W2B-GEN1T
Policy statement
Union for Multi-party Democracy (UMD)
1. Introduction
Tanzania has a long history of imposed constitutions. It will be remembered that the terms of reference of the Ormsby-Gore Commission (of 1926). Which sought to unite Tanganyika with Kenya was rejected by the African Association and prominent Chiefs and commoners headed by Chief Makwaia Mwandu who were sent to London in 1932 to present the case for the people's rejection of the proposals mooted by Britain's Administering Authority. However, <-/inspite> of the people's objection a pseudo-political union called East African High Commission was to all intents and purpose a federation which amalgamated all the important infrastructures of Tanganyika with those of Kenya which was politically and economically dominated by the Kenya White settler. Tanganyika's transport and communications were amalgamated with those of Kenya. Customs and Exercise Union was introduced; Tanganyika's Research institutions in agriculture and animal husbandry were controlled from Nairobi.
Again it was Tanganyika where Britain's experiment on a tripartite <-/sytem> of franchise which compelled the electorate to vote for three candidates in a single ballot to elect to the legislature one European, one Asian, and one African for the same constituency to make his vote valid. Nowhere else in the colonial dependencies did the British employ such a franchise.
The elements of intrigue and disregard for the democratic rights of the people have featured prominently in our political system since Tanganyika gained her independence in 1961. The independence constitution was a British creation imposed on Tanganyika by an order superseded by the Republican constitution which was imposed without being referred to the electorate. In 1965 the so-called interim Constitution which united Tanganyika and Zanzibar was similarly imposed without consulting the Tanganyika and Zanzibar electorate. We now have the 1967 constitution of the united Republic of Tanzania. This Constitution entrenches one-party rule which is a gross first by Tanu, and later by the Chama Cha Mapinduzi (CCM).
Therefore the launching of the Union for Multiparty Democracy, (UMD) represents, a historical and significant departure from what has become a tradition of imposed undemocratic political and governmental institutions in the lives of the people of Tanzania.
We in the UMD want to assert the basic fundamental rights of the people to freely form their own civil societies and organizations; to promote and safeguard their political, economic and social interests, UMD strongly supports the proposed National Constitutional Conference which must be convene without delay to hammer out a new democratic Constitution based on a Multi-party System.
The new Constitution has finally to be approved in a referendum to give it a sovereign authority of the people.
It should not be forgotten that the UMD is being founded against a background of disintegrating Tanzanian Society which has lost a sense of direction. The effects of economical, social and moral disintegration have sapped our people's energies to find a better life. The UMD is founded to restore the people's will to find the way to a life of happiness, freedom and dignity. Corruption and other social vices are now rampant in our society and are not uncommon in the higher <-/echolons> of government; the public services and the one party. In launching the UMD we commit ourselves and resolve to work for the restoration of confidence in public affairs, in administration, and in economic management. We resolve to work to restore the virtues of honesty and personal and national dignity.
We pledge ourselves to work towards full employment of our youth and our workers by adopting a fully fledged market economy and sound economic policies. We pledge to use our best <-/endevours> and shall leave no stone unturned in our efforts to eradicate corruption in the public services and the commercial sector. Embezzlement of public funds, thefts, misuse of public property, and other social wrongs have afflicted our society for so long and we resolve to remove this cancer from our society. Finally, we pledge to strive towards the total democratization of all our public Agencies and institutions so that democracy becomes an integral and permanent part of Tanzania's way of life, and the national psyche that without democracy life is pointless, and unworthy of our nation.
The union for Multi-party democracy will strive to be a genuine democratic political movement, which will further its democratic ideals and other organizations, and will conduct itself in the mainstream of Tanzania politics in a responsible way. We recognize that any difference of opinions or policies with other organizations do not constitute any reason for enmity but a genuine right to dissent. It is our policy to respect those opinions, and uphold the principle of agreeing to disagree without harbouring feelings of enmity.
Tanzania has enjoyed her independence in a relatively calm atmosphere for the last three decades. This creditable achievement has mainly been due to the peaceful and tolerant nature of her people. Her rulers, first in TANU and later in the Chama Cha Mapinduzi (CCM), have on numerous occasions been provocative: by imposing a reaching measure without a mandate from the people.
(ii) The TANU government introduced the one-party system of government and supported it by all kinds of repressive legislating such as preventive detention under which opponents of the system and its arbitrary rule were subjected to incarceration for long periods without trial.
(iii) In 1974-75 whole peasant communities in rural Tanzania were uprooted from their traditional homelands and villages by force and dumped into new settlements without proper planning of the new areas where they were left to fend for themselves. Under this programme, commonly known as villagisation, large peasant communities were suddenly impoverished, and reduced to a state of despair and humiliation.
(iv)The economy of Tanzania has suffered very badly from such <-/illconceived> policies which were executed without regard to the possible effect on the lives of the people and their welfare.
(v) On a number of occasions University students were sent home when they complained about poor campus and living conditions, and the quality of education and inadequate facilities.
2. In many respects the situation inside Tanzania has had many <-/remniscences> of the former colonial regime.
3. Today, agents of the ruling party are going around the country intimidating the rural population by stories to the effect that the country's peace and stability is being threatened by proponents of multi-party system. The aim of this propaganda is to discredit Multi-partyism so that the existing political status quo can be maintained. But we are now sure that Tanzanians are fully aware of the present political realities in their country; they want an immediate end to one party hegemony and the return of democracy and a sovereign parliament. We have said this many times and want to speak even louder through the newly formed Union for Multi-party Democracy shall deter UMD and the people of this peace loving country from their desire to run their affairs and to rid themselves of the repressive rule of the one party state.
4. Join us now in the union for Multi-party Democracy to help bring new freedom and economic development for our people.
2. The Constitution of Tanzania
Since independence, Tanzania has never had a constitution that draws its legitimacy from the will and authority of the people in 1961, Westminster imposed the independence constitution Tanganyika in 1962 the Republic on constitution which was not referred to the people but was passed by a legislature elected on a limited franchise was yet another imposition. The 1965 interim constitution was a result of TANU's decision to impose one-party rule and to provide for the Union Government which was decided by then president of Tanganyika and Zanzibar, Julius Nyerere and Abeid Aman Karume. Similarly the 1977 constitution was the product of the merger between TANU and ASP and was imposed on the people of Tanzania by the newly formed one party - CCM.
We now say enough is enough and we can not longer accept such dictatorial regimes in Tanzania. We demand that CCM and its government do convene a national constitutional conference to discuss and work on the future Constitution of Tanzania which shall guarantee the sovereignty of parliament and establish truly democratic institutions of the people based on the fundamental human rights of association and assembly.
Articles 3 and 10 of the present constitution impose supremacy of the state party over parliament. These provisions have usurped the will and power of the people and we demand that immediate action be taken to remove them from the constitution even before the promulgation of the national constitution.
3. Our Independence
During their forty years of rule, the British did not, as a matter of policy, encourage the people to form and develop their own free civil societies and organisations to promote their economic, political and social interests or safeguard the terms and conditions of their employment, as workers and civil servants. Endless volume of legislation to control and suppress the people were passed by the legislative council in which the indigenous population was not represented by election until the last five years of British rule.
This <-/sate> of affairs has not changed since independence in 1961. In fact, as far as freedom of association and assembly is concerned, the situation has become worse since the one party state was imposed.
The one party state abolished the right of the people to form freely free cooperative societies and free women's and parent's associations. In fact all important citizen's associations and organization were brought to control of the state party. Control of the state party. Further, the one party state has partially disenfranchised most citizens who can only vote for candidates nominated by the one party but they themselves are debarred by the constitution from offering their candidature.
Therefor these thirty years of our independence have seen no real development of free democratic institutions. The people have been deliberately kept in the dark about their constitutional and basic human rights.
The efforts to keep the people ignorant of their basic human rights which include among others the rights to form political parties of their choice are still continuing. One obvious example is the Presidential Commission on the multi-party Democracy. The Government has not been honest enough to tell the people that the right to form political parties is a fundamental right which is already provided for in the constitution under article 20 but the exercise of that right equally by all citizens is denied by articles 3 and 10 which reserve that right for the enjoyment of the select class of rulers who are members of the state party.
Soon after our Independence Tanganyika played host to nationals of others African Countries who came as freedom fighters and refugees who had to flee from tyrannical rule in their own countries.
