A Tribute to Maalim Aboud Jumbe Mwinyi: A life of Courage and Principle

By Nicodemus Minde

“…[Ndugu Chairman] allow me to relinquish all the responsibilities you have given me. I say this with a clear conscience, without arrogance or humiliation or anger or joy.” These were Aboud Jumbe’s concluding remarks after a three hour-long speech to CCM’s National Executive Committee (NEC) in 1984. Aboud Jumbe served as Zanzibar’s second President after the assassination of Sheikh Abeid Amani Karume in 1972. He also served as Tanzania’s Vice-President under President Julius Nyerere during the time when the Zanzibar’s president by his virtue assumed the number two position in the United Republic of Tanzania. This speech was his last as President of Zanzibar, VP of Tanzania and also the Vice-Chairman of his party CCM.

It was the culmination of what the renowned Tanzanian historian Issa Shivji terms as ‘Jumbe’s trial’. Jumbe was being ‘tried’ for his strong position in support for a three-government Union format. Tanzania and indeed the ruling party CCM faced a difficult period between 1983 and 1984 over the composition and structure of the political union between Tanganyika and Zanzibar. Termed as the ‘Crisis of the Union’, this period was characterized by strong debates on the Union – with factions within Zanzibar questioning the position of Zanzibar within the Union. Although Issa Shivji pits the struggle as a battle between factions within Zanzibar, there were fuming anecdotes over the Union, which took the form of power struggles in the isles. Central in all this was Aboud Jumbe who had until then taken an aloof position on the matter.    

Aboud Jumbe (1920-2016)

Aboud Jumbe died on 14 August 2016 at his home in Mji Mwema, Kigamboni Dar es Salaam. He was 96. He was educated in Makerere University and was an experienced teacher teaching in several schools in Zanzibar before venturing into politics. He was instrumental in the 1964 Zanzibar Revolution and served in the first Revolutionary Council under Sheikh Abeid Karume. According to Zanzibar lawyer Awadh Said, people should not forget Jumbe’s colored history as a teacher just like Mwalimu Julius Nyerere.

Light moment: Aboud Jumbe, centre shares a hearty moment with Julius Nyerere (on his left) Mozambique statesman Samora Machel (far left). Far right is Salim Ahmed Salim

Jumbe rise to the presidency was completely off script just like that of Hosni Mubarak of Egypt. Mubarak. A career soldier, with little political ambition Mubarak succeeded Anwar Al Sadat who was assassinated in 1981. When Karume was assassinated in 1972 Jumbe was quickly confirmed as Chairman of the Afro-Shirazi Party (ASP) and Nyerere selected him as his First Vice President.

Jumbe and Reforms

One of his biggest legacies was the position he took regarding the structure of the Union. Having consolidated his power after taking over as president Jumbe was quick to bring reforms. He was instrumental in restructuring the ASP and according to lawyer Awadh Said Jumbe opened the democratic space in Zanzibar. “He reduced the powers of the Revolutionary Council and was instrumental in the introduction of the Zanzibari House of Representatives,” Awadh told me. He also did a lot to bring about judicial reforms by bringing in educated people to serve in various positions within the judiciary. Although these reforms were noble, Shivji maintains that the “reforms were carefully crafted to ensure that his own authority and power as the President of the Party would not be affected.” That notwithstanding Jumbe will be greatly remembered for the radical reforms he made.

Jumbe and the Union

Jumbe was at the heart of the merger of Zanzibar’s ASP and the Tanganyika African National Union (TANU) in 1977. The merger of the two parties further consolidated the political union between Zanzibar and Tanganyika that formed the United Republic of Tanzania in 1964. A permanent Union constitution was hastily passed in 1977, which made Tanzania a single party state. The merger of the two parties forming CCM and the passage of a permanent constitution in 1977 was the genesis of dissatisfaction among some people in Zanzibar. For Jumbe especially, the merger ate into Zanzibar’s autonomy presented a hurdle in his quest for political control in Zanzibar. He still believed in autonomy for Zanzibar and understandably he created the House of Representatives and a draft of the Zanzibari constitution of 1979.  

