UNITED REPUBLIC OF TANZANIA

SPECIAL PARLIAMENT

FINAL DRAFT OF THE PROPOSED CONSTITUTION

OCTOBER, 2014

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FINAL DRAFT OF THE PROPOSED CONSTITUTION

_________CONTENTS

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PREAMBLE

CHAPTER ONETHE UNITED REPUBLIC OF TANZANIA

ArticlePART ONE

TITLE, BOUNDARIES, SYMBOLS, LANGUAGE AND NATIONAL VALUES

1. The United Republic of Tanzania 2. Territory of the United Republic of Tanzania 3. Symbols and National Holidays 4. National Language and alternative communication 5. National Values 6. Principles of good governance

PART TWOAUTHORITY OF THE PEOPLE, LOYALITY AND SAFEGUARD OF THE

CONSTITUTION

7. Authority of the citizen 8. The People and the Government 9. Authority and obedience of the Constitution 10. Safeguard of the Constitution

CHAPTER TWOFUNDAMENTAL OBJECTIVES, DIRECTIVE PRINCIPLES OF THE STATE AND NATIONAL POLICIES

PART ONEFUNDAMENTAL GOALS

11. Fundamental Goals PART TWO

POLITICAL GOALS

12. National political Goal

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PART THREEECONOMIC, SOCIAL AND CULTURAL GOALS

13. National Economic Goal 14. National Social Goal 15. National Cultural Goal

PART FOURRESEARCH, DEVELOPMENT VISION, PLANS AND IMPLEMENTATION OF NATIONAL GOALS

16. Research on Development 17. National Vision on Development 18. Planning Commission of the United Republic 19. Implementation of the National Goals20. Commission for Science and Technology 21. Application of Conditions contained in Chapter Two

PART FIVEFOREIGN POLICY

22. Foreign Policy CHAPTER THREE

LAND, NATURAL RESOURCES AND ENVIRONMENT

23. Land in the United Republic 24. Better use of land 25. Compensation 26. Natural resources 27. Environment

CHAPTER FOURETHICS AND CODE OF CONDUCT FOR PUBLIC LEADERSHIP AND

PUBLIC SERVICE PART ONE

CONDUCT OF PUBLIC LEADERSHIP AND PUBLIC SERVICE

28. Responsibility of public leadership 29. Code of public leadership

PART TWOETHICS OF PUBLIC LEADERSHIP

30. Obedience of public leadership ethics iii

31. Non-acceptability of some actions

CHAPTER FIVEHUMAN RIGHTS, DUTY OF THE CITIZENS, SOCIETY AND THE AUTHORITY OF THE STATE

PART ONEHUMAN RIGHTS

32. Freedom, dignity and human equality 33. Right to life 34. Prohibition against discrimination 35. Right to be free from slavery 36. Right of an individual freedom 37. Right of privacy and personal security 38. Right to freedom of movement 39. Freedom of opinion 40. Freedom of information and of the mass media 41. Freedom of religious belief 42. Person’s freedom of association and to associate with others 43. Freedom to participate in public affairs 44. Right to work 45. Rights of workers and employers 46. Rights of peasants, livestock keepers, fishermen and miners 47. Right to own property 48. Right of a suspect and a prisoner 49. Right of a person in custody or in detention 50. Freedom and right to clean and safe environment 51. Right of good health and clean and safe water 52. Right to education 53. Rights of a child 54. Rights and duty of the youth 55. Rights of the people with disability 56. Rights of minority groups in the society 57. Rights of women 58. Rights of the aged 59. Freedom of knowledge, creativity, innovation and artistry

PART TWO

DUTIES OF THE CITIZEN, COMMUNITY AND AUTHORITY OF THE STATE AND LIMITATIONS OF HUMAN RIGHTS

(a) Duty of the Citizen and the Community to the Nation

60. Duty of the citizen and the community 61. Duty to participate in work

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62. Duty to safeguard public property 63. Fundamental rights and duties

(b) Duty of the State Authority

64. Protection of human rights 65. Supervision of human rights

(c) Limitations of Human Rights

66. Limitations of human rights 67. Law on rights, freedom and duty

CHAPTER SIXCITIZENSHIP IN THE UNITED REPUBLIC

68. Citizenship of the United Republic 69. Right to citizenship 70. Citizenship by birth 71. Citizenship by registration 72. Special status for people of Tanzania origin

CHAPTER SEVENSTRUCTURE OF THE UNITED REPUBLIC

73. Structure of the Union 74. Execution of the functions of the State Authority 75. Authority of the Government of the United Republic 76. Authority of the Revolutionary Government of Zanzibar on non-union matters 77. Relationship between the Government of the United Republic and the

Revolutionary Government of Zanzibar 78. Obligation of senior leaders to safeguard the Union

CHAPTER EIGHTGOVERNMENT OF THE UNITED REPUBLIC

PART ONETHE GOVERNMENT, PRESIDENT AND VICE PRESIDENT

(a) The Government

79. Government of the United Republic

(b) The President

80. The President of the Unite Republic v

81. Powers and responsibilities of the President 82. Execution of powers of the President 83. President to take advice 84. President to be unable to discharge the functions of his office 85. Procedure to fill the position of a President before the President completes his/her

tenure of office 86. Discharge of the functions of the President where the President is absent

(c) Election of the President

87. Election of the President 88. Qualification for election of the President 89. Procedures for the election of the President 90. Complains on the legality of the Presidential election 91. The Oath of the President and the tenure of office 92. The right to be reelected

(d) Specific conditions in relation to the powers of the President

93. Power to declare war 94. Power of the President to declare state of emergency 95. Power of President on Prerogative of mercy 96. Immunity from criminal and civil proceedings 97. Impeachment by the National Assembly 98. Benefits of the President

(e) The Vice-president

99. The Vice-President of the United Republic 100. Nomination of the First Vice-President 101. Responsibilities of the First Vice-President 102. Tenure of office the First Vice-President 103. National Assembly to impeach the First Vice-President 104. The First Vice-President to be unable to discharge the functions of his office 105. Nomination of the First Vice-President when the position falls vacant 106. Oath of the First Vice-President 107. The Second Vice-President 108. The Third Vice-President 109. Benefits of the Vice-Presidents

PART TWOTHE PRIME MINISTER AND THE CABINET OF THE GOVERNMENT OF

THE UNITED REPUBLIC

(a) The Prime Minister

110. The Prime Minister of the United Republic 111. Functions and Authority of the Prime Minister

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112. Accountability of the Government 113. Vote of no confidence against the Prime Minister

(b) The cabinet

114. The Cabinet 115. Appointment of Ministers and Deputy Ministers 116. Qualifications for appointment of Minister and Deputy Minister 117. Oath, tenure of office and terms of office for Minister and Deputy

Minister

(c) Attorney General of the Government of the United Republic

118. Attorney General of the Government of the United Republic 119. Deputy Attorney General

(d) Director of Public Prosecution

120. Director of Public Prosecution

(e) Chief Secreatary

121. Chief Secretary

(f) Implementation of the Functions of the Cabinet

122. Cabinet Secretariat

(g) Regional Commissioners

123. Regional Commissioners

PART THREEPUBLIC AUTHORITY

124. Local governments 125. Local Government Authorities 126. Leadership in the Local Governments

CHAPTER NINERELATIONSHIP AND COORDINATION OF THE UNION MATTERS

127. Union Matters Supervisory and Coordination Commission 128. Responsibilities of the Union Matters Commission

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CHAPTER TENLEGISLATURE OF THE UNITED REPUBLIC

PART ONESTRUCTURE AND AUTHORITY OF THE PARLIAMENT

129. Parliament 130. Life of the Parliament 131. Authority of Parliament 132. Limitations of Parliament in the exercise of its powers 133. Authority to enact Laws 134. Procedure for changing the Constitution 135. Procedure for enacting law 136. Procedure for enacting laws related to financial matters 137. Authority of the President in relation to a bill of law 138. Approval of the Government Budget

PART TWOMEMBERS OF PARLIAMENT

139. Election of Members of Parliament 140. Qualifications for Members of Parliament 141. Procedure of parliamentary election 142. Oath and terms of service for a Member of Parliament 143. Loosing qualifications of being a Member of Parliament 144. Decision on the issue if one is a Member of Parliament 145. Formal declaration by Member of Parliament on assets and

liabilities PART THREE

LEADERSHIP OF THE PARLIAMENT

146. The Speaker and his authority 147. Limitation of the authority of the Speaker and Deputy Speaker 148. Deputy Speaker 149. Qualifications for election of a person capable to become

Speaker or deputy Speaker 150. Procedure for election and the oath of Speaker and Deputy

Speaker 151. Clerk of the National Assembly 152. Secretariat of the National Assembly

PART FOURLEGISLATIVE PROCUDURE

153. Standing Orders of the National Assembly 154. President to address Parliament 155. Meetings of the National Assembly 156. Presiding at sittings of the National Assembly

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157. Quorum at sitting of the National Assembly 158. Committees of the National Assembly

PART FIVEPOWERS AND PRIVILEGES OF PARLIAMENT

159. Freedom of debate in Parliament

PART SIXPARLIAMENTARY SERVICE COMMISSION AND PARLIAMENTARY FUND

(a) Parliamentary Service Commission

160. Parliamentary Service Commission 161. Responsibilities of the Parliamentary service Commission

(b) Parliamentary Fund

162. Parliamentary Fund

CHAPTER ELEVENREVOLUTIONARY GOVERNMENT OF ZANZIBAR, ZANZIBAR

REVOLUTIONARY COUNCIL AND ZANZIBAR HOUSE OF REPRESENTATIVES

PART ONE(a) Revolutionary Government of Zanzibar

163. Revolutionary Government of Zanzibar and its authority

(b) President of Zanzibar

164. President of Zanzibar and his authority

(c) Zanzibar Revolutionary Council

165. Zanzibar Revolutionary Council and its functions PART TWO

ZANZIBAR HOUSE OF REPRESENTATIVES

166. Zanzibar House of Representatives.

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CHAPTER TWELVEJUDICIARY OF THE UNITED REPUBLIC

PART ONEPRINCIPLES OF DISPENSATION OF JUSTICE AND INDEPENDENCE

OF THE JUDICIARY

167. Formation of the Court of the United Republic 168. Principles of dispensing justice 169. Independence of the Judiciary

PART TWOSTRUCTURE OF THE JUDICIARY

(a) Court of the United Republic

170. Structure of the Judiciary

(b) The High Court of the United Republic

171. The Haigh Court 172. Quorum of the sitting of the High Court 173. Jurisdiction of the High Court 174. Jurisdiction of the High Court Judge

(c) Appointment of the High Court Judge

175. Appointment of Chief Justice 176. Appointment of Deputy Chief Justice 177. Appointment of High Court Judge 178. Oath of service of High Court Judge 179. Tenure of office of High Court Judge 180. Procedure of assuming acting position in the High Court 181. Procedure relating to discipline of the Judge of the High Court

(d) The Court of Appeal of the United Republic

182. The Court of Appeal 183. Quorum of the sitting of the Court of Appeal 184. Jurisdiction of the Court of Appeal 185. Jurisdiction of the Justice of Appeal

(e) Appointment of the Justice of Appeal

186. Appointment of the Chairman of the Court of Appeal 187. Appointment of the Vice-Chairman of the Court of Appeal 188. Appointment of Justice of Appeal

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189. Oath of Service of Justice of Appeal 190. Tenure of office of the Chairman, Vice-Chairman and the Justice of Appeal 191. Procedure of assuming acting position of a Chairman of the Court of Appeal 192. Procedure relating to discipline of justice of Appeal

(f) The High Court of the United Republic

193. The High Court of the United Republic and its jurisdiction 194. Appointment of the High Court Judge 195. Tenure of office of the High Court Judge 196. Procedure relating to discipline of the judge of the High Court 197. Oath of service of the Judge of the High Court of the United Republic

(g) High Court of Zanzibar

198. The High Court of Zanzibar 199. Jurisdiction of the High Court of Zanzibar

(h) Management of the Functions of the Court

200. Registrar of the Court 201. Responsibilities of the Registrar of the Court 202. Chief Executive Officer of the Court 203. Responsibilities of the Chief Executive Officer of the Court

PART THREEJUDICIAL SERVICE COMMISSION AND JUDICIARY FUND

(a) Judicial Service Commission

204. Judicial Service Commission 205. Responsibilities of the Judicial Service Commission 206. Membership in political parties

(b) Judiciary Fund

207. Judiciary Fund

CHAPTER THIRTEENCIVIL SERVICE IN THE UNITED REPUBLIC

208. Basic principles for public service 209. Employment and appointment of a leader and a civil servant in the Union institutions 210. Public Service Commission 211. Secretary of the Public Service Commission

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212. Powers and responsibilities of the Public Service Commission 213. Salaries Commission 214. Sectorial commissions

CHAPTER FOURTEENELECTION IN REPRESANTATIVE ORGANS AND POLITICAL

PARTIES

PART ONEREPRESENTATION OF THE PEOPLE

215. Participation in the election and referendum 216. Independent candidate

PART TWOINDEPENDENT ELECTORA COMMISSION

(a) Independent Electoral Commission

217. Formation of Independent Electoral Commission 218. Nomination Committee 219. Tenure of office for commissioner of Independent Electoral Commission 220. Obligation of the Independent Electoral Commission 221. Complains related to election

(b) Director of Elections

222. Appointment of Director of Elections 223. Responsibilities of the Director of Elections

PART THREEREGISTRATION AND SUPERVISION OF POLITICAL PARTIES

(a)Political Parties

224. Registration of political parties

(b) Registrar of Political Parties

225. Appointment of Registrar of Political Parties 226. Deputy Registrar of Political Parties 227. Obligation of the Registrar and Deputy Registrar of political Parties

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CHAPTER FIFTEENACCOUNTABILITY INSTITUTIONS

PART ONEPUBLIC LEADERS ETHICS COMMISSION

228. Public Leaders Ethics Commission 229. Appointment and qualifications of the Commissioner 230. Nomination Committee 231. Responsibilities of the Commission 232. Tenure of office of Member of the Commission 233. Independence of the Commission 234. Empowerment by equipment and resources