Tanganyika was proud to use her newly gained independence to Champion the cause of freedom for all Africans who were still under the yoke of the colonial powers.
Tanganyika, however, misused its Independence when it began to deploy its military forces to take sides in disputes which were purely internal matters of her neighbours in gambles of unclear political goals. We in the UMD want to assure our neighbours that we harbour no ambitions of becoming a military power for reasons other than defence of our territory. We want to say categorically, "Never again shall our military forces be deployed outside our borders except under international treaty obligations."
4. The Armed Forces
We believe that a grave mistake was made by TANU and CCM in involving the country's armed forces into politics. UMD's position is categorically opposed to a politicised army as we believe that a professional defence force should have no role to play in any active politics but must concentrate on training in the use of its equipment and must be ready to serve the country and use its expertise in the defence of the country under any Government of the day with undivided loyalty.
UMD will therefore advocate a policy which will aim at the complete depoliticisation of all our armed forces.
W2B-GEN2T
One up for the coconut tree in Zanzibar
The coconut palm tree, better known as the tree of life in Zanzibar, which has been left to die and rot and hardly used as a timber resource material, could soon become an alternative to conventional woods.
This development could come about if a three-year wood utilization project worth 23 million shillings takes off on Zanzibar Island.
The aim of the project is to create the foundation for a coconut wood industry with its main base in rural Zanzibar where project planning as been done in close collaboration with peasant farmers.
The co-operation partners in the project are the Ministry of Agriculture its main donor, the National Coconut Development Programme (NCDP) funded by the German government through its donor agency, the GTZ, Zanzibar Building Brigades and the Co-operative Department of the Zanzibar Chief Minister's Office.
Germany has injected DM 43 million since the NCDP was set up in 1979.
The home base for the project NCDP is at Beit el Ras Building where two project staff, a Zanzibari wood technician and a Danish cabinet maker and instructor will operate. At the end of the project in 1994 all resources of the project will be <-/intergrated> into existing Zanzibari institutions.
There are plans to arrange for a study tour for the project staff to a country like the Philippines where experience has been gained in sawing and processing coconut timber.
When a team of Mainland journalists visited Maili Sita in the Kiangaa area of Zanzibar to have a look at pitsawyers on the job, they learned for the first time that coconut palm trees contain a very hard structure of silicon fibres which makes its processing very difficult to handle.
And later, at Fujoni village, 20 km north of Zanzibar, we saw a village carpentry workshop using coconut timber to make beds, chairs, tables, windows and door frames.
Simai Haji, a 60-year-old carpenter at the village workshop, leads an informal <-_groups><+_group> of 20 carpenters who could earn as much as 50,000/-(220 $) a month.
"But sometimes buyers are not fast enough to come to the village to collect their finished orders, so we earn less in that month," he told me.
A wood technician, Mkumbwa Salim Seif, is also a saw doctor and has plans to register about 400 of these informal groups in Zanzibar and Pemba so that they can be trained to promote the coconut wood utilization project.
The local technician told me: "All that these people need are good tools. They have the coconut trees around them, but they must be organised as well, and a market has to be found for their products too."
Later, at Selem, the journalists were shown one of the two hybrid coconut seedfarms where researchers explained that hybrid coconut palms were thought to bear fruits much earlier than the local East African tall plant.
This was confirmed in later years, but the success was limited to areas with better ecological conditions including higher rainfall and better soils, also where farmers applied better coconut husbandry.
But where good ecological conditions did not exist, the researchers shifted the project to improve seed material from the local tall coconut palm.
Although this local palm has a lower coconut yield potential and is a late starter to bear nuts, it was found to be more robust and adaptable to the marginal ecological conditions of many parts of Tanzania, the researchers told me.
At Kombeni village, Suleiman Mahadhi, had offered his two-acre coconut farm to be used as test ground for research in integrated pest management of the coconut bug, the most important and devastating enemy which stings into young nutlets, better known as vidaka and causes their abortion.
The bug is a low-density, high-damage pest, meaning that only 30 bugs may cause a nearly complete failure of harvest amongst 100 coconut palms.
Mahadhi told me: "The researchers came through the party branch to ask if they could assist me and I agreed. Today I can harvest 500 coconuts every three <-/monhts>, up from 350 coconuts I used to harvest during the same period previously. "Thanks to the researchers led by a German technical advisor to the National Coconut Development Programme, Eberhard Krain, whom we call Bahati (good luck)," he said.
Mahadhi has planted host trees, including citrus, cloves and guaves to attract a major predator oecophylla longinoda to the coconut bug that is why he can now pluck many more coconuts than before.
The bug could also be controlled by spraying pesticides, but these are expensive to buy.
Eberhard Krain told me that the coconut research programme in Zanzibar and on Mainland Tanzania is 12 years <-/onld> and is aimed at increasing coconut production to improve the economic and nutritional status of the people. The target group are 600,000 farming households on the coastal belt of Tanzania.
He believes that local <-/skeptism> about the adaptability of hybrid coconut palms to local conditions is valid because farmers who saw trees as old as 80 to 100 years old may not easily go for the imported dwarf plants.
Hafidh Ameir Hassan, the seed farm manager at Selem said they were experimenting with five dwarf varieties to breed good seeds for Zanzibar.
These include Malayan Yellow Dwarf, Cameroun Red Dwarf, Malayan Red Dwarf, Sri Lankan Green Dwarf, Equatorial Green Dwarf and the local Kitamli Dwarf from Pemba Island.
Coconut tree researchers have established that hybrid plants could produce up to 200 coconuts per year while the local tall trees produce about 60 fruits per year.
They say the production difference between the hybrids and the local talls is about 50 per cent.
The trip to the Isles was organised and sponsored by the German Embassy in Dar es Salaam under the leadership of the Press Attache, Mr. Michael.
Experiments give hope for a living coffee and banana mulch
Axillaris (macrotyloma axillare) is a legume native to Eastern Africa, whose peculiar properties have fascinated researchers around the world who have been more than eager to exploit it.
The latest in the long list of institutions interested in the legume is the Igabiro Farmers Training Centre in Muleba District of Kagera Region which is experimenting on various species of legumes with the aim of finding a living mulch for both coffee and banana plantations. Axillaris looks like the most promising candidate.
The legume grows best on well drained soils such as alluvial sand loams or basaltic clay loams and does not have a very wide soil tolerance. It does not prefer low fertility acid solidic soils, but is said to enjoy what is known as a soil. PH above 5.5. It also does tolerate neither water-logged conditions nor high soil salinity.
The axillaris has vigorous seedlings and can be established into roughly prepared seedbeds. However, like most pastures, a much <-/beter> stand is obtained by using a well prepared, firm, fine and weed-free seedbed.
The legume is a useful plant for pastures on old cultivation lands, because its vigorous seedlings compete better than most species, with the weeds usually encountered in such situations.
Once established, according to a legume expert at Igabiro, axillaris can, with careful management, strongly dominate weeds, thus acting as a living mulch in coffee and banana plantations.
Another advantage of the legume is that, during active growth, axillaris tends to be unpalatable, having somewhat bitter taste, however, experts say animals such as dairy cattle can become accustomed to the taste in the long run.
Normally, rotational grazing is recommended with <-/sward> being maintained at or above 15 c.m. height. Because of its upright growth habit and the inability of runners to root at nodes, axillaris does not withstand frequent close grazing.
Even though under light grazing, axillaris has exceptionally good weed smothering abilities and can control even shrubby weeds such as crofton weed and mistflower eupatorium SPP., If grazing is restricted or preferably withheld until late in the growing season.
The major value of axillaris comes from its ability to provide quality feed at times of the year when other tropical species are either <-/droughted> or frosted.
It can carry over with a minimum of leaf drop and can grow rapidly when weather changes and is not known to have any toxicity problems.
The axillaris also relished the opportunity to climb trees and set large quantities of seed out of reach of the grazing animals. This aerial source of seed has ensured regular stand replenishment in the grazing layer below, so that the legume stand continues to develop with age.
Experts at Igabiro Farmers Training Centre believe that axillaris will remain essentially a special purpose legume to provide not only high-protein feed to animals at critical periods, but also to provide the much needed living mulch in coffee land banana plantations.
They also believe that the legume could enrich the soil fertility in Kagera Region, much of which has of late proved to be totally infertile.
The centre apart from axillaris, is carrying tests on other legumes such as desmodium SSP, Calliandra jack bean and crotolaria which is popularly known as marejea.