Waraka Mrefu

Jumbe’s downfall in 1984 came at the back of a long letter (waraka mrefu) he had drafted together with Bashir Swanzy, a Ghanaian lawyer who he had hired as Zanzibar’s Attorney General in place of Damian Lubuva. According to my interview with Awadh Said, Damian Lubuva who is currently the Chairman of the National Electoral Commission (NEC) was brought to Zanzibar through the recommendation of Mwalimu Nyerere. Bashir Swanzy was well known in Zanzibar, and according to Awadh Said, he even had a Zanzibari wife.

He first came to Zanzibar to present ASP in an election case just before the revolution. President Jumbe asked Swanzy to help him draft a letter, which in the very sense questioned the format of the Union and according to Jumbe himself, a question of interpretation of the Articles of the Union – the principle document of the Union. The letter, was drafted in English by Bashir Swanzy and according to various literature and interviews I made, the letter was supposed to be discussed first at the Revolutionary Council before been taken to the main man – Mwalimu Nyerere. The letter was first to be translated into Swahili – a language common to the Revolutionary Council before been debated. The document/letter was titled “The Case which the Revolutionary Government of Zanzibar has against the Executive of the United Republic of Tanzania and the Government of Tanganyika.” Going by the title, this was a grievance letter which Jumbe used to produce the book “The Partner-Ship: Tanganyika Zanzibar Union, 30 Turbulent Years” and translated into Swahili by journalist and now MP for Malindi Ally Saleh.

Shivji observes in his book “Pan-Africanism or Pragmatism: Lessons of Tanganyika-Zanzibar Union” that the document/letter was like a ‘charge sheet’ or ‘demand letter’. In it, Jumbe outlines Zanzibar’s dissatisfaction with the Union. The thrust of his argument is a three-government federal Union, which, according to him was envisaged in the Articles of the Union. The ideas of Jumbe are well captured in his book. In the nine chapters of the book, Jumbe tears into the structure of the Union by questioning the legal interpretations of the Articles of the Union and the effects of the consolidation of the Union through the merger of the two parties. He discusses in Chapter Two the type of government that the Union of 1964 envisaged – two or three government format? He argues conclusively that the Union government that was formed by the governments of Tanganyika and Zanzibar envisaged a three-government Union. He argues that Article 3(b) of the Articles of the Union provides for the appointment of two Vice Presidents, one of which (being the resident of Zanzibar) shall be the leader of the government of Zanzibar and will be the principle assistant of the president of the United Republic in the government functions in Zanzibar. Jumbe argues therewith that this is testament of the presence of three-governments.

Jumbe in his book again poses the geographical question of Tanzania Mainland versus Tanganyika. The 1977 constitution of the United Republic in Article 2(1) on the territory states that ‘the territory of the United Republic consists of the whole of the areas of mainland Tanzania and the whole of the areas of Tanzania Zanzibar, and includes the territorial water.’ In strict terms, as Jumbe argues, the term mainland Tanzania is ambiguous and brings about ‘geographical confusion’ observing that calling Zanzibar, Tanzania Zanzibar or Tanzania Visiwani is a mark of territorial control. Jumbe’s again posits that the Tanganyika leaders have abolished the Tanganyika government replacing it with Tanzania, which in effect is the United Republic

Jumbe paid the price for his beliefs in 1984 after Nyerere accepted his resignation from all party positions. He also left his position as President of Zanzibar. However, Jumbe left behind a trail of questions over the nature of the Union. When Tanzania began the constitutional review process in 2011, the key feature in the constitutional narrative was the question of the nature of the Union. Various commissions such as the Nyalali, Kisanga and Warioba proposed a three-government format of the Union based on people’s views and general historical considerations. The recommendations have however been squashed on all occasions – but the recommendations must have been a solace to Maalim Aboud Jumbe. He goes well.

