The pre-independence Constitutional Conference.
As indicated in last week’s article, the next and final stage in the colonial Administration’s plans for Tanganyika’s constitutional development, was the achievement of the country’s independence. It was standard British Government procedure, and a mandatory requirement, for the act of granting independence to all its colonies and its other Administered Territories, to be preceded by the holding of a “Constitutional Conference” ; presided over by a representative of the British Government, and attended by representatives of the country seeking independence. These conferences had the twin purpose of reaching agreement on the contents of the new country that was to be granted independence, and determining the actual date of that country’s independence; and they were always held at Lancaster House in London. But something exceptional happened in the case of Tanganyika, namely that, unlike all other countries that were granted independence, both before, and after Tanganyika; our conference was held at Karimjee Hall in Dar es Salaam; from 27th to 29th March, 1961. I had just returned from my ‘attachment training’ at the House of Commons, with good performance reports. But I was involved only peripherally in the preparations of the conference venue, Karimjee Hall; plus facilitating the attendance of about four upcountry Members of Parliament who had been selected to form part of the Tanzania delegation at that conference. The date of 28th December, 1961 was agreed as the date for Tanganyika’s independence; but this was subsequently brought forward to 9thDecember, 1961. Another exceptional feature of that conference, is that its main business was completed in only two days, with the third day being utilized for the closing ceremony. This was largely because Mwalimu Nyerere did not want to waste valuable time discussing the draft “Tanganyika Independence Constitution” which had been proposed by the British Delegation, primarily because of his strong conviction that the making of a country’s Constitution was the business solely of the country concerned, thus the out-going colonial rulers had no right to participate in that process. So he, on behalf of his delegation, proposed only very few amendments to the said draft, the main one being the rejection of the proposed establishment of an “Upper House of Parliament”, which was to be designated as the “House of Chiefs”; with the National Assembly being the “Lower House”.
Prime Minister Julius Nyerere’s priorities: trained manpower.
We have already seen that Tanganyika achieved “internal Self Government” on 1st May, 1961; and Mwalimu Nyerere’s title was changed to “Prime Minister”, when he also became “Head of Government”. In an evening broadcast to the nation after he had taken the oath of office earlier that day, the Prime Minister disclosed his top priorities in tackling the challenges ahead. He said the following, among other things: “Our educational development is far behind that of Ghana and Nigeria; and indeed behind even that of Kenya and Uganda. Therefore, we do not start with the trained manpower that we need for the rapid development of our country”.
Thus, in order to meet that critical challenge of the lack of trained manpower; one of his earliest decisions he took as Prime Minister, was to establish a University College; initially to be located in a large building situated along Lumumba Street in Dar es Salaam, which had been erected by TANU to be used as its national Headquarters; This was disclosed by the Prime Minister himself, at the opening ceremony of that building held on 28th July, 1961; at which he announced that the building was being rented to the Government, for the purpose of establishing a University College, and further that the College would receive its first students before the end of that year.
This was subsequently followed, in rapid succession, by other similar events. For on the next day, July 29th, 1961; the Prime Minister opened Kivukoni College, another educational Institution designed to train the leaders of the new, soon to be, independent Tanganyika. And on 1st August, the Prime Minister opened the Police College; for the training of commissioned police officers. “These events” he said in his speech at that ceremony, “are indicative, but no more than indicative, of Government’s relentless efforts to educate our people for the responsibilities they must shoulder in an independent Tanganyika. The Government is fully determined to continue with this work, in spite of obvious difficulties . . . .”
UHURU Day, 9th December, 1961.
Tanganyika eventually became free from colonial domination, fully united behind TANU, and democratic in its government, and its way of life; thus ending a grand total of seventy-five long years of colonial domination: 33 years by the Germans (1885 to 1918); and 42 years by the British (1919 to 1961). TANU had mobilized the people to organize their own celebration events wherever they lived, and, indeed, there was fisting and merry making throughout the country, right down to the lowest community social levels.
At the national level, I was invited to all the major celebration functions, staring with military tattoo at the newly built open air National Stadium on the evening of 8th December, 1961, followed, at precisely midnight, by the lowering (for the last time), of the British Flag, the Union Jack; followed by the ceremonial raising of Tanganyika’s new Flag. On the morning of independence day itself, 9th December, 1961, and at the same venue; there was held the formal function of handing over the “Instruments of Independence” by the Duke of Edinburg, to Prime Minister Julius Nyerere. And, in the evening, there was the glittering “independence State Ball”; a ‘black tie’ function held at the Diamond Jubilee Hall, in Upanga.