PART TWOCOMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNANCE

235. Commission for Human Rights and Good Governance 236. Qualifications of the Chairman, Vice-Chairman and Commissioner of the Commision237. Nomination Committee 238. Functions and responsibilities of the Commission 239. Tenure of office of the Chairman, Vice-Chairman and Commissioner of the Commission 240. Removal from office of the Chairman, Vice-Chairman or Commissioner of the

Commission 241. Independence of the Commission 242. Empowerment by equipment and resources

PART THREECONTROLLER AND AUDITOR-GENERAL OF THE UNITED REPUBLIC

243. Appointment of Controller and Auditor-General of the United Republic 244. Qualifications of the Controller and Auditor-General of the United Republic 245. Functions and responsibilities of the Controller and Auditor-General of the United

Republic 246. Tenure of office of the Controller and Auditor-General of the United Republic 247. Removal from office of the Controller and Auditor-General of the United Republic 248. Empowerment by equipment and resources

PART FOURAN ORGAN TO PREVENT AND COMBAT CORRUPTION

249. Control of corruption

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CHAPTER SIXTEENPROVISIONS REGARDING THE FINANCES OF THE UNITED REPUBLIC

(a) Consolidated Fund and the Finances of the Untied Republic

250. Principles for the utilization of public funds 251. Joint Account 252. Joint Financial Commission 253. Consolidated Fund of the Treasury 254. Conditions for withdrawal of moneys for expenditure from the Consolidated Fund 255. Procedure for authorization of expenditure out of Consolidated Fund 256. Procedure for authorization of expenditure in advance of appropriation 257. Contingencies Fund 258. Remunerations of certain holders of public offices to be a charge on Consolidated

Fund

(b) Public Debt and Loans of the United Republic

259. Public Debt 260. Authority of the Government of the United Republic to borrow 261. Authority of the Revolutionary Government of Zanzibar to borrow 262. Authority to charge tax 263. Public procurement 264. Central Bank of the United Republic

CHAPTER SEVENTEENDEFENSE AND SECURITY IN THE UNITED REPUBLIC

(a) Defense and National Security

265. National Security 266. Defense and National Security Institutions 267. National Security Council 268. Responsibilities of the National Security Council

(b) Tanzania People’s Defense Force

269. Formation of the Tanzania People’s Defense Force 270. Appointment of Chief of Defense Forces 271. Powers of Commander-in-Chief

(c) Police of the United Republic

272. Tanzania Police Force 273. Appointment of Inspector General of Police

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274. Formation of other defense services

(d) National Security Department of the United Republic

275. Formation of the National Security Department 276. Appointment of Director General of the National Security Department

CHAPTER EIGHTEENMISCELLANIOUS

277. Procedure for resignation from public service 278. Provisions relating to procedure of succession to office 279. interpretation 280. Title of the Constitution, commencement and application of this Constitution 281. Repeal of the Constitution of the United Republic of 1977

CHAPTER NINETEENPROVISIONS RELATED TO THE TRANSITIONAL PROVISIONS

PART ONERELATED PROVISIONS

282. Application of some of the provisions of this Constitution

PART TWO PROVISIONS IN ACCORDANCE WITH THE CONSTITUTION AND LAWS OF THE COUNTRY

283. Continuation of the use of provisions of the Constitution 284. Continuation of the use of the laws of the country

PART THREEPUBLIC SERVICE

The Government of the United Republic

285. The President to remain in office 286. The Vice-President to remain in office 287. The Prime Minister, Ministers and Deputy Ministers to remain in office 288. Continuation of the public service

PART FOURPARLIAMENT OF THE UNITED REPUBLIC

289. To continue to be a Member of Parliament and the Leadership of the Parliament

290. Dissolution of Parliament

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PART FIVEJUDICIARY OF THE UNITED REPUBLIC

291. Continuation of the Court of Appeal and the High Court 292. Continuation of the proceedings in court

PART SIXTRANSITIONAL PROVISIONS

293. Period of Transition 294. Application of provisions of the New Constitution 295. Committee for the Application of the Constitution 296. Repeal of Provisions related to Transitional Provisions

________SCHEDULES

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PREAMBLE

WHEREAS WE, The people of the United Republic of Tanzania have firmly and solemnly resolved to build in our country a society founded on the principles of dignity and fraternity, freedom, self reliance, justice, equality, peace and stability, unity and solidarity in all spheres of our lives;

AND WHEREAS, we believe that those principles can only be realized in a democratic society with principles of good governance in which the executive is accountable to a Legislature composed of the elected members who represent the people, and a judiciary which is independent and adheres to the principles of dispensing justice and thereby ensuring that human rights are preserved and protected and that the freedom and duties of every person are faithfully discharged;

AND WHEREAS, we recognize the need to preserve the property of the State Authorities and collective property, to combat all forms of damage and misappropriation, and encourage proper and sustainable use of our joint resources and natural resources and to protect and preserve our environment for the benefit of the present and future generations;

AND WHEREAS, we recognize the needs and benefits of building, develop and promoting peace, unity, good neighborliness and cooperation with different African nations and the world in general;

AND WHEREAS, the intention to build a united Africa is reflected by the Union of the former Republic of Tanganyika and the Peoples Republic of Zanzibar;

AND CONSIDERING, the heritage left to us by founders of our Nation of building a country of a united people who don’t discriminate each other on the basis of race, religion, colour, gender, disability or any other type of discrimination;

AND WHEREAS, it is important to safeguard, to strengthen and to sustain the Union, to build a free and self-reliant Nation, to strengthen and promote the principles of good governance and leaders ethics, to build unity and solidarity that can accomplish National goals, to build and promote the growth of the peoples authority, obedience to the authority of the constitution and to strengthen and sustain patriotism for the Nation among Tanzanians;

AND CONSIDERING, an experience of more than Fifty Years of the Union and the importance of the peoples participation in writing the Constitution of the United Republic of Tanzania;

NOW THEREFORE, THIS CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA, PROPOSED BY SPECIAL CONSTITUENT ASSEMBLY, has been written by US THE PEOPLE OF THE UNITED REPUBLIC OF TANZANIA through a REFERENDUM for the purpose of building such a society, and ensuring that the United Republic of Tanzania is governed by the Government that adheres to the principles of democracy, the rule of law, self-reliance and shall be a secular state.

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The United Republic of Tanzania

The territory of the United Republic of Tanzania

Symbols and National Holidays

CHAPTER ONETHE UNITED REPUBLIC OF TANZANIA

PART ONENAME, BOUNDARIES, SYMBOLS, LANGUAGE AND NATIONAL VALUES

1.-(1) the United Republic of Tanzania is a sovereign state which resulted from the Union of two countries of the Republic of Tanganyika and the Peoples Republic of Zanzibar which before the signing of the instruments of the Union on 22 April, 1964 both were independent states.

(2) The United Republic of Tanzania is a democratic state which adheres to multi-party system, rule of law, that respect the principles of human rights, secular and self- reliant.

(3) The instruments of the Union referred to in sub-article (1) is the basic foundation of the United Republic of Tanzania, and this Constitution, as it may be amended is the continuation of the articles of the Union.

2.-(1) The territory of the United Republic of Tanzania consist of:(a) the whole of the area of Mainland Tanzania, including its territorial

waters which before the Union was called the Republic of Tanganyika including other areas that may expand; and

(b) the whole area of Zanzibar, including its territorial waters which before the Union was called the Peoples Republic of Zanzibar including other areas that may expand.

(2) The President of the United Republic shall have the power to divide the United Republic in to regions, districts and other areas:

Except in the case of Tanzania Zanzibar, the President will consult the President of Zanzibar before dividing Tanzania Zanzibar into regions, districts or other areas.

(3) For the purpose of sub-article (1), The Parliament shall enact a law that will identify and specify boundaries of the territiry of the United Republic.

3.-(1) The National Symbols shall be:(a) The National Flag; (b) The National Anthem; and (c) The Coat of Arms,

as indicated in the laws of the country.(2) National Holidays shall be:(a) Tanganyika independence day, that shall be celebrated on

9th. December; (b) Zanzibar Revolution Day, that shall be celebrated on 12th.

January; (c) Day of the Union between Tanganyika and Zanzibar, that shall be

celebrated on 26th. April; and (d) Other holidays as it may be stipulated by the laws of the country.

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National Language and alternative communication

(3) Every National Holiday shall not be a working day.

4.-(1) The National Language of the United Republic is Kiswahili and shall be used as a official national and government language of communication.

(2) Without prejudice to the provision of Sub-Article (1), English language or any other international language may be used as an official government language of communication when the need arise.

(3) In accordance with this Article, sign language for deaf and brail for blind deaf shall be official languages of communication.

(4) The Government will create conducive environment that will provide an opportunity for having an alternative language of communication including sign language, brail and enlarged letters at important public places and the mass media covering national news for people with disability.

National Values

5. The United Republic of Tanzania shall cherish and observe the following National Values:

(a) Kiswahili language; (b) the Union; (c) dignity and fraternity; and (d) peace and stability.

Principles of good governance

6.-(1) In the implementation of the authority or any functions in accordance with this Constitution or the laws of the country, principles of good governance in this Article must be observed and should be followed by Government institutions, Government officer or any person entrusted with the responsibility to:

(a) use or to interpret this Constitution; (b) enact, use or to interpret any law; and (c) make or to implement decision related to the national policies.

(2) Principles of good governance in the United Republic shall include:(a) integrity; (b) democracy; (c) accountability; (d) rule of law; (e) people involvement; (f) human rights; (g) gender equality; (h) national unity; (i) transparency; and (j) patriotism.

PART TWOAUTHORITY OF THE PEOPLE, LOYALITY AND SAFEGUARD OF THE CONSTITUTION

Authority of7.-(1) The people are the basis of all the authority, and therefore:

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People

The People and the Government

Supremecy and obedience of the Constitution

(a) The Government authority will derive its power and authority from the people who collectively and united own and provide legitimacy to this constitution;

(b) The fundamental objective of the Government shall be the development and welfare of the people;

(c) The Government shall be accountable to the people; and (d) The people shall participate in the affairs of the Government in

accordance with the provisions stipulated in this Constitution. (2) In accordance with this Article, the Government of the United

Republic and the Revolutionary Government of Zanzibar shall derive their power and authority from the people through democratic election that will conducted and supervised by organs that will be empowered by this Constitution and the Zanzibar Constitution, as the case may be.

8.-(1) the Government and its organs, in conducting and implementation of its activities, shall observe the desire to promote National unity and maintain National integrity.

(2) For the purpose of the provisions of Sub-article (1), the government and its organs are required to focus their policies, laws and all its activities towards ensuring that:

(a) dignity, respect and human rights are protected, valued and preserved taking into account culture and customs of Tanzanians and international treaties ratified by the United Republic;

(b) laws of the country are administered and implemented; (c) wealth of the Nation is developed, preserved and utilized for the

benefit of all the people and to stop any form of exploitation; (d) land being the major asset and mainstay of the Nation, is protected,

maintained and is utilized for the benefit, interest and the welfare of the present and future generations;

(e) national economic development is planned and developed proportionally in a way that will benefit all the people;

(f) every person capable of working should work and “work” means any legal activity that generates income for someone;

(g) there are equal opportunities and rights for all the people male and female, regardless of their colour, race, origin, disability, ideology, religion or social status;

(h) all sorts of injustice, threats, discrimination, harassment, humiliation, abuse, bribe, or favouratism are eliminated in the country;

(i) richness of resources and natural resources of the Nation is geared towards bringing about development, eliminate poverty, ignorance and diseases; and

(j) the country is governed by adhering to the democratic principles, rule of law and self-reliance.

9.-(1) This Constitution is the supreme law of the United Republic in accordance with the provision contained in this Constitution.

(2) For the purpose of Sub-article (1), where the provisions of any law 3

Safeguard of Sovereignty and of the Constitution

Fundamental Goals

National Political Goal

enacted by legislative organ shall defer with the provision of this Constitution, the provisions of such law shall be null and void and shall be annulled where it differs with the provisions of this Constitution.

(3) Any person, organ or government institution, organization any agency and private authorities are obliged to observe and obey the provisions of this constitution and laws of the country.

(4) Any law, culture, custom or any decision of the state organ or official of the Government must observe and comply with the provisions contained in this Constitution and that law, culture, custom or any decision that will not comply with the provisions of this Constitution shall be null and void.

(5) The Government will institute a mechanism that will enable the people to understand, safeguard and obey this Constitution.

10.-(1) A person or a group of people shall not take or hold state power if not in accordance with this Constitution.

(2) Any act that violates the provisions of Su-article (1) is null and void and is an act of treason as it might be stated in the laws of the country.

CHAPTER TWOFUNDAMENTAL OBJECTIVES, DIRECTIVE

PRINCIPLES OF THE STATE POLICY AND NATIONAL POLICIES

PART ONEFUNDAMENTAL GOALS

11.-(1) The fundamental goal of this Constitution is to safeguard, to strengthen and to sustain justice, equality, fraternity, peace, unity and the tranquility of the people of the United Republic by considering the welfare of the people and build a free nation which is democratic, observing good governance, sustainable development and self-reliance.

(2) Without prejudice to the provision of Sub-article (1), that fundamental goal shall be developed and strengthened in all major spheres, including political, economic, social and cultural spheres.

(3) The Parliament shall enact a law that will elaborate on the implementation of the fundamental goals in accordance with this Constitution.

PART TWOPOLITICAL GOALS

12.-(1) The political goal of this Constitution is to sustain democracy and to eliminate all forms of discrimination.

(2) To ensure the implementation of the that goal, the Government will undertake appropriate measures so as:

(a) to ensure that it prevents and eliminates injustice, intimidation, discrimination, abuse, corruption, humiliation and favouratism among the people on the basis of the origin of a person, place of his origin,

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National Economic Goals

linage, race, gender, religion or faith;(b) to ensure the existence of peace and stability and to build the culture

of honouring, respect and sustain petriotism, peace, unity, tranquility, cooperation and political tolerance for the purpose of enhancing social and economic development; and

(c) to ensure the existence of peace and the welfare of the people and their property.