Eddy Riyami Tribute.

Mzee Moyo's Expulsion: Why CCM has miscalculated this!

Mzee Hassan Nassor Moyo is a revered Zanzibari statesman. This veteran politician embodies Zanzibar's history - a history of struggle and revolution. He was an instrumental figure during the days of the 1964 revolution and was a key man in the merger between the Afro Shirazi Party (ASP) and Tanganyika African National Union (TANU) to form present day Chama cha Mapinduzi (CCM). Mzee Moyo, as he is fondly known also embodies the reconciliation efforts in Zanzibar that led to the formation of the Government of National Unity in 2010. 

Abeid Karume, Julius Nyerere and Mzee Moyo

I met him last year at his colleague's house in Zanzibar. He was full of apologies because he came in late. It was past the Ramadhan month, but he told my colleague and I that he was still fasting to make up for the time he had lost. He said he just came from Muscat were he was on holiday. We greeted him with the customary Salaam Aleikum greeting. As he sat down on the comfortable leather coach, he wanted to know my name. I duly introduced myself to him and he quickly made a joke. "You must be from Kilimanjaro" I laughed and he joined in the laugher. His colleague offered us a drink and we sat down to listen to his wise counsel. He was measured in his responses not loquacious like his colleague. He paused and answered our questions in a subtle manner. His calm demeanour was exemplified by his responses.

This week, Mzee Moyo has been in the news. He has just been expelled by CCM. CCM claims that he has betrayed the party by openly supporting a three government Union format. CCM as a party believes and advocates for a two-government Union. Mzee Moyo has also been accused of attending rallies organised by the opposition CUF and openly showing his support for Maalim Seif Shariff, the CUF leader in Zanzibar. His expulsion from CCM come a year after Mansour Yussuf Himid, the former legislator for Kiembesamaki was also expelled. Mansour has since joined CUF and is now a key political strategist for Maalim Seif. 

When asked about his expulsion Mzee Moyo said "CCM is not my father or mother". Mzee Moyo was instrumental in the Maridhiano (reconciliation) agreement that ushered in the GNU in 2010. He served as the chairman of the Moyo Committee of Six, which Mansour was a member. His stand on the Union format is also supported by many CCM stalwarts in Zanzibar who are afraid of the fate that has now befallen Moyo and Mansour. With the elections in October, the decision to expunge Mzee Moyo from the party will be bear great ramifications. There is no doubt that the reconciliation spirit that oozed in the wake of the GNU formation is not there anymore. The old divide that characterised Zanzibari politics is back. Reminiscent of this is the recent torching of CUF party offices in Dimani constituency. There is an apparent attempt to flare up the schism in Zanzibar ahead of the general elections. 

Mzee Moyo has stated that he is not looking to join any other party despite his expulsion from CCM. He continues to reiterate that he will fight for Zanzibari interests which he says include a three-government format and more autonomy for Zanzibar. The decision by CCM to oust him will no doubt have some implications. Mansour was earlier this year quoted in DW radio stating that CCM -Zanzibar has always used the racial card to divide the people of Zanzibar. His public utterances on what he calls 'siri kubwa za chama' (top secrets of the party (CCM) make the general elections in Zanzibar interesting.  

      

A Beleagured Marriage Political Marriage: The Tanganyika-Zanzibar Union and the Constitution Process in Tanzania

My article/contribution was published in Kujenga Amani Forum. Here is the link.

Warioba awasilisha Rasimu Bungeni: Live Tweets

Leo, Mheshimiwa Jaji Warioba awasilisha rasimu ya pili mbele ya Bunge la Katiba. Follow my tweets in English and Swahili here

Suala la Muungano limepamba moto Bungeni.

Quotes on Constitution and the Scottish Independence: Lessons to Tanganyika - Zanzibar Union

Thomas Paine was an English-American political activist who wrote a lot on constitution making. He has very notable constitution quotes which are relevant to Tanzanian context as we write our constitution. Here are some:

 

"The Constitution of a Country is not the act of its Government, but of the People constituting a Government."

