By Evarist Baimu Nyaga Mawalla - Home

full exercise of the fundamental rights enacted therein save as they may be limited interms of the provisions of Art. 30(2) and Art. 31(1).Although the amendments pass the test of validity by virtue of the very wide definitionof “alteration” in Art. 30(2). Thirdly, the literal application of the amendments could leadto monstrous and nationally injurious results. It is believed that there are between threeand four million people in this country who subscribe to some political party, leavingwell over twenty millions a free decision in the government of their country is unjust,monstrous and potentially calamitous. Fourth, it must be said that any talk of “parties” atthis juncture in the country’s history cannot be serious. Apart from Chama cha Mapinzuziwhose presence is all pervasive, the rest exist more in more than is practice.The amendments are therefore capable of being abused to confine the right of governinginto the hands of members of a class and to render illusory the emergence of a trulydemocratic society. I do not wish to believe that was the intention of the Legislature.Finally, Art 21(1) can in fact, operate alongside Art. 39 and allied amendments strange inhaving party and independent candidates in any election.For everything I have endeavoured to state and notwith- standing the exclusionaryelements to that effect in Articles, 39, 67 and 77 of the Constitution as well as s. 39 of theLocal Authorities (Elections). Act 1979, I declare and direct that it shall be lawful forindependent candidates, along with candidates sponsored by political parties, to contestpresidential, parliamentary and local council elections. This will not apply to the councilelections due in a few days.We now come to the sixth and final issue. A declaration is sought to the effectthat it is unconstitutional for the President to appoint Zanzibaris to head non – unionministries and departments on the Mainland.This matter invites a bit of the union’s history. When Tanganyika and Zanzibar united in1964 the Constitution of the former was adopted as the anterim Constitution of the UnitedRepublic, modified as to provide for a separate government for Zanzibar in matters otherthan those reserved to the union Government. At the same time the Government ofTanzania was abolished. The union operated under interim constitutions until thepromulgation of the 1977 Constitution.Article 4(3) of the Constitution provides for the divisions of governmentalfunctions on the basis of union end non- union matters. Authority in respect of all unionmatters as well as non – union matters in and for the Mainland is vested in the UnionGovernment by Art. 34(1).Likewise all executive power of the United Republic with respect to union matters andwith respect to non – union matters in and for the Mainland is vested in the President. Hemay exercise that power either directly or through delegation to other persons holdingoffice in the services of the United Republic. The President is also empowered toconstitute and abolish officers and, pursuant to the provisions of Art. 36 (2), he has power226