Zanzibar GNU hangs in balance

CHRISTOPHER MAJALIWA in Zanzibar

 

WITH the fate of the Government of National Unity (GNU) in Zanzibar hanging in balance due to constitutional shortcomings, some politicians and lawyers have ruled out the possibility of such an arrangement working in the Isles this time.

Zanzibar CCM National Executive Committee (CCM-NEC) Secretary for Ideology and Publicity, Ms Waride Bakari Jabu, said President-Elect Ali Mohamed Shein would be guided by both Zanzibar and Union constitutions.

“The president will form his government basing on the constitution. The document clearly stipulates everything,” she said in response to a question from reporters on the fate of the GNU. Zanzibar revised its constitution in 2010 following a referendum to establish a power-sharing system.

Section 39 (3) of the constitution demands the head of state to appoint the First Vice-President from the opposition party, which collected at least 10 per cent of the votes. Section 39 (3) (i) and (ii) states that if an appointment may not occur if no opposition party wins the requisite votes or when the President lacks a competitor, the seat goes to the party with the second largest seats in the House of Representatives.

However, according to the results of the presidential election re-run held here on Sunday, CCM grabbed all constituencies after the main opposition party, CUF and others, mainly from the UKAWA Coalition, boycotted the exercise.

As Dr Shein ran away with a historic 91.4 per cent win, the second position went to the Alliance for Democratic Change (ADC) candidate, Mr Hamad Rashid Mohamed, who managed only three per cent of the total count.

This means he does not qualify for the post as he failed to reach at least ten per cent while his party also failed to grab even a single seat. According to the Isles constitution, the president can leave the position vacant if the party whose candidate emerged second fails to submit the name of its candidate.

However, the very document, Section 40 (1), gives the president powers to appoint any other suitable person to fill the vacancy.

Meanwhile, several lawyers have ruled out the possibility of forming a national unity government in Zanzibar, saying it is practically impossible under the prevailing circumstances.

In a separate interview with the ‘Daily News’ in Dar es Salaam, the lawyers expressed the difficulty President-Elect Shein faces in forming such a government under the current Zanzibar Constitution.

Amendments of the Zanzibar Constitution of 2010 show that the national unity government could be formed by incorporating the opposition camp if the second runner-up attains at least 10 per cent of presidential votes.

“The ballot box is the determinant fact in forming the national unity government, according to the Zanzibar constitution. Present statistics clearly show that such a government is practically impossible,” an advocate, Mr Hudson Ndusyepo, said.

He pointed out that the GNU was there not only to accommodate opposition parties in running the government but also to measure the strength of the opposition in forming a credible governing entity. “The results have proved otherwise.

The opposition camp has not even obtained a total 10 per cent as required under the constitution. How can you form a national unity government under such circumstances?” queried seasoned advocate Majura Magafu.

Mr Magafu went an extra mile by giving the historical background of Zanzibar, including the requirement that the President of Zanzibar also becomes the Chairman of the Zanzibar Revolutionary Council.

“But, who are these members of the Zanzibar Revolutionary Council?” he asked. Advocate Nehemia Nkonko said he foresaw the difficulties Dr Shein would encounter “in such a trickier situation in leading Zanzibar this time around’’.

On his part, advocate Paschal Kamara was of the opinion that under the current constitution, the Zanzibar government would be ungovernable under a single party system.

He says that the best option was for the House of Representatives to go for an amendment of the constitution to accommodate the current situation -- to incorporate the opposition camp in running the government. “Anything to the contrary will mean difficulty in running the government. It will be total chaos, especially on the Pemba side.

The government should observe the prudence of the highest degree otherwise things will be worse this time around than before,” said another lawyer, who wished to remain anonymous.

Meanwhile, CCM members here took to street and recreational halls on Monday night to celebrate the victory, which they claimed, ‘was vital for the development of the two islands -- Unguja and Pemba’.

Sunday’s re-run was held following the decision by ZEC to annul last October election, citing ‘massive flaws’. According to Zanzibar’s electoral management body, 503,580 people registered for the election on both Unguja and Pemba while those who turned out to vote were 341,865 or 67.9 per cent.

ZEC Chairman Jecha Salum Jecha announced here that Dr Shein, who sought a second five-year term, garnered 299,982 out of the 328,327 valid votes cast.