 

"A constitution has not an ideal but a real existence, and wherever it cannot be produced in visible form, there is none."

 

"A constitution is the means by which the people determine the nature of the government that they will set over themselves, it is to a government what the laws made afterwards by that government are to a court of judicature."

These are interesting quotes especially on the supremacy of peoples' choice as opposed to party directives (in this case the ruling party - CCM). 

I have found an interesting article on Scottish independence which is relevant to the national debate on the future of the Tanganyika - Zanzibar Union which is a contentious and polarizing subject in our country Tanzania. You can read it here.

Kauli ya Jussa Ladhu ya kuvunja Muungano haistahili na inapaswa kukemewa!

Mwakilishi wa Mji Mkongwe (CUF), Ismail Jussa Ladhu ametaka kuvunjwa kwa Muungano. Nimetuma maoni yafuatayo kwenye gazeti la Mwananchi.

Maoni ya mwakilishi wa CUF Jussa yanabidi ya kemewe sio tu na chama chake bali na watu wote wa Tanzania Bara na Visiwani. Maoni ya uchochezi yasiyo na msingi hayapaswi kuvumiliwa. Kiongozi yeyote ambaye anasimama mbele ya watu na kusema muungano haupaswi kuwepo ilhali takwimu za utafiti wa Tume ya Katiba inaonyesha idadi kubwa ya watu wa Tanzania wanataka muungano uwepo anapaswa kutoltiliwa maanani. Chama cha CUF kinapaswa kutoa tamko na kuhusiana na kauli ya Bw. Jussa! Watanzania wameainisha mstakabali wao kupitia rasimu ya awali ya Katiba. Sasa mjadala sio uwepo wa muungano bali mfumo na uthabiti wa muundo wa muungano. Tusikubali watu walio na maslahi binafsi ya uongozi kuturudisha nyuma.

Zanzibar Revolution: Who was John Okello and what did he announce on the radio in 1964?

Zanzibar and Tanzania mark 50 years since the bloody revolution of Zanzibar in 1964. I am currently researching on the Tanganyika- Zanzibar Union and the Zanzibar Revolution of 1964 has certainly shaped the history of Tanzania. I recently came across someone's tweet saying "Bila Mapinduzi, Muungano usingekuwepo..bila ya Muungano, Mapinduzi yasingedumu." The English translation is "Without the Revolution, the Union could not exist..without the Union, the Revolution could not have held." This is indicative enough of the crucial nature of the Zanzibar Revolution to the history of Tanzania. 

Strange as it may seem, one author aptly notes that "the Zanzibar Revolution might not have occurred, and certainly not when it did, had it not been for the presence of a foreigner from Uganda who had grandiose illusions about his revolutionary calling and who happened to be in an ideal position to organise a coup. The man was John Okello, a Christian who had come to Pemba as a youth  to make building blocks. He joined the Police Force and in 1961 became one of the leaders of the ASP party. In February 1963, he went over to Zanzibar island and began to work work for the realisation of his dream of becoming a great nationalist by overthrowing the Sultani. Okello was an eloquent young man with a deep harrowing voice. After periods of disillusionment he decided to join with the ASP Youth League. He styled himself as Field Marshal. In the early morning of 12 January 1964 sabotaged the police arsenal and together with his men defeated the Sultan's troops. At 7 a.m Okello went to the radio station and broadcast the following message to the people of Zanzibar:

I am Field Marshal Okello! Wake up, you imperialists, there's no longer an imperialist government on this Island; this is now the government of the Freedom Fighters. Wake up, you black men. Let everyone of you take a gun and ammunition and start to fight against any remnants of imperialism on this island.

Later that morning, Okello issued an ultimatum to the Sultan:You are allowed twenty minutes to kill your children and wives and then kill yourself. The Sultan escaped to Tanganyika then to England. Okello began to form a provisional government with Abeid Karume as Prime Minister. By the evening the Revolution was full circle and running. 