When these tests have been completed and fully analysed, farmers and livestock keepers of Kagera Region would enjoy the reward of the "wonder legume".
W2B-GEN3T
Privatisation of public firms: Who will benefit?
LAST year President Mwinyi appointed the Parastatal Sector Reform Commission (PSRC) under the chairmanship of one of the country's leading <-_banker><+_bankers> and <-_economist><+_economists>, Ndugu George Mbowe.
The team has begun drawing up lists of public corporations destined for the auction block. Although for the time being such information is said to be still confidential.
The process of commercialising or privatisation of parastatals follows years of telling arguments in favour of the move. Some claim that the state-sector is overextended, choking off individual initiative and depriving the Tanzanian consumer of a broader array of products and services.
Many <-/parastastals> are reportedly shackled by mismanagement and inefficiency, corruption and nepotism. Year after year banks provide them with generous subsidies and easy credit, yet still they operate in the red.
The National Board of Accountants and <-/Auditorts> (NBAA) and the Tanzania Association of Accountants (TAA) jointly organised a two-day seminar in Zanzibar recently, which deliberated at length on the on-going privatisation process in the country.
The session looked at policy issues and prospects of privatisation in Tanzania, particularly the methodology to be used in disbanding some 400 plus state-owned corporations in which the nation has invested heavily in the last 25 years.
Delivering a key-note address, Ndugu Mbowe said the <-/divesture> of productive and commercial state-owned corporation has started and would take a period of three to five years.
Ndugu Mbowe said during the process all non-performing public enterprises would be liquidated immediately.
He said a major problem in handling the <-/divesture> transactions was in establishing the value of the public corporations. While some assessed the firms by looking at the value of the assets, others weighed them in accordance with the earning capacity, he pointed out.
Ndugu Mbowe said there are often disputes on values; when a seller puts up the costs of buildings, furniture, staff and machinery. On the other hand, the buyer's focus could be on machinery -- he may not be interested in the buildings whatever their value.
The PSRC chairman told about 100-plus seminar participants that corporations involved in delivery of public utilities such as infrastructure and social services are to be retained under the state ownership and control. The same would apply to firms to be considered as of strategic importance.
However, many participants expressed their reservations, saying that the government needed to have a clear and well defined policies on privatisation.
They are claiming that privatisation, if approached in a sweeping and hasty manner, without adequate planning, could lead to complex repercussions.
It was said that the transactions were sensitive and there are fears on the possibility of privatisation to bring about an increase in direct foreign economic domination.
Another observation was the fear that privatisation if not controlled could undermine efforts to overcome class polarisation in the society. And Tanzanians will find themselves in a situation where the economy has been hijacked.
NBAA Chairman, Ndugu Reginald Mengi, underscored that it was risky and unfair to ignore the possibility of negative consequences as the nation adopts strategies for free play of market forces in the economy.
He said privatisation must be a transparent and consistent process. Principles used in selling off of institutions should be known and must be fairly applied.
"We don't want to be told the outcome only, but ,what have transpired before the deal was clinched. For example, corporation "X" has been given to Mr "Y," after a successful bid or negotiations in a certain tender.
"Further to that, we are also entitled to know that apart from Mr. "Y," there were other bidders, and for reasons W, Z and Q, the other bidders have failed to win," Ndugu Mengi explained.
Some participants criticised the Government for being slow in the whole process, saying there were <-/straight forward> cases which needed immediate disbanding, <-/sell offs> or call for joint ventures.
"We don't know what the Government is waiting for," stressed one of the participants.
A prominent Dar es Salaam-based businessman, Dr. Alex Khalid, took the issue further by saying that there is a secret political agenda.
He said despite its obvious advantages and merits there was need for people to be extensively educated on privatisation and its importance to the country's economy.
He pointed out that institutions like merchant banks, capital markets and stock exchange which would emerge after privatisation, must be given due publicity.
Ndugu George Fumbuka, who runs a private training centre for accountants in Dar es Salaam, was concerned with what he described as inadequate financial and business coverage by the local mass media.
He said information was a lifeline of the business world. Investors need to know what is happening, the trend and risks; hence the need for accurate and indepth communication on the situation at institutions like stock exchange, banks and shipping lines.
Ndugu Fumbuka said stories on seminars, anniversaries and workshops will not be sufficient to the business community. He suggested that aggressive financial journalism should be advocated.
In the same vein participants called for the office of the Registrar of Companies in the Ministry of Industries and Trade to be well equipped and computerised.
Saying that today if you want information about company "X," for example on shares, authorised share capital and directors, you may end getting a week-long appointment because data was not always handy. Such a situation was not good for competitive business which requires swift decisions.
Another major concern and, perhaps, the most controversial issue at the seminar was the weak <-/indigineous> business class that is in the country.
Several speakers, including Ndugu Riaz Gulamani of Media Holdings, Ndugu Tairo Urasa of Tanzania Housing Bank (THB), Ndugu Ludovick Utah of NBAA, Fumbuka, Mengi and Dr. Khalid contributed to the subject at length.
Although proponents of privatisation tend to assume the existence of a well developed entrepreneurial class that could rush in to replace the public sector, in practice the situation is mostly not the case.
The owner of a private firm of accountants and auditors, Ndugu Ernest Massawe, said there were few individual large-scale indigenous businessmen, but there was evidently a general shortage of readily available capital and managerial skills.
Ndugu Mengi suggested that when public corporations are being sold, they should first be sold to Tanzanians who would in turn search for foreign partners if need be, for joint ventures.
Addressing himself on the issue, Dr. Khalid said: "What will happen today, if a whistle is blown and a call for auctioning of public property is screamed? Does the <-/indigeneous> <-_Tanzania><+_Tanzanian> population have capital to buy anything substantial?
It was the consensus of the participants that privatisation process, although a vital strategy in the country's economic liberation, must be done thoroughly and the focus should be Tanzanians
For, Section 9 (i) and (j) of the Constitution of the United Republic of Tanzania puts the issue squarely with the following words:
"That material resource of the nation are so harnessed and exploited as to accord priority to the development of the people, and, especially, to the eradication of poverty, ignorance and disease.
"That the economic system is not operated in such a manner as to permit the concentration of wealth, or the means of production exchange in the hands of few individuals
In the words of one participant in the seminar:
"The parastatals were built in the last two decades through sweat and sacrifice. They now constitute a family silver and time has come to share them. Therefore, priority should go to family members -- Tanzanians."
W2B-GEN4T
Guidelines on the law: Can High Court end corporal punishment?
THE USE of corporal punishment has a long history. In recent years the use of this type of punishment has brought a hot discussion all over the world.
Mixed feelings about the use of corporal punishment have existed among various groups.
We in Tanzania are not free from this controversial debate on corporal punishment and the social conflicts resulting from it.
In our day to day life, some parents administer corporal punishment as a means of control children's behaviour.
In Tanzania, corporal punishment still exists in our statute books and it is governed by the Corporal Punishment Ordinance Chapter 17.
Most of European countries with the exception of the United Kingdom, Denmark and Switzerland had abolished this type of punishment.
Each Nation has its own method of dealing with criminals.
However, there is always a room for learning better ways from others and making reforms whenever a need arise.
Before we go deep into the issue let's first <-/conceptulize> what is punishment.
Punishment is a reaction intended to deprive the punished something the punisher assume is valued.
However, punishment is a relative thing in the sense that what is deprivation for one person or group of <-_person><+_persons> may not be for another.
Different people have different views regarding which deprivation is more severe than the other.
The major theories which have been developed over the ages <-_includes><+_include> retribution, deterrence and reformation.
The essence of Retribution Theory is that the punishment should fit the crime.
Many people believe that retribution is revenge.
However, others believe that retribution is not a revenge but it is a theory which holds the suffering of a man as a result of his own act, for a bad act is bound to meet suffering.
It is agreed that the theory of retribution <-/foruses> upon the offence rather than offender because in essence the punishment should fit the crime.
This theory was an improvement from the primitive stage where practically all crime were punished with extreme harshness.
For example, cutting off the hands of thief in order to disable him from stealing.
Retribution hence is opposed to any scientific approach which aims at the individual <-_deliquency><+_delinquent> and <-_intend><+_intends> to deter him from further <-/deliquency>.