PART THREEECONOMIC, SOCIAL AND CULTURAL GOALS

13.-(1) The economic goal of this Constitution is to build modern economy that will enable the people and the Nation to be self reliant through the use of science and technology in all spheres of production by encouraging agricultural revolution, livestock keeping and fishing, industrial revolution and build an important energy sector, communication and infrastructure.

(2) To ensure the implementation of that goal; the government shall undertake the following measures:

(a) to prepare a strategic plan for the provision of political education with emphasis on creativity, science and technology from primary level, secondary, technical and vocational to university level and in the economic activities and National development in general;

(b) to strengthen and build the capacity of cooperatives so that they become strong vehicles for spreading knowledge, tactics and modern farming implements, livestock keeping and fishing so as to increase productivity, to provide loans, to look for and secure markets for their products;

(c) to prepare plans for the construction of heavy industry, medium size industries and small industries that will process agricultural products, livestock products, fishery products and minerals so as to add their value for local and foreign markets;

(d) to ensure that peasants, livestock keepers and fishermen possess land and equipment for the purpose of promoting their activities and creating favourable environment for motivating the private sector in the economy, managing and setting prices of products and inputs propotionally;

(e) to provide favourable trading environment and to enhance investment opportunities;

(f) to encourage joint investments between citizens and non-citizens in the economic infrastructures, reaping of National resources and natural resources;

(g) to ensure that functions of the Government are implemented in a way that will ensure that the wealth of the Nation is utilized for the benefit of all the people and to create favourable environment that will create proportional development and enable the people to get rid of poverty; to set up procedures for the supervision of public services

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National Social Goal

National Cultural Goal

economically and socially so as to provide for fair competition and the quality of the standards of the service provided so as to protect the people.

14.-(1) The goal of this constitution socially is to build a society that has prospered with the ability to participate in development activities in different spheres.

(2) In implementing that goal the government will take appropriate measures :

(a) to ensure that human respect is defended and sustained in accordance with the tradition and custom and the Universal Declaration of Human Rights and other international conventions ratified by the United Republic;

(b) to ensure that the Government and all its public organs provide equal chance and opportunities to all the citizens, without discrimination;

(c) to ensure that assistance and social security is provided to the poor, the aged, children and people with disability;

(d) to assist in the availability and provision of legal aid for people who can not afford to pay lawyers;

(e) to institute an appropriate mechanism for the successful implementation of the right of a person for education and be free to obtain equal opportunity to seek education in the field of his choice up to any lavel according to his ability;

(f) to ensure the availability of better health services for all the people including safe child birth services;

(g) to create an environment that will enable artists to utilize the available opportunities and their talents to bring about economic development and social change; and

(h) to provide appropriate mechanism and environment for the purpose of promoting and developing sports in the country.

15.-(1) The goal of this constitution culturally is to develop, to sustain and to preserve Kiswahili language, natural heritage and culture of the people.

(2) To ensure the implementation of this goal, the Government will take appropriate measures so as:

(a) to protect and promote Kiswahili language; (b) to protect and preserve the natural heritage, artifacts, and important

historical sites in order to avoid vandalism, theft or being smuggled out of the country;

(c) to protect, preserve and promote cultures of people of different communities; and

(d) to build the culture of cooperation, understanding, tolerance and respect for culture, customs and religious faith of every person.

6

Research on Development

CHAPTER FOURRESEARCH, DEVELOPMENT VISION, PLANS AND IMPLEMENTATION OF NATIONAL GOALS

16. In setting National plans, the Government will give priority to research on development so as to obtain information that will lead to the attainment of economic development in the country.

National Vision on Development

Planning Commission of the United Republic

17.-(1) There shall be a National Vision for Development covering different spheres and taking into account the right and duty of every citizen to development.

(2) In the implementation of the provisions of Sub-article (1), the State Authorities will set up plans for the implementation of the National Vision on Development.

18.-(1) There shall be the Planning Commission of the United Republic to be called “Planning Commission” which will be the supreme body for planning and supervision of the implementation of National economic and social development.

(2) Parliament will enact a law for the implementation of the provisions of this Article.

Implementation of the National Goals

19.-(1) National Goals specified in this Constitution shall be the

guideline for the Government of the United Republic and for the people while

using or interpreting the provisions of this Constitution or any other law or in the

implementation of policy decisions for the purpose of building a better society,

free and serious.(2) The Government of the United Republic will once a year present in

parliament a report on the measures taken in the implementation of the National goals.

Commission for Science and Technology

20.-(1) There shall be a Commission for Science and Technology which

will be a supervisory, coordination, research and advisory body on all issues

related to science and technology in the country.(2) Structure, responsibilities and the authority of the Commission for

Science and Technology shall be as stipulate in act to be passed by Parliament.

Use of provisions of Chapter Two

21.-(1) Without prejudice to Sub-article (2), The state authority and all

its organs, people or any authority representing the state, enact laws or

dispensation of justice, shall have the duty and responsibility of observing and

implementing all provisions of this Chapter.

(2) The provisions of this chapter shall not be vested with legal powers by any court. Any court in the country shall have no powers to decide on the issue of to do or not to do something to someone or any court, or if a law or any ruling is related to the provisions of this Chapter.

7

Foregn Policy

Land in the United Republic

PART FIVEFOREIGN POLICY

22.-(1) The Foreign Policy of the United Republic is focusing on and takes into account the National interest and National sovereignty and shall be pursued in transparency so as:

(a) to promote good neighborliness, regional and international cooperation;

(b) to promote development and economic cooperation that is productive to the Nation and its people;

(c) to support and promote the efforts to develop African Unity, non- alignment and to develop cooperation with the developing countries in the world;

(d) to respect international laws; (e) to adhere to international and regional agreements that are beneficial

to the United Republic and resolve international conflicts through dialogue, reconciliation, understanding or the courts;

(f) to promote observance of human rights and the freedom of the people;

(g) to combat international crime; and (h) to respect the freedom of other nations. (2) The Parliament will enact a law which among other things, will direct

and supervise the implementation the Foreign Policy.

CHAPTER THREE LAND, NATURAL RESOURCES AND ENVIRONMENT

23.-(1) Land in the United Republic is the major asset for economic and social development and for the welfare of the country and all its people. The Government of the United Republic and the Revolutionary Government of Zanzibar will institute better plans for sustainable use of land for the benefit of the present and future generations.

(2) All the land shall be owned, used and supervised as may be stipulated by laws enacted by Parliament or the House of Representatives, as the case may be, by observing the following principles:

(a) only the citizen of Tanzania shall have the right to own land of Tanzania, and that right shall be protected in accordance with this Constitution;

(b) a person who is not a citizen of Tanzania shal have the opportunity to utilize the land for the purpose of investing and other economic development activities and residential purpose;

(c) the right to own, use, develop and preserve land for any person or community groups farmers, fishermen, livestock keepers, miners and small groups shall be recognised

8

Better use of the land

and shall be protected in accordance with this Constitution; and (d) every woman shall have the right to receive, own, use, develop and

supervise land under the same provision as those of a man.

24. Parliament or the House of Representatives, as the case may be, shall enact a law with provisions related to division and better use of land for different groups in the community.

Compensation

25. Without prejudice to Article 47(2), The Government shall develop a legal mechanism for payment of compensation in the event that an area or a portion of land shall be taken for economic and social development purposes.

Natural resources

26. All natural resources of the Nation including minerals, gas and oil are public property, and the Government of the United Republic or the Revolutionary Government of Zanzibar shall institute a mechanism to ensure that they are utilize for the benefit of the present and future generations.

Environment27. The Government shall formulate specific plans and strategies for the purpose of :

(a) ensuring sustainable use, supervision and preservation of environment and natural resources, for the benefit of the present and future generations

(b) to protect and preserve historical and ancient sites for the benefit of all the people;

(c) to ensure that public institutions and civil societies are accountable in supervising the implementation of legal obligations in preserving the environment; and

(d) to ensure that the people of Tanzania are the rightful owners of Tanzania’s genetic resources for the benefit of the Nation.

CHAPTER FOURETHICS AND CODE OF CONDUCT FOR PUBLIC LEADERSHIP AND PUBLIC SERVICE

Responsibility of public leadership

PART ONECONDUCT OF LEADERSHIP AND PUBLIC SERVICE

28.-(1) power bestowed on a public leader:(a) ia a trust and he shall use that powerv to fulfil his responsibilities by:

(i) observing the provisions of this Constitution; (ii) respecting the people;

(iii) in a manner that promotes the integrity of tha Nation and protect the credibility of the office he is serving; and

(iv) boost the respect of the office to the people; (b) oblige a leader to serve the people.

9

Code of public leadership

(2) A person with the responsibility of a public leader shall observe the following:

(a) while making nomination he will ensure that he is nominating without discrimination and according to ability, qualifications and proper behavior;

(b) while making any decision on any public matter he will ensure that his decision is not based on kinship, race, religion, bribe or any form of discrimination;

(c) provision of service without favour and for the interest of the people by showing: (i) transparency, truth and honesty in the execution of public

service; and (ii) obligation to declare personal interest to avoid conflict of

interest;

(d) accountability to the people in decision making and other actions; and

(e) integrity, discipline and hard work in providing service to the people. 29.-(1) A public leader, whether on official work or personal functions or

while in association with other people will ensure that his behavior;

(a) does not permit the emergence of conflict of interest betwee his personal interest and the interest of the public service;

(b) does not lower the integrity of the office he is working for; or (c) does not permit the use of public office for personal benefit. (2) For the purpose of this constitution the Parliament will anct a law

that will provide for, including other things: (a) interpretation of the word present, type, value, level and the

preservation of the present which a leader receives while executing his responsibilities;

(b) a provision for a public leader to open a foreign account; (c) a provision requiring a public leader to make a declaration of his

property, its value, his debts including those of his legal spouse and his children who are below eighteen years;

(d) a provision forbidding a public leader to participate in decision making on any thing or any activity of his personal interest, the interest of his legal spouse, his child his relative or his friend or any close associate;

(e) a provision on the use of public property; (f) procedure for confiscating the property of a leader acquired by violating the law; (g) the procedure of holding a public leader accountable for violating ethics and code of

conduct of a public leader; and (h) what is not required of a public servant.

(3) The post of a “public leader” as used in this Part shall include an elected or be st

Obedience of Code of Conduct of public leadership

(4) The State Authority shall devise a mechanism for including Constitution, ethics and civics in the curriculum for schools and colleges.

PART TWOCODE OF CONDUCT FOR PUBLIC LEADERSHIP

30.-(1)Without prejudice to the provisions of this Constitution, a public leader shall respect and obey code of conduct for public leaders and ethics of public leadership.

(2) Parliament shall anect a law stipulating :(a) the conduct the needs to be observed by by public leaders; (b) procedure for removing from office a public leader as a result of

violating the code of conduct and violating public leadership ethics; (c) thing that a public leader is not required to do; and

(d) level or list of public leaders effected by this Part.

Prohibition of some actions

31.-(1) A public servant who is on a permanent employment shall not be allowed to undertake any other salaried permanent employment.

(2) A public servant is not allowed to contest or to be nominated to hold a responsible position in a political party or a responsible political position of any kind under this Constitution.

(3) Where a public servant bounded by the provisions of Article 30(2)(d) will decide to contest or nominted to hold:

(a) a responsible political position of any type under this Constitution; or (b) leadership of any level in a political party,

It will be assumed that the employment of such a person has ceased since the day of his nomination as a candidate or appointmet to hold a responsible political position or leadership in a political party.

CHAPTER FIVEHUMAN RIGHTS, DUTIES OF THE CITIZEN, COMMUNITY AND THE AUTHORITY OF THE STATE

Freedom dignity and human equality

Right to life

Prohibition against discriminatio

PART ONEHUMAN RIGHTS

32.-(1) All human beings a born free and are all equal.(2) Every person is entitled to respect, recognition and regard for his

dignity.33. Every one has the right to life and to the protection of his life by the

State and the society in accordance with the law.

34.-(1) All the persons are equal and are entitled to protection and equal rights before tha law.

(2) No person shall be discriminated against by any person , state authority 11

or any authority acting under any law or in the discharge of any function of the state authority.

(3) No law enacted by any authority in the United Republic shall make any provision that is discriminatory either openly or in its effect.

(4) The civil rights, duties and interests of every person and community shall be protected and determined by the court and other state agencies established under the law.

(5) or the purpose of this Article, the expression “discrimination” means to satisfy the needs, rights or other requirements of different persons on the basis of their nationality, tribe, place of origin, their political opinion, colour, religion, sex, disability or state in life such that certain categories of people are regarded as weak or inferior and are subjected to restrictions or conditions whereas persons of other categories are treated differently or are accorded opportunities or advantages outside the specified conditions.

(6) The word “discrimination” as applied in Sub-article (2) shall not be construed in a manner that will prohibit the Government from taking purpoful steps aimed at rectifying specific dis abilities in the society.

(7) To ensure equality befor the law, the state authority shall make procedures which are appropriate which take into account the following principles - (a) When the rights and duties of any person zre being

determined by the court of any other agecy, that person shall be entitled to a fair hearing and to the right of appeal or other legal remedy against the decision of the court or of the other agency concerned;

(b) No person charged with criminal offence shall be treated as guilty of the offence until proved guilty of that offence;

(c) No person shall be punished for any act which at the time of its commission was not an offence under the law;

(d) No penalty shall be imposed which is heavier than the penalty in force at the time the offence was committed;

(e) For the purpose of preserving the right of equality of human beings human dignity and privacy shall be protected in all activities pertaining to criminal investigation and process and in any other mattersby which a person is restrained by the state authority or in the execution of a sentence; and

(f) No person shall be subject to torture or inhuman or degrading punishment or treatment.

