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Ten give Zanzibar AG ultimatum on Union
2006-01-01 10:00:44
By Issa Yussuf, Zanzibar
While the Zanzibar Attorney General (AG), Iddi Pandu Hassan, maintained on Friday that the four-decade Tanzanian union, was legal, ten suspicious Zanzibaris have given him a two-week ultimatum to legally justify the involvement of Zanzibar in the union.
’’I am certain the late Abeid Amani Karume and Mwalimu Julius Nyerere signed a treaty to legalize the political union between Zanzibar and Tanganyika to form the united republic of Tanzania. However, I do not know the whereabouts of the original union treaty,’’ Pandu said adding:
’’Normally treaties, such as the formation of East African Community (EAC), and the OAU (now African Union) are kept at the United Nations headquarters.
But with our union, I hope each state house ,that of Zanzibar and Dar es Salaam, each has the original copy after the signing of the agreement.
However, I am not sure whether the houses still have the original union documents. Moreeover, there is no legal obligation for my office to have a copy of the treaty,’’ Pandu said.
Ten Zanzibaris last Thursday wrote a letter to the AG demanding that he gives a detailed explanation why Zanzibar had unlawfully remained a part of the union.
’’We need you to legally defend the legitimacy of Zanzibar remaining part of United Republic of Tanzania, whereas there is no original document signed by the founders of the union,’’ the plaintiffs stated in their letter.
Also the plaintiffs argue that it is wrong for Zanzibar to be called part of the union, to take part in union matters, to be denied sovereignty, and that Zanzibar deserved to take up its seat in both UN and Commonwealth.
’’We are demanding an explanation, or else we will refer the issue to the International Court in The Hague,’’ the plaintiffs said in the letter also copied to embassies in Tanzania, and to the secretary general of the United Nations.
The Zanzibaris’ demands follow a ruling by Zanzibar high court judge Mbarouk Salim on December 21, which says the Zanzibar AG’s office did not possess an original copy of the agreement to get married in April 1964.
The plaintiffs are : Rashid Salum Adiy, Rashid Ahmed Rashid, Rashid Yussuf Mchenga, Haji Sheha Hamadi, Abdallah Hassan Mrisho, Mbaruku Sheha Simai, Khamis Ismail Makame, Ali Simai Mwadini, Abdallah Muhsin Abeid, and Ali Omar Omar.
They filed a case asking the high court to force the AG to produce the original articles of the union.
They believe that the union between Zanzibar and Tanganyika is illegal.
According to the plaintiffs the original articles of the union have never been public, therefore ’’the Zanzibar attorney general must produce the article.’’
The case was mentioned for the first time in June this year at the Zanzibar high court.
The Plaintiffs argue that Zanzibar has been getting both economic and political problems because there is no legal guidance in having a smooth union.
The new president, Jakaya Kikwete, who assumed office on December 21, also promised during campaigns ahead of the elections, that he would solve problems related to the Union if elected.
Zanzibar has its own independent legislature, judiciary, and parliament within the union formed in 1964.
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