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Zanzibar Government Of National Unity - An Obvious Constitutional Challenge For Its Sustainability

Author: LawSphereX

Category: Constitutional & Human Rights

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ZANZIBAR GOVERNMENT OF NATIONAL UNITY: AN

OBVIOUS CONSTITUTIONAL

CHALLENGE

FOR ITS SUSTAINABILITY

Ramadhan J.Suleiman, PhD Student, Zanzibar University

ABSTRACT

The establishment of new form of government has not been an easy task in many parts of the world including Zanzibar. It was the first time in the history of Zanzibar in 2010 that the Constitution of Zanzibar, 1984 introduced the new form and structure of government of the Revolutionary Government of Zanzibar known as the Zanzibar Government of National Unity(ZGNU) since its independence for the purpose of enhancing unity and democracy. This study used a doctrinal research method to make a critical analysis to air out the constitutional challenges facing the ZGNU. Doctrinal method has been used for two major reasons that the primary data for the study obtained from legislation and analyzing the Constitution of Zanzibar ,1984.

Further, doctrinal legal research goes into legal doctrines through analysis of statutory provisions by the application of logic and reasoning which includes deductive and inductive reasoning, analogy on one hand and statutory interpretation on the other hand. Its main emphasis is on the analysis of legal rules and legal doctrines or legal principles. It is almost fourteen(14) years since the ZGNU has been constitutionally introduced in Zanzibar and the same ZGNU has also been in operation for almost eight(8) years now specifically from 2010 to 2015 and from 2020 to date. This study has found that the ZGNU faces a lot of constitutional challenges that jeopardize its sustainability and exposes it at the high risk of its inexistence.

Some of the identified constitutional challenges includes dependence of general election results as the main or key condition for forming the ZGNU and existence of high threshold of votes to be met by the participating political parties to qualify for forming the ZGNU. Therefore, for the purpose of sustaining or safeguarding the sustainable life of ZGNU in whatever election results, the Constitution of Zanzibar, 1984 should be reviewed and amended in several provisions. Keywords: Constitution, Government of National Unity, Sustainability.

1.0 INTRODUCTION

Generally, there is no consensus among the academic and political circles on the precise definition of the concept of government of national unity as its meaning and application vary from one country to another. 1 This assertion means that GNU concept can be well defined depending upon the context of each country where the GNU has been established. In other words, it means that the GNU concept as it is understood and practiced in Zimbabwe may completely be different from the way it is understood and applied in Kenya and other countries as there is no size fits all. 2 Said and Hikmany (2011) defines the Government of National Unity (GNU) to denote the concept of two or more political foes coming to a consensus to bury the hatchet and work together in a new coalition formation under either constitutional or conventional arrangements.

3 The constitutional arrangement is established consisting of main rival representatives to achieve national consensus while the conventional is formed by two or more political parties after the election results provide no clear winner. 4 A GNU in a constitutional arrangements is a power-sharing government comprising of major political parties that coalesce their efforts to end conflict, and is designed specifically to accommodate all opposing political players to participate in government structures. Mapuva (2010) opines that political rivalries have the potential to bury the hatchet and work together for the common good of the nation in a GNU.

5 A Government of National Unity if properly formed, the people of various political parties are able to bury their political differences and strive to build a democratic society where people enjoy freedoms and rights as enshrined in the Constitution. 6 Looking what is stated by Mapuva it is believable that GNU may be a source of peace, unity and building of democracy but all these are achievable upon being healthy enshrined in the Constitution. Therefore, the Constitution is one of the most important tools to ensure effective GNU for attainment of peace, unity and building of the true democracy. 1 Mukuhlani, T (2014) Zimbabwe’s Government of National Unity: Successes and Challenges in Restoring Peace and Order, at pp. 170.

2 Ibid,

3 Said, S. N., & Hikmany, A. N. H. (2016). Zanzibar Government of National Unity

A Panacea to Political Stability or a Strategy to Sustainable Economic Development? at p. 2.

4 Ibid,

5 Mapuva, J (2010) Government of National Unity as a Conflict Prevention Strategy

case of Zimbabwe and Kenya, at p.251. 6 Chigora and Guzura (2011) The Power Sharing of the Government of National Unity and Power Sharing in Zimbabwe: Challenges and Prospects for Democracy, at p.21.