Right not to be 35.-(1) Every person has the right of not being subjugated

12

In slavery

to slave labour, forced or degrading labour and based on that no person shall be:(a) made or treated like a slave; and (b) trafficked for the purpose of being made a slave, commercially or for

the benefit of another person(2) Illegal trade of human trafficking is prohibited in the United

Republic.

Right to personal freedom

36.-(1) Every person has the right to freedom and to live as free man.(2) For the purpose of prospective individual freedom and to live as a

free person, no person shall be arrested, imprisoned, confined, detained deported by force or otherwise deprived of his freedom, save only:

(a) under circumstances and in accordance with procedures prescribed by law ; or(b) in the execution of a judgment , order or a sentence given by the

court following a decision in a legal proceeding or a conviction for a criminal offence.

Right of privacy and personal security

37.-(1) Every person is entitled to respect and protection of his person, his personal life and his family and his matrimonial life, and also respect for and protection of his residence and private communications.

(2) For the purpose of preserving the persons right in accordance with this Article, the state authority will lay down legal procedures regarding the circumstances , manner and extent to which the right of privacy and the security of his person, his property and residence may be encroached upon without prejudice to the provision of this Article.

Right to freedom of movement

38.-(1) Every citizen has the right to freedom of movement in the United Republic and the right to live in any part, to leave and enter the country and the right not to be forced to leave or be expelled from the United Republic.

(2) Any lawful act or any law which is intended to:

(a)Curtail a person’s freedom of movement and to restrain or or imprison him; or

(b) limit a person from exercising his freedom of movement so as: (i)to execute a judgment or court order;

(ii)to compel a person first to comply with any obligation arising under another law; or

(iii)to protect public interest in general or preserve certain special interest or interest of a certain section of the public,

such act or law shall not be construed to be inconsistent with the provisions of this Article.

Freedom of expression

39.-(1) Every person:(a) has the right and freedom of:

(i) opinion and expression of his ideas; (ii) communicating and non interference from his communication

and; 13

Freedom of information and the mass media

Freedom of religious belief

(iii)innovation, creativity and research on art and tradition; (b) has the right to be informed at all times about:

(i) various important event of life and activities of the people; and(ii)implementation by state authority of national policies and activities related to community development; and

(iii)other issues of importance to the society. (2) implementation of the right identifies in Sub-article (1), shall not

include inciting war, riot and hatred on the basis of colour, race, gender, ideology, religion or any issues that could cause harm to the Nation.

40.-(1) Every person has the right and freedom to:(a) look for, receive, use and disseminate news and correct information;

and (b) found mass communication media and other means of mass

communication.(2) The mass media shall be free and shall also have:(a) the right to look for, receive, use and disseminate news and

information they receive; (b) the obligation to:

(i)disseminate news correct and true information to the public; (ii)respect privacy and protect the dignity, respect, freedom and

honour of the people against the news and information they use, prepare and disseminate; and

(iii)to observe ethics of journalism and news broadcasting. (3) the Government and its institutions, shall have an obligation to

inform the public on the activities of the Government and the implementation of those activities as it may be required.

(4) Parliament shall enact a law for the purpose of supervising and protect:

(a) rights, duty and freedom of the mass media and journalists; and (b) news and information for the purpose of National security, peace,

justice, honour and freedom of other people. 41.-(1) Every person has the freedom of conscience, purpose, faith and

choice in matters of religion including the freedom to change his religion, faith or having no faith in religion.

(2) The profession of religion, warship and propaganda of religion shall be free and a private affair of an individual provided that he does not contravene the law of the country.

(3) The affairs and management of religious bodies shall not be part of the activities of the State authority.

(4) The protection of the rights referred to in this Article shall be in accordance with the provisions prescribed by the law which are of importance to a democratic society

14

Person’s freedom of association

for security, peace, ethics, social and national unity and shall be governed by procedures stipulated in the national laws.

(5) It is prohibited for a person, a group or a religious institution to take advantage of the freedom to propagate religion in a way that will cause disruption of peace, breed hatred or incite chaos and violence under the guise of defending a certain faith or religion.

(6) Religion and religious faith shall not be used in any way to divide the people, create hostility or to disrupt peace among the people.

(7) In this Article reference to the term “religion” shall be construed as including reference to religious denomination, and cognate expressions shall be construed accordingly.

42. Every person deserves to be free without effecting the national laws, to meet with other people voluntarily and peacefully, to associate and cooperate with other persons, to express his views publicly, and for that purpose to form or join with associations or organisations formed for the purpose of preserving or furthering his beliefs or interests or any other interests.

Freedom to participate in public activities

43.-(1) Every citizen of the United Republic is entitled to take part in

matters pertaining to the governance of the country voluntarily, either directly or

through representative elected by the people in conformity with the procedures

laid down by the laws of the country.(2) Every citizen of the United Republic has the right and freedom to

participate fully in the process leading to the decision on matters effecting him, his life or the Nation.

Right to work44.-(1) Every person has the right to work either as an employee or self-

employed and to be payed the salary he deserves.(2) Every person is entitled to equal opportunity and right to hold any

office, leadership or any function under the state authority.

Rights of workers and employers

45.-(1) Every person who works is entitled the following rights:(a) to work without discrimination of any kind; (b) remunerations and just payment according to the measure and

qualification for the work he does; (c) to form and join trade union organization at the work place;(d) to participate in the activities of the trade union; (e) protection of his health and security at the place of work; anected by parliament

(f) to strike following a dispute on benefits according the law enacted by Parliment.

(2) Every employer has the right to:(a) join employers association; (b) to lock out a worker following a conflict on benefits

according to the law to be enacted by Parliament.(3) Every employers or workers association shall have the right to:(a) to decide on the leadership, programme and its activities; and (b) form, join and supervise their federation..

15

Rights of farmers, livestock keepers, fishermen and miners

(b) Every trade union organization shall have the right of joint bargaining with their employer and enter into agreement on better conditions of work.

(c) Without prejudice to Sub-article (1), a worker, while exercising his right to strike in accordance with this Article, should not:

(a) be an employee in specific services to be stipulated by law;(b) bounded by an understanding that the issue in conflict should be sent

for arbitration; (c) bounded by a voluntary agreement or arbitration team that

coordinates the conflict; or (d) is restricted by employers decision that coordinates the conflict. (d) For the purpose of this Article “conflict on benefits” means conflict

on expected rights, including pay rise, other benefits beside those offered according to law or related to employment contract.

(e) The Parliament will enact a law that will provide for provisions on the rights of employers and workers and procedures that will enable employers and workers to exercise their rights.

46.-(1) Farmers, livestock keepers, fishermen and miners shall have right to:

(a) own, use and develop land for their activities; (b) receive information and knowledge for he purpose of improving

agriculture, livestock keeping, fishing and mining; (c) to own and benefit from agricultural, livestock and fishery genetic

resources; and (d) be involved in formulation of policies, laws and different plans

related to their activities.(2) the state authority shall institute legal procedure for the purpose of

differentiating and will set aside land areas for the use of group identified in Sub-article (1).

Right to own property

Right of the suspect and prisoner

47.-(1) Every person is entitled to own property and has the right to the protection of his property in accordance with the law.

(2) Without prejudice to Sub-article (1), no person shall have his property confiscated for the purpose of nationalising it or for any other purpose without the approval of the law providing for compensation according the actual value of the property in question.

(3) For the purpose of the provisions of this Article, the right to own property and protection of property shall not include property that has been confirmed to have been acquired illegally.

48.-(1) A person who has been arrested or detained has the right to:(a) Be explained in the language he understands:

(i) the reason for his arrest; (ii)the right not to make any statement; and (iii) consequences of making a statement;

(b) to communicate with an advocate or any other person 16

Right of person in detention or in custody

whose assistance is important to the suspect;(c) not to be forced to make a statement admitting guilt, a statement that

could be used as an evidence against him; (d) be taken to court as soon as it could possible be as indicated by law;

and (e) be kept in an environment that observe human rights. (2) A person in custody has the right has the right to:(a) be kept in an environment that observes human rights; (b) get a copy of the proceedings and a copy of the judgment for the

purpose of appealing; and (c) to communicate with an advocate or any other person whose

assistance is important in appealing. (3) Parliament shall enact a law that will provide for a procedure to enable:(a) a suspect to get a copy of the charges against him; (b) to be taken to court and apply for bail in accordance with the law;

and (c) a person in custody to receive a copy of the charges and the

judgment after the completion of the proceeding in court.(4) For the purpose of preserving the rights contained in this Article, the

State Authority shall observe the provisions of Article 34(7)(e).49.-(1) A person in detention or custody shall continue to enjoy all the basic rights mentioned in this constitution at the level he deserves in an environment surrounding a detainee. (2) A person in detention or in in custody has the right to require the court for the state authority keeping him in detention or in cutody to explain the reaon for his detention or his being in detention or in custody.

(3) A citizen of the United Republic shall not be sent to any other country to answer charges or for any kind of interrogation against his will unless in accordance with the laws of the country and international conventions and the country’s obligation in international relations .

Freedon and rightto clean and safe environment

50.-(1) Any person living in the United Republic has the right to live in clean,

safe and healthy environment.

(d) The right to live in clean, safe and healthy environment involves the right for every person to use public spaces or different environmental areas meant for recreation, education, health, worship, culture and economic activities.

(e) Any person living in the United Republic has an obligation to keep, protect and to maintain the environment and to inform the state authority on activities or any other thing that is dangerous or has a big potentiality of destroying or effecting the environment.

Right to health and clean and safe water

51.-(1) Every person has the right to health services and clean and safe water.(2) The state authority shall ensure that services referred to

17

Right to education

The rights of a child

Rights and duties of the youth

In Sub-article (1) are easily available taking into account the country’s demand and available resources.

52.-(1) Every person has the right to better primary education that prepares him fully to continue farther with the stage that follows or prepare him to live a self reliant life.

(2) Every person has the opportunity to obtain higher education provided he has the required qualifications.

(3) For the purpose of Sub-article (2), every person has the right to choose the type of education and the employment he requires according to his education and his skill.

(4) The Government will ensure that there exist an education structure that takes into account the capacity and the requirements of the Nation.

53.-(1) Every child has the right to:(a) be given a name, nationality and to be registered; (b) express his views, to be heard and to be protected against humiliation,

violence, abuse, forced labour and harmful culture; (c) be provided with good environment to play and obtain primary

education; (d) be protected in good environment for those who are in conflict with

the law;(e) receive nutritious die, health services, accommodation and in an

environment that develop him physically, mentally and morally; (f) participate in the activities that match his age; and (g) to receive care and protection of the parents, guardians, community or

state authority, without any discrimination. (2) It will be the responsibility of every parent, guardian, the community

and the state authority to ensure that children are brought up in a proper moral behavior for their age.

(3) For the purpose of this Article “a child” means a person who is below eighteen years of age.

54.-(1) Every youth has the right and duty to participate fully in the development activities of the United Republic and the community in general, and based on that, the Government of the United Republic and the community shall make sure that youths are provided with a good environment of becoming good citizen and are availed the opportunity to participate fully in the political, economic, social and cultural field.

(2) For the purpose of Sub-article (1), the Parliament shall enact a law to supervise, among other things, the founding, structure, responsibilities and management of the National Youth Council.

Rights of the people with disability

55. A person with disability is entitled to:(a) be respected, to be recognised and to be protected against actions that

degrade his dignity including discrimination, humiliation, violence and harmful culture;

(b) receive education by using special gadgets and to participate in positions of representation and community activities.

18

Rights of minority groups in the society

Rights of women

(c) be provided with suitable infrastructure and environment that will enable them to go where they wish , to use means of transport and to receive information;

(d) to use sign language, brail, enlarged letters or other suitable means; (e) to get employment and to work; and (f) to receive better health services, safe birth, adjustments and recovery. 56.-(1) State authority considering resources and capacity of the country,

will institute legal procedure that will enable minority groups in the society:(a) to participate in the leadership of the authorities; (b) to be provided with special education opportunities to develop

themselves economically and emloyment opportunities; and (c) to be allocated land that usually such groups will use for their

settlement and for the production of their food. (2) The Government and the state authority shall take deliberate

measures to develop and promote economic activities and establish infrastructure, for settlement, education, water and health for the present and future generations of the community of minority groups.

(3) For the purpose of this Article, “minority groups” means communities of people who live by depending on natural vegetation and the environment around them for their food, shelter and other requirements of life.

57. Every woman has the right to:(a) be respected, valued and recognition of her dignity; (b) be protected against against discrimination, abuse, injustice, bullying,

gender violence and harmful traditions; (c) participate without discrimination in elections and all decision

making positions; (d) be availed opportunities and equal payment with men in employments

of similar qualifications; (e) protection of her employment during pregnancy and after delivery; (f) be provided with the best medical services including safe delivery

services; and (g) own property.

Rights of the aged

58. State authority shall institute a procedure that will enable the aged to get the right to:

(a) participate in development and social activities; (b) manage his life and develop himself according to his ability including

working; (c) receive medical care; (d) be protected against exploitation, acts of violence including torture

and murder; (e) be provided with the infrastructure and conducive environment to

enable them to go where they want and use public transport at a lower price; and

(f) be provided with basic needs from his family, community and when necessary the state authority.

19

Freedom of knowledge, creativity, innovation, invention and artistry

59.-(1) Every person shall have the freedom to participate in the activities that promote and develop art, knowledge, creativity and innovation.

(2) Every person shall have the freedom to learn, teach, research and spread the use of research findings in accordance with academic and research regulations.

(3) The Government will develop and promote research, creativity and innovation in art, science and technology by enacting laws that will:

(a) protect copyright and patent and the rights of innovators, researchers and artists;

(b) enable education and research institutes to use their findings for the benefit of the Nation;

(c) supervise the motivation of science and technology; (d) enable to develop human resources in academic, science, technology

and creative fields; (e) protect and supervise the quality of knowledge, research and the use

of innovation and creativity; and (f) will elaborate on other issues related to copyright and patent.

