No provision for devolution, Kadhi court
What you need to know:
- He said a good lesson by the Mainland could be borrowed from Zanzibar that has for many years established and run successful Kadhi Courts outside the prism of its Constitution.
Dar es Salaam.There were no provisions for the establishment of a devolved government system in the proposed Draft Constitution.
Equally, the Kadhi Court, dual citizenship and the rightful place for Regional Commissioners and District Commissioners were left out in the proposed mother law.
The Chairman of the Constitutional Review Commission Justice (rtd) Joseph Warioba said the omitted issues would be catered for in relevant Acts by the respective governments.
Releasing the draft yesterday, Judge Warioba said since Kadhi Court was not among Union subjects, the proposed autonomousTanzania Mainland and Zanzibar governments will decide how best to introduce it.
He said a good lesson by the Mainland could be borrowed from Zanzibar that has for many years established and run successful Kadhi Courts outside the prism of its Constitution.
Judge Warioba said the Commission rejected views for the formation of a devolved government saying the decision would be too expensive for the country’s economy.
He said forming regional governments amidst the proposed three-tier government structure would mean an increasing in administrative expenses at the expense of the public wellbeing. He said leadership in the established tiers was sufficient to cater for regional needs.
He also said the move had the potential to inflame tribalism, religious chaos and regionalism, things the country needed to avoid at all costs.
Judge Warioba said dual citizenship will adequately be dealt with under laws governing immigration. Tanzanians living in diaspora have for years called for inclusion of dual citizenship in the law to enable them participate freely in the activities of their adoptive countries.
Among the consequences they suffer in diaspora include denial of job opportunities due to the fact that some foreign countries reserve employment for their citizens.
On the positions of the RC’s and the DC’s, Judge Warioba said since the subjects are non -union matters, respective countries were left to decide on their preferences.
Sections of the public want the role of regional administrators abolished as they have been considered as a repressive arm of the state under the ruling party.
