NAME: MAHENDA STEPHEN MAHENDA

STREAM 1: LLB 73761

RE: LEGAL OPINION ON ADVISING THE MINISTRY OF CONSTITUTION AND

NALIMA HUMAN RIGHT ORGANIZTION CONCERNING OUR PREAMBLE IN

TANZANIA.

1. Introduction.

The director of Nalima Human right organization said that Tanzania is not a socialist state

but it has some elements of socialism but the ministry of constitution and legal affairs said

that our preamble shows that there is sovereignty of the people which is the key foundation

of the constitution also he believed our preamble is based on the wishes of people of

Tanzania and also said that the phrase socialism in our preamble is immaterial. And soon

Nalima Human right organization will make Tanzania people to be aware that we the people

need to influence to the change of constitution focus from socialism to capitalism.

2. Identified issues

These are issues which advise the ministry of constitution and Nalima Human right

organization;

1. Whether our preamble in Tanzania is substantive or symbolic in nature

2. Whether there is a technical knowhow and procedures that the phrase socialism in our

preamble may be altered and the same replaced with the phrase capitalism.

3. Applicable laws

1
 1. The United Republic of Tanzania articles 3(1)

2. The constitution preamble

3. The United Republic of Tanzania articles 9(c),(d)

4. Discussion of Law and Facts

1. Whether our preamble in Tanzania is substantive or symbolic in nature.

Our preamble in Tanzania is symbolic in nature because;

 It defines the historical background behind the enactment of the constitution with

the same culture, norms and standards in the society with the common

understanding and requirement of people.As shown in Constitution preamble

paragraph 1.

 Most of countries which use common law were under British colonial rule,

therefore they adopted the British constitution and United Republic of Tanzania is

one of the countries which adopted common law.

 It has no function but provides the content and context of the constitution and

cannot be used in interpreting the constitution. Refer to the United Republic

Constitution in page 10

2. Whether the phrase socialism in our preamble may be altered and the same replaced with

the phrase capitalism.

Socialism refers to the mode of production where by all major means of production

are owned by the government such as land.

NAME: MAHENDA STEPHEN MAHENDA STREAM1: LLB 73761

2
 Capitalism refers to the mode of production where by major means of production are

owned individually.

The phrase socialism cannot be altered or replaced by capitalism because;

 According to the United Republic Constitution of Tanzania, Articles

3(1)shows that there is socialism in Tanzania whereby people have their rights

and freedom for example freedom of worship this shows that Tanzania is also

a secular state.

 According to the United Republic of Tanzania constitution, Article 9(c) states

that “activities of the government are conducted in such a way as to ensure

that the national wealth and heritage are harnessed, preserved and

applied for the common good and also to prevent the exploitation of one

person by another”. The article shows that all major means of productions like

mountains and national parks are owned by the government and the collected

revenue are used for country development for example improvement of

infrastructure and provision of social services to the people.

5. Opinions

a) I would like to advise the ministry of constitution and Nalima Human right organization

that preamble of Tanzania should be socialism but not replaced by the phrase capitalism

because in Article 3(1) it states that “the United Republic is a democratic, secular and

socialist state which adheres to multi-party democracy” this shows there is mixed economy

in Tanzania and has both element of capitalism and socialism.

3
 NAME: MAHENDA STEPHEN MAHENDA STREAM1: LLB 73761

b) I would to advise the ministry of constitution and Nalima Human right organization in

Tanzania there is socialism because all the major means of production are owned by the

country but there is relationship between rulers and the ruled because the revenue

collected from these major means of production are used to improve the standard of

living of people and brings country’s development through provision of social services as

shown the in Constitution of United Republic of Tanzania in article 9(c) states that “ that

activities of the government are conducted in such a way as to ensure that the national

wealth and heritage are harnessed, preserved and applied for the common good and also

to prevent the exploitation of one person by another”.

Be advised accordingly

MAHENDA STEPHEN MAHENDA

LAW STUDENT

4
5
6
7