President’s CA inaugural speech was okay: Pinda

Dodoma. Prime Minister Mizengo Pinda yesterday came to the defence of President Jakaya Kikwete, saying the Head of State did not err in what he presented to the Constituent Assembly (CA) on Friday last week.

Addressing the CA on Friday last week, Mr Kikwete faulted the three-government system as proposed in the second Draft Katiba prepared by the Constitutional Review Commission (CRC) and presented to the assembly on Tuesday last week.

The President said, among other things, that it would be difficult to create a Union government that will depend on Zanzibar and Tanganyika for all of its resources including land and funds to finance its businesses.

Speaking three days after the CRC chairman, Judge (rtd) Joseph Warioba, had presented the second Draft Constitution to the assembly, Mr Kikwete called upon members to comprehensively read the Draft with a view to finding solutions to many of the matters proposed so as to come out with a tangible Constitution for the country.

The President’s speech was, however, received with mixed reactions from politicians and non-politicians alike, whereby the opposition criticized the Head of State as having crossed his limits in the matter.

A member of the CRC, which has now been dissolved, Prof Mwesiga Baregu, was quoted as saying that he had expected President Kikwete to only have officially inaugurated the CA, but to his surprise, the Head of State ended up giving orders, threatening and creating confusion among members.

But Mr Pinda said here yesterday that Mr Kikwete did not err at all in his speech.

“The President wanted to show the CA his views but on each point, he insisted that it was up to the members to decide. He gave no orders,” Mr Pinda said emphatically.

The President, said Mr Pinda, had the right to say what he said in his capacity as the Head of State. “It is up to us, CA members, to either adopt or ignore the President’s views,” he said.

He said it was unfortunate that the President’s views were construed to carry the official position of the party – CCM -- that he (Mr Kikwete) chairs.

“Even if it were to be Prof Ibrahim Lipumba or Mr Freeman Mbowe, people would still think their views carried the official positions of the political parties that the duo chair,” he argued.

According to Mr Pinda, it was proper for Tanzanians to note that what Mr Warioba had presented last week was a Draft Constitution which should be improved to fit the needs of a majority Tanzanians.

“If we do not improve it, chances are that Tanzanians would reject the document when it is taken to the next stage, that is, the referendum,” he said. On views that the 2010 amendments to the Constitution of Zanzibar further weakened the Union government simply because the modifications clearly proclaimed that Zanzibar is a country, Mr Pinda said people were taking the issue out of its context.

The amendments, according to Mr Pinda, say that Zanzibar is a country that was formerly known as the People’s Republic of Zanzibar, which then united with what used to be known as the People’s Republic of Tanganyika to form the United Republic of Tanzania. (Unofficial translation).

“The complexity that people face here is making a clear distinction between the word ‘country’ to mean geographical location and ‘country’ to mean a sovereign state….Otherwise, we can still find a way of clearly defining these issues within the two-government system,” he said.

He said the issue regarding legislators from Zanzibar participating in debates for non-union matters in the Parliament of the United Republic could be solved with creation of a separate House of Representatives for issues of Tanzania mainland similar to the Zanzibar House of Representatives.

This means, if his proposition happens to be included in the final Mother Law, there would be three parliaments.

Mr Pinda said it was encouraging that the CRC has proposed the formation of a constitutional institution that will work on Union challenges.