<-_Other><+_Others> <-_holds><+_hold> that this theory <-_deter><+_deters> the criminal himself from committing the same offence and also <-_deter><+_deters> the general public so as to be a lesson to other potential criminals within the society.
That is, the criminal intending to commit a crime will have to think twice before he decides to act.
Reformation as a punishment may mean that the offender is reformed while being punished or that he is reformed by the punishment itself qua the punishment.
Some penologists believe that punishment can reform an offender.
It is however noted that reformation of the offender is no way conflicting with that of retribution.
Dr. James Seth, one of the famous <-_writer><+_writers> on this issue, postulates that theories of punishment are inter-dependent and are not mutually exclusive.
Some writers have provided a very useful way to picture penalty types by enumerating four principle methods of punishment.
In 1963, for the first time just after our independence, the first Minimum Sentence Act justified the application of corporal punishment.
Tabling the bill before the Parliament, the then Vice President, Ndugu Rashidi Kawawa stated categorically that:
"To consider corporal punishment is an unpleasant thing for any civilized person to do, but we have to make people recognize that to commit an offence against the nation or any of its <-_citizen><+_citizens> is an evil thing which is a disgrace to the man who does it.
"When this attitude is adopted generally, then we should be in a position to revise our method of dealing with offenders but until then we can have no mercy."
Immediately after passing the bill criticism were voiced from various groups.
Writers like Cole and Denison referred it as a "draconian measure which fails to achieve a significant reduction in the incidence of the type of offences at which it is aimed at.
In a paper presented on criminology at the University of Dar es Salaam, the punishment was vigorously criticized: the paper reacted that:
"The main objectives of corporal punishment is that it is degrading to those who must partake, particularly the <-_applies><+_appliers> and the applied, and to the society generally, there is no justification of treating human beings in a manner which is essentially <-/in human>, in that, it is an infliction of physical harm rather than appeal to reason."
P.T. Georges, the then Chief Justice addressing the issue of punishment generally said in his own words that:
"Certainly my initial reaction to punishments here was that they were on the whole too severe and needed moderation.
"This is still my reaction though by the passage of time has made me <-/some what> less positive about it than I was at first."
Corporal punishment is a manifestation of anger rather than reason and it is rather the primitive form of punishment which <-_serve><+_serves> no useful purpose.
Tanner, one of the writers who studied South African penology and the use of corporal punishment concluded that:
"The figures for corporal punishment administered and persons prosecuted over the same period show very clear that whatever other reasons there may have been, this legislation certainly did not have the intended effect."
An attempt to denounce corporal punishment in our society was made in 1971 when late Ndugu Maswnya, the Minister of Home Affairs, held a press conference and said that:
"Corporal punishment was unsocialistic and that it had failed because crimes was in the increase.
"I call upon the public to express their views on the
abolition of compulsory canning under our Minimum Sentence Act.
"Discuss the issue on seminars, people's organs and the press (emphasis added)."
In 1972, a bill was submitted to the parliament to abolish corporal punishment.
The government admitted openly that corporal punishment had brought hostility towards the Party, government and was contrary to the whole idea of reformation.
In fact, earlier on, the government said that there was a reported increase in crime which showed that the flogging deterrent had failed, although it did not explain why it attributed such a failure to corporal punishment.
In the 1972 Minimum Sentence Act Bill, corporal punishment was abolished and the Act came into force on 1st May,1972.
As noted above, the new Act did away with corporal punishment and instead, minimum and maximum periods of imprisonment were increased for property offences.
Today corporal punishment is governed under the Corporal Punishment Ordinance chapter 17.
Under Section 2 of the Act Corporal Punishment is defined to mean whipping in the case of an adult and <-_canning><+_caning> in the case of a juvenile.
This type of punishment is only restricted to some extent.
To show how the courts interpreted and applied the law, it is better to cite here the case of R.V. Musa Yusufa (1970) HCD 308.
In this case the court held very strongly that: " ...Despite of his <-/youth fulness> and coupled with the fact that he is a first offender, he is liable, to the statutory two years imprisonment and will also receive twenty four strokes as a corporal punishment."
<-/Morover>, corporal punishment was allowed in our Education Act, 1978 to be administered in schools by teachers.
The Act provides, among other things, that the Minister of Education is empowered by the Act to make regulations for the administering corporal punishment in schools.
Holding that whipping was cruel and <-/unsual> punishment, the supreme court of America was of the view that the scope of amendment of any law is not static but "must draw its meaning from the evolving standards of decency that mark progress of maturity society."
The main causes of crime is to be found in the socio-economic set up of the country.
However, the forms of treatment and intention for which they are administered vary a great deal.
Most researches conducted in Tanzania clearly shows that most crimes which are said to have been committed are those related to property showing that our society is undergoing stratification and thereby gradual creating rich and poor people.
Poverty alone does not force a person to commit crime, but it does produce the condition most conducive for <-/cime> commission.
Today, many countries put more emphasis on understanding the offender and the root cause of the offence rather than only punishing the offender.
This new approach <-_help><+_helps> a great deal in re-educating the offender for reformation.
Therefore, while we accept that punishment can hold social reforms, we must also bear in mind the dangers of applying it.
Under, Article 13 (b)(e) of the Constitution of the United Republic of Tanzania it is clearly provided that:
"No person shall be subjected to <-/tourture> or to <-/in human> or degrading treatment."
The authority which is highly persuasive for the protection from <-/in human> or degrading punishments is that which was delivered in the Supreme Court of Zimbabwe in (1978) 2 EH RR/I.
In this case the issue before the Supreme Court was whether Section 54(5)(C) and 54(8) of the Magistrate Court Act became unconstitutional and of no force.
Also whether those sections violated the protection from <-/in human> or degrading punishment as provided for in Article 15(1) of the Constitution of Zimbabwe.
A full bench of the Supreme Court of Zimbabwe declared the imposition of the strokes to be constitutional and therefore void and of no effect.
They said the sentence of whipping is likely to generate hatred against the prison regime in particular and the system of justice in general.
In the famous case of Chumchua Marwa v. Officer I/C of Musoma Prison & A.G. which attempted to declare the Deportation Ordinance to be unconstitutional and therefore void and no effect Judge Mwalusanya states that: "The doctrine of rule of law becomes betrayal of the individual if the laws themselves are not fair but are oppressive and degrading.
Therefore it remains to be seen if the High Court of Tanzania which had been empowered under Article 30(3) of the constitution of United Republic to declare any law to be unconstitutional and therefore void and of no effect, could declare Corporal Punishment Ordinance chapter 17 as infringing the basic rights protected by our constitution.
W2B-GEN5T
CONSENT IN RAPE AS LAW PROVIDES
RAPE is, among, the offences which are against morality.
It is covered under Section 130 of the Penal Code. The Section provides that:
Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threats or intimidation of any kind, or by fear of <-/bodly> harm, or by means of false representations as to the nature of the act, or, in the case of a married woman, by <-/personating> her husband, is guilty of the felony termed "rape".
It is apparent from this quoted Section that the offence <-_at> is committed when a man does sexual intercourse with a woman, without her consent.
The referred to consent here is free and conscious permission of the woman to the act of sexual intercourse.
That is she should be free to permit the act to be done upon her body.
She should not be forced to the act.
Thus, the most vital elements to be proved by the prosecution side on the charge of rape is lack of consent on the part of the woman and penetration of male's genital organ into that of a woman.
Failure by the prosecution to prove either of these, the offence of rape can not be said to have been committed.
For purposes of this discussion, the element of consent is analysed into details.
However, those wishing to familiarise themselves with "rape" in general may refer to my article Rape which appeared in the Sunday News of 28/5/1989.
Consent to the act of sexual intercourse can be obtained from the woman directly or indirectly.
By directly we mean that the woman may speak openly that she is ready for the act.
Whereas by indirectly we mean that she may remain silent, yet offers herself to the man.
That is why there is a common saying that "silence means consent".
With this, the material circumstances surrounding, the case will be the guiding points.
For example, delay, in reporting rape can, in a fit case, make the court <-/presure> that the woman consented to the act.
To illustrate this, let us see what happened in the case of Nazir and Zulfiker v.R (1970) HCD 2177.
In this case appellants were convicted of rape. The appellants struck a friendship with the complainant.
One day they drove her to Karanga Bridge in Moshi and raped her in turn.
The Medical Officer found no marks of violence on any part of Miss Lykstedt's body.
