Ramadhan J.Suleiman, PhD Student, Zanzibar University
ABSTRACT
The establishment of new form of government has not been an easy task in many parts of the world including Zanzibar. It was the first time in the history of Zanzibar in 2010 that the Constitution of Zanzibar, 1984 introduced the new form and structure of government of the Revolutionary Government of Zanzibar known as the Zanzibar Government of National Unity(ZGNU) since its independence for the purpose of enhancing unity and democracy. This study used a doctrinal research method to make a critical analysis to air out the constitutional challenges facing the ZGNU. Doctrinal method has been used for two major reasons that the primary data for the study obtained from legislation and analyzing the Constitution of Zanzibar ,1984. Further, doctrinal legal research goes into legal doctrines through analysis of statutory provisions by the application of logic and reasoning which includes deductive and inductive reasoning, analogy on one hand and statutory interpretation on the other hand. Its main emphasis is on the analysis of legal rules and legal doctrines or legal principles. It is almost fourteen(14) years since the ZGNU has been constitutionally introduced in Zanzibar and the same ZGNU has also been in operation for almost eight(8) years now specifically from 2010 to 2015 and from 2020 to date.
This study has found that the ZGNU faces a lot of constitutional challenges that jeopardize its sustainability and exposes it at the high risk of its inexistence. Some of the identified constitutional challenges includes dependence of general election results as the main or key condition for forming the ZGNU and existence of high threshold of votes to be met by the participating political parties to qualify for forming the ZGNU. Therefore, for the purpose of sustaining or safeguarding the sustainable life of ZGNU in whatever election results, the Constitution of Zanzibar, 1984 should be reviewed and amended in several provisions.
Keywords: Constitution, Government of National Unity, Sustainability.
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