One and Two of Kenya’s Constitution and those in Chapter One of the proposed Constitution refer to almost the same matters like sovereignty of people, supremacy of the Constitution, name, area, national symbols, national holidays, languages, national core values and principles of good governance.

While Kenya is a single Republic established from one country after its independence in 1962, Tanzania is a United Republic formed from then two sovereign states - Tanganyika and Zanzibar on April 26, 1964 after the two gained their independence from British rule in 1961 and 1963 respectively. Among the five member countries that currently form the EAC, Tanzania is the only Republic, which is a Union of two countries and governments.

At this stage of EAC status (before the federation), the position of Tanzania as a Union of two countries does not pose any serious problem in the EAC. Will the same situation continue, when a time for negotiating the political federal of EAC comes? Will Zanzibari, who are complaining about being swallowed by Tanganyika be comfortable to move into the EAC political federation in the current status of the Union?

If Tanzania will move into the EAC federation in the current Union status, then both Tanganyika and Zanzibar will be sandwiched for the second time in another Union and thus the status of Zanzibar, which we have been protecting for a long time now will perish.

Will thus Zanzibari, who are proud of their history and identity accept such merging of the United Republic into EAC, wherefore, Tanzania will no longer be recognised as a United Republic, but rather will be a mere state within the federation without any degree of sovereignty? Whether we like it or not this kind of Union of Tanganyika and Zanzibar will pose a serious problem and possibly will be a stumbling-block to the establishment of the EAC political federation.

The Union of Tanganyika and Zanzibar had not been a comfortable journey for Tanzanians for all these 50 years of its existence, so how will it be for the EAC federation? It could be much easier for Tanzania to move in the EAC federation under a three-government system of Union, which is a type of federation because we will simply suspend or dissolve our federation between Tanganyika and Zanzibar first and leave each state move into the EAC federation as a non-sovereign state. But with the current contentious Union, I don’t think if it will be possible to merge Tanzania as it is today in the EAC federation. For the betterment of EA countries, a federation of three governments as it is in the draft Constitution is much better than the current structure of Union.

If we really foresee a possibility of EAC political federation as it is stipulated in the Treaty that established the EAC, then we should make our new Constitution taking into account the problems that may be contributed by the kind of our Constitution and thus make a Constitution that won’t cause problems during harmonisation of all Constitutions of EAC member countries.

Unlike Kenya’s Constitution, which has no specific Chapter on National Vision on development, Chapter Two of the proposed Constitution in the first three parts enshrines Tanzania’s policy and the grand objects of national development in all spheres viz political, economic, social and cultural goals. Moreover, Part Four of Chapter Two enshrines research and development, National Vision, plans and implementation of those goals and plans, while Part Five is on foreign policy.

Unfortunately, Kenya’s Constitution has no specific Chapter on policies, objects, goals and foreign policy like Tanzania’s proposed Constitution, 2014, although the same might be contained in other policy books and possibly pieces of legislation. Luck enough, this difference is insignificant for harmonisation of the Constitutions of these two countries towards the EAC political federation as long as both countries are now pursuing the same economic policies based on capitalism.