The Government, Constitution,MKUKUTA,HIV/ AIDS

Topic One: The Government

Introduction

A government is that organ of the state which deals with public administration. It is machinery that regulates the affairs of the state including implementing laws, compelling obedience for all citizens and exercising monopolistic control over the instrument of coercion.

Meaning of the government

•      A government is an institution that makes and enforces public policies for and on a society. Public policies are the things that a government wants to do in its involvement with society

•      Is an organ of the state that have power and authority to make decisions for the society

A state

•      A state is an organized political community living under one government.

•      A State may be sovereign or not. Some states are subject to external sovereignty or hegemony where ultimate sovereignty lies in another state

•      A state

•      A state is a composition of people, territory/land,  Sovereignty and the  Government,

Sovereignty

•      Supremacy of authority or rule as exercised by a sovereign country or sovereign state. A state where a country is free to govern itself

•      Supreme political authority, the supreme will, supreme power or paramount control of the constitution and frame of government and its administration

A country

•      A country is a region legally identified as a distinct entity in political geography.

•      It is a geographical space bounded by international recognized boundaries.

•      According to Oxford advanced learners Dictionary,8^th edition, a country is geographical area that has or used to have its own government.

•      It can simply be defined as the land occupied by people(Nation)with international recognized boundaries

Nation

•      A nation is group of people united together for a common purpose.

•       Everyone who cares about what you are doing – your fans, followers, constituents, members, donors, volunteers, customers, shareholders, and partners – are all part of a nation

A nation

•      A nation is a cultural-political community that has become conscious of its coherence, unity, and particular interests.

•      A nation is an ethnic community sharing  history, elements of distinctive culture, a common territorial association, and sense of group solidarity.

•      In simple words a words nation refers to a large group of people who share a common language, culture, ethnicity, descent, or history and who have sense of group solidarity

Why the government?

•      To protect a country from invasion which would destroy people’s way of life and prevent them from being happy

•      To maintain the laws necessary to create a realm of freedom in which people can live a moral and meaningful life and thus be happy and fulfilled

Why the government?

•      To collect revenue for the development of the country. Citizen pay taxes to the government which, in turn, provides social socials services to the people.

•      To establish justice. A government is supposed to provide justice for its people

•      A government is supposed to keep its peace. Most people don't enjoy living in chaos.

Branches of the government

•      In other writings they are also known as branches of the state. In many countries such as Tanzania, they include the following

•      The executive

•      The legislature

•      The judiciary

The executive

•      This is an organ of the state which has power and authority to enforce public policy 

•      The Executive of the United Republic comprises the President , the Vice-President, President of Zanzibar, the Prime Minister and the Cabinet Ministers. The President is the Leader of the Executive of the United Republic of Tanzania.

•      The Vice President is the principal assistant to the President in respect of all matters in the United Republic   generally and in particular is responsible for assisting the President in.

•      Making a follow-up on the day-today implementation of Union Matters;

•      Performing all duties assigned to him by the President; and

•      Performing all duties and functions of the office of the President when the President is out of office or out of the country.

Functions of the Executive of the United Republic of Tanzania

•      Carries out and enforces laws so as to protect individual rights.

•       To execute the public policies of the country such as health policy, education policy agricultural policy and among others

•      Implement all decision reached by the legislature

•      Provides national defense and security .See  the president who has the power to order operation of defense of the united republic of Tanzania

•      Regulate international co-operation. For example the president performs the function of signing treaties with foreign countries.

•      Plans and implements social and economic development project

The parliament/ legislature

•      This is the law making branch of the government

•      It consists of two parts namely  the President and the National Assembly.

•      The President Exercises authority vested in him by the constitution to assent the law a necessary aspect in the completion of the enactment process.

The legislature

•      The National Assembly is the principal organ of the United Republic and has authority on behalf of the people to oversee and advise the Government of the United Republic and all its organs in the discharge of their respective responsibilities

Composition of the legislature

•      Members elected directly to represent constituencies ;

•      five members elected by the House of Representatives from among its members ;

•       the Attorney General ;

•      ten members nominated by the President; and

•      women members being not less than 30% of the members of all other categories on the basis of proportional representation among those parties in the Parliament

Functions of the parliament

•      To put any question to any Minister concerning public affairs in the United Republic which are within his/her responsibility.