Chigora and Guzura (2011) define a Government of National Unity as the coalition government, designed specifically to accommodate all participating political players in governmental structures. 7 This includes, the civil service, cabinet, diplomatic posts, the judiciary and in other instances, army, police and the intelligence arms. The logic behind this is that, equitable participation will diminish the potential for conflict and enhance prospects for national stability, integration and development. The assumption behind this logic is that conflict arises from mere exclusion of key political players in structures and processes of national governance. Hamad, Y (2012) defines the Government of National Unity as the cases in which all the most notable political parties and interests in a country are part of the governing the country.

8 It is a way to have an inclusive government and an attempt to solve a problem9. Taking what it was said by Hamad is that the ZGNU in Zanzibar means a government which incorporates representatives from political parties having the seat in the House of Representatives of Zanzibar. 10 In this position the ZGNU incorporates only political parties participated in an election and have won the seats in the House of Representatives and do not involve other political parties. This shows the fact that the Constitution of Zanzibar, 1984 has established the ZGNU which accommodates only two political parties according to the given constitutional conditions and recent Zanzibar political realities in which two political parties dominate Zanzibar politics.

On the part of Uki, A (2013) share the identical view with Yahaya and defines the concept of GNU in considering the Zanzibar position as the government which incorporates representatives of political parties winning a seat or seats in the HRoZ. 11 It is power sharing arrangement of political parties that win seats in the legislature and a political party that does not win a seat in the legislature can not enjoy a share of cake. 12 The ZGNU composed of only political parties which win the seat in the HRoZ and not all the political parties existing in 7 Chigora and Guzura (2011) The Power Sharing of the Government of National Unity and Power Sharing in Zimbabwe: Challenges and Prospects for Democracy, at pp. 21. 8 Hamad, Yahya, K “The Constitutional Premises of the GNU in Zanzibar” In Consolidation of the Government of National Unity in Zanzibar, at p. 14

9 Ibid,

10 Ibid, at p.21.

11 Uki, A.A” The Government of National Unity 2010” in Peace and Unity in the Isles

Prospects of a Government of National Unity in Zanzibar, at p. 27.

12 Uki, Op.cit.

Zanzibar. It is clear in that sense that the way Uki has defined the concept of GNU and conceptualized equally the same as it is provided under the Constitution of Zanzibar,1984. It is true that the ZGNU existed in 2010-2015 incorporated and formed by the only Chama cha Mapinduzi (CCM) and Chama Cha Wananchi (CUF) and the current ZGNU is formed by the same Chama cha Mapinduzi (CCM) and the other party ACT Wazalendo. Typically, all these two ZGNU has left all other political parties in Zanzibar to be part and parcel of that government for the only reason that they failed to acquire the seat in the HRoZ through the general elections as stipulated in the Constitution of Zanzibar, 1984.

In reality, the nature and structure of GNU concept as institutionalized under the Constitution of Zanzibar, 1984 leads to the situation that the total victory of one political party or political boycott of one political party defeats the possibility of the forming the ZGNU due to the reason that forming of ZGNU is directly linked to the winning a seat in the HoRZ or acquiring a certain percentage of votes in general election. This situation also cements the position that the Constitution of Zanzibar, 1984 has established the electoral dependent GNU and according to the nature of Zanzibar politics it is easy to see many political parties do not manage to win even a single seat in the HRoZ. The political reality and history of Zanzibar discloses an experience and the fact that usually few and specifically two (2) political parties are always dominant of Zanzibar politics.

Foristance in 2015/2016 general election, it was only Chama cha Mapinduzi (CCM) which acquired all the seats in the House of Representatives of Zanzibar and to that effect no ZGNU formed. Also, in 2020 general election it was only Chama cha Mapinduzi (CCM) and ACT Wazalendo acquired the seats in the HRoZ and the ZGNU has formed by these two political parties only. It is obvious in this position that the way the ZGNU has been constitutionally conditioned and structured, it’s sustainability is always very vulnerable and its survival is in danger. To that effect there is an urgent need to take the immediate measures to amend the Constitution of Zanzibar, 1984 to enact and put the strong provisions to ensure the better participation of many political parties in the ZGNU instead of two political parties so as to strengthen and sustain the ZGNU for better future of Zanzibar.

