Pan-Africanism or Pragmatism: Lessons of the Tanganyika-Zanzibar Union

Appendix 5: Ratification Law purportedly passed by Zanzibar Legislature

Appendix 5 GOVERNMENT NOTICE No. 243 published on 1/5/64 THE UNION OF ZANZIBAR AND TANGANYIKA LAW, 1964 It is hereby notified that the following law was made by the Revolutionary Council of Zanzibar in conjunction with the Cabinet of Ministers thereof, on twenty-fifth day of April, 1964. Dar es Salaam. P. R. NINES FIFOOT, 27th April, 1964 Ag. Solicitor-General A LAW TO RATIFY THE ARTICLES OF UNION BETWEEN THE PEOPLE’S REPUBLIC OF ZANZIBAR AND THE REPUBLIC OF TANGANYIKA, TO PROVIDE FOR THE GOVERNMENT OF THE UNITED REPUBLIC AND OF ZANZIBAR, TO MAKE PROVISION FOR THE MODIFICATION AND AMENDMENT OF THE LAW OF ZANZIBAR FOR THE PURPOSE OF GIVING EFFECT TO THE UNION, AND FOR MATTERS CONNECTED THEREWITH AND INCIDENTAL THERETO. WHEREAS by Articles of Union entered into between the Government of the People’s Republic of Zanzibar and the Government of the Republic of Tanganyika on the twenty-second day of April, 1964, it was agreed that, subject to the enactment of laws by the Revolutionary Council in conjunction with the Cabinet of Ministers of Zanzibar, and by the Parliament of Tanganyika , ratifying the said Articles and providing for the government of the United Republic and of Zanzibar in accordance therewith, the said Republics shall be united in one Sovereign Republic. THEREFORE, in exercise of its Supreme Authority in the People’s Republic of Zanzibar, the Revolutionary Ratification Law purportedly passed by Zanzibar Legislature 273 Council in conjunction with the Cabinet of Ministers hereby makes the following Law:– 1. This Law may be cited as the Union of Zanzibar and Tanganyika Law, 1964, and this Law and the Act of Tanganyika entitled the Union of Tanganyika and Zanzibar Act, 1964, may be together cited as the Acts of Union of Tanganyika and Zanzibar. 2. In this Law, unless the context otherwise requires :- “existing Law” means the written and unwritten law as it exists immediately before Union Day (including a law enacted or made by any enactment or instrument passed or made before, and coming into operation after, that day), but does not include any declaration or law, or any provision thereof, which expires with effect from the commencement of the interim Constitution; “the interim Constitution” means the constitution declared by section 5 to be the Constitution by which the United Republic is to be governed during the interim period, as from time to time modified or amended; “the interim period” means the period commencing on Union Day and expiring immediately before the commencement of a Constitution adopted by a Constituent Assembly in accordance with section 9; “Union Day” means the day following the day on which the Acts of Union of Tanganyika and Zanzibar are enacted, or, if they are enacted on different days, the day following the day of the later-enactment. 274 Appendix Short title Interpretation 3. The Articles of Union between the Government of the People’s Republic of Zanzibar and the Republic of Tanganyika (which Articles are set out in the Schedule to this Act) are hereby approved and ratified. 4. The People’s Republic of Zanzibar and the Republic of Tanganyika shall, upon Union Day and ever after, be united into one Sovereign Republic by the name of the United Republic of Tanganyika and Zanzibar. 5. (1) Subject to the provisions of this section and to any Act of the Parliament of the United Republic whereby the provisions of the Interim Constitution of the United Republic may be altered, the United Republic shall be governed during the interim period in accordance with the provisions of the Constitution of the Republic of Tanganyika as so modified as to provide- (a) for the reservation to the Parliament and Executive of the United Republic of the following matters: i ) The Constitution and Government of the United Republic; ii) External Affairs; iii) Defence; iv) Police; v) Emergency Powers; vi) Citizenship; vii) Immigration; viii) External trade and borrowing; ix) The Public Service of the United Republic; x) Income tax, corporation tax, customs and excise duties; xi) Harbours, Civil aviation, Posts and telegraphs; and for the exclusive authority of the said Parliament and Executive in such matters throughout and 275 Appendix Ratification of Articles of Union Declaration of the United Republic Iterim Constituton of the United Republic for the United Republic and in all other matters in and for Tanganyika; (b) for a separate Legislature and Executive for Zanzibar constituted in accordance with the...