The appellant, Zulfiker denied having had sexual intercourse with her while appellant Nazir agreed that he had intercourse with Miss Lykstedt with her consent.
While allowing the appeal and quashing convictions, Platt J., stated that:
"The issue between consent and force was narrow....
"The background of the case did not allow any clear view that Miss Berit would certainly not have agreed to sexual intercourse with the appellants.
"She was a woman of 27 years of age, and on her own admission used to having sexual intercourse, at least in Sweden.
"Although she had another "boy friend" at the time, she agreed to meet Liaquat.
"She had put herself in the hands of young men both Liaquat and Nazir being 21 years of age, and Zulfiker still younger.
However that maybe, all three men were much younger than Miss Berit.
"From these facts, it could well be suggested that she was as likely to <-_the><+_have> consented to sexual intercourse as that she had not, and the learned magistrate's points that she came from "a permissive society" does not seem wide of the mark".
His lordship did not end there. He continued to observe:
"The evidence then appears to me to have been <-/equivocall> as to the likelihood of her consent.
She did not make any complaint when help was first at hand at the Mission.
"In my view the evidence relied upon by ... the learned magistrate concerning her report and later antagonism towards the appellants did not necessarily show that her allegations were true".
Likewise, consent may be presumed from a complainant who was too drunk to resist.
Substantially this was the holding in the case of Mchelengwanjingi Masala v R (1968) HCD 370.
Four accused were in this case convicted of rape contrary to Section 130 of the Penal Code.
There was evidence that the accused and the complainant had been drinking together and that all of them were drunk.
At about midnight, one of the accused carried complainant away.
Complainant testified that the first and second accused then had intercourse with her by force.
She stated that the third and fourth accused later had intercourse with her but that she was too tired and drunk by that time to resist.
Another prosecution witness saw the third accused having intercourse with complainant, and a torn piece of her clothing was later found near the scene.
The first and third accused admitted having had intercourse with complainant but stated that she had consented.
The second and fourth accused denied having had intercourse with her.
It was held, among other things, that there may be authority supporting conviction for rape when the complainant is too drunk, to resist.
However, the court continued, in the present case, there is no corroboration of complainant's testimony that the intercourse with the first and third accused was without her consent.
Neither the torn clothing nor the fact that she was drunk would necessarily negative the fact of her consent.
Seaton J. continued to hold further that the trial magistrate also failed to consider the possibility that because of their drunkenness the accused had no intention to commit rape and mistakenly believed that complainant had consented.
To that effect the court quashed the conviction.
The <-/aforegoing> two cases show that the charges of rape failed to stand since the circumstances under which sexual intercourses were committed indicated that the women consented.
Thus the element of lack of consent in the charges was insufficiently proved.
However, as the quoted Section of the Penal Code shows, 'there are instances under which consent cannot be said to have been obtained from female parties.
To outline them, we start with consent initiated by fear for daughter's health.
This cannot be said to be freely and consciously obtained.
For there is a necessity for the victim to consent. This occurred in the case of Mtuniduchile and others versus R (1970) HCD 204.
In this case three appellants were convicted of burglary, stealing and rape.
According to the evidence given by a woman and a daughter, the appellants broke into their house, stole some articles and demanded to have sexual intercourse with the daughter who was in advanced state of pregnancy.
The mother, fearing for the life of the daughter offered herself instead whereupon each of the appellants had sexual intercourse with her in turn.
Dismissing the appeal, the late Biron J. stated that:
"The two women were alone in the house, which is apparently isolated.
"They were threatened with death by the three men armed with knives if they tried to raise the alarm.
"Although the mother consented, in fact volunteered herself as a substitute for her daughter such consent is, to my mind, initiated by her fears for her daughter's health, and it is not irrelevant to note that the Section above set out expressly states that if the consent is obtained 'by fear of bodily harm, the act would still constitute rape.
"The mother, apart from her maternal affection, was under a duty to protect her daughter, therefore I fully agree, with respect, with the learned magistrate, that the acts of the three <-/acucsed> constituted rape on the part of each.
"The conviction for rape is therefore duly upheld".
The position of the law is also to the effect that consent obtained by false representation is no consent at all.
And hence the charge of rape will stand.
In substance, this was the holding in the English case of R. versus Williams (1923) 1 K.B.- 340.
Briefly stated, the facts of this case are as <-/hereunder>:
The appellant who was engaged to give lessons in singing and voice production to a girl of sixteen years of age, had sexual intercourse with her under the pretence that her breathing was not quite right and that he had to perform an operation to enable her to produce her voice properly.
The girl submitted to what was done under the belief, wilfully and fraudulently induced by the <-/apellant>, that she was being medically and surgically treated by the appellant and not with the intention that he should have sexual intercourse with her.
He was convicted of rape. The court stated that a consent or submission obtained by fraud, it would not <-_a> be a defence.
Furthermore, it is equally rape despite the fact that consent is obtained but by false representation in respect of <-/personating> a husband of the complainant.
This is so observed in the case of R versus Dee (1884) 15 Cox CC 579.
In this case after knowing that the husband of the complainant had gone out for fishing, the accused entered in the room of the complainant at or about 9.00 p.m.
Thinking that the person who entered was her husband, the complainant uttered: "have you come back just now".
The accused did not reply. Instead he put off the trousers, jumped into the bed and had sexual <-/intercouse> with the complainant.
While the act was going on, the complainant learned that the person was not her husband. The accused was charged with rape.
Lawson J., held that to rape is to have carnal knowledge of a woman without her consent.
Therefore a wife who consents to have sexual intercourse with another has not consented if such person had <-/personated> himself a husband of the said wife.
The accused was convicted of rape.
To conclude therefore, consent is a very important element in rape cases.
For its absence means that the victim was forced to have carnally known.
Whereas its presence is a benefit to the accused person.
For that matter, lack of consent should be proved by the prosecution.
W2B-GEN6T
It was a year of political changes
IT WAS a year of political transition. For with effect from July 1, the constitution was changed and the United Republic of Tanzania was declared a multi-party democratic state, ending 27 years of one-party democracy.
The changes allowed more political parties and clauses that gave CCM supreme powers and authority in public affairs were abolished.
The transition is still going on and more constitutional changes are expected, while the scenario in the country is slowly changing as the opposition, now legalised, continue to get organised and gather strength.
So far about 20 groups have shown interest of becoming political parties, three of them are already claiming to have sizeable followers and are seeking full registration as political parties.
There are the Civic United Front (CUF) led by Ndugu James Mapalala, the National Convention for Construction and Reform (NCCR-Mageuzi) led by advocate Mabere Marando and the (CHADEMA) led by Ndugu Edwin Mtei.
The wheel started moving last February, after the CCM Extra-ordinary National Conference met in Dar es Salaam and endorsed the adoption of multi-party politics in the country.
This followed recommendation by the team under chairmanship of the Chief Justice, Francis Nyalali, which was appointed and assigned by President Ali Hassan Mwinyi to collect views from Tanzanians on the feasibility of political pluralism in Tanzania.
The Nyalali Commission after conclusion of the exercise in February, found out that 80 per cent of those interviewed favoured continued one-party rule while 20 per cent wanted multi-party political system.
After the CCM extra-ordinary National Conference approved political pluralism, the government last April, sent a Bill for constitutional changes to the National Assembly. The Bill sailed through as expected.
The transition to political pluralism has so far been peaceful and under control. But, <-/per harps>, Reverend Christopher Mtikila, the leader of the Full Salvation Church, as well as the Democratic Party (DP) can be said to be the only "casualty" in the process.
The controversial leader got in trouble with the law and a Resident Magistrate's Court in Dodoma threw him in jail last August. He was, however, set free by the High Court on appeal.
The magistrate's court convicted him for disobeying a police officer's order for not holding a meeting, use of abusive language that was likely to cause breach of peace and unlawful assembly.
A few weeks later, the High Court, quashed the conviction and set aside the jail sentence, on grounds that Mtikila's trial was not exhaustive. The High Court ruled that the lower court failed to conduct the trial and caused miscarriage of justice.
Following the adoption of multi-party politics, CCM itself has undergone extensive restructuring to cope up with the envisaged political reality of the new era and its competitive environment.
The party was a big employer with about 17,000 people on its payroll. Following the restructuring exercise its staff has been trimmed to about 4,000. Under the CCM constitutional changes, many positions of leadership would be manned by people on voluntary basis, drawing no salary.