There is also the need to make sure that the ZGNU become stronger, healthier and progressing for the betterment and well being of Zanzibar. 13

2.0 THE ESTABLISHMENT OF ZANZIBAR GOVERNMENT OF NATIONAL UNITY

It is the considered view that almost all constitutions claim to mark a new era in the history of a given political community by improving the institutional framework, re- allocating powers between state institutions or advancing human rights protection. 14 The House of Representatives of Zanzibar amended the Constitution of Zanzibar, 1984 in 2010 and several provisions of such Constituton were amended. Considering deeply to such amendment, it was almost forty parcent (40%) of the provisions of the Constitution of Zanzibar, 1984 was subjected to amendment. One of the very important aspect of this constitution amendment is the enactment of new section 9(3) of Zanzibar Constitution, 1984 which introduced a new form of the Revolutionary Government of Zanzibar commonly known as the Zanzibar Government of National Unity(ZGNU).

The provision of section 9(3) of the Constitution of Zanzibar, 1984 has expressly made the ZGNU the only format of the Revolutionary Government of Zanzibar (RGoZ) without giving an alternative form of government. In that case, it does not matter which political party wins the election due to the reason that whichever political party takes the power of ruling Zanzibar, that is the political party providing the President of Zanzibar required and directed in the outset by the Constitution of Zanzibar, 1984 that the nature of RGoZ to be formed is of Government of National Unity to the manner that it should involve the leaders, especially the President and two Vice Presidents, from two(2) political parties without missing.

The format of the Revolutionary Government of Zanzibar (RGoZ) in the ZGNU style is deeply and without doubt cemented by the provisions of section 9(3),39(1),39(2),39(3),39(6) and 42(2) of the Constitution of Zanzibar, 1984. Further, it is equal and right to say as per the stipulation of the provision of articles 9(3),39(1),39(2),39(3),39(6) and 42(2) of the Constitution of Zanzibar, 1984 that from 2010 the RGoZ should always be in the form of GNU composed of mainly two (2) political parties without missing. This justifies the position said by some other scholars that the constitutional changes in several African states have brought

13 Hikmany and Said, Op.cit, at p.1 and 8.

14 Gjoni, Roland” Building a New State and a New Society through Constitutional Design: Is the External State Building working in Kosovo? A Paper Delivered by Roland Gjoni, Lecturer of Constitutional Law at the Political Studies Association of UK, 19-21 April 2011, London. important new players on to the political scenes. The new political player here in Zanzibar is the ZGNU. In ensuring the ZGNU is in existence, the Constitution of Zanzibar,1984 has provided a safeguard against its easy removal. The Constitution of Zanzibar, 1984 has put a mechanism to ensure that the ZGNU is not simply wiped out by including the eternity clause of the some provisions of the Constitution of Zanzibar,1984 unless the popular referendum is conducted as portrayed by the provision of section 80A of the Constitution of Zanzibar,1984.

However, despite having some eternity clauses and the requirement of popular referendum to change the ZGNU into another form of government, the sustainability of the ZGNU still faces an obvious constitutional challenge originated from the same Constitution of Zanzibar,1984.

3.0 THE GLANCE OF THE EXISTING CONSTITUTIONAL

CHALLENGES

FOR THE SUSTAINABILITY OF ZANZIBAR GOVERNMENT OF NATIONAL UNITY The ZGNU is constitutionally introduced under the Constitution of Zanzibar,1984. However, there exist the number of challenges that weaken its sustainability and more challenges will come as times goes. 15 Government of National Unity all over the world face many challenges and if not carefully handled they may cause feelings that such systems of government are not appropriate. 16 Some of the existing critical constitutional and legal challenges for ZGNU are as follows: - Firstly, the Zanzibar Government of National Unity (ZGNU) is as an electoral dependent government. This is the first and one among the immense challenges declining the sustainability of ZGNU in Zanzibar.

The reason behind this is that the election results, as per what the Constitution of Zanzibar,1984 stipulates, is the only and major constitutional condition which decides the existence or nonexistence of ZGNU. This reality is substantiated by the fact that it is only the general election results in Zanzibar allow for only two (2) political parties to form the ZGNU upon meeting the settled constitutional conditions which is mainly the acquisition of the required ten (10) percent or threshold of votes or having many seats in the House of Representatives of Zanzibar or being the party happening in the second position in the general election results. 17 In the same situation of general election results dependency, if 15 Seif Sharif Hamad” Opening Remarks by the First Vice President of Zanzibar”, In Consolidation of the Government of National Unity in Zanzibar, at p. 7.