But the most relevant function for me personally, was the “State Opening of Parliament” by the Duke of Edinburgh on the morning of 10th December, 1961, at Karimjee Hall; for which we, at the Speaker’s Office, had meticulously rehearsed, again and again.
That was the final Uhuru celebrations event, after which, Prime Minister Nyerere went off to New York, to deliver an independence address to the United Nations General Assembly on 14th December, 1961. It should be remembered, that until 8th December 1961, Tanganyika had been a ‘Trust Territory’, only administered by the British. This was a factor which, according to Mwalimu Nyerere himself, “helped us to achieve independence in the way in which we achieved it”; i. e, much earlier than had been generally anticipated.
Mwalimu Nyerere’s resignation as Prime Minister, January 1962.
The Prime Minister’s resignation, which was announced on 22nd January, 1962 (a mere three weeks after independence), naturally caused a huge amount of sensation, both within and outside Tanganyika; and was also widely misunderstood. In his book titled “Two Africa Statesmen: Kaunda of Zambia and Nyerere of Tanzania” (Martin Secker & Warburg, London); the author assesses that unusual event in the following words:“It is virtually unknown for a politician to surrender his office voluntarily. It is certainly unique for a man to lead his country into independence, and then, almost immediately, retire from the leading position. Inevitably therefore, speculation over the cause for his unprecedented action, spread like wild fire throughout the country, and far beyond. Naturally, it was widely assumed that he had been driven out of office by his critics in the Party, and the Trade Unions; who had openly opposed him, especially on his tolerant racial policy, during the months preceding independence”.
I was, initially, among those who were greatly puzzled by that action, but we were all quickly reassured by his own statement which he issued on that same day, confirming that his resignation was a wholly voluntary action on his part, after a long debate with his colleagues; and that he had himself selected the team that would run the Government, while he concentrates on re-organizing the Party, TANU, in his capacity as its President. It was, in fact, soon thereafter, that he started making plans for the new “homemade” country’s new Constitution.
The making of Tanganyika’s ‘home made’ Constitution.
The process of making Tanganyika’s own ‘home made’ Constitution to replace the British imposed Independence Constitution, officially kicked off as early as 15th February, 1962; when the National Assembly passed a resolution, asking the Government “ to make all the necessary preparations in order to facilitate the transformation of Tanganyika, as soon as may be practicable, into a Republic within the Commonwealth”. Thus, all the relevant State Organs, including the Electoral machinery, and the National Assembly; started gearing up for implementing that fundamental change; namely, making preparations for the election of the President of the Republic, and for the new laws which would make provision for the country’s new Republican status, including, of course, the Republican Constitution itself.
My British boss Geoffrey Hucks, the Clerk of the National Assembly was a good man, who was always willing and ready to give me intensive, practical ‘training on the job’. I had, by then, been appointed substantive ‘Clerk-Assistant”. Hence he let me do most of his assignments, but under his close superintendence, These included the task of organizing the Presidential election, a wholly political event. In those days, the administration of national elections was the responsibility of the Speaker’s Office, with the Speaker as Chairman of the Electoral Commission, and the Clerk of the National Assembly as the Director of Elections. I was, of course, keen, determined, and anxious, to show that “Yes, I can”. And, thank God, it all went very well: the Tanganyika Republican Constitution was eventually enacted by the National Assembly (which had first been converted into the “Constituent Assembly), on 23rd November, 1962. This was closely followed by the holding of the Presidential election towards the end of that same month; which involved two candidates: Julius Nyerere, the TANU candidate; and Zuberi Mtemvu, a candidate sponsored by the African National Congress (ANC).
It was a relatively small electorate of just about one and a half million registered voters. Mwalimu Nyerere received 98.1% of all the valid I, 149, 254 votes cast; leaving Zuberi Mtemvu with only 21,276 votes. He took the oath of office on 9th December, 1962, as the first and only one President of the short-lived Republic of Tanganyika. ‘Short-lived’ because within a mere two and a quarter years, on 26th April, 1964; the country called ‘Tanganyika’ was merged with Zanzibar, to become the United Republic of Tanzania; a historic event of major political significance. But that will be discussed later.
This instalment (no 4 in the series), conveniently closes what will be the First Chapter of my proposed autobiography. But I have realized, that I jumped into this First Chapter, without first presenting the customary Introduction, which is normal in the book writing process. I have thus decided to rectify that omission, by presenting the missing Introduction at the beginning of next week’s instalment; before moving on to Chapter Two; which will attractively begin with the newly elected President Nyerere of the Republic of Tanganyika being in full command, like the proverbial “New Sheriff in Town”.
Will be continued next week.
piomsekwa@gmail.com/0754767576.