Rasimu ya Katiba na Lugha ya Kiswahili: Mjadala Kuntu!

Nicodemus Minde-@decolanga

Ni karibu wiki moja tangia Tume ya Mabadiliko ya Katiba chini ya Mwenyekiti Jaji Mstaafu Joseph Warioba kuzindua rasmi rasimu ya Katiba. Mijadala miongoni mwa Watanzania wengi imekua ni mfumo wa serikali, mazungumzo ya muungano, madaraka ya rais, umri wa rais, na mengine mengi. Nimefuatilia mazungumzo mengi yaliyotokana na uzinduzi huu wa rasimu ya katiba. Ninafuraha kubwa kuona muamko mpya wa majadiliano miongoni mwa Watanzania kuhusianana na rasimu hii. Hakika, Tanzania ipo katika mpito wa mafanikio. Tunamshukuru Mungu.

Wakati Tume ya Mabadiliko ya Katiba ikipokea maoni, moja kati la swala kuu lililovuta hisia ya Watanzania wengi ni lile la lugha ya taifa, Kiswahili. Hata kabla ya mchakato huu wa katiba, kulikua na mijadala kuhusiana na sehemu ya lugha ya Kiswahili kwenye elimu ya Tanzania, na katika Katiba Mpya kwa ujumla. Sekta mbali mbali pamoja na asasi mbali mbali za kieleimu zilitoa mapendekezo yao. Baraza la Kiswahili Tanzania (BAKITA) walisisitiza umuhimu wa lugha ya Kiswahili kwenye elimu. Hivi karibuni, nchi ilishtushwa na matokeo duni ya Kidato cha Nne (Soma ufafanuzi hapa). Wananchi walizungumza kwa kina kuhusu sababu za kufeli kwa wanafuzi, asasi mbali mbali pamoja na idara za serikali walitoa sababu zao. Hivi karibuni, Twaweza, ambalo ni shirika la kiraia lilitoa tathmini kuhusiana na kufeli kwa wanafunzi wa kidato cha nne. Moja ya jambo lililopewa kipaumbele ni matumizi ya lugha ya Kiswahili kwenye ngazi ya sekondari. 

Kwenye ibara ya nne ya rasimu ya Katiba, lugha ya Kiswahili inapewa kipaumbele cha juu. Kifungu cha kwanza katiba ibara hii inaeleza kwamba: Lugha ya Taifa ya Jamhuri ya Muungano ni Kiswahili na itatumika katika mawasiliano rasmi ya kitaifa na kiserikali. Kifungu cha pili kinaeleza: Bila ya kuathiri masharti ya Ibara ndogo ya (1), lugha ya Kiingereza inaweza kutumika kuwa lugha rasmi ya mawasiliano ya kiserikali pale itakapohitajika.

Kwa mtazamo wangu, maelezo na mapendekezo yaliyotolewa na Tume ya Warioba kuhusiana na Kiswahili ni bora. Kwanza, utambulisho wa Mtanzania ni ule unaotokana na ufasiri wa lugha, uongeaji wa lugha ya Kiswahili na juu ya yote utofauti wetu unaotokana na uongeaji wa Kiswahili. Wale wanaopinga matumizi ya Kiswahili sababu yao kuu ni sehemu ya Tanzania miongoni mwa mataifa ya dunia. Wanasema Watanzania watabaki kuwa waongeaji wa Kiswahili wakati lugha ya biashara, lugha ya uhusiano wa kimataifa ni Kiingereza. Rasimu ya Katiba imeweka wazi kwamba lugha ya Kiingereza inaweza tumika katika mazingira ya kipekee. 

Swali kuntu hapa ni je, Kiswahili kibaki kama lugha rasmi, ya kiofisi na lugha ya kufundishia? Ama tubadilishe na tutumie Kiingereza kama lugha ya kufundishia? Ama zote zitumike kwa mkupuo? Hakika kazi tunayo ili kupata muafaka.