These includes positions like Regional Party Chairmen, District Party Chairmen, Publicity Secretaries and Treasurers.
Although CCM boasts of a huge following of about 4 million members the party "voluntarily" lost thousands of its members, who were in the armed forces. Party branches at work-places were also closed down with telling organisational effect.
The Kivukoni CCM Ideological College was turned into an Academy of Social Sciences and its Zonal colleges were closed down. The move was in line with cost cutting measures adopted by the party.
CCM was spending some 200m/ - annually to run the Kivukoni Ideological College and its zonal colleges in Lushoto in Tanga region, Msanginya (Rukwa), Mahiwa (Mtwara), Ilonga (Morogoro), Kihinga (Kigoma) Mrutunguru (Mwanza) and Hombolo (Dodoma).
Tanzanians are now witnessing what can be described as "open air opposition," as the newly formed opposition groups campaign for members, criticise CCM policies (sometimes without offering alternatives), and deeds of the government of the day.
CHADEMA, a party led by former finance minister, Ndugu Edwin Mtei, is criticising CCM and its government for what it claims to be "misappropriation of funds." Ndugu Mtei says that he is opposed to the policy of sending secondary school leavers to National Service, suggesting that vocational centres should be established instead.
CHADEMA is also <-/claiminmg> to be against some conditions of the International Monetary Fund (IMF), particularly the lifting of subsidies on agricultural production activities.
Mtei says that several Western countries, including France, Switzerland, the Federal Republic of Germany and United States subsidise their farmers. Therefore, he argues, there is no harm for Tanzania to subsidise farmers. NCCR-Mageuzi has frequently criticised the government over some laws, claiming that some of the legislations were outdated and oppressive. These, include the Preventive Detention Act, National Security Act, Deportation Ordinance and those restraining accused persons the right to bail.
NCCR-Mageuzi interim chairman, Ndugu Mabere Marando, had on some occasions called for scrapping off of the anti-corruption commission and the State Security department. Ndugu Marando claims that the security department was irrelevant under political liberalism.
CUF leader, Ndugu James Mapalala, claims that the policies of his party were "secret and strategic weapons for winning elections." Ndugu Mapalala says that the CUF policies would be announced when the general elections are called. However, CUF which claims to have a sizeable followers, had at times aired criticism against the state of the Union. CUF says that there was need for its renegotiation.
Oscar Kambona, who was government minister since independence up to 1967, when he went to Britain on self-exile returned home in September this year. Ndugu Kambona, who is in his mid-60s, <-_us><+_is> now the centre of controversy in the country's political circles.
Ndugu Kambona's citizenship is being questioned and the government is yet to come out with the official announcement on the issue.
The former government minister recently issued <-/defamotory> statements against retired President Mwalimu Nyerere, then Party Vice-Chairman, Rashidi Kawawa and Tanzania's Permanent Representative to Geneva, Ambassador Amir Jamal.
Mwalimu Nyerere, Ndugu Kawawa and Ambassador Jamal have resolved to take Ndugu Kambona to court.
Apart from those few incidents of what can be described "as the rough side of politics" things are calm and the prospects still look bright for peace in Tanzania.
The just-ended CCM National Congress saw Ndugu Kawawa retiring from active politics after a career that spanned over 40 years.
President Mwinyi, Prime Minister John Malecela and Zanzibar President, Dr. Salmin Amour, were elected overwhelmingly to top position of CCM leadership. Ndugu Mwinyi was re-elected Chairman, while Ndugu Malecela and Amour, were elected Vice-Chairman for Mainland and Zanzibar respectively.
Ndugu Horace Kolimba was re-elected Secretary General, while Ndugu Moses Nnauye and Ali Ameir, retained their positions as Deputy Secretary Generals.
So far, it can be concluded that the beginning of the transition process towards multi-party is peaceful and hopes for the future are bright.
However, this will depend on how the parties will decide to behave. But for peace and security to prevail, politicians - both in the ruling party and the opposition should continue to act responsibly, putting national interest first.
Ghanaians discuss their future
WHILE Ghanaians actively discuss on the future politico-economic system of the country, one thing is very clear: they are not prepared to tolerate past political experiences.
The constitutional rule that will evolve from the countrywide discussions, being held from grassroot to national level, is one that would hopefully be indigenous to Ghana. As it is, public response to the National Commission for Democracy (NCD) - assigned to gather public views on the new constitution, is in favour of a constitutional government.
"We hope we have learnt from our past experiences and, therefore, we will agree on a constitution that is suitable and applicable to our politico-economic environment," said an NCD member, Ms. Doris Ocansey in Accra recently.
A significant component in the formulation of the 1992 constitution is public involvement in the process of constitutional reforms which began in 1984, when the Commission was incepted.
In his recent public addresses, the Provisional National Defence Council (PNDC) Chairman Flt-Lt. Jerry Rawlings urged Ghanaians to participate fully in the process through discussion groups and mass media. He said in a live television broadcast: "I can understand your anxiety on whether the country will go back to its past ... but then you will have to demonstrate that you have learnt from the past."
While <-/concious> not to appear campaigning for the <-/presendency> (elections set tentatively for end of next year), the PNDC Chairman assured that his government would quell devious <-/politicking> manoeuvres aimed at stifling the democratic process.
In this respect, the NCD recommended - in its report that the Constitution should grant power to the people through decentralisation of political and other responsibilities to the district and each citizen should be declared a major player in the new democracy.
In order to strengthen grassroot participation in the planning and implementation of <-/developement> programmes, the new constitution, now scrutinised by a 258-member <-/Constultative> Assembly, proposes that District Assemblies (DAs) be focal points for development.
DAs would draw representatives from various communities, groups and associations. According to the proposal, DAs would elect representatives to the National Assembly (NA), hence enhance co-ordination in the implementation of development plans.
Ms. Ocansey views such coordination as necessary in increased understanding of community activities, as well as encouraging competition between various districts. She said ministries would be acting as coordinating bodies that would oversee big national projects and programmes.
Regarding top national leadership, Ghanaians are overwhelmingly in favour of an executive president who would hold office for not more than five years. Limiting the tenure is intended to discourage arbitrary rule or authoritarianism.
Any individual, who is at least 40 years old, may stand for the presidency as an independent person or one who belongs to a political party.
The executive president would appoint the prime minister and dismiss him/her whenever necessary. The PM would head the government machinery and also receive approbation from the National Assembly.
Although the ban on political parties in Ghana has not been lifted, an overwhelming majority who wrote to NCD and spoke to the commission's 21 members are not against political parties.
In fact, the NCD report says that the public was in favour of parties as "an ideal instrument that may give the fullest expression to the freedom of association." But multi-partyism should not mean sharpening class differences between the haves and the have-nots, according to the report. Critical of multi-partyism as advocated by the Western governments, Ms. Ocansey stressed that political systems adopted by African countries should be those that took into account the prevailing conditions.
"For us in Africa (the main issues) it is survival and development. How can you have a democracy based on the rule of money? This means the poor are left to be powerless because they cannot afford to campaign and win political seats," Ms Ocansey a lawyer propounded.
In the economic sphere, the constitution recommends among other things, a reduction of the state's role in economic life through shifting more responsibility to the private sector. Like other African countries, Ghana has been undertaking economic reforms since 1983, when a Structural Adjustment Programme (SAP) that accompanied trade liberalisation, was introduced.
Press reports have it that the effects of SAP policies, seem to have a mixed blessing on the economy. For instance, infant industries and local manufacturers face stiff competition from invading foreign companies.
Local manufacturers produce poor quality goods and lack strong marketing skills. Also, the demand for these products is low which means manufacturers have an arduous task of persuading <-/Ghanians> to buy their goods.
However, given the systematic manner in which the political economic transformation is taking, there is no doubt that Ghanaians will chart out a constitution that would effectively and adequately take care of their goals and aspirations.
W2B-GEN7T
Trade Unions: The issue in question
Besides assuming that we know what Trade Unions do, it is important to focus on the issues in question. It is unfortunate that in some circles, people think of strikes whenever a Trade Union is mentioned not forgetting that strikes are called to force management to accept Union demands.
Such unionism of striking reduces the power of the employer to employ more workers and at the same time prices of products for the consumer are raised to pay for the higher wages demanded.
Unions are expected to be democratic because they require the approval of a majority of members who elect the leaders and determine policy through conventions, referenda and meetings. The union is said to represent its "golden mean" or "median" member since the "median" member will under some cases dominate.
