The Magufuli Effect

I am curious: Saturday is Jamhuri Day, December 12. Is there a obligation for the Government to lead the celebrations? I mean, is there a requirement for the President to read a speech at Nyayo Stadium or Uhuru park, and have the same speech read in the forty six remaining counties by his Commissioners? Is there a requirement for the forty two governors to lead the celebrations in their counties? Other than it being a public holiday, what are our obligations vis-a-vis Jamhuri Day, and for that matter Madaraka Day and Mashujaa Day?

I ask because John Pombe Magufuli "cancelled" celebrations for Tanzania's Independence Day. What that entails, I imagine, is that funds that may have been earmarked for the event will not be spent on the event. As reported, he has directed that the funds be spent on hospital equipment - beds and the like because many Tanzanians admitted in public hospitals lacked beds to sleep in, something he confirmed when he paid an impromptu visit to a public hospital.

I also ask because there seems to be a school of thought that demands the enactment of a law to cancel such celebrations. Kenya has the Public Holidays Act, Chapter 110 of the Laws of Kenya, which provides for which days shall be public holidays and how public holidays that fall on a Sunday shall be treated. Kenya also has Article 9(3), (4) and (5) on national days which shall be public holidays. Both the Constitution of Kenya and the Public Holidays Act are maddeningly silent about what should be done on a national day.

Before you lose your head, the Finance Act has little to do with national days' celebrations; a Finance Act usually amends laws that affect the national finances of Kenya (Banking Act, Capital Markets Authority Act, Central Bank of Kenya Act, Insurance Act, National Social Security Fund Act, National Hospital Insurance Fund Act, and the like.) It is the Appropriations Act that would appropriate money for the celebration of national days. 

The appropriation by Parliament is usually made to the Office of the President or, more likely, the Ministry of Interior and Co-ordination of National Government. Either way, the President has the discretion to spend the appropriated sum for the purpose it was appropriated: celebration of a national day. I am yet to find a definition of "celebration of national day" either in the Constitution, the Public Holidays Act or the Interpretation and General Provisions Act, Chapter 2 of the Laws of Kenya.

Kenya's and Tanzania's public finance infrastructure is quite similar so it is likely that Tanzania has similar arrangements, both constitutional and statutory when it comes to national days. It is likely that a similar interpretation of the law permits the President of the United Republic of Tanzania to declare that purchasing hospital beds is more in keeping with the celebration of Tanzania's Independence Day than holding a parade at which military hardware will be displayed and the President, as Commander-in-Chief, will take the salute at a parade of his armed forces.

This would not require the enactment of a specific law, nor would it require the re-allocation of monies appropriated to the Office of the President or responsible ministry. Indeed, it wouldn't even require a drastic change in policy, if a policy on national days even existed at all. It is the Information Age and where President Magufuli will need to adapt is on the need to inform the people of the reasoning behind his "many declarations" and whether they are founded on an interpretation of the law or a policy that he is pursuing for the good of the people. He cannot Lone Wolf it all the way to the next election or he will be called high-handed, or a dictator.