•       To debate on the performance of each Ministry during the annual budget session of the National Assembly

•      To deliberate upon and authorize any long or short-term plan which intended to be implemented in the United Republic and enact a to regulate the implementation of that plan;

•      To enact legislation where implementation requires legislation; and

•      To deliberate upon and ratify all treaties and agreements to which United Republic is party to and the provisions of which require ratification

The judiciary

•      This is an organ of the state responsible for the interpretation of the laws made by the legislature

•      In Tanzania, the judiciary consists of the Court of Appeal of the United Republic of Tanzania, High Courts for Mainland Tanzania and Tanzania Zanzibar, The Judicial Service Commission for Tanzania Mainland and, The Magistrates Courts and Primary Courts

Functions  of the judiciary 

•      Reviewing laws

•       Deciding cases involving states' rights

•      Settling disputes between people

•      Protecting the rights of individuals

•      Interpreting the law of the country

•      Upholding laws that protect the rights of people to equal opportunity

•      Helping in the development of any laws and acting as a guardian of the national constitution.

•      To provide and maintain justice 

THE CONSTITUTION

Meaning of the constitution

•      The constitution is the system of laws and basic principles by which a country or an organization is governed. 

•      The national constitution is the basic law of the country to which all other laws are derived from. Any law which is against the constitution is invalid (Null and void)

•      It is a body of fundamental principles from which a nation is governed

Meaning (ctd)

•      It also contains the fundamental principles that outline the purpose, structure and limits of the country. In short it is the mother law of the country

•      It provides for  the framework through which the state affairs are administered. It creates the principle organs of the state, their powers as well as limitations.

Features of the Constitution

•      The Constitution establishes the state, its government, defining the power and limits of the three arms of the state i.e. the Parliament, the Judiciary and the Executive.

•      The Constitution defines the borders of a particular territorial state, common ideology followed by its people, means of transferring powers in the system of governance etc.

Features of the constitution

•      The constitution also contains fundamental rules on how the government is to be organized,

•      It declares the powers and limits of each of the organ of the state. E.g Art. 4, and Parts II, III and V of the URTC.

•      There are three organs of the state:

–     The Executive

–     The Legislature/Parliament

–     The Judiciary

Features in  summary

•      It establishes the title, functions, and powers of the head of state.

•      It establishes the structure, composition, power and functions of the judiciary

•      Other features ??????? Students ………………………………………………………………………………………………………………………………………………………………………………………………………….

Importance (ctd)

•      Provides an organizational framework for government organs i.e. (Executive, legislature and the Judiciary)

•      A constitution is the supreme law of any country from which all other laws whether written or unwritten derive their validity. This means that, no law is valid if it contravenes the provisions of the constitution

Types of the constitution

•      There are various types of the constitutions as propounded by various scholars. For example, other scholars argue that there are two types of the constitution. That is Federal and Unitary constitution while other argue that there are Presidential and Parliamentary Constitution

Types of the constitution

•      Since there is a debate on the types of the constitution as we discussed in the previous Lecture and came up with a conclusion that this Course will be guided by two type of the Constitution

•      1. Written constitution

•      2. Unwritten constitution

Written Constitution

•      It is the type of the constitution in which fundamental principles are written down in a single documents.

•      It is some time called codified constitution  in which various or several documents are spelt out in a single document

•      constitution is that in which the principles are enshrined in one single document

Written Constitution

•      In Tanzania there are two written constitutions, that is:

–     The Constitution of the United Republic of Tanzania of 1977 (as amended from time to time) for the Union as well as for Mainland Tanzania and;

–     The Zanzibar Constitution of 1984 (as amended) for the isles of Unguja and Pemba.

Unwritten constitution

•      It is a type of the constitution in which several documents are not spelt out in a single document. They are written down separately.