Initial Reactions to draft constitution of Tanzania

Nicodemus Minde

The first draft of the proposed new constitution of Tanzania has to a large degree captured crucial and fundamental issues that affect our nation. The unveiling of this draft has not only signaled a new dawn, but also reignited in us the values and ethos that make us who we are. We are at the brink of prosperity. I believe in Tanzania, the land of great people, minds and plenty. This blog shall from today, examine in detail specific sections of the proposed draft and critically evaluate the proposals therewith. As pointed before, writing a new constitution and the process itself is a sign of expansive democratic space in Tanzania. We do not take this lightly, we gladly thank the Almighty for his merciful graces. 

The Constitutional Review Commission (CRC) led by retired judge Joseph Warioba, yesterday unveiled the first draft of the proposed new law after months of extensive collection of ideas, proposals and opinions. Warioba pointed out that there were 1942 meetings which were attended by 1.3 million people. A sneak preview of the proposed law, indicates that a substantial amount of effort went through the process. Here are some of the key highlights:

1. The Federal Type of Government (Serikali ya Shirikisho) between two states; Republic of Tanganyika and Peoples' Republic of Zanzibar.

2.  The emphasis that Kiswahili remains the national and official language of communication in all public and government sectors. That English can be used as an official language when need be.

3.  The Gifts of the nation (Tunu za Taifa); They shall include; humanity, patriotism, integrity, unity, transparency, responsibility, and national language. These define who we are.

4.  Ethics and leadership of public servants. A critical section that will curb corruption, graft, nepotism and embezzlement of public money.

5.   Bill of rights- This champions the rights of every Tanzanian, regardless of gender, race, social status, religion, and physical condition. More expansive and detailed. 

6.  Citizenship: Dual Citizenship omitted. 

7.  Structure of the Union: A Federal Type with three governments:                            

• Government of the United Republic of Tanzania
• Government of the Revolutionary Zanzibar
• Government of Tanzania mainland.  

N/B: The structure of the Union shall be discussed in subsequent articles in this blog.

8. The Executive: Not more than fifteen ministers and their assistants. The Ministries shall be in line with the provisions of the constitution and the government in place.The Minister must have attained at least a university degree and will not be an MP from the union parliament, mainland parliament or representative from the Representative Council of Zanzibar. 

9. Parliament: Key areas; There shall be a Union Parliament. An MP shall have a 3 term limit of 5 years, after which he shall be ineligible to run. A recall clause. An MP can be recalled by his constituents if they see he/she is not working as mandated.

10. There shall be a Union Judiciary made up of a Supreme Court and Court of Appeal.

11. An Independent Electoral Commission shall be instituted.

12. There shall be a Ethics, Leadership and Responsibility Commission.

13. There shall also be a National Commission on Human Rights.

Add-ons: Union Matters

1. Constitution and Authority of the United Republic of Tanzania
2. National Security of the United Republic of Tanzania
3. Citizenship and Immigration
4. Money and Central Bank of Tanzania
5. Foreign Affairs
6. Registration of Political Parties and;
7. Taxation of commodities and revenues that do not have tax resulting from union matters.

More on the Draft Constitution in subsequent postings.

See draft of the Proposed Constitution and Further reading here.

 

 

Tanzania's Constitutional Review Commission to release first draft this afternoon

Nicodemus Minde

The Constitutional Review Commission will today unveil the first draft of the proposed new constitution. In this historic event, the CRC will outline the proposed new constitution before a televised live broadcast from Karimjee Hall. Tanzanians wait with baited breathe to see what the new constitutional will be like. After months of intense collection of views, deliberations and critical constitutional review, the Commission chairman Joseph Warioba will present us a proposed new law. The process has been largely successful in terms of citizen engagement, civil society input, political party proposals, inputs by various religious organizations and private citizens. 

