AfricaPress-Tanzania: The government has responded to Tanganyika Law Society (TLS’s) advice on the need of forming a new cabinet which will take oath of allegiance to President Samia Suluhu Hassan, saying no article of the United Republic Constitution has been dishonoured.
The Bar Association of the Tanzania Mainland issued the advice on March 19 through a public notice signed by its President, Dr Rugemeleza Nshala, titled: TLS Guidelines on the Formation of a New Cabinet following the swearing in of Samia Suluhu Hassan as the United Republic of Tanzania President.
Ms Hassan took the oath of office last Friday at the Magogoni State House to succeed President John Magufuli who died at Mzena Hospital of heart complications last week.
According to the TLS public notice, when Articles (51)(2) and 57(2)(e) of the United Republic Constitution are read together it becomes clear that there is currently no Prime Minister and that the President is supposed to appoint one.
“The President is supposed to appoint the new Prime minister 14 days after taking the oath. The present Prime Minister is considered not the Premier, therefore the cabinet is considered to have been dissolved due to the absence of the Premier,” reads the notice.
The other reason is referred to Article 57(2)(e) of the Constitution including the death of the President who appointed the Prime Minister and the commissioning of another appointment authority.
TLS stressed that either elected or sworn in President, he or she will be required to appoint the new Prime Minister 14 days after taking the oath of office.
But, the minister of Constitution and Legal Affairs Mwigulu Nchemba tweeted yesterday saying there was no Article in the United Republic of Tanzania that has been violated following swearing in of President Samia Suluhu Hassan.
“There is no constitutional confusion due to failure to appoint the new Prime Minister and cabinet of ministers,” reads his tweet
He says Article 42(5) of the United Republic Constitution stipulates that an elected person according to Article 42 (1) and the Vice President based on Articles 37(5) and 50(2)(d) of the United Republic Constitution can be sworn in as the country’s president.
According to him, the recent circumstance forced the Vice President (Samia Suluhu Hassan) to serve as the acting President before taking oath to become the country’s President.
“The President takes over after the General Election. However, Article 57(2)(f) of the United Republic Constitution is not working under this circumstance,” he says.
He says the country’s laws require that the President should inform the cabinet of ministers immediately after taking oath of office, something that she did because the cabinet is in existence.
However, the minister said discussing issues of power scramble even before the burial of a fallen leader is against Tanzanian traditions as well as principles of humanity.
“This is a big loss. It is a huge thing that rests in the hands of the President. We shouldn’t exert pressure on her about appointing the new Prime Minister or dissolving the cabinet. The constitution has directed how the President can be sworn in and ways of getting the Vice President,” he says.
He says the President is allowed by the constitution to dissolve the cabinet and realign it with her demands even without relating it with her oath, advising that her wisdom on the way she was handling the funeral of her predecessor should be respected.
Speaking on Saturday, the Permanent Secretary for the Constitution and Legal Affairs ministry Amon Mpanju said currently Tanzanians are focused on mourning the fallen hero and true patriot, Dr John Magufuli.
“Issues rose by TLS and others should wait. Tanzanians’ hearts have broken due to the death of their leader. There is nothing that has been violated so far,” he said.
He added: “The Commander-in-Chief of the Armed Forces will be available whenever there is something required. If the country’s laws and constitution have certain demands, then instructions will be provided.”
According to the TLS public notice, Article 51(2) requires that as soon as possible, and in any case within 14 days after assuming office, the President shall appoint a Member of Parliament (MP) elected from a constituency from a political party having a majority of members in the National Assembly.
“Or if no political party has a majority, who appears to have the support of the majority of the Members of Parliament, to be Prime Minister of the United Republic, and he shall not assume office until his appointment is first confirmed by a resolution of the National Assembly supported by a majority vote of the Members,” reads the statement.
The notice emphasises that elected or President or the one sworn in following demands of Article 37(5) of the Constitution would be required to pick up the Prime Minister 14 days after becoming the President.
The Bar Association for Tanzania Mainland says after the Prime Minister’s appointment, confirmation and swearing in, the duo will collaborate in the appointment of ministers and deputies who will take oath before the President and then assume their duties.
