Monday, August 20, 2012

Together, we can make the world a better place to live.


Muga with orphans of MUVUME OPHANAGE, i was there with my comrades giving humanitarian assistances to these poor kids.


They lead a happy life irrespective of their lacking parental care and love.


handing-over the eatables to the matron of the orphanage.


The group picture at their billboard


Director for OCYWES handing-over the Eid elfitri gifts to the matron of the orphanage


Mr Benny,the chairperson also did not want to remain behind on this important event,he handed over things worth 150,000 Tanzanian shillings.
This was the simple project we did so as to celebrate Eid with orphans. the director solicited over 400,000 from her pockets, the Chair person and I both contributed 150,000 each for these friends of ours to celebrate as other people.

Tuesday, July 24, 2012

Can the current constitutional review process aid to cure the prevailing loopholes?


Exclusive by, Edwin Muga



‘’Whereas we, the people of the United Republic of Tanzania, have firmly and solemnly resolved to build in our country a society founded on principles of Freedom, justice, fraternity and WHEREAS those principles can only be realized in a democratic society in which the executive is accountable to a legislature composed of elected members and representatives of the people, and also a judiciary which is independent and dispenses justice without fear or favor, thereby ensuring that all human rights are preserved and protected and that the duties of every person are faithfully discharged.’’

When we hear these familiar words, only one thing comes to our minds ‘The constitution of the United Republic of Tanzania 1977’. These are the very first words of the Preamble. The constituent Assembly was believed to be the representation of the will of the people. The words ‘We the people’ signifies that it was a document given by the people, to the people and for the people.
Today, in the 21st century can we say that the real power to govern this country is vested in the people? But the question that often arises is, does the constitution in true terms express the will of the people or has it just become a tool in the hands of some hungry politicians? Are the people of the United republic in real terms assured of Justice, Liberty, Equality and Fraternity? Does the common man today receiving justice? Does equality really prevail? Is liberty being exercised by all today?

In the wake of changing times in Tanzanian societies a constitutional review has arrived at the right time. The constitution though a very impressive piece, has failed in some respects. And in this article, I wish to express my opinion on the need of an overhaul in our constitution.
The preamble say that we’re a democratic society. What does democracy mean to all of us? To define it in a layman’s language Democracy means that the power is in the hands of the people to decide how and by whom the country is run. But today does the real power lie in the hands of the people as it was believed when the constitution was applied? It’s no more ‘by and for the people’. Now it’s more or less a board game and the players are the politicians with personal profits as the
winning amount.

Securing justice to all-Social, Economic, and Political, is one of the chief aims of our constitution. But this has hardly been actually put into action. Our judicial system which is the sole organ responsible to provide justice to each and every individual Art 107A(1) but judicial process is at snail’s pace and justice is not delivered at the desirable speed. I have a feeling that our ears have been so much used to the maim ‘’justice delayed is justice denied’’

Today we’ve many case per day pending for each judge of high court. The proceedings might take up to 10years to solve cases thus fails the purpose of delivery of early justice. Also delay of judgments, there’re judgments which 6-8 years to be delivered.

In Tanga, one isack vicent was alleged to have committed murder in 1993 and was convicted by the high court but the court of appeal, in criminal appeal no. 132 of 2005, acquitted him on 10th july 2007 that’s after 14years long.
In DSM registry, an employment dispute between Hamis Shaban and NBC Bank surfaced in 1982 and it took 25 years before the Court of appeal laid it to rest on 10th October 2007.

In mwanza registry, martin manguku was charged with murder which he’s alleged to have committed in 1992 and the judicial progress dragged on for 15 years until his ordeal was terminated by the Court of appeal on 16th march 2007, when it allowed his appeal no. 194 of 2004 and set him free.( these are statistics by the then chief justice Augustino Ramadhan while giving a Law day speech to His Excellency Head of the state in 2008 ). Examples are many this is the only first finger pointing on the moon.

The fundamental rights under part iii of our constitution too need include many of those rights that have developed over a history of various judicial pronouncements. These rights though not really stated in part III have been recognized as fundamental in nature and are better known as ‘implied fundamental rights’. Right to food, right to clean and portable drinking water, right to fresh and clean environment and right to speedy justice. These rights need be added in chapter III as they’re equally important in today’s time to every Tanzanian.
At the same time I feel that the framers of the constitution gave more importance to fundamental rights than to the fundamental duties. Rights and duties go together. A right given to one person prevents another person from violating it thereby imposing a duty on him. Today, every one only wants to enjoy the benefits of the rights and no one lays importance on fulfilling their duties towards the society, country and human beings.

As far as the directive principles of the state policy are concerned, they too are not satisfactory since no strict implementation is practiced. These are those principles which the state has to keep in mind while making any policy or Law. For example, the equal distribution of material resources is to prevent resources from being concentrated in one or fewer hands.
Right to Education need to be given maximum importance. Even though compulsory education has been enforced, majority of Tanzanians remain uneducated. Private schools are too expensive for a poor man to educate his child, and the Government schools’ standards are deteriorating year year. Government schools, the only source of almost free education to all the child, need to be renovated to provide a healthier environment and teachers with better qualifications so that even a family belonging to the middle class or upper class does not hesitate sending their
children to a government school.

Kelson, a famous jurist said that every piece of legislation derives its validity from the constitution. Likewise is the situation in Tanzania, where all legislations derives validity from the constitution. Anything going against a provision can be challenged in the court Article 64(5). But when the constitution itself is flawed then how will any legislation be fit for the needs of the present society?

These are only a few glaring examples of our Constitution that lack competency and is ineffective in today’s fast moving world. There are many other defects, but what’s important is that these reforms should be dealt with a serious look. Running away from these problems will only make them pile on one another and make them even bigger . we need more participation of the citizens in bringing about these changes because we need see a clearer picture of our future.

Authored by, Edwin Muga.
Mugaedwin39@yahoo.com
0655-398434

Sunday, March 4, 2012

HARUSI YA BROTHER ERASTO MUGA NA MKE WAKE


MR. ERASTO-THE BRIDE GROOM, WITH HIS SWORN FRIENDS OSCAR AND BUTTA






Mr Erasto akiwa na dada lydia na Mzalendo na Bibi harusi





BwaNA & Bibib harusi wakitoka kufunga pingu





the Brides dancing during the send-off party






wakitoka kanisani

mr Erasto akiwa na mr Oscar na Mr Tito on a pose having a group pix


MZEE MUGA WITH HIS DAUGHTER- LYDIA GRAZING NEAR THE PARDOCK


AT A POSE, TAKING A GROUP PIX.