Within the political domain, unions are viewed as representing the general working population, strengthening or weakening the political muscle in promoting legislation that would be of no more or less material gain to members as the situation may arise. It is argued that unions fight for self-interest legislation.
In other words, unionisation alters measurable aspects of the operation of workplaces and enterprises from turnover to productivity to profitability to the composition of pay schemes. The behaviour of unionisation brings the harmony to improve rather than to harm the social and economic fabric.
The view of trade unions as a major deterrent to productivity is erroneous. The union challenges and questions the managerial performance and therefore a weak leadership is thrown in the "waste basket cup". A trade union is a genuine constant check up of not admitting lower productivity for that might mean getting less for their already hungry stomachs.
Some findings, however, do show that an umbrella organisation is a very effective organ in collective bargaining. However, if it behaves as a sole union allowing, for example, individual workers to join it directly instead of unions getting affiliated to it then this may cause undesirable effects.
The explanations is that such a sole organisation may galvanise worker discontent in order to make a strong case in negotiations with management. To be effective, voice must be heard, that is the philosophy of union movement. The sole union will do more talking than delivering the goods.
Parodoxically, the hard con-trade unionists are always dissatisfied with their work conditions and their relations with the superiors. In fact, they are agitators, they raise issues where there are nonissues and they enjoy doing this irritating behaviour. Why they do so needs applied action research.
Potential employers who deal with no trade unions whatsoever are aware of what unions do and are often greatly conditioned to reduce the attractiveness of unionism to their workers or employees. In fact, trade unionism touches many more workers than a simple unionisation rate would imply. What it means here is that individuals acting alone are not protected by law.
While employer association have rarely received the press given to unions, they are an important factor in determining what unions do. Such associations can block unions for favourable agreements for workers. Also associations can just oppose unionism.
Just as workers organise into unions to enhance their power in both economic and political forums, employers organise into associations for the same purposes. Let us watch out for this not to happen otherwise a new labour movement starts.
Trade unions are doing much good for many people who do not pay them any dues. The debate over the economic effects of unions rages not only over what unions do but also for nonunions. Some experts concede that the threat of unionisation may have about as much impact as unionisation itself.
If the presence of unionism improves the economic well-being of everybody in the country then the union members must understate the true gains from unionism to unionists. If unions represent Workers' preference poorly, the nonunionists can safely ignore what unions do.
It appears, everyone seems to gain or in a crude language it is an issue of "give and take". With trade unions being formed we expect one day to hear the following.
"Our people are treated well. We have what we want. That is our goal."
However, whether we like it or not, unionism, unionisation, unionists and-unionists will affect the entire operation of the labour market. Unionism was a sleeping giant waiting to be jolted into action. It must be recalled that trade unions will develop organically with a new spirit to match with perestroika or magenzi.
Strive for quality education
Education, urges Correspondent , is a necessary condition for solving the immense problems of underdevelopment. He says the effectiveness of an educational system depends on active cooperation between the home, school and the society. He stresses the need for improved quality of education as well as the status of teachers.
SCHOOL is an integral part of society and the effectiveness of an education system depends on active cooperation and interaction between home, school and society. School cannot ignore the needs of society but it must also take into account the aspirations of pupils themselves.
Teachers emphasize that many of the inadequacies and failure in the school system are the result of insufficient resource in human physical and fiscal.
The education effort by our government still encounters great deficiencies like inequalities between girls and boys.
Despite some recent progress, girls are still in a position of inequality with regard to access to higher education where we can get more women teachers for specialized courses and fields.
Both school and society must be transformed in order to meet the challengers of a new technology. Society defines different sets of practices for intellectual and manual skills and this affects judgement about success and failure.
Schools and society must break down all the divisions between manual and intellectual work and accord equal status to both intellectual and manual work.
The fundamental aspects of the problem are concerned with the ability of pupils to cope with all aspects of life in a rapidly changing society.
It is difficult to assess this ability in young people who are still in a learning situation. Education is a continuing process and cannot be assessed simply by tests which measure only knowledge acquisition - it must also be concerned with the development of the personality of the pupil.
Examination leakage does not complete an individual. In addition, the learning environment comprises the school, home and community and the media playing an important role.
School should be considered as an important learning environment. Any concept of a school as a "teaching factory" should be rejected as well as any concept that ignores the importance of the home environment. The role of the latter is crucial and can be either supportive or destructive for the learning initiatives taken in the school. Any other conception may lead to the tuition for which parents may feel sending children to tuition is better than sending them to the normal classrooms. Such pupils who are tuition centred will not be dependent in the society as there is no tuition to fit one in a society.
SUPPORTIVE EFFORTS
Indeed it is befitting to declare that failure at school is not irreparable. The school is not solely responsible for the increasing difficulties found in society that demands responsible citizens. The society, school and the teacher should be closely linked so as to mould responsible citizens.
Support for the teaching career and various aids should be made available at all levels. Education is not an abrupt and definitive process. It should be developed progressively and harmoniously.
The education system should endeavour to correct errors/mistakes and to ensure all pupils have an equal chance of success. As a matter of recalling the experiences of tuition, it should be done for remedial purposes and not for any other move.
Adequate measures have to be taken based on a variety of teaching approaches in order to give appropriate support to each child (pedagogical, emotional, social and medical).
This should not be confused with remedial classes of tuition aimed only at filling gaps in knowledge. The practice here is that the good ones with no gaps in knowledge are the ones being favoured for tuition. The purpose of tuition baffles the ordinary citizen.
It, therefore, makes sense to have more effective use of existing support personnel and the creation or strengthening of educational support teams which should include teachers, psychologist, school medical staff, social workers, vocational guidance officers, counsellors etc.
These support teams should work in cooperation with parents. The present situation where parents look for their own teachers for private tuition may one day bring disastrous results especially, where the teachers and pupils are not coming from the same schools or places.
All the supportive requirements require premises and materials which will provide pupils and staff with a working environment conducive for learning.
Winding on this area, relevant in-service training which embraces a wide variety of activities and pupil/teacher relationships is vital if the teacher is to respond to the changing needs of multiparty conditionalities.
RESOURCE
It has been established that failures in the school system are the result of insufficient resources.
The teachers' workload has increased as society has placed more demands on the school system. This has led to a deterioration in working conditions. This is unacceptable. Any improvement will require the provision of increased resources.
CONCLUSION
In order to have effective educational system responsible to changing needs of Tanzania, that is rapid technological progress and the demand for new skills and knowledge; and in order that the child can develop its capabilities fully within the wide range of objectives set in education in this country, the government should strive to provide an effective system and accordingly provide appropriate resources.
If the government cannot afford, then measures must be improvised as the economy has a lot of philanthropists at this material time. We should take advantage of the moment when education is viewed as crucial for development.
This is more so for some parents can afford to pay tuition as a way of occupying their children without realizing that tuition is for the kids with gaps in knowledge.
Teachers should actually recommend those who need tuition. After a full term in school the kids also need to rest their minds before the next term begins.
Finally investment in education is one of the best investment possible in the developing country. We must use the <-/philosopy> of a shilling for a shilling, for education is a necessary and sufficient condition for solving our immense problems of underdevelopment.
We must, therefore, strive to improve the quality of education as well as improving the status of teachers.
W2B-GEN8T
Ups and downs of teaching mathematics in Tanzania
SINCE independence, mathematics teaching in Tanzania has undergone a number of changes. In the early sixties, experimental programmes based on the So-called "modern" or "new" mathematics were done in Tanzania following a wave of changes of mathematics curricula in many parts of the world. This led to the former programme to be termed "Traditional Mathematics" to distinguish it from the new ones.
The first change of mathematics curriculum was experienced in Primary schools. At independence, primary education terminated at standard four. The four years of primary education <-_was><+_were> followed by four years of middle schools after which a pupil could be selected for secondary school education. Soon after independence the middle schools were changed to upper primary schools. Thus primary education was offered from standard one to eight following this change.
In 1964, following the first 5-year economic plan, it was resolved that primary education should end at standard seven instead of standard eight. This change affected the mathematics curriculum in primary school. Books had to be rewritten to cope with the change in the education system. To date the education system has remained as 7-4-2-3-(i.e. 7 years of primary, 4 years of junior secondary, 2 years of senior secondary and 3 years of university education).