16 Ibid at p.12.

17 See Section 39(3) of the Constitution of Zanzibar, 1984.

the election results give the total victory to one political party, no ZGNU can constitutionally be formed in Zanzibar. 18 This is validated by the general election rerun in 2016 which gave the total victory to Chama cha Mapinduzi(CCM) and due to that victory there was no ZGNU formed for five (5) years as the Constitution of Zanzibar, 1984 provides for such possibility.

The clear example is a general election in 2010 and general election in 2020 where the ZGNU was formed between the Chama cha Mapinduzi(CCM) and Civic United Front(CUF) and Chama cha Mapinduzi(CCM) and ACT Wazalendo respectively simply because in this period of 2010 and 2020 the election results lead to the fulfilment of the constitutional requirements as provided under the provision of section 39(3) of the Constitution of Zanzibar, 1984 where Chama cha Mapinduzi(CCM) happened the first position and Civic United Front(CUF) and ACT Wazalendo happened the second position.

The circumstances become more difficult especially in considering the election history in Zanzibar from 1950s to 2020 where almost all Zanzibar election have been complained for mismanagement or political conflicts arose because of such election or election results especially presidential election which is the key in the decision to form the ZGNU. Election held since the re-adoption of a multiparty system were clouded with accusations caused by non-transparent electoral commission charged with the management of the election. There were obvious problems with voter registration, the conduct of campaigns and in vote counting and announcement of results.

19 It is also quite possible to have either total victory or many seats or acquisition of higher parcentage of votes to one political party especially the political party providing the President of Zanzibar, the situation which is very dangerous as it directly removes the possibility of ZGNU formation, the situation which disturb the ZGNU survival or sustainability. This challenge may be further promulgated by the fact that the source of initiating the ZGNU was a product of power struggle between the two major political parties and was narrow focusing on power sharing in the government and unfortunately the central question was not addressed. This unaddressed issue includes the structure and operations of the election management body and in this way the ZGNU is simply a stepping stone towards resolving such

18 See Section 39 of the Constitution of Zanzibar, 1984

19 Seif Sharif Hamad” Opening Remarks by the First Vice President of Zanzibar”, In Consolidation of the Government of National Unity in Zanzibar at p. 8. issues. 20 On the other hand the ZGNU is really narrow in term of its scope as it concentrates on sharing the position at the top level of President, Vice President and Ministers only and it is not enough, as it is only between two (2) political parties. It even forgets sharing the powers in the House of Representative of Zanzibar as one of the integral arms of the state. Therefore, having the Constitution of Zanzibar, 1984 establishing the electoral dependent ZGNU which is narrow focusing is an intolerable challenge and weakness towards the sustainable ZGNU in Zanzibar and efforts should be seriously and deliberately taken to ensure the existence of permanent ZGNU in whatever circumstances of general election results.

This may be made by providing in the Constitution of Zanzibar,1984 that political party participating in the general election shall form the ZGNU depending upon the number of general elections acquired votes but it should not be necessarily a particular threshold. There may be provided clear constitutional provisions that any political party happens the second and third or more will take part in forming the ZGNU. The basis should be number of votes but not with certain or particular threshold. The votes should be considered in ascending order any political party getting many votes provides the President, the second winner provides the First Vice President and should not be as it is now. This is simply because under the GNU format all the most notable political parties are part of governing the country.

21 This means on the other hand that a GNU can simply be a way to have an inclusive government. 22 In that phenomenon, involving on two political parties in a situation where there are more than five political parties contesting for election is not health for such government as the government leave many other political parties outside the system which may once again results in to chaos. Secondly, inadequate constitutional safeguards over ZGNU. Lack of adequate constitutional safeguards is another great and obvious challenge facing the ZGNU in Zanzibar. This is simply because it seems that ZGNU intended to be permanent form of government in whatever circumstances. This is evidenced by the fact that the Constitution of Zanzibar,1984 does not provide for any alternative form of RGoZ. 23 However, the Constitution of Zanzibar, 1984 and 20 Bakari, M. & Makulilo, A. (2012).

Beyond Polarity in Zanzibar? The Silent Referendum and the Government of National Unity, at p. 213-214. 21 Hamad, Yahya, K “The Constitutional Premises of the GNU in Zanzibar” In Consolidation of the Government of National Unity in Zanzibar at p. 14.