PART TWODUTY OF THE CITIZEN, COMMUNITY AND STATE AUTHORITY AND LIMITATIONS OF HUMAN RIGHTS

Duty of the citizen and the community

(a) Duty of the Citizen and the Community to the Nation

60.-(1) Every citizen has the duty to:(a) safeguard and defend the Constitution of the United Republic; and (b) defend the United Republic and participate in national defense. (2) Every person has the duty to: (a) obey this Constitution and laws of the country; (b) protect and respect National Values and important thing

of recognition and heritage of the Nation; (c) pay tax in accordance with the law; and (d) respect the right, freedom and the interests of other people.

Duty to participate in work

61.-(1) Every person has the duty to:(a) lawful productive work; and (b) observe work discipline and strive to attain individual and

collective productive target desired or set by law. (2) Notwithstanding the provisions of Sub-article (1), any forced, cruel o

or degrading labour is forbidden in the United Republic. (3) For the purpose of Sub-article (2), no work shall be deemed to be

foforced, cruel or degrading if that work is according to law is: (a) work which has to be done pursuant to a judgment or order of

20

Protection of public property

A court; (f) work which has to be done by a member of a force in the discharge

of his responsibilities; (g) work which has to be done due to the state of emergency or any

calamity which threatens life or wellbeing of the society; or (h) any work or service which forms part of:

(i) routine service for ensuring the well-being of the society; (ii) compusory national service in accordance with the law;(iii) the national endeavor at the mobilization of human resources for the

enhancement of the society and the national economy and to ensure development and national productivity.

62.-(1) Every citizen has the duty to protect and preserve natural resources of the Nation, the property of the state authority and any property collectively owned by the people, and also to respect another person’s property.

(2) Every person has the duty to:(a) combat all forms of waste and squander and to manage the national

economy assiduously taking into account sustainable plans and the rights of the future generations;

(b) to provide information on acts of sabotage against natural resources of the Nation.

63 –(1) Every person has the right to enjoy basic human rights, and the result of every person fulfilling his duty to the society as stipulated in this Constitution;(2) Every person has the right to equal protection under the law of the United republic

Rights and fundamental duties

(2) equal protection under the laws of the United Reopublivc.

(3) A person in the United Republic shall not have a right, status or special position on the basis of his linage, descent, religion, race, origin or his heritage.

(4) It is prohibited for any law to confer any right, status or special position upon any person of the United Republic on the basis of linage, descent, religion, race, origin or heritage.

(5) In order that all persons may benefit from the rights and freedom guaranteed by this Constitution, every person has the duty to so conduct himself and his affairs in a manner that does not infringe upon the rights and freedom of others or the public interest.

Protection of human rights

(b) Duties of the State Authority64.-(1) The Government and the state authorities have the duty to

observe and protect human rights as the principle of the freedom as stipulated in this Constitution.

(2) Rights and freedom of every person shall be respected, protected and sustained by the state authorities, private institutions

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Oversight of human rights

and every citizen.

65.-(1) In the interpretation the provisions of this Chapter on Human Rights, a Court or any decision making body shall consider the following:(a) international law and human rights; and(b) rights of the society and interests of the society in general.

(2) Any person who believes that provisions contained in this Chapter have been violated or are likely to be violated by an authority, decision making organ, law or any policy, against him , he may present or institute proceedings in the High Court by a special application in accordance with the laws of the country for seeking redress. (3) The court can, in accordance with Sub-article (1) issue directives it deems fit, issue a stop order, objection or order a redress.(4) Proceedings in the Constituent court in accordance with the provisions of this Article could be instituted by ;

(a) The Attorney General; (b) A person representing himself or an institution representing its

members; (c) A person representing another person who cannot represent himself in

accordance with the laws of the country; or

(d) a person representing a group of people with common goals or a community of certain people whose rights have been violated.

(5) Where in any proceeding it is alleged that any law that has been enacted or any step taken by the Government or another authority omits or forbids a right, freedom and essential duties aminating from Article 32 up to 59, and if the High Court is satisfied it shall make a pronoucemen that the law or the step in question is nil and void or contrary to the Constitution.

(6) In the event that the High Court deems it fit, conditions or interest of the community so dictate, instead of pronouncing that that step or law is null and void, the High Court shall have the power to decide or provide an opportunity to any other related authorities to redress the limitations in the law or the step being complained against in the period to be determined by the Court. The law or step taken will continue to be valid until the redress is made or the period set by the High Court expires provided that a shorter period is considered.

Limitations of human rights

(c) Limitations of Human Rights 66. In the event any limitations are to be set regarding the rights

stipulated in this Chapter such limitations should be applied in transparency and democratically taking into account dignity, equality, freedom and important cricriteria that includes:

(a) type of right: 22

Law on rights, freedom and duty

Citizenship of the United Republic

Right of citizenship

Citizenship by birth

(4) importance and reasons for setting such limitations; (5) origin and magnitude of the relevant limitations; (6) relationship between the relevant limitation and its reason;

(7) a simple way of attaining the objective of the use of the relevant limitation; and

(8) importance of safeguarding the security of the country.

67. Without prejudice to the provision of this Chapter, Parliament will enact a law, which among other things, shall oversee the use and implementation of the rights, freedom and duty stipulated in this Chapter.

CHAPTER SIXCITIZENSHIP IN THE UNITED REPUBLIC

68.-(1) A person who before this Constitution comes into force, is a citizen of the United Republic will continue to be a citizen of the United Republic.

(2) There shall be two types of citizenship in the United Republic and it shall be attained by birth or registration.

69. Every citizen has the right of his citizenship being recognizer and for this purpose, the state authority shall institute a legal procedure that will enable a citizens to get a birth certificate, national identity card without favour and discrimination of any type, and if needed traveling documents.

70.-(1) Every person born in Tanzania Mainland or Zanzibar will be a citizen of the United Republic by birth if on the date of his birth, his mother or father is, or was a citizen of the United Republic.

(2) According to the provisions of this Constitution, a person born out of Tanzania shall be a citizen of the United Republic by birth from the date of his birth if his mother or father is a citizen of the United Republic.

(3) If one of the parents died before the birth of the person, the citizenship of that person at his death shall be used for the purpose of recognising the citizenship born after the death of his parent as though that parent were alive until the birth of that person.

(4) A child below the age of seven years if found within the border of the United Republic in the circumstances that his parents are not known, the child shall be considered as a citizen of the United Republic by birth.

(5) If the citizenship of the parents of a child who was granted citizenship under the provisions of Sub-article (4) will be evident that it is not of the United Republic the citizenship of that child will cease.

(6) Without prejudice to the provisions of this Article, the Parliament shall enact a law that will set provisions and procedures of:

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Citizeship by registaration

Special status for people of Tanzania origin

Structure of the Union

(a) acquiring of citizenship for people born by the citizens of Tanzania outside the country;

(b) restoring the citizenship of people whose citizenship was revoked after acquiring the citizenship of another country; and

(c) other matters that will require the enacted of a law.

71.-(1) Soon after this Constitution comes into force a person who has been a resident of United Republic who has met all the conditions of the laws of the country could apply for registration to become a citizen of the United Republic.

(2) A person who is married to a citizen of the United Republic who has:(a) remained in that marriage for seven consecutive years; and (b) has met the conditions stipulated by law in accordance with Sub-

article (1), could apply for registration to become a citizen of the United Republic.

(3) In the event that the marriage referred to in Sub-article (2) shall break, if that person has not renounced his Tanzanian citizenship, he will continue to be a citizen of the United Republic.

(4) A child born from a marriage referred to in Sub-article (2), will be a citizen of the United Republic by birth.

(5) A child who is below the age of eighteen whose parents are not citizen of Tanzania, if adopted by a citizen of the United Republic, his adoption shall enable that child to become a citizen of the United Republic by registration.

(6) The Parliament shall enact a law, which among other things shall oversee issues related to the citizenship of the United Republic.

72. Without prejudice to the provisions of this Chapter any person of Tanzania origin and has renounced the citizenship of the United Republic to become a citizen of another country, while in the United Republic, he shall have a special status as it might be stipulated by the laws of the country.

CHAPTER SEVENSTRUCTURE OF THE UNITED REPUBLIC

73. The United Republic of Tanzania shall have a two Government structure which are:

(a) The Government of the United Republic; and (b) The revolutionary Government of Zanzibar.

Implementation of the functions of the State Authority

74.-(1) All the functions of the State Authority in the United Republic shall be implemented and controlled by two organs with executive powers, two organs with powers of the dispensation of justice, and also two organs with legislative powers and oversight of the discharge of the functions of the Government.

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Authority of the Government of the United Republic

Authority of the Revolutionary Government of Zanzibar on non Union matters

(2) The organs with the executive powers will be the Government of the United Republic and the Revolutionary Government of Zanzibar; organs with powers of dispensation of justice will be the Court of the United Republic and the high Court of Zanzibar, and organs with legislative powers and oversight of the discharge of the functions of the Government will be the Parliament and the House of Representatives.

(3) For the purpose of better execution of the functions of the Government functions in the United Republic, and for the purpose of the division of powers on those functions among the organs mentioned in this Article, there shall be Union matters as listed in Schedule One of this Constitution and there shall also be non-union matters which are all other non- union matters.

(4) Every organ mentioned in this Article shall be formed and perform its responsibilities by following other provisions contained in this Constitution.

75. The Government of the United Republic shall have the jurisdiction on all union matters in the United Republic and on all non Union matters concerning Tanzania Mainland.

76.-(1) The Revolutionary Government of Zanzibar shall have the jurisdiction and right on non Union matters concerning Zanzibar.

(2) Without prejudice to the demarcations set by this Constitution, in the exercise of its powers under Sub – article (1), the Revolutionary Government of Zanzibar shall have the power and freedom to establish relation and cooperation with any regional or international organization or institution.

(3) While exercising its authority and responsibilities in accordance with this Article, the Revolutionary Government of Zanzibar shall need the cooperation from the Government of the United Republic for the purpose of facilitating relation or cooperation with a regional or international organization or institution, the Government of the United Republic may facilitate such relation or cooperation by observing the provisions of this Constitution and the law to be enacted by Parliament.

(4) For the purpose of this Article, Parliament shall enact a law that will stipulate and define:

(a) responsibilities and limitations of implementing the authority of the Government of the United Republic and the Revolutionary Government of Zanzibar in relation to the regional or international relation or cooperation;

(b) procedure of dealing with effects resulting from regional or international cooperation;

(c) procedure for seeking and availability of loans and aid as a result of such relation or cooperation;

(d) procedure or conditions for breaking or developing such relation or cooperation;

(e) communication procedures and consultation between the Government of the United Republic and the Revolutionary Government of Zanzibar in relation to the regional or international relation or cooperation;

(f) procedure for the implementation of this Article; and 25

Relationship between the Government of the United Republic and the Revolutionary Government of Zanzibar

Duty of senior leaders to safeguard the Union

(g) other issues related to regional or international relation or cooperation under this Article.

77.-(1) In executing its responsibilities in different fields, the Government of the United Republic of Tanzania shall observe the principles of cooperation and consultation with the Revolutionary Government of Zanzibar for the purpose of developing and safeguarding the interests of the Nation and development of the people.

(2) For the purpose of enhancing unity and relationship, the Revolutionary Government of Zanzibar and the Government of the United Republic, may consult each other and cooperate on issues related to leadership, governance, representation organs and the judiciary.

(3) The operation the Government of the United Republic, Revolutionary Government of Zanzibar or any organ of those Governments shall be executed while taking into account the unity of the United Republic and the duty to develop nationalism.

(4) Without prejudice to the provisions of this Article, the Government of the United Republic under special agreement between it and the Revolutionary government of Zanzibar, could do anything under the jurisdiction of the Revolutionary Government of Zanzibar in accordance with such agreement.

78.-(1) Without prejudice to the duty of every citizen according to this Constitution, every senior leader with executive power in the United Republic mentioned in Sub-article (3) shall be obliged to exercise power vested in him in accordance with this Constitution to ensure that he defends, protects, strengthens and sustains the unity of the United Republic of Tanzania.

(2) For the purpose of the provisions of Sub-article (1) each of the senior leaders mentioned in Sub-article (3), before assuming his position, shall swear to defend, to safeguard and to sustain the Union according to this Constitution.

(3) Senior leaders who are concerned with the provisions of this Article are:

(a) President of the United Republic; (b) Vice-President of the United Republic; (c) President of Zanzibar; (d) Prime minister of the United Republic; and (e) Vice-President of Zanzibar.

Government of the United Republic

CHAPTER EIGHTGOVERNMENT OF THE UNITED REPUBLIC

PART ONEGOVERNMENT, PRESIDENT AND VICE-PRESIDENT

(a) Government79.-(1) There shall be a Government of the United Republic that shall be

constituted of the President, Vice-President and the Cabinet.(2) Without prejudice to provisions of Article 74, the powers of the

26

President of the United Republic

Government of the United Republic shall be executed by the President himself or by delegating that responsibility to any person with responsibilities in the public service in the United Republic.

(3) It should be understood that the provisions contained in this Article shall not be construed as:

(a) transferring to the President all powers which by law have been conferred to another person or authority other than the President(b) preventing Parliament from conferring power upon any person or

people or any other authority other than the President; or (c) preventing Court to conferring power upon any person or people

with authority in the Courts of the United Republic.

(b) The President 80.-(1) There shall be a President of the United Republic.(2) The President of the United Republic shall be the Head of State, the

Leader of the Government of the United Republic and Commander-in-Chief and:

(a) he shall be the symbol and the expression of the United Republic and its people; and

(b) the symbol of unity, freedom of the country and its sovereignity.

Powers and responsibilities of the President

Execution of Presidential powers

81.-(1) The President shall execute the powers of the Head of State, Leader of the Government, Commander-in-Chief according to this Constitution and shall have the powers and responsibilities as stipulated by laws enacted by Parliament.

(2) The President shall have the authority to execute other responsibilities which are traditionally executed by the Head of State, Leader of the Government or the Commander-in-Chief, which have not been stipulated in this Constitution and the laws to be enacted by Parliament.

