By Evarist Baimu Nyaga Mawalla - Home

to appoint persons to offices in the public services of the United Republic subject to theother provisions of the Constitution, In the exercise of the functions of his office thePresident has unfettred discretion apart from complying with the provisions of theConstitution and the law. Article 55 (1) additionally empowers the President to appointMinisters who “shall be responsible for such offices as the President may from time totime …establish”.He also has power to appoint Region Commissioners for regions in the Mainland.Zanzibar retains the internal autonomy in respect of non- union matters falling on thatside.It was argued by Mr. Mbezi that the structure of the Constitution points to a dualrole for the Union Government, i.e as a Government responsible for Union Matters and asa Government responsible for non- Union Matters for and in the Mainland. He alsosubmitted that the division of union form non- union matters could not have been donewithout a purpose. In his the fact that they are constitutionally placed under the UnionGovernment does not amount to their unionization.He therefore thinks that the appointment of Zanzibaris to run these matters offends Art.4(3). Mr. Mussa responded by pointing out that no provision in the Constitutioncompelled the President not to appoint Zanzibar to such position and that it wouldactually be discriminatory if he did not do so. In his view the exercise of the power ofappointment was a matter of policy but not one founded on the Constitution.The issue of Zanzibar in “Mainland” ministries is presently a matter ofconsiderable interest, and seems to derive more drive from the polarized politicalsituation which culminated in the ill-fated parliamentary notion for a government ofTanganyika. But sentiments apart, one would certainly with to know the juridical positionof non – union matters in and for the Mainland.The dualism factor asserted by Mr. Mbezi was recognized and articulated by the Court ofAppeal in Haji v. Nungu & Anar (1987) LRC (Coast) 224 where Chief Justice Nyalalifurther stated ( at 231) that in the being structure of the Constitution there are “matterswhich concern exclusively that area which before the Union constituted what was thenknown as Tanganyika…” He went on to say that “These matters under the scheme of theConstitution fall under the exclusive domain of the Government of the United Republic.The Revolutionary Government of Zanzibar has no jurisdiction over these matters.” Ofcourse that case was concerned with a different matter – the jurisdiction of the HighCourt of the United Republic in election petitions – yet, even with that reference to theexclusive domain of the Government of the United Republic over Tanganyika matter, Icannot read a suggestion o the unionization of those matters. There are various types ofconstitutions which are classified as federal and ours court carry that appellation in theabsence of a standard or ideal type of a federal constitution. It is not uncommon for suchconstitutions to enumerate the areas reserved to the federate, leaving the rest to thefederal or central government.227