Power balances under S3z Union

Zitto Kabwe

In the ongoing
constitutional making process discussions have centred on the structure of the
Union. While pro status quo are calling for continuation of the two tier
structure of the Union whereby Executives of Union and that of Tanganyika are
merged and a separate executive for Zanzibar, pragmatic pro reforms are after
one executive for each Union partner and a Union Executive for Union matters.
Chambi Chachage is for the former with strong argument based on power relations
and that the Tanganyika Executive will eventually dominate the small partner
and kill the union itself. He writes “My bone of contention remains: How do we
ensure the distribution and separation power between and within three layers of
executive, judiciary and legislature without breaking the Union”?  He
concludes “Power analysis can thus help us structure our union in a sustainable
way. Our public debate must involve it. Ultimately, it is the people who decide.
But it is the structures that determine to what extent such decisions would be
sustained. Let us speak truth to power”[1].
And I totally agree with him that we analyse power relations created by the
proposed structure, similarly by any Union structure that we will end up with.
Moreover I agree with him that regardless of the fact that constitution is a
legal matter but any decision will be inherently political.

About Power Joseph Nye
writes “…power is hard to measure. But that is also true of love, and we do
not doubt its reality simply because we cannot say we love someone 1.7 times
more than someone else. Like love (and leadership), power is a relationship
whose strength and domain will vary with different contexts. Those with more
power in a relationship are better placed to make and resist change”[2]. Empirical studies have shown that the more
powerful are less likely to take on the perspectives of others. Power is
influence. Power is control, be it hard or soft. Be it through coercion or persuasion.
The improved three tier Union structure (S3z as proponents call it, z
standing for ‘zilizoboreshwa’) will face power relations that must be
comprehended not only by its supporters but also its critics. Power equilibrium
must be achieved. Because power operates both relationally and
reciprocally, sociologists speak
of the balance of power between parties to a relationship:
all parties to all relationships have some power: the
sociological examination of power concerns itself with discovering and
describing the relative strengths: equal or unequal, stable or subject to
periodic change. Sociologists usually analyse relationships in which the
parties have relatively equal or nearly equal power in terms of constraint rather
than of power. Thus ‘power’ has a connotation of unilateralism. If this were
not so, then all relationships could be described in terms of ‘power’, and its
meaning would be lost. Given that power is not innate and can be granted to
others, to acquire power you must possess or control a form of power currency [3]. Hereunder I describe the power structures of the proposed three tier Union for
analysis.

S3z is centred on Tanzania being a one sovereign state
headed by One Head of State called the President of the United Republic of
Tanzania. The President will have an exclusive authority on all Union matters
and henceforth apart from being a head of state he/she will also be an
executive head of the Union Government. Together with his/her Union Cabinet,
the President will be assisted by two Vice Presidents one being a head of
Government of Tanganyika with executive powers on all non union matters in
Tanganyika and the other one a head of Government of Zanzibar with executive
powers on all non union matters in Zanzibar. Thus, the Presidency comprises the
President and the two Vice Presidents. Only the President will be directly
elected by the people and must obtain at least 50% + 1 of all votes casted and
not less than a third of the valid votes from each Partner state. The Prime
Minister of Zanzibar and that of Tanganyika will come from a political party
with majority in the Zanzibar House of Representatives and that of Tanganyika.
That means, the party with majority in the House of Representatives of
Tanganyika will form the Government of Tanganyika, similarly for Zanzibar.

Definitely there must be
legislatures for Union, Zanzibar and Tanganyika. It is proposed that the Union
Parliament (Bunge) be a joint sitting of both houses of representatives. Bunge
will legislate on matters on the Union List which will be implemented by the
Union Government and on concurrent matters implementation of which will be done
by partner governments. This means Union matters will be exclusively legislated
by Bunge, concurrent matters legislated by Bunge but enforced by partners and
the remaining (non union and non concurrent) exclusively legislated by
partners. With this the balance of power will be struck. As for Judiciary,
already in Tanzania we have separate jurisdictions for partners and only the
Court of Appeal is a Union matter. However Court of Appeal shall be replaced by
Supreme Court which will be a Union Court and a court of last instance for
matters to be decided by the Constitution or specific legislations.

This briefly described
structure can be analysed and improved or discarded. Heads of Government of Zanzibar
and Tanganyika being part of the Union Cabinet and the legislatures of both
partners being Union legislatures tries to strike this balance of power. The
Union Finance Minister through Union Revenue Authority will collect taxes
except those not mentioned in the list of Union matters, maintain what is
needed to run the Union Government and distribute to partners what remains.
This is a more clear structure with checks and balances inbuilt. Most
importantly this structure gives partners their autonomy while maintaining a
strong union. List of Union matters shall be the list agreed in 1964 as
provided for in the articles of the Union and concurrent matters must be agreed
amongst partners and be included in the new constitution as a second schedule.

When conflicts occurs, the
Government of Zanzibar will be able to discuss the matter with the Government
of Tanganyika coordinated by the Union Government. Currently, when Zanzibar
raises an issue it meets the Union as the partner is nowhere to be seen. S3z
ends this confusion.

[1] https://udadisi.com/2014/04/can-union-survive-under-any-form-of.html

[2] The Powers to Lead, Joseph S. Nye Jr., 2008.

[3] http://en.wikipedia.org/wiki/Power_(social_and_political)