Annotated Proposals of A New Constitutions of the United Republic of Tanzania

The ruling government party in Tanzania, CCM, accepted in 1992 that the government of Tanzania should change from a single to a multi-party democratic system. Since that time, there have been continuing voices calling for a new constitution, reflecting the changes since mainland Tanzania independence in 1961 and union with Zanzibar in 1964. Official responses to these representations have been that the constitution provided for amendment or removal of o ending clauses, and thus that the governing constitution remained relevant.

Nonetheless, there remained a demand that the constitution should reflect the will of the people, and that their freely expressed will should reflect the issues that matter in their lives. The voices demanding a new constitution became a clamour after the 2010 General Elections. In his end of the year speech on 31 December 2010, and a year later in 2011, President Jakaya Mrisho Kikwete put in motion the process of gathering peoples’ opinion on the new constitution. On 6 April 2012, he appointed Joseph S. Warioba to Chair a Commission to gather opinion and to present its report in October 2013. This book presents an Annotated Draft New Constitution by the late Mr D.M.K. Bishota who, in his lifetime was keenly interested in Tanzania’s political and especially constitutional developments. It is a contribution from a Tanzanian citizen and nationalist, from a specialist academic perspective, immersed in the art and science of constitution-making.

About the author
D.M.K. Bishota obtained a Bachelor of Civil Law (BCL) from University College Dublin, an M.A from University College London, and a second M.A from Harvard University. He was the first Tanzanian Dean of the Faculty of Law, University of Dar es Salaam, prior to which he had been Deputy Counsel to the East African Community. After a short period in the Ministry of Foreign A airs he joined the African Development Bank in Abidjan, Côte d’Ivoire in 1980 and occupied different posts there until 1977 when he returned to Tanzania and established his Law firm of Bishota DIEMKE. The Annotated Constitution of the United Republic of Tanzania, completed during his final years while bedridden with Paraplegia, represents his last and most important contribution to Tanzania’s Constitutional review process.