22 Ibid.

23 See Section 9(3) of the Constitution of Zanzibar, 1984.

the whole legal system of Zanzibar has failed to provide concrete and adequate constitutional and legal safeguards to ensure that the ZGNU is permanent and is in existence at all time in whatever circumstances as article 9(3) of the Constitution of Zanzibar, 1984 is very weak provision because it is only the directive principle. Article 9(3) of the Constitution of Zanzibar, 1984 being the directive principle cannot be enforced in any court of law in case of non-adherence to it according to what is stipulated under the provision of section 10Aof the Constitution of Zanzibar, 1984.

24 The provision of article 80A of the Constitution of Zanzibar, 1984 is the only provided constitutional provision that seems to safeguard the ZGNU by requiring and necessitating the amendment of section 9(3) of the Constitution of Zanzibar,1984 to remove or to change the RGoZ which is in the form of ZGNU to another form or style through the popular referendum. 25 If that is the case, it is only the provision of article 80A of the Constitution of Zanzibar, 1984 that makes the ZGNU in Zanzibar a permanent form of government and its removal requires the approval of the public through the popular referendum which is not easy.

However, despite having this provision of article 80A of the Constitution of Zanzibar, 1984, this constitutional provision is still ineffective for sustaining the ZGNU considering article 80A and article 39(3) of the Constitution of Zanzibar, 1984 which provides the formation of ZGNU depending upon the election results. This shows that the provision of article 9(3) of the Constitution of Zanzibar,1984 is silently and directly amended by the provision of article 39(3) of the Constitution of Zanzibar,1984 within the existence of the provision of section 80A without complying with the amendment procedure or requirement of conducting the popular referendum.

This situation portrayed by article 39(3) of the Constitution of Zanzibar,1984 which silently amends the provision of article 9(3) of the Constitution of Zanzibar,1984 justifies what was said by Fombad that the constitution will lose it value as the supreme law if it is altered easily. 26 From what Fombad says, it is true situation that article 39(3) of the Constitution of Zanzibar,198 silently amends article 9(3) of the Constitution of Zanzibar,1984 and easily removes the sustainable life of ZGNU in Zanzibar. Thirdly, other than the provision of article 80A of the Constitution of Zanzibar, 1984, there is no any other single statutory provision under the whole legal system of Zanzibar which protect

24 See Section 10A of the Constitution of Zanzibar, 1984.

25 See Section 80A of the Constitution of Zanzibar, 1984

26 Fombad, Op.cit, at p.386.

or has even mention the existence of ZGNU. Therefore, the whole life or existence of ZGNU in Zanzibar is dependent on the provision of article 39(3) of the Constitution of Zanzibar,1984 which is very vulnerable according to the electoral history of Zanzibar from 1950s to 2020. This means in other words that there is no concrete and adequate constitutional and legal guarantee of the existence of ZGNU in Zanzibar and in that case the sustainability of ZGNU is always in shamble. Therefore , this situation requires the deliberate efforts to be taken by the government and other stakeholders specifically the House of Representatives of Zanzibar to reduce this risk over the life of ZGNU. On top of that, lack of equitable power sharing. It is another obvious constitutional challenge that removes the true nature of ZGNU in Zanzibar.

This challenge is vividly validated by the fact that looking at the existing ZGNU format under the Constitution of Zanzibar, 1984 gives all and enormous power to the President of Zanzibar and Chairman of the Revolutionary Council only. To this point, the First Vice President, who is key and integral partner or part to ZGNU, lacks not only constitutional powers but also the executive functions other than those functions directed by the President of Zanzibar to do. 27 That factual situation is intensely confirmed by Yahya(2012) that the First Vice President lacks an executive position or mandate under the Constitution until he or she is ordained with some functions to perform under the discretionary power of the President.

28 The President of Zanzibar has all and enormous powers including power to appoint all the ministers, deputy ministers, principal secretaries, directors and executives of various government organs without necessarily obliged to even consult or consider the advice from the First Vice President or any other person. 29 This situation seem to denote as if there is no power sharing in Zanzibar but there is position sharing between Chama cha Mapinduzi(CCM) and ACT Wazalendo for the time being where the Chama cha Mapinduzi(CCM) has taken the presidency position, Second Vice President and many ministers. The ACT Wazalendo has been given the position of the First Vice President with only two (2) Ministers but the ACT Wazalendo seem to be constitutionally powerless under ZGNU and if it is constitutionally powerless save for only forming the ZGNU after meeting the settled criteria.

