Friday, 21 February 2014

Warioba, Werema differ

Attorney General Frederick Werema 
 Constitutional Review Commission (CRC) chairman Joseph Warioba has warned the Constituent Assembly against overturning key proposals contained in the second draft constitution.
Mr Warioba sounded the warning a day after Attorney General Frederick Werema told CA members that they were free to change anything in the draft except the national issue outlined in the Constitution Review Act.
Comments by the two leaders came amid a debate on whether CA members have the mandate to overturn proposals by the CRC, notably on the Union structure. While the draft constitution proposes three governments, the ruling CCM, which commands a majority in the CA, advocates the current system of two governments. Mr Warioba told The Citizen on Saturday by telephone yesterday that CA members should understand that it is not their task to write the constitution.
“Their work will result in the third draft constitution, which will be subjected to referendum to be undertaken by the same people who gave views that formed the basis of what the CRC proposed,” said Mr Warioba, who clarified earlier this month that CA members were only allowed to improve what the CRC had proposed, not overturn it.
But reacting to queries from CA members during a workshop on Thursday, Mr Werema noted that with the exception of issues mentioned in Section 9(2) of the Draft, members were at liberty to make new recommendations.
National issues outlined in Section 9(2) of the draft include the Union, the government, Parliament and Judiciary, republic governance system and the Revolutionary Government of Zanzibar.
Others are national unity, peace and tranquillity, periodic democratic elections, human rights, equality before the law and a secular republic.
“The work of this assembly is not limited to adopting the draft constitution. If that was the case, then there would have been no need to have this assembly,” Werema said.
But Mr Warioba said yesterday that in doing their work, CA members should make sure that they follow the law to the letter.
He said in doing so, CA members should desist from “owning” the proposed constitution as it is only Tanzanians who were going to make the final decision on the proposed Supreme Law.
Mr Warioba said what was in the draft constitution was the collective opinions of Tanzanians, which should be respected.
“On this, I am the final spokesperson. During this process we are all advisors. Since the beginning, it is wananchi who gave their opinion which formed the basis of the first draft. We later returned to the same to wananchi who improved it. They made amendments... Although it is being debated in the Assembly, the draft is still the property of Tanzanians.”

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