The traditional mathematics taught in Tanzania secondary school was based on the University of Cambridge examination syndicate alternatives A and B syllabuses. Modern mathematics was taught in Tanzania through two experimental programmes: the Entebbe, Mathematics and the School Mathematics Project (S.M.P.). The Entebbe Mathematics Programme originated in Entebbe, Uganda where the first mathematics writing workshop on the new mathematics was conducted. The S.M.P. originated from the United Kingdom in Southampton. When it was introduced in East Africa it acquired the new name of School Mathematics of East Africa (S. M. E. A.)
Modern mathematics in Tanzania was first introduced in Primary schools as early as 1962. The kiswahili version of the original Entebbe Primary Mathematics books called were used to try the programme. These books were subsequently revised to form the modern Mathematics primary school text books called . The Entebbe workshop also produced materials for teachers training called Basic Concepts in Mathematics.
The experimental programmes started in secondary schools in 1966 beginning with form one. In January 1966, about 60 mathematicians (mainly secondary school teachers and teachers' training tutors) gathered, at the University College, Dar es Salaam to acquire orientation of the modern mathematics. This gathering formed the first Mathematics Institute and it was during this time that the Mathematical association of Tanzania (MAT) was inaugurated. At the end of the meeting 11 schools were elected to start the Entebbe Mathematics immediately and 6 schools were elected to start the S.M.E.A. course. Four teachers training colleges started using modern mathematics materials in their teacher training programmes. Some of these colleges inclined towards S.M.E.A. and others towards Entebbe.
In 1966 the mathematics panel of the Institute of Education directed its activities to the teaching of mathematics in the primary schools, Grade A teachers colleges and secondary schools. The panel <-/recommendad> the following:
Experiment with the new materials for primary and secondary schools to continue.
A curriculum outline that would help Grade A teachers' colleges in fulfilling their role of supplying teachers who would be able to teach the new mathematics to be drawn. - The feasibility of having an intensive one-month course for Grade A teachers' college students in the new mathematics immediately after their graduation to be considered.
The feasibility of a full year diploma course in new mathematics for in-service teachers of secondary school to be considered.
The strong features of both programmes, together with their complementary nature, made it difficult to select one as being the most suitable programme for Tanzania. The more intuitive nature of the SMEA contrasted with the stronger emphasis on the step-by-step deductive process in the Entebbe. There was <-/closs>-fertilization between the two programmes but this was limited to the central mathematics institutes in Dar es Salaam together with lectures and meetings in various parts of Tanzania. Such meetings were mainly organised within the framework of the Mathematical associations of Tanzania.
When the experiment was accomplished and evaluated the two programmes (Entebbe and SMEA) were fused into one and termed 'modern mathematics". Syllabi were, therefore, written for ordinary level Modern mathematics, Advanced Level Modern mathematics, Additional mathematics (modern) and Subsidiary mathematics (Modern). These courses were examined by the East African Examinations Council and were later taken up by the National Examinations council of Tanzania (NECTA) upon its inception in 1971. The first O'level modern mathematics was conducted in November 1969 and the first A'level modern mathematics in 1971.
The Entebbe mathematics books were revised and produced as secondary mathematics books to be used for the modern maths programme. The Advanced mathematics Entebbe books were adapted and produced as Advanced Mathematics books in 1974. Similarly the Additional mathematics Entebbe books were adapted and produced as Additional Maths books.
The modern mathematics and traditional mathematics syllabus for ordinary level called Basic Mathematics Forms One to Four. The advanced modern and traditional maths syllabus gave rise to a syllabus called Advanced mathematics Forms Five and Six. The modern traditional subsidiary maths gave rise to Basic Applied Mathematics Forms Five and Six. The modern and traditional Additional Maths became additional mathematics form three and four.
The new Syllabi became effective since 1974. The two programmes (modern and traditional) were phased out gradually and by 1977 all the pupils in form one to four in Mainland Tanzania were doing Basic Mathematics.
An evaluation of the teaching of mathematics in the primary schools was conducted in 1979. Results of the evaluation recommended changes in both the syllabus and textbooks. Among the notable changes was the exclusion of the 'set' language which was regarded by parents and the general public as responsible for the deterioration of mathematics performance in primary schools. The books were revised and given the new series title '.
The teaching of Basic Mathematics forms one to four was evaluated in 1981. The results showed a great need of revising the syllabus and splitting it according to forms. The evaluation also recommended that the books be written afresh. To date the syllabus has been revised and books for forms one and two (Basic Mathematics Book 1 and 2) have been produced. The manuscripts for hook, 3 and 4 are currently being finalised.
The Advanced Mathematics and Basic Applied mathematics courses were evaluated in 1984. The evaluation revealed that the syllabus was too heavily loaded and could not be covered effectively in two years. The evaluation recommended a revision of the syllabus by reducing content and specifying depth of coverage. It also called for instructional materials to be written coupled with in-service courses to improve teaching and learning. Preliminary work of revising the Advanced Mathematics syllabus has now been completed.
Mathematics teachers for secondary schools have mainly been trained at the University of Dar es Salaam and teachers' training colleges which offer diploma courses in education. At the university, undergraduate teachers take mathematics and education. Within the education course, they do mathematics teaching methods which is meant to train them on how to teach mathematics effectively. Teachers' training tutors for mathematics are also groomed at the University of Dar es Salaam.
Mathematics teaching in Tanzania has been facing the following problems:
There is acute shortage of teachers and teaching materials at all levels.
The syllabi are very long and a number of concepts are rather difficult for the levels specified.
Many teachers are inadequately trained to teach mathematics. This is a result of <-/alloting> very little time in methods of teaching and teaching practice during teachers training.
The Ministry of Education and Culture has been concerned with the deterioration of mathematics performance in schools. In trying to solve the problem of shortage of mathematics teachers, the Ministry has converted Mkwawa Secondary School into a mathematics and science teachers college. At Mkwawa Teachers College, <-/feachers> aspiring for <-/mattematics> and science teachers study their <-/A-lenel> subjects in the first two years coupled with some courses on education. In the third year they study education which includes <-/mathods> of teaching and teaching practice. The successful candidates become holders of diploma in Education <-/anward>. The other diploma students who are not in special colleges have to stay in college for two years after completing <-/thier> A-level studies. This incentive is meant to attract good mathematics students right at form five to train as teachers.
The ministry has also been providing financial assistance to institutions to conduct in-service seminars in mathematics. For example, recently the ministry in collaboration with the Institute of Curriculum Development conducted a nation-wide seminar on O-level Basic Mathematics.
The purpose of the seminar was to orientate mathematics teachers on the Basic Mathematics revised syllabus. The ministry has also offered funds to the Faculty of Education, University of Dar es Salaam to conduct in-service courses for A-level mathematics and science teachers. Other organisations that have conducted seminars for mathematics teachers are the Professional Teachers Association of Tanzania or (CHAKIWATA), The Mathematical Association of Tanzania (MAT) and the International Village of Science and Technology (I. V. S. T)
The Mathematical Association of Tanzania, in particular, has, been supplementing efforts being taken by educational institutions in raising teachers competence. It has been conducting annual seminars for its members as well as interested teachers. The lectures offered have mainly been on topics which teachers find difficult to teach. Moreover, seminars of similar nature have, been conducted in active MAT zones and they have proved to be very effective.
In 1990, the Harold Macmillan Trust (HMT) of London sponsored a research on Problems of Teaching and learning Mathematics in Tanzania. This research gave rise to the project entitled 'MAT 3-year Integrated Training and Publications Programme', which is in its initial stages. The objectives of the project are to publish and supply supplementary and teaching aids for primary and secondary teachers classrooms and expand their programme of in-service training, The project also intends to assist in the production of the Tanzanian Mathematics Bulletin which publishes Mathematical articles and MAT seminar proceedings. The project will be funded jointly by MAT, HMT and the European Commission (E.C.).
It must be emphasised that education and particularly mathematical education, is fundamental to our future economy. Without mathematics there can be no modern technology, no manufacture, no commerce, no modern economy. In our daily lives, practically everything we use, everything we depend upon need some people working mathematically in its orientation, design and development. Let us consolidate our efforts to raise the standard of mathematical education. Let us motivate both the pupil and the teacher. Let us give them a good teaching environment.
Archimedes once said 'Give me a place to stand, and I will move the earth". Let us give them what they require and they will do wonders.