82.-(1) In the execution of the powers of the President in accordance with this Chapter, the President shall have the authority to institute or abolish office of authority in the service of the Government of the United Republic.

(2) The President shall have the authority to appoint persons to hold positions of leadership responsible for formulating policies for departments and institutions of the Government and the Chief Executives who are responsible for supervision of the implementation of policies of those departments and institutions in the service of the Government of the United Republic, positions that have been mentioned in this Constitution or laws to be enacted by Parliament that they will be mentioned in the appointments made by the President.

(3) The authority for appointment of other persons who are not leaders or chief executives to hold positions of authority in the service of the United Republic, and the authority for promoting such people, to remove them from office, to terminate their employment, to suspend them from work and the authority to regulate the discipline of persons who are given authority shall vest

27

The President to observe advice

President to be unable to discharge the functions of his office

Procedure to fill the post of a President before completion of his term of office

in the relevant authorities for discipline and appointment according to this Constitution and the Laws of the country.

(4) The provisions of Sub-article (2) shall not prohibit the President to take steps of maintaining discipline of public servants and the public service of the Government of the United Republic.

83. In the execution of his responsibilities and functions according to the Constitution and the laws of the country, the President shall be free in the execution of his work and shall not be obliged to follow or observe advice given to him by any person or any authority except where he is required by this Constitution or other any other law to perform any other thing in accordance with the advice given to him by a person or any authority.

84.-(1) Where the Cabinet is satisfied that the President is unable to discharge the functions of his office by reason of physical or mental infirmity it will submit to the Chief Justice a resolution requesting him to certify that the president, due to physical or mental infirmity, is unable to discharge the functions of his office.

(2) On receiving such a resolution in accordance with Sub-article (1), the Chief Justice shall appoint a medical board of not less than three people whom he shall appoint from among medical specialists recognized by law and such board shall inquire that issue and advise the Chief Justice accordingly.

(3) The Chief Justice may, after considering the medical advise and medical evidence, present to the speaker a certificate certifying that the President, due to physical or mental infirmity, is unable to discharge the functions of his office and if the Chief justice does not rescind that certificate within seven days for the reason that the President’s condition has improved and he has resumed work, then it shall be deemed that the office of the President is vacant and the provisions contained in Article 85(1)(d) shall apply.

85.-(1) Where the office of the President becomes vacant by reason of :(a) The President dying; (b) The President resigns; (c) The President loses electoral qualifications for the position of the

office of the President; (d) The President is unable to perform his functions due to physical or

mental infirmity; (e) The President is impeached and removed from office in accordance

with this Constitution, Then the First Vice-president shall be sworn in and become the President for the unexpired period of the term of five years and in accordance with provisions set out in Article 92. (2) Soon after the President is sworn in and resumes the functions in accordance with Sub-article (1), and in whatever the case, within the period of not more than fourteen days since he was sworn:(a) for the President nominated by a political party he belongs; or(b) for the President elected as a private candidate after consultation with the Free Electoral Commission

Discharging of duties and functions of the President when he is absent

He shall recommend a name of a person who shall become the First Vice-President and that nomination shall be approved by Parliament by the majority of the votes of all members of Parliament. 86.-(1) Where the office of the President becomes vacant following:

(a) the provisions contained in Article 84; (b) the provisions contained in Article 97; (c) where he is absent from the United Republic, the duties and functions of the President

shall be discharged by one of the following in the order specified: (i) The First Vice-President or if his office is vacant or if he is absent or is ill then;

(ii) The Prime minister. (2) Where any among the people mentioned in Sub-article (1) shall discharge the duties

and functions of the office of the President by reason that another person who precede him in that list is absent, then that person shall cease to discharge such duties and functions soon after that person who precedes him returns and resumes to discharge duties and functions of the President.

(3) Any person acting in the position of the duties of the President, in any way, shall not have power in the following matters:

(a) to appoint or to remove from office any leader appointed by the President in accordance with this Constitution; or

(b) to do any other matter that is prohibited as specified by the President in the certificate of delegating his powers.

(4) For the purpose of Sub-article (2) and (3), the President shall delegate his powers by a special certificate signed by himself.

(c)Election of the President

Election of the President

87.-(1) The President shall be elected by the citizen in accordance with the provisions of this Constitution and in accordance with the laws of the country.

(2) the election of the President shall be held before the President has completed his tenure of office in accordance with this Constitution.

Qualifications of the President

88.-(1) A person shall be entitled to be elected to hold the office of the President of the United Republic if:

(a) He is a citizen of the United Republic by birth in accordance with this Constitution and law enacted by Parliament;

(b) He is of a sound mind; (c) His both parents are citizens of the united Republic by birth; (d) At a time of contesting he has attained the age of not less than forty

years; (e) He holds a Bachelors degree from a recognised university in

accordance with the law, or skill and experience in leadership at national level that will enable him to hold the office of the President;

(f) He is a member and a candidate nominated by a political party

29

Procedure for the election of the President

Complains on the legality of the Presidential election

or a private candidate. (2) No person shall qualify to contest for the office of the President if

that person: a (a) has any interest in a Government contract of any type where he has

to observe specific ethics in accordance with the law and he has violated such ethics;

(b)he was a citizen of another country; or (c) He was convicted by an organ with authority for tax avation and any

other criminal offence. 89.-(1) During the Presidential election every political party wishing to

participate in the election of the President, shall submit to the Independent Electoral Commission of the United Republic, in accordance with the law, name of one of its members whom it proposes for the office of the President.

(2) Where a candidate is a private candidate, in accordance with the qualifications stipulated in the law to be enacted by Parliament, he will submit his name to the Independent Electoral Commission.

(3) The names of the candidates proposed for the Presidential election shall be presented to the Independent Electoral Commission on the date appointed in a procedure stipulated by the law of the country.

(4) Where on the date and time appointed for the purpose of submission of the names of the candidates, only the name of one candidate is validly submitted, the Independent Electoral Commission shall nominate that candidate and present his name to the electorate who shall vote either for or against him in accordance with the provision stipulate in thisConstitution and the laws of the country.

(5) The election of the President of the United Republic shall be held on a date to be appointed by the Independent Electoral Commission in accordance with the law.

(6) The Presidential candidate shall be declared duly elected President only if he has obtained more than fifty percent of all the votes cast for the office of the President.

(7) Where in the Presidential election there shall be no candidate who shall meet the provisions of Sub-article (6) there shall be a re-run of the election within sixty days for the first and second winners and the candidate who shall obtain more than fifty percent of the votes shall be declared the winner of the office of the President.

(8) All other matters related to the Presidential election shall be as defined in the law to be enacted by Parliament for that purpose.

90.-(1) In accordance with Sub-article (2), where any person who has contested as a candidate for the office of the President in the Presidential election is not satisfied with the outcome of the election, he can file his complains in the High Court to challenge the results of the Presidential election announced by the Independent Electoral Commission.

(2) Complains to challenge the results of the Presidential election shall be filed at the High Court within seven days after the announcement of the results of the Presidential election.

30

President’s Oath and tenure of office

Right to be reelected

Power to declare war

(3) The High Court shall hear and deliver verdict on the proceedings related to the challenging of the results of the Presidential election within the period of fourteen days from the day of receiving the complains filed in accordance Sub-article (2) and that verdict shall be final.

(4) For the purpose of Sub-article (3), the High Court can deliver a verdict without giving reason leading to that verdict and the reasons shall be given within the period of not more than thirty days since the day the verdict was delivered

(5) Where the High Court shall decide that the results of the Presidential election are illegal, the re-run of the Presidential election shall take place within sixty days after the verdict was issued.

91.-(1) The President elect shall be sworn in by the Chief Justice or Deputy Chief Justice where the Chief Justice is absent and shall assume the powers of the office of the President seven days after being declared by the Independent Electoral Commission or soon after being confirmed by the High Court.

(2) Unless he sooner resigns, the President shall hold the office of the President for a period of five years from the day he was sworn in to become President.

(3) The President shall hold the office of the President until: (a) the day the President elect shall take the oath of office of President; (b) the day he dies; (c) the day he resigns; or (d) he ceases to hold the office of President in accordance with the

provisions of this Constitution. 92.-(1) A person who holds office of President shall be eligible for re

election to that office for another five-year term.(2) No person shall qualify to contest and be elected more than twice to

hold the office of President.(3) Without prejudice to the provisions of this Constitution, a person who

held office as President of Zanzibar shall not lose qualification for contesting and be elected to become the President of the United Republic.

(4) Where a person who was holding the office of the First Vice-President shall hold the power of the office of the President in accordance with the provisions of Article 85 for a period of less than three years, he shall be eligible to contest for the office of the President for two terms, but if he holds the office of the President for a period of three years or more he shall be eligible to contest the office of the President for one term only.

(d) Special Terms of Office of President

93.-(1) Subject to the provisions of this article , the President shall have the power to declare the existence of a state of war between the United Republic and any other country or any group after an approval of Parliament.

(2) Not withstanding the provisions of Sub-article (1), in the31

Powers of the President to declare state of emergence

event that the United Republic is invaded or any group starts a war within the United Republic, the President may, after consultation with the national Security Council, declare the existence of a state of war in the United Republic.

(3) After making the declaration in accordance with Sub-article (2), the President shall inform the Parliament by transmitting a copy of such declaration to the Speaker of the National Assembly who within fourteen days from the date of the declaration, shall convene a meeting of the National Assembly to inform the National Assembly on the declaration made by President.

94.-(1) Without prejudice to the provisions of this Constitution or any law, the President may after consultation with the National Security Council, proclaim the state of emergency or the state of siege in relation to a certain area of the United Republic or any part thereof.

(2) The President may proclaim the existence of a state of emergency if: (a) The United Republic is in a state of war; (b) there is a real danger that the United Republic is about to be invaded

and to be in a state of war; (c) there is actual situation of breakdown of public order or non-

existence of public security in the United Republic or in any part thereof, such that it is necessary to take extraordinary measures to restore order and security;

(d) there is clear and grave danger, such that the breakdown of public order and cessation of public safety in the United Republic or any part thereof are inescapable except by involving extraordinary powers;

(e) there is or there are indications of imminent occurrence of a disaster which threatens the society or part thereof in the United Republic; or

(f) there is some kind of danger which clearly constitute a threat to the security of the country.

(3) In the event that a state of emergency is proclaimed in the United Republic or any part of the United Republic, the President shall transmit a copy of the proclamation to the Speaker of the National Assembly who shall convene the meeting of the National Assembly within not more than fourteen days since the proclamation to inform the National Assembly on the state of emergency proclaimed by the President.

(4) Parliament may enact a law providing time and procedure which will enable certain persons in charge of Government functions in special areas of the United Republic to request the President to exercise the powers conferred on him by this Article in relation to any of those areas where there exists any of the situations specified in paragraph (c), (d) and (e) of Sub-article (2) and that situation does not extend beyond the boundaries of such areas and also for the purpose of specifying the exercise of executive powers during a state of emergency.

(5) A proclamation of the state of emergency issued by the President pursuant to this Article shall cease to have effect if it is revoked by the President.

(6) For the avoidance of doubt in the interpretation or application of the provisions of this article, the provisions related the proclamation of the state of emergency as provided for in this article shall apply to the

32

Powers of President for prerogative of mercy

Immunity against proceedings against the President

part of the united republic in respect of which the state of emergency has been declared.

95.-(1) The President a Head of State, has the power to:(a) Pardon any person convicted by a court for any offence agains the

united Republic on specific conditions as stipulated by law(b) release completely or for a specific period any person who has been

sentenced for any offence so that that person does not completely complete the sentence he is serving or serves that sentence in that specific period;

(c) commute a death penalty to a life imprisonment; or (d) to rescind the entire penalty or part of any penalty imposed on any

person for any offence or to rescind the entire penalty or part of the penalty of a fine (or confiscation) of an object of a person who is guilty which otherwise would have been taken by the Government of the United Republic.

(2) The provisions of this Article shall apply to persons convicted and punished in Zanzibar and punishment imposed in Zanzibar under the legislation enacted by Parliament which applies to Zanzibar, likewise such provisions shall apply to persons convicted and punished in mainland Tanzania in accordance with the law.

(3) For the purpose of this Article there shall be a National Advisory Committee that will advice the president in relation to granting pardon to any person convicted by a court and serving a sentence.

(4) The procedure to be followed in the exercise of powers under this Article, structure, responsibilities and operations of the body concerned with matters related to providing pardon to convicts shall be stipulated by law.

96.-(1) During the President tenure of office, no proceedings shall be instituted against him for any criminal offence.

(2) During the President’s tenure of office in accordance with this Constitution, no civil proceedings against him shall be instituted in court in respect of any thing done or not done , by him in his personal capacity as a President whether before or after he assumed the office of the President, unless at least thirty days before the proceedings are instituted in court, notice of claim in writing has been delivered to him pursuant to the procedure prescribed in accordance with the law, stating the nature of such proceedings, the cause of action, the name, residential address of the claimant and the relief which he claims.

(3) Except where he ceases to hold the office of President following his removal from office by Parliament, it shall not be legal for any person to institute in court any criminal or civil proceedings against a person who was holding the office of President after he ceases to hold such office for any thing he did in his capacity as President.

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Parliament to impeach President

97.-(1) The National Assembly may pass a resolution to remove the President from office if a motion to impeach the President is moved and passed in accordance with the provisions of this Article.

(2) Without prejudice to the other provisions of this Article, no motion to impeach the President shall be moved save only if it is alleged that the President has committed any of the following offences:

(a) gross violation of provisions of this Constitution; (b) serious criminal offences; (c) to obstruct in any way his being investigated in accordance with this

article; (d) corruption; (e) has conducted himself in a manner which lowers the esteem of the

office of the President of the United Republic; (f) to disregard or refuse to comply with the decision or legal order of

the Court; or (g) has committed an act that violate code of conduct or leaders ethics. (3) the National Assembly shall not pass a motion to impeach the President save only if:(a) no such motion has been moved within twelve months since a similar motion was

moved and rejected by the National Assembly; and (b) a written notice, signed and supported by not less than twenty five percent of all

members of Parliament is submitted to the Speaker fourteen days prior to the sitting at which such motion is intended to be moved in the National Assembly.