In this sense these two political parties (Chama cha Mapinduzi and ACT Wazalendo) shares the positions and they do not by any means share the powers among

27 See Section 39(5) of the Constitution of Zanzibar, 1984.

28 Hamad, Yahya, K “The Constitutional Premises of the GNU in Zanzibar” In Consolidation of the Government of National Unity in Zanzibar at p.22 and See Section 39(5) of the Constitution of Zanzibar,1984.

29 See Section 52 of the Constitution of Zanzibar, 1984.

them because one of these parties which is evidently ACT Wazalendo for the time being has no any constitutional or executive power which it shares with Chama cha Mapinduzi(CCM) under the ZGNU. If that is the case, and possibly is the true case, the Constitution of Zanzibar,1984 should be amended to show the real power sharing between the two partners of ZGNU by giving the First Vice President its share of executive powers and functions under ZGNU instead of only sharing the position. This can be simply be done by creating a specific constitutional functions and powers to the First Vice President as it is the case to Second Vice President. In other way round, it may be creating the constitutional or executive powers to First Vice President as it is the case to the President of Zanzibar.

The only thing to consider here is to avoid conflicting of powers between these three constitutionally recognized dignitaries or position. The study has clearly found that there are number of constitutional challenges or shortfalls that undermine the sustainability of ZGNU and it is now the right time that all these existing constitutional challenges or shortfalls should be reduced or removed at all to save the long life of ZGNU. It happened that the retired Second Vice President of Zanzibar Ambassador Seif Ali Iddi was of the same view that for the GNU to work effectively issues of the constitution, participation and relations between the branches of the RGoZ must all be carefully addressed. 30 Ambassador Seif Ali went on saying that the weaknesses identified by experts will be addressed during the implementation process and will build a durable GNU.

31 Ambassador Seif Ali Idd went further and saying that improvements may be a result of challenges occurring on daily basis. Our government has many challenges, those which are common to every government and those specific to our type of government. 32 Seeing these statements that agree on the challenges facing the ZGNU, it should not remain the mouth utterances, but the appropriate measures should be timely taken for correction in order to build sustainable ZGNU. On top of that, Uki (2011) was of the view that to strengthen the operation of GNU there are issues need to be taken in to consideration.

This include but not limited to giving the powers to First Vice President, to reduce the constitutional powers of the President in the running of GNU and including in the House of Representatives some members whose political parties do not win a 30 Seif Ali Idd” Closing Remarks by the Second Vice President of Zanzibar” In Consolidation of the Government of National Unity in Zanzibar, at. p. 62.

31 Seif Ali Iddi, Op.cit.

32 Ibid.

seat in the constituency election.33 Uki end up by saying that it is up to the people of Zanzibar to ensure the GNU turns a success story.

4.0 CONCLUSION

Summarily, in a deep consideration of various provision of the Constitution of Zanzibar, 1984 it can be seen that many people including political analysts viewed the ZGNU faces a lot of constitutional challenges that should be addressed. The sustainability is one among the big challenges of GNUs as evidenced from other parts of the world that almost 99 GNUs existed from 1975 to 2012 but almost all these GNUs have failed in different time though with different longevity.

For the side of Zanzibar sustainability challenge of ZGNU seems to be caused by the Constitution of Zanzibar, 1984 itself due to its dependency in general election results which require the ZGNU to be formed by the only two political parties upon acquiring a threshold of votes of not less than ten percent(10%) of the Presidential votes or acquiring many seats in the House of Representatives of Zanzibar or happening in the second position. It is obvious and very disturbing situation that neither the Constitution of Zanzibar,1984 nor any other legislation has offered any feasible alternative if those constitutional requirements are not met by any other political party, the situation which may cause the ZGNU to be not in existence in Zanzibar in some other times as it was the case after general reelection in 2016.

The study recommends that for the purpose of strongly sustaining the life of ZGNU the Constitution of Zanzibar, 1984 should be reviwed and amended in various provisions. These provisions are article 5, 10, 10A, 33(1) ((ii), 33(2)(ii), 34(1)(iii), 34(7), 39(2), 39(3)(i) and (ii), 39(5) and (7),40(1)(b),42,45(2), 52, 67(2) 72 and 119(13). 33 Uki, A “The Maridhiano and the Government of National Unity, Its Impact on Election and Constitutionalism in Tanzania, at p. 245-246.

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