By
Adonis Byemelwa
Renowned
Tanzanian legal luminary and mathematician Prof. Issa Shivji has today 21st
August 2024 delivered a scathing critique on his X account, formerly Twitter,
condemning the government's controversial move to dissolve villages and hamlets
in Ngorongoro.
Acclaimed
for his unmatched expertise in probate and land laws, Shivji warned that this
drastic action not only strips residents of their local governments but also
poses a serious threat to grassroots democracy.
According
to the don, this decision contradicts Articles 145 and 146 of the Constitution,
which emphasize the devolution of power to the people and the establishment of
local governments. By eliminating these village authorities, the government
undermines grassroots democracy, denies villagers their constitutional right to
participate in governance, as outlined in Article 21(1), and deprives them of
the right to elect and be elected in their councils, akin to their counterparts
in other regions.
In
Shivji's view, the decision effectively disenfranchises the Maasai community in
Ngorongoro, raising alarm over the direction the country is taking. He
questioned the underlying motive behind this action, asking whether the Maasai
community is being treated as citizens or internally displaced persons. Given
Shivji's profound experience and standing, his comments have stirred
significant concern and debate, making it difficult to dismiss his warnings.
Over
the years, Prof. Shivji has been a vocal advocate for the rights of
marginalized communities, particularly the Maasai in Ngorongoro. He has
repeatedly criticized government policies that threaten the Maasai's ancestral
lands and way of life.
Shivji
has argued that the Maasai have faced systemic marginalisation and that
government actions, such as forced relocations and restrictions on land use,
violate their fundamental rights. He has called for the protection of the
Maasai's cultural heritage and land rights, emphasizing that development should
not come at the expense of indigenous communities.
His
comments on the current situation reflect his long-standing concern for the
Maasai and his belief in the importance of upholding constitutional principles.
On
August 20, 2024, the Tanzanian government announced a major reorganization of
local administrative boundaries under Government Notice No. 673. This new
decree, effective immediately, redraws the administrative map across several
districts, including Ngorongoro, Bahi, Chemba, Kasulu, Kakonko, Hai, and Rombo.
The announcement comes at a time of heightened tension, particularly in
Ngorongoro, where the Maasai community has been staging vigorous protests
against the government's policies.
The
administrative overhaul includes the removal and realignment of numerous wards,
villages, and hamlets. In Ngorongoro, for instance, several villages such as
Meshili, Naiborajijik, and others have been eliminated or merged with
neighboring areas.
The
reorganization also affects villages and wards in other districts, with
significant changes in places like Bahi, where villages like Chang’ombe and
Mwongozo are being reorganized, and Kasulu, which sees alterations to villages
including Mugombe and Buchuma.
Minister
for Regional Administration and Local Government (PO-RALG), Mohamed Omary
Mchengerwa, defended the reforms, stating they are intended to improve
administrative efficiency and governance. “These changes are aimed at
streamlining local government operations and enhancing service delivery across
various districts,” Mchengerwa explained in a statement.
The
Tanganyika Law Society (TLS) has delivered a scathing critique of the Tanzanian
government's recent decision to nullify certain villages and hamlets within the
Ngorongoro area, sparking further outrage among the Maasai community.
TLS President Boniface Mwabukusi, a respected
legal figure, has publicly challenged the legal basis of the government's
actions, accusing the Minister of State in the President’s Office, PO-RALG, of
misinterpreting the law.
Mwabukusi
denounced the Minister's use of Section 30 to justify the nullifications,
describing it as a "distortion and contrary to legal principles." He
argued that the Minister has no authority to erase villages, particularly those
that have been home to indigenous communities for generations.
"Section
30 is clear about the Minister’s powers, but nowhere does it grant the
authority to nullify these villages," Mwabukusi stated, demanding that the
government reveal the specific legal framework it claims to be following.
This
strong rebuttal comes at a time of escalating tension in Ngorongoro, where the
Maasai community has been staging vigorous protests against the government's
administrative reorganization. The new decree, which redraws the administrative
map across several districts, including Ngorongoro, has ignited widespread
anger among the Maasai, who fear that their traditional land rights are under
threat.