(4) the notice to be submitted in accordance with Sub-article (3)(b) shall specify wrongs committed by the President, and proposing that a Special Committee of inquiry be instituted to inquire into the charges brought against the President.

(5) Any time after the Speaker receives the notice dult signed by members of Parliament and satisfy himself that the provisions of the Constitution for the moving of the motion have been complied with , the Speaker shall allow the presenter of the motion to present the motion before the Parliament and the Speaker shall ask the Parliament without discussing, to vote on the motion to constitute a Special Committee of Inquiry.

(6) Where a motion to constitute a Special Committee of Enquiry is supported by not less than seventy five percent of all the members of Parliament, the Speaker shall announce the names of the members of the Special Committee of Inquiry.

(7) The Special Committee of Inquiry for the purpose of this Article shall consist of the following members:

(a) The Chief Justice of the United Republic of Tanzania, who shall be the Chairman of the Committee;

(b) Chief Justice of Zanzibar, who shall be the Vice-Chairman; and (c) Five Members of Parliament from the Parliament of the United Republic who

shall be appointed by the Speaker taking into account the representation of every part of the Union.

Within seven days after the Special Committee of Inquiry is constituted it shall inquire into and analyze the charges preferred against the President, including affording the President the opportunity to be heard in accordance with the procedure prescribed by the Standing Orders of the National Assembly

Benefits of the President

Vice-President of the United Republic

Availability of the First Vice-President

(9) As soon as possible, and in any event within a period of not more ninety days, the Special Committee of inquiry shall submit its report to the Speaker.

(10) After the Speaker receives the report of the Special Committee of Inquiry, the report shall be tabled before the National Assembly in accordance with the procedure prescribed by the Standing Orders of the National Assembly.

(11) After the report of the Special Committee of Inquiry is submitted,the National Assembly shall discuss the report and shall afford the President to be heard, and than by the vote of not less than seventy five percent of all the members of Parliament, the National Assembly shall pass a resolution either that the charges against the President have been proved or have not been proved.

(12) In the event the National Assembly passes a resolution that the charges agaist the President have been proved and that he is unworthy of continuing to hold the office of President, the Speaker shall inform the President about the resolution of the National Assembly and the President shall be removed from office and the Vice-President shall be sworn in immediately to hold the office of President.

(13) In the event the President ceases to hold the office of President by the reason of the charges against him being proved, he shall not be entitled to:

(a) hold any office of responsibility in the country; and (b) receive any payment by way of pension, allowance or to receive any

rights or other benefits entitled to the President or a retired President under the Constitution or law.

98.-(1) The President shall be paid such salary and other remunarations and on retirement he shall receive such pension, gratuity or allowance from the Consolidated Fund.

(2) The salary and all other benefits due to the President shall not be reduced while he is in office in accordance with the provisions of this Constitution.

(3) Parliament shall enact a law for the implementation of the provisions of this Article.

(e) Vice-President99. There shall be three Vice-Presidents who shall be:(a) The First Vice-President; (b) The President of Zanzibar who shall be the Second Vice-President;

and (c) The Prime Minister who shall be the Third Vice-President. 100.-(1) A person shall not be nominated to contest or to hold the office

of the First Vice-President of the United Republic save only if he has the qualification of being elected as President.

(2) Without prejudice to the provisions of Article 88, the First Vice-President shall be obtained by being elected during the election together with the President, after being nominated by his party or independent candidate at the same time when the Presdential candidate is nominated and shall

35

Responsibilities of the First Vice-President

be voted togather.(3) Any political party or person intending to contest for the office of the

President as an independent candidate shall not be prevented from nominating any person to contest for the office of the First Vice-Presidentfor the reason only that such person is at that time holding the office of President of Zanzibar.

(4) Where a candidate contesting for office of the President is elected then the First Vice-President is automatically elected.

(5) A person shall be nominated to contest the office of the First vice-President following the regulation that where a person contesting for the office of President of the United Republic comes from one side of the United Republic, then the First Vice-President shall come from the other side of the United Republic.

(6) In discharging the functions of his office, the First Vice-President shall implement or cause to be implemented or oversee the implementation of any matters which the President shall order to be implemented.

101. The First Vice-President shall be the Principal Assistant of the President in respect of all the matters in the United Republic:

(a) he shall perform all the duties assigned to him by the President; (b) he shall perform the duties and functions of the office of the President

when the President is out of office or out of the country in accordance with the provisions of Article 86(3); and

(c) he shall be the Chairman of Intergovernment Relations and Cordination Commission for the Supervision and Implementation of Union Matters.

Tenure of office of the First Vice President

102.-(1) The First Vice-President shall assume the office of the First Vice-President soon after the President assumes office after being sworn in.

(2) The First Vice-President shall hold the office of the First Vice –President until:

(a) he dies while in office; (b) he resigns; (c) he is sworn in as President after the office of the President falls

vacant; (d) when another President is sworn in to hold the office of President

together with his Vice-President; (e) when he is unable to discharge the functions of his office by reason of

physical or mental infermity; (f) when he is removed from office following his impeachment by the

National Assembly in accordance with the provisions of this Constitution; or

(g) when he ceases to hold office of the First Vice-President for any other reason in accordance with the provisions of this Constitution.

Parliament to impeach the First Vice-President

103.-(1) The National Assembly shall have the power to impeach and remove from office the First Vice-President under the same procedure used to impeach the President in accordance with this Constitution save that

36

First Vice-President to be unable to discharge the functions of his office

any motion to impeach the First Vice-President shall be moved only if:(a) the President has submitted a certificate to the Speaker stating that

the First Vice-President has ceased or failed to discharge the duties and functions of the office of the First Vice-Preident;

(b) he has conducted himself in a manner that lowers the esteem of the office of the President of the United Republic of Tanzania or the office of the First Vice-President; or

(c) he is alleged to have commited any of the offences that could lead to the impeachment of the President by the National Assembly in accordance with this Constitution,

and no such motion shall be moved within twelve months from the time when a similar motion was previously moved and rejected by the National Assembly.

(2) Other provisions relating to the procedure of impeaching the President shall apply while removing from office the First Vice-President.

(3) All other provisions of Article 96 shall apply also in relation to the First Vice-President save only that a First Vice-President who has been removed from office under Sub-article (1), shall no longer qualifiy to hold the office of President or the First Vice-President.

(4) In the event the First Vice-President ceases to hold the office of the First Vice-President as a result of charges against him being proved, he shall not be entitled to any pension, allowance or all other benefits due to the First Vice-President or retired First Vice-President in accordance with this Constitution or laws of the country.

104. In the event that the First Vice-President is unable to discharge the functions of his office by reason of physical or mental infirmity, the President may, after consultation with the Cabinet, submit to the Chief Justice a resolution requesting te chief justice to certify that the First-Vice president, due to physical or mental infirmity is unable to discharge the functions of his office and other provisions of Article 84 shall apply.

Availability of the First Vice-President when that office falls vacant

105. In the event that the office of the First Vice-President is vacant pursuant to

the provisions contained in Article 102 and 103, then as soon as possible and

under any circumstances within the period of not more than fourteen days from

the time of his death, or relinquish his powers, the President sha appoint a person

who shall become the First Vice-President and the appointment shall be

confirmed by Parliament by the majority of the votes of all members of

Parliament.

Oath of the Fist Vice-President

106. Before assuming his office the First Vice-President shall be sworn in by the

Chief Justice of the United Republic of Tanzania or deputy Chief justice if the

chief Justice is absent, to take an oath of allegiance or any other oath relating to

the discharge of his functions in accordance with law.

Second Vice-President

107.-(1) The Second Vice-President of the United republic who is the President

of Zanzibar, together with his other responsibilities stipulated in the Zanzibar

Constitution, shall assume the office of the Second Vice-President soon after

being sworn in by the President.37

Third Vice-President

Terms of office of the Vice-President

(2) A person shall qualify to become the Second Vice-President only if he is the President of Zanzibar in accordance with the Zanzibar Constitution.

(3) In the event that the office of the Second Vice-President is vacant because of any reason, that position shall be filled in accordance with the provisions of the Zanzibar Constitution.

108.-(1) The Third Vice-President of the United Republic who is the Prime Minister, together with his other responsibilities stipulated in this Constitution, shall asume office after being sworn in by the President.

(2) A person shall qualify to become the Third Vice-President only if he is the Prime Minster in accordance with this Constitution.

(3) In the event that the office of the Third Vice-President falls vacant in accordance with the provisions of this Constitution, the position shall be filled in accordance with the provisions of this Constitution.

109.-(1) The Vice-President shall be paid such salary and other remunarations and on retirement he shall receive such pension, gratuity or allowance from the Consolidated Fund.

(2) The salary and all other benefits due to the Vice-President shall not be reduced while he is in office in accordance with the provisions of this Constitution.

(3) Parliament shall enact a law for the implementation of the provisions of this Article.

PART TWOPRIME MINISTER AND THE CABINET OF THE GOVERNMENT OF THE UNITED REPUBLIC

Prime Minister of the United Republic

(a) Prime Minister

110.-(1) There shall be Prime Minister of the United Republic who will be appointed by the President in accordance with the provisions of this Article, who befure resuming office, shall take an oath before the President an oath related to the office of the Prime Minister.

(2) As soon as it could possibly be and in any event within fourteen days after assuming his office, the President shall nominate an elected Member of Parliament from an electoral constituency from a political party with the majority of members in Parliament, or if there is none from a political party with more members, who is likely to be supported by most of the Members of Parliament, to become Prime Minister of the United Republi, and he shall not resume that office until his appointment is first confirmed by Parliamet, by a resolution to be supported by the votes of the majority of Members of Parliament.

(3) Withou prejudice to other provisions of this Constitution, the Prime Minister shall hold the office of the Prime Minister until:

(a) the day the president elect takes an oath of office; (b) the day he dies while in office;

38

Functions and authority of the Prime Minister

Government accountability

(c) the day he resigns; (d) the day the President appoints another Member of Parliament to

become Prime Minister; or (e) when he ceases to hold the office of Prime Minister in accordance

with other provisions of this Constitution. 111.-(1) The Prime Minister shall have the powers to control, supervise

and implementation of the day to day functions and activities of the Government of the United Republic.

(2) The Prime Minister shall be the head of the Government business in Parliament.

(3) In the exercise of his powers, the Prime Minister, shall implement, cause to be or supervise the implementation of any matter or any things that the President shall order to be implemented.

112.-(1) Without prejudice the provisions of this Constitution, the Prime Minister shall be accountable to the President in relation to the exercise of his powers.

(2) The Government of the United Republic under the authority of the President, shall have the powers to make decisions on the policy in general, and the Ministers under the leadership of the Prime Minister, shall be collectively accountable in Parliament in relation to the implementation of the functions of Government of the United Republic.

Vote of no confidence agaist Prime Minister

113.-(1) Notwithstanding the provisions of Article 110, Parliament could pass a resolution on vote of no confidence against the Prime Minister if a motion shall be moved, so proposing and approved in accordance with the provisions of this Article.

(2) Without prejudice to other provisions of this Article, any motion urging the approval of vote of no confidance against the Prime Minister shall not be moved in Parliament if:

(a) it has no connection with the implementation of the responsibilities of the Prime Minister in accordance with Article 111, or there are no claims that the Prime Minister has violated the law concerning ethics of public leaders;

(b) it is not yet six months since he was appointed; or (c) it is not yet nine months since a similar such order was moved in

Parliament and the Parliament refused to approve it. (3) The motion urging a vote of no confidence against the Prime Minister

shall not be approved by Parliament only if: (a) a written statement signed and supported by not less than twenty five

percent of all the Members of Parliament shall be sumitted to the Speaker, at least fourteen days before the day it is intended to be moved in Parliament; and

(b) the Speker shall setisfy himself that provisions of the Constitution for the purpose of moving a motion have been met.

(4) A motion urging a vote of no confidance against the Prime Minister shall only be approved if it is supported by more than fifty percent of all Members of Parliament.

(5) In the event that a motion urging a vote of no confidance against the Prime Minister shall be supported by a majority of Members of Parliamenti, the Speaker shall present the resolution to the

39

The Cabinet

Appointment of Ministers and Deputy Ministers

Qualifications of Ministers and Deputy Ministers

Oath, tenure and

President and as early as it could possibly be and in any event within two days since the Parliament approved the resolution of a motion urging a vote of no confidance against the Prime Minister, the Prime Minister shall be required to resign, and the President shall appoint another member of Parliament to become Prime Minister.

(b) cabinet

114.-(1) There shall be a Cabinet of the United Republic that shall consist of the following members:

(a) The President; (b) First Vice-President; (c) President of Zanzibar who is the Second Vice-President; (d) Prime Minister who is the Third Vice-President; and (e) All Ministers of the Government of the United Republic. (2) The President shall preside over cabinet meetings, and if the

President is absent the meetings shall be presided over by the First Vice-President and if both are absent the Prime Minister shall preside over the meetings.

(3) The Attorney General shall attend the meetings of the Cabinet and shall have all the right of a member of those meetings, except he shall not have the right to vote.

115.-(1) There shall be Ministers and Deputy Ministers of the Government of the United Republic who shall be appointed by the President in consultation with the First Vice-President and the Prime Minister.

(2) For the purpose of Sub-article (1), the total number of the Ministers and deputy Ministers of the Government of the United Republic shall not exceed forty.

(3) The responsibilities of the Minister shall be as indicated by the President in the Instruments of Appointment.

(4) Deputy ministers shall be assistants to the Ministers in the execution of their responsibilities and they shall not be members of the Cabinet.

(5) The Ministries of the Government of the United Republic shall take into account the authority of the Government in accordance with this Constitution.

