Constitutionalism and Democratic Governance in Africa: - PULP

26 Chapter 2
in the period of 1960 to 1992, when statist or commandist politics were the
modus operandi of doing politics in Tanzania. 53
5 Constitution-making in Tanzania: A glimpse of
the historical backdrop
Tanzania, known as Tanganyika before its union with Zanzibar in 1964,
was formerly under the British as a mandate under the League of Nations
and later as a Trustee Territory under the United Nations. Its
independence Constitution was negotiated with the former rulers. In these
negotiations the departing British had an upper hand. The nationalists and
the people did not have a clear say in the process of framing the incoming
independence Constitution. 54 Since independence, Tanzania (and the
then Tanganyika) has had five constitutions.
5.1 Independence Constitution of 1961
Tanzania’s independence was a negotiated process. As its first
independence constitution was a symbolic representation of the end of
colonialism and the installation of state sovereignty. The Constitution
constituted state sovereignty in the international arena as opposed to
constructing a ‘national’ consensus domestically. It was more of a
compromise between the colonial rulers and nationalist leaders than an
embodiment of a compact between the new rulers and the people. 55 The
latter consensus, which found expression in nationalist struggles and
national-building ideologies, was crystallised on a terrain other than that
of liberal ideologies of constitutionalism. Yet most independence
constitutions hatched in colonial offices were constructed on the basis of
the liberal principles of the Westminster model. 56 The 1961 Constitution
was the first constitution adopted by Tanganyika after its independence
from the British in 1961. The Constitution nevertheless retained the
tradition of the former rulers based on the Westminster tradition with clear
separation of powers, independence of the judiciary and generally an
existence of checks and balances. 57 It was a classic example with one
glaring omission, a bill of rights, in fact, the 1961 Constitution was closer
to the Westminster model as it operates in the United Kingdom which
does not have a written bill of rights than similar constitutions elsewhere
53
B Tusasirwe Constitutionalism in East Africa: Progress, challenges and prospects in 2003 (2005)
12.
54 CM Peter ‘Constitution-making in Tanzania: The role of the people in the process’
Faculty of Law, University of Dar es Salaam, (August 2000) (unnumbered).
55 IG Shivji ‘Problems of constitution-making as consensus-building: The Tanzanian
experience’ in Sichone (n 21 above) 24. See also generally, AK Vedasto The basics of the
laws and constitutions of Tanzania: From 1920 to the present (2008).
56 Shivji (n 55 above).
57 Peter (n 54 above).