•      Unwritten constitution is that in which the

    principles thereto constitute or contain various documents, also the principles can be found in practice. Example the Great Britain (UK)

Principles of the constitution

•      Separation of powers

•      Independent of the judiciary

•      Supremacy of the parliament (parliamentary supremacy)

•      Principle of rule of law.

•      Sovereignty of people.

•      Representative parliament.

Separation of powers

•      This principle requires that all legislative functions are performed by the Parliament and the adjudicative functions are performed by the judiciary while the Executive is left with the function of enforcement of the laws.  See article 4 of the CURT, 1977  as amended in 2005.

Independency of the Judiciary

•      This principle clearly states that the authority to dispense justice and to provide final decision  in the United Republic is vested in the judiciary .

•      That, the decision of the judiciary shall be final and conclusive . See article 107A(1) of the Constitution of the United Republic of Tanzania.

Rule of law

•      This means that the exercise of power should be in accordance with the rules and laws and power is to be exercised within this rules and laws and not according to personal desires. Every individual or institution which exercises authority or public power has to justify it by reference to the law

Elements of rule of law

•      Political or public power is in accordance with rules and laws.

•      The law should have been made by representative body who is authorized to do so

•      The law should be fair.

•      The makers of the law should not be the same people who determine what the law means.

•      Law should treat all human beings equally

•      Law should not be opposite to basic human rights.

Parliamentary supremacy

•      Means the parliamentary is the only organ which is vested with power to make and amend the law depending on the needs of the community and the government.

•       However the parliament can delegate such authority to other relevant organs in order to make or amend the law

Sovereignty of the people

•      That, people provide authority and power to the government ; thus the state and its organs drive their power from the people. This power is provided under Article 8 sub article (1) paragraph (a) of the Union Constitution of 1977 as amended in 2005.

Representative democracy

•      That those with power and authority to make or unmake the law are elected by the people .

•      Therefore  they are the representatives of the people.

•      In this case, they are the MPs

•      They are elected regularly  to hold office for a period of five years.

•      Election is held after every five years

Respect of human rights

•      In any constitution, human rights must clearly be observed . For example  article 12 to 29 of the constitution of the united  republic of Tanzania  provides for the human rights in the country.

•      Violation of these rights may result an into individual or an organization to challenge before the court of law.

Overview: Read

•      The meaning of the constitution

•      Types of the constitution

•      Importance or functions of the constitution

•      Features or characteristics of the constitution

Principles of the constitution

MKUKUTA Guidelines
RM 5210

MKUKUTA

•      MKUKUTA is a Kiswahili acronym for the National Strategy for Growth and Reduction of Poverty. This strategy is the development framework for the current five year phase (2005-2010). It forms part of Tanzania's efforts to deliver on its national Vision 2025.

MKUKUTA: Background information

•      The National Poverty Reduction Strategy, was adopted by the Cabinet and Parliament in early February 2005. In 2010 it was reviewed and the current second version, MKUKUTA II, is to be implemented between 2010/11 and 2014/15. MKUKUTA II makes linkages with Vision 2025 and is committed to the Millennium Development Goals (MDGs) as internationally agreed targets for reducing poverty.

Broader objectives of MKUKUTA

•      MKUKUTA aims to reduce poverty through three broad outcomes: growth and reduction of income poverty; improved quality of life and social well being; and Good governance and accountability.

1.      Growth  and reduction of income poverty

2. Pursuing Sound Macroeconomic Management
3.  Reducing Income Poverty Through Promoting Inclusive, Sustainable, and Employment-Enhancing Growth and Development
4.  Ensuring Creation and Sustenance of Productive and Decent Employment, Especially for Women, Youth and People with Disabilities

1.      Growth and reduction of income poverty  (c.t.d)

Ensuring Food and Nutrition Security, Environmental Sustainability and Climate Change Adaptation and Mitigation

 Proper utilization of National Resources (both within and outside) for Enhancing Growth and Benefits to the Country at Large and Communities in Particular, Especially in Rural Areas

·          Improvement of Quality of Life and Social Well-being

·         Increasing Access to Affordable Clean and Safe Water; Sanitation and Hygiene

·         Developing Decent Human Settlements While Sustaining Environmental Quality.

