The United Republic of Tanzania in the East African Community

ISBN 978-3-89645-642-7

The United Republic of Tanzania in the East African Community

Legal Challenges in Integrating Zanzibar

Author: Mahadhi Juma Maalim. Series edited by: Tanzanian-German Centre for Eastern African Legal Studies.

Series: Tanzanian-German Centre for Eastern African Legal Studies, TGCL Research Series Volume 2

18 pp. Roman, 215 pp.
Text language(s): English
Format: 170 x 240 mm
390 g
€ 39.80

Regional integration requires the ceding or pooling of some elements of sovereignty by member states to enable regional organs and institutions to implement the objectives for which such institutions are created. In the case of Tanzania’s participation in the East African Community (EAC), this involves the ceding of sovereignty over certain matters which only one part of Tanzania – Zanzibar – has jurisdiction over.

In this study, Mahadhi Juma Maalim explores how the unique Union of Tanzania, which has a two-government structure and provides for Zanzibar’s exclusive jurisdiction on non-union matters, poses legal and political challenges with respect to integrating Zanzibar in the EAC and the implementation of EAC commitments.

The author asserts that the integration of Zanzibar in the EAC raises legal and constitutional challenges because the EAC covers many matters which are within the “exclusive jurisdiction” of Zanzibar. Zanzibar, on the other hand, although an autonomous entity within Tanzania, cannot participate directly in the EAC since it is not a sovereign State.

A critical analysis of the position and extent of the autonomy of Zanzibar within the Tanzanian constitutional set-up and in the EAC reveals serious challenges facing the integration of Zanzibar into the EAC in relation to Zanzibar’s non-union matters. The Tanzania (Union) Government has neither the authority to commit Zanzibar to the EAC nor any mandate to change the laws and administrative arrangements existing in Zanzibar to make them EAC compliant. The study recommends some special arrangements that need to be adopted if Zanzibar is to be fully integrated into the EAC.

About the author:

Mahadhi Juma Maalim obtained his PhD and LLB from the University of Dar es Salaam, Tanzania. He obtained his LLM (Hons) from Auckland University, New Zealand, and LLM in Public Laws from the University of Cape Town, South Africa. He is currently involved in politics as a Member of Parliament for Muyuni Constituency in Zanzibar and as the Deputy Minister of Foreign Affairs and International Co-operation of the United Republic of Tanzania. He is also an Advocate of the High Court of Zanzibar and High Court of Tanzania and courts subordinate thereto.
Before joining politics, Mahadhi also served as the Corporation Counsel of the Peoples’ Bank of Zanzibar, Company Secretary and Legal Adviser of the Zanzibar Telecom Ltd (ZANTEL), Programme Analyst at the United Nations Development Programme, Zanzibar Sub-Office, Secretary General of the Zanzibar Law Society, Board Member of the Eastern African Centre for Constitutional Development (Kituo cha Katiba) and Principal Secretary of the Ministry of Constitutional Affairs and Good Governance in Zanzibar.

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