PROF. ISSA SHIVJI HAS....»»princenordy

Renowed lawyer, Prof Issa Shivji has been
faulted by several of his colleagues of the
Constituent Assembly for allegedly advocating
a two tire government structure a move they
say is against what he stands for and also
contravenes his various publications regarding
the Union.
The criticism follows his remarks made on
Sunday while presenting a paper at the
National Youth Symposium held in Dar es
Salaam where he is quoted as having said ‘if
the constituent assembly will endorse the
proposed draft constitution without any
changes, there will be no Union.’
Speaking in a press conference yesterday in
Dodoma, Tundu Lissu said the veteran legal
expert has recanted what he seemed to
stand for in his previous publications:
‘Africanism or Pragmatism’ and ‘Tanzania: The
Legal Foundation of the Union’.
Lissu further said in Prof Shivji’s publication
of 2008, the legal expert wrote that the
Union was not agreed upon by both sides and
it was on that ground he has been arguing
against it.
“If there is anyone who has been against
government policies is Prof Shivji…” Lissu said
“…for decades he has been arguing against
the Union,” he claimed.
According to Lissu, in Prof Shivji’s 1990
publication he wrote: ‘The parliament of
Tanganyika enacted a law to approve the
Union agreement and in Zanzibar there is a
law approving the Union between Tanganyika
and Zanzibar but it was enacted by the
Zanzibar House of Representatives on April
27, 1964, a day after the Union was
established.’
According to Prof Shivji’s publication, there is
a law approving the Union agreement but
there is no evidence to prove that it was
enacted by the Revolutionary Council because
the legislation in question was published in
the national Gazette of Tanganyika and signed
by the deputy Attorney General of
Tanganyika.
“By saying that, Prof Shivji obviously
questioned the legitimacy of the Union,”
Lissu concluded.
He went on to point out that eighteen years
later, Prof Shivji published ‘Pan Africanism or
Pragmatism’ in which he allegedly said that
he has evidence that the House of
Representatives did not enact a law to
endorse the Union agreement.
Ismail Jasu another CA member said the
people of Zanzibar have been using Prof
Shivji’s publications to back their arguments
regarding the Union but now they are
surprised to hear him argue otherwise. He
too claimed that in at least one of Prof
Shivji’s publications, the lawyer calimed that
Zanzibar did not approve the Union.

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