Tanzania comes of age in this landmark occasion when the CRC unveils the first draft. The CRC process in itself earmarks the onset of a new constitutional order in the country. Tanzanians wait to see what the draft will say on critical issues such as the union between Tanzania mainland and Tanzania-Zanzibar. Of crucial importance shall be the system of governance and the nature of the union. Will it be a sole unitary state? or will it be a semi structured federal or decentralized state? will it be a two tier government system? This remains the most important section, which if correctly outlined and consented by the people shall either salvage or rock the union. Other crucial elements shall be the powers of the president, which must be trimmed and checked if we really envisage a democratic society. The role of parliament and the where the president shall draw his cabinet is also crucial. Civil liberties and rights of citizens is also of crucial importance. The rights of disabled members of society, inclusivity, increased democratic space among many are also areas that the draft should address.

Another very important segment that the draft should address is the role of provincial administration. The provincial administration has for decades been used as a ruling party arm where retired army generals who are CCM bigwigs, use the office as a CCM machinery for controlling regional resources. 

The issue of curbing the ever increasing religious intolerance should also be addressed. I trust that the draft will meet the expectations of the Tanzanian people. God bless Tanzania!      

The Tanganyika-Zanzibar Union: 49 years of a beleaguered marriage of convenience

Nicodemus Minde

The United Republic of Tanzania today celebrates 49 years of political union between Tanzania mainland and Tanzania Zanzibar. I am explicit in naming Zanzibar as Tanzania Zanzibar and the mainland as Tanzania mainland and not Tanganyika. The nomenclature of the the constituent entities of the union, though not said explicitly, has also led to the antagonism between the two. This is a story for another day. Analysts and political pundits have debated for many years on the constitutionality of the union, the status of the union, and the prospects for the union. 

For more than forty years Tanzania has remained the only Union of independent states in Africa. There has always been much debate on this Union both before the Union took place as well as after its happening. Prof. Issa Shivji describes the union as a pragmatic one born out of caution and not necessity. As he aptly puts it, "The Union between Tanganyika and Zanzibar was determined by two governments for the interests of Africa and African Unity. There was no other reason. Further to this, Nyerere has been quoted saying “...No, I’m not joking … I fear Zanzibar will be a big headache for us." This was before the then Tanganyika gained independence. The union was hurried. The ratification of the articles of the union was hurried and a CIA Intelligence Memo assessing the Union four years after its conception asserted that the union was never popular in Zanzibar and that "it was only Tanganyika's steam-roller tactics that forced the issue." There is no evident to date of a consultation process in the isles and to some degree in the mainland. The negotiations of the union were largely 'informal' and the only 'legal instruments' were the articles of the union which were haphazard and lacked the concrete legal foundations. The so-called Union of Zanzibar and Tanganyika Law, 1964 published in the Government Gazette of the United Republic was also wanting with regard to procedure, legality and constitutionalism. Laying strong legal and constitutional foundations is important for state survival and unity. The union has withstood the tests of fissure and collapse only through Nyerere's leadership and CCM manipulation of election results (after Tanzania became a multiparty state).

The ghosts of shaky foundations of the union need to be exorcised. The marriage between the two was out of convenience. The marriage bore resentment from the people of Zanzibar. The children of the union are disenfranchised. The leaders across the divide politic. Either side of the union has its wishes. There are Tanzanian Zanzibaris who want secession, there are those who want more autonomy, there are those that want unity. The Tanzanians from the mainland also want the status union to be addressed. With the drafting of the new constitution ongoing, there is need for a comprehensive discussion on this matter. The Constitutional Review Committee gave a time frame for people, political parties and other interest groups to give their opinions on matters they would love to be addressed in the new law. There has been a surreal mentality from most Tanzanians that come the next elections, the country shall have a new constitution. Constitutions are not built in five years. They are built on a long time reflection and contemplation of a nation's needs and aspirations. Having been born on shaky foundations, Tanzania has the greatest opportunity to rethink the union. The union started on rather shaky legal and legal foundations. A critical renegotiation of the union ought to be a key priority of the Constitutional Review Committee.