By Evarist Baimu Nyaga Mawalla - Home

private motion on the desirability of a referendum before some features of theConstitution were tampered with, Hon. Sukwa Said Sukwa, after tow interruptions by hiscolleagues, continued and said (Parliamentary Debates, 26.8.1994):Mheshimiwa Spika, nilisema kwamba tatizo la nchi yetu sio wananchi. Lazimatukubali hili kwa kweli, tatizo ni sisi viongozi. Kama sisi viongozi tutakubaliana,wananchi hawana matatizo. Mimi nina hakika Mheshimiwa Spika. Kama viongozi waTanzania wote, wa pande zote mbili wa Zanzibar na wa Tanzania Bara, tukubali kusemakesho Serikali moja, basi itakuwa kesho, na wananchi watafanya maandamano kuungamkono. Maana wananchi wetu hawana tatizo. Kwa nini tunawapelekea hili tatizo?Nasema tatizo ni sisi viongozi.Given all these and other circumstances, if there should spring up a public – spiritedindividual and seed the Court’s intervention against legislation or actions that pervert theConstitution the Court, as guardian and trustee of the Constitution and what it stands for,is under an obligation to rise up to the occasion and grant him standing.The present petitioner is such an individual.These principles find expression in our Constitution.It is apparent from the scheme of Part III, Chapter One of the Constitution that everyperson in Tanzania is vested with a double capacity: the capacity as an individual and thecapacity as a member of the community. In his former capacity he enjoys all the basicrights set out in Art. 12 to Art. 24: in the latter capacity he is bounded to discharge dutiestoward the community as indicated in Art. 25 to Art. 28.This scheme reflects the modern trend in constitutionalism which recognizes the preemimenceof the community in the formulation of the constitution. It is recognized thatrights are correlative with funetions; we have them that we may make our contribution tothe social end. Our Constitution goes further to emphasize the two capacities byequipping the individual with a double standing to sue. In the first place he is vested withstanding by Art. 30 (3) which states:(3) Where ay person alleges that any provision of this part of this Chapter or anylaw involving a basic right or duty has been, is being or is likely to be contravened inrelation to him in any part of the United Republic, he may, without prejudice to any otheraction or remedy lawfully available to him in respect of the same matter, instituteproceedings for relief in the High Court.204