·         Providing Adequate Social Protection and Rights to the Vulnerable and Needy Groups

2.      Improvement of Quality of Life and Social Well-being (ctd)

3. Ensuring Equitable Access to Quality Early Childhood Development (ECD) Programs, Primary and Secondary Education for all Girls and Boys
4.  Ensuring Expansion of Quality Technical and Vocational Education and Training, Higher Education, and Adult, Non-Formal and Continuing Education
5.  Improving Survival, Health, Nutrition and Well Being, Especially for Children, Women and

Vulnerable Groups

3. Good governance and accountability

•      Ensuring Systems and Structures of Governance Uphold the Rule of Law and are Democratic, Effective, Accountable, Predictable, Transparent, Inclusive and Corruption-Free at all Levels

3. Good governance and accountability (ctd)

•      Improving Public Service Delivery to all, Especially to The Poor and Vulnerable

 Promoting and Protecting Human Rights for all, Particularly for Poor Women, Children, Men and the Vulnerable, Including People Living With HIV/AIDS

3. Good governance and accountability (ctd)

•      Ensuring National and Personal Security and Safety of Properties

•       Promoting and Preserving Culture of Patriotism, Hard Work, Moral Integrity, and Self-Confidence

Question : students

•      Describe the objectives and achievements of MKUKUTA

•      Describe the achievements and challenges of  MKUKUTA

HIV/ AIDS

•      HIV (human immunodeficiency virus) is a virus that attacks the immune system, the body's natural defense system. Without a strong immune system, the body has trouble fighting off disease. Both the virus and the infection it causes are called HIV.

•      White blood cells are an important part of the immune system. HIV infects and destroys certain white blood cells called CD4+ cells. If too many CD4+ cells are destroyed, the body can no longer defend itself against infection.

•      The last stage of HIV infection is AIDS (acquired immunodeficiency syndrome). People with AIDS have a low number of CD4+ cells and get infections or cancers that rarely occur in healthy people. These can be deadly.

•      But having HIV doesn't mean you have AIDS. Even without treatment, it takes a long time for HIV to progress to AIDS—usually 10 to 12 years

•      When HIV is diagnosed before it becomes AIDS, medicines can slow or stop the damage to the immune system. If AIDS does develop, medicines can often help the immune system return to a healthier state.

•      With treatment, many people with HIV are able to live long and active lives.

Types of HIV

•      HIV-1, which causes almost all the cases of AIDS worldwide

•      HIV-2, which causes an AIDS-like illness. HIV-2 infection is uncommon in North America

Causes

•      HIV infection is caused by the human immunodeficiency virus. You can get HIV from contact with infected blood, semen, or vaginal fluids

•      Most people get the virus by having unprotected sex with someone who has HIV

Ways of transmission

•      Another common way of getting it is by sharing drug needles with someone who is infected with HIV.

•      The virus can also be passed from a mother to her baby during pregnancy, birth, or breast-feeding.

•      NB: HIV doesn't survive well outside the body. So it can't be spread by casual contact like kissing or sharing drinking glasses with an infected person.

Ways of transmission

•      Sexual intercourse with infected partner

•      Transfusion of  infected blood to a safe person

•      Sharing of sharp materials

Ways of transmission

•      Sexual intercourse with infected partner

•      Transfusion of  infected blood to a safe person

•      Sharing of sharp materials

Symptoms

•      Loss of body weight ( about 10%) of the normal body weight

•      Frequent fever

•      Diarrhea 

•      Vomiting

•      Loss of appetite

•      Skin rashes

•      Dry cough

Symptoms of HIV /AIDS

•      Organize in a group of five students and then list down at least ten symptoms of AIDS

 …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

Question for discussion

•      Identify and describe the causes and effects of HIV/AIDS at the work place