116.-(1) A person shall be appointed to become Minister or deputy Minister of the Government of the United Republic if:

(a) he is a citizen of the United Republic by birth; (b) he has a Bachhelors degree from a recognised University in

accordance with the law or education equivalent to that; (c) with professionalism or experience; and (d) is a Member of Parliament of the United Republic. (2) A person convicted for embezzlement of public property or lack of

trust, either in the Government of the United Republic or Revolutionary Government of Zanzibar, shall have no qualification to be appointed to become Minister or Deputy Minister in the Government of the United Republic.

17.-(1) minister or Deputy Ministershall not assume his office until he has taken , befor the President, an oath of allegience and

40

Conditions of service for Minister and deputy Ministeri

such other oath relating to the discharge of the duties of his office as may be prescribed by law.

(2) The tenure of office of a Minister or Deputy Minister shall commence on the date which the Minister or Deputy Minister concerned is sworn in.

(3) Minister or Deputy Minister shall hold office all the time save only if: (a) he resigns or dies; (b) The President revokes his appointment; (c) President elect has been sworn in and assumed office of President; or (d) if that person ceases to be a Member of Parliament in accordance with this Constitution.

The Attorney general

(c) The Attorney General118.-(1) There shall be an Attorney General of the Government of the

United Republic who in this Constitution shall be referred to in short as the “Attorney General” who shall be appointed by the President.

(2) A person could be appointed to become Attorney General if he has the following qualifications:

(a) he is a citizen of the United Republic by birth; (b) he has a degree in Law from a recognized University in accordance

with the laws of the country; (c) he is skilled with qualifications of being an advocate of the High

Court of Zanzibar or the High Court of the United Republic; (d) he is a senior employee in the public service of the Government of

the United Republic; (e) he is a person who ha held those qualifications for a period of not less

than fifteen years; and (f) he is a person of integrity in the execution of his responsibilities. (3) The Attorney general shall be the chief advisor of the Government of

the United Republic on lrgal matters and for that purpose shall be responsible for advising the Government of the United Republic on all legal matters, and to discharge any other functions pertaining to or connected with law which are referred or assigned to him by the President for implementation, also to discharge other duties or functions entrusted to him by this Constitution or by any law.

(4) The Attorney General shall be a Member of Parliament by virtue of his position and shall remain in office until:

(a) his appointment is revoke by the President; or (b) soon before the President elect assumes the office of the President,

and he shall be paid a salary, allowance and other remunarations in accordance with the law to be enacted bty Parliament.

(5) In the dischrge of his duties and functions in accordance with this Article, the Attorney General shall have the right to appear and be heard in all the courts of the United Republic.

(6) The Attorney General shall not hold the office of the Attorney 41

Deputy Attorney General

Director of public prosicution

General until he has taken before the President an oath of allegiance and such other oath relating to the discharge of the duties of his office as may be prescribed by law.

(7) The Attorney General, unless he ceases to hold the office of the Attorney general earlier, shall continue to hold that office until when the President appoints another Attorney general.

119.-(1) There shall be a Deputy Attorney General who shall be appointed by the President from among the people with qualifications stipulated by Sub-article (2) of Article 118.

(2) The Deputy Attorney General shall perform other functions as directed by the Attorney General and shall be the officer in charge of the office of the Attorney General.

(3) Notwithstanding the provisions of this Article, a person who deserves to be Deputy Attorney General shall be a person who has been holding qualifications stipulated in Article 118(2) for a period of not less than ten years.

(d) Director of Public Prosecution

120-(1) There shall be a Director of Public Prosecution who shall be appointed by the President from among employees of the public service with qualifications of serving as an advocate or qualifications of a person registered as an advocate and has been continuosly holding those qualifications for a period of not less than ten years.

(2) The Director of Public Prosecution shall have the powers to:(a) file and prosecute criminal offences against any person in any court

except a Military court for the offece he is alleged to have commited; (b) to take and prosecute criminal proceedings initiated by a person or

any authority; and;(c) to stop at any stage before the verdict is pronounced criminal

proceedings that have commenced or being prosecuted by the Director of Public Prosecution, a person or any authority

(3) The Director of Public Prosecution could lose his job as a result of: (a) death; (b) resignation; (c) failure to discharge the functions of his office as a result of physical

or mental infirmity; or (d) to be removed from office as a result of poor performance of his

functions.(4) The Parlimet shall enact a law that will specify: (a) provisions and procedures for the implementation of the authority of

the Public Prosecutor under this Constitution; (b) provisions and procedure for removing the Director of Public

Prosecution from office; and (c) other matters related to the Director of Public Prosecutor.

42

Chief Secretary

Cabinet Secretariat

(e) Chief Secretary 121.-(1) There shall be a Chief Secretary who shall be appointed by the

President from among senior employees in the public service with qualifications to be appointed.

(2) The Chief Secretary shall be the Secretary to the Cabinet, Chairman of Inter Ministerial Technical Committee, Secretary of the National Security Council and head of the Public Service.

(3) In his capacity as Secretary to the Cabinet, the Chief Secretary shall be the Chief Executive Officer in the office of the Cabinet, and shall discharge the following functions in compliance with the general or specific directives issued to him by the President, including:

(a) to work out a programme for meetings and prepare the agenda of the Cabinet meetings;

(b) to record and keep minutes of the of the meetings; (c) to notify and explain the decisions of the Cabinet to every person or

public institution concerned with any such decision; and (d) to discharge any other duties and functions as directed by the President. (4) As head of the Public Service, the Chief Secretary shall have the

authority of providing directives from time to time in relation to the public service.

(5) In his capacity as Secretary of the National Security Council, the Chief Secretary shall be the Head and Coordinator of the Office of the National Security Council.

(6) The Chief Secretary shall not assume his office until he has taken, before the President an oath of allegiance or any such oath for the discharge of duties of his office as may be prescribed by law.

(7) For the purpose of this Article, the term “Senior Employee with qualifications to be appointed” means a person holding the position of a Parmanent Secretary or with qualifications to become a Parmanent Secretary or any postion equivalent to that.

(f) Execution of the Functions of the Cabinet Secretariat 122.-(1) There shall be a Cabinet Secretariat which will be responsible

for serving the cabinet and perform other duties as assigned to it by the Secretary to the Cabinet.

(2) The Parliament may enact a law on the procedure and execution of the functions of the Cabinet Secretariat.

(g) Regional CommissionersThere shall be a Regional Commissioner for every Region In the United Republic who without prejudice to Sub-article (3) shall be a leader in the Government of the United Republic.

(2) The Regional Commissioners in Tanzania Mainland shall be appointed by the 43

Local Governments

Authority of the Local Governments

Leadership of the Local Governments

Presidet after consultation with the Prime Minister.(3) The Regional Commissioners in Zanzibar shall be appointed by the

President of Zanzibar. (4) Without prejudice to the provisions of Sub-article (5), every Regional

Commissioner, shall be responsible to oversee the implementation of all the duties and functions of the Government of the United Republic in the Region assigned to him; and for that purpose, he shall execute all the duties and functions mentined by the law or as duties and functions of the Regional Commissioner in accordance with the law and shall have all the powers mentioned by any law enacted by Parliament.

(5) Together with his duties and powers mentioned in the above mentioned provisions of this Article, any Zanzibar Regional Commissioner shall execute the duties and functions of the Revolutionary Government of Zanzibar assigned to him by the President of Zanzibar in accordance with the 1984 Zanzibar Constitution or any other law enacted by the House of Represantatives.

PART THREERESPONSIBILITIES OF THE PEOPLE

124.-(1) There shall be Local Governments in every region, municipality, district, town and village in the United Republic which shall be of the type and names specified by the law enacted by Parliament or the House of Represantatives.

(2) The purpose of their existence is to decentralize power to the people so as to avail them rights and power to participate in plans and functions aimed at bringing about development in their areas and the whole country in general.

(3) Parliament or the House of Representatives, in what ever tha case, shall enact laws, that among other things, shall establish structures of their councils and their members, election procedures, authority, responsibilities and sources of income of the Local Governments.

125. Without prejudice to the provisions of this Constitution, the Local Governments, by observing the provisions of the laws of the country shall have the authority to perform the following functions:

(a) to ensure the protection and security of the people and their property in their respective areas;

(b) to provide better services to the people of the area concerned; (c) to involve the people in planning, decide and the implementation of

their development plans; and (d) to stregthen and use democracy to speed up the development of the

people.

126. The leadership of the local governments shall be composed of the representatives of the people and local Government leaders shall be obtained through an election process or appointment in accordance with the law to be enacted by Parliament or House of Represantatives.

44

Union Matters Supervisory ana Coordination Commission

Responsibilities of the Union Matters Commission

CHAPTER NINERELATIONSHIP AND COORDANATION OF UNION MATTERS

127.-(1) There shall be a Commission to oversee and coordinate Union matter which shall in short be referred to as “Union Matters Commission” (2) The Union Matters Commission shall be formed by the following members:(a) The First Vice-President who shall be the Chairman; (b) The Prime-Minister of the United Republic; (c) Leader of Government Business in the House of Represantatives; and (d) Ministers responsible for Union matters. (3) The Chairman of the Union Matters Commission may invite any

person whom he deems fit for the pupose of clerfying some thing in the Commision before reaching a decision.

128.-(1) The Union Matters Commission shall have a specific responsibility to facilitate coordination and cooperation in the implementation of the provisions of this Constitution, policy, laws, strategies and tactics between the Government of the United Republic and the Revolutionary Government of Zanzibar and it shall also be a special organ for the purpose of:

(a) to set up better and sustainable procedures for consultation and cooperation between the Government of the United Republic and the Revolutionary Government of Zanzibar;

(b) to establish a condisive environment for the purpose of coordinating and oversee, the implementation of the Union matters for the benefit of the welfare of all the people;

(c) to recommend and supervise the procedure that will enable the representation of both parties of the Union on differant issues and sphears for the purpose of promoting unity and solidarity in the implementation of the Union matters;

(d) to promote and facilitate coordination and cooperation betwee the Government of the United Republic and the Revolutionary Government of Zanzibar in non-union matters for the purpose of providing propotional services to all the people;

(e) to coordinate issues of benefit to the Nation; (f) to manage the represantation of both parties of the union in matters of

employment in the service of the United Republic; and (g) settlement and resolution of conflicts between the Government of the

United Republic and the Revolutionary Government of Zanzibar. (2) For the purpose of Sub-article (1)(g), where any party is not setisfied

with the decision made by the Commission, it could institute legal proceedings in the Supreme Court and its decision shall be final.

(3) For the purpose of Sub-article (1)(f), the Union Matters Commission shall set procedures that shall provide for the nomination of leaders and staff in the institutions or Ministries of the union to be conductind by observing the represantation of both sides of the Union.

(4) Parliament shall enact a law stipulating: 45

Parliament

Life of Parliament

Powers of Parliament

(a) procedure for the implementation of responsibilities of the Commission;

(b) formation, structure and responsibilities of the Secretariat of the Union Matters Commission;

(c) procedures for settlement and resolution of conflicts between the Government of the United Republic and the Revolutionary Government of Zanzibar; and

(d) all other matters related to the Union Matters Commission. CHAPTER TEN

PARLIAMENT OF THE UNITED REPUBLICPART ONE

STRUCTURE AND POWERS OF THE PARLIAMENT

129.-(1) There shall be a Parliament of the United Republic consisting of two categories, The President and Members of Parliament.

(2) There shall be the following categories of Members of Parliament:(a) members elected through electoral constituencies to be announced by

the Independent Electoral Commissioni; (b) five members with disability to be nominated by the President from

among the people who qualify to be nominated to become members of Parliament;

(c) not more than ten members who shall be appointed by the President from among the people who qualify to become members of Parliament;

(d) The Speaker if he has not been elected from among members of Parliament; and

(e) The Attorney General. (3) Members mentioned in Sub-article (2)(a) ahall be obtained by being

elected by the people in accordance with the provisions of this Constitution and the law to be enacted by Parliament.

(4) Without prejudice to the provisions of this Article, the principles of represantation in Sub-article (2)(a), shall take into account equal represantation of male and female members of Parliament.

(5) Withour prejudice to the provisions of Sub-article (2), the total number of all the members of the Parliament of the United Republic, elected or appointed shall not be less than three hundred and forty and shall not be more than three hundred and ninety.

(6) Parliament shall enact a law stipulating the procedure for the implementation of the provisions of this Article.

130.-(1) Without prejudice to other provisions of this Constitution the life of every Parliament, shall be a period of not more than five years.

(2) For the purpose of Sub-article (1), the words “life of Parliament” means the whole period from the date the New Parliament is convened so as to meet for the first time after the Parliamentary election and ends on the date of the other Parliamentary election.

131.-(1) The President being part of the Parliament shall discharge all the authority entrusted in him in accoramce with this Constitution.

46

Limitations of Parliament in the exercise of its jurisdiction

(2) The second category of the Parliament is the principal organ of the United Republic with the authority, on behalf of the people, to oversee the Government of the United Republic and all its organs in discharge of their responsibilities in accordance with this Constitution.

(3) In discharging its functions the National Assembly shall have the following powers:

(a) to enact a law where the implematation needs the enactment of a law; (b) to debate and offer advice on all matters of interest to the nation and

the people of Tanzania; (c) to ask any Minister any question on matters concerning the people in

the United Republic which are under his responsibility; (d) to debate the allocation of funds and approve the expenditure for

ministries, institutions and parastatal organisations; (e) to debate the performance of each Ministry during the annual budget

session; (f) to deliberate upon and authorise any long term, medium term or short

term plan which is intended to be implemented by the Government in the United Republic;

(g) to delibarate upon and retify international agreements to which theunited Republic is a party and the provisions of which require retification; and

(h) to andorse proposals made for the nomination of leaders in accordance with this constitution and laws of the country.

132.-(1) In exercising its authority to oversee the Government in accordance with this Constitution, the responsibility of the Government shall be to advise the government and where the Parliament is not satisfied with steps taken by the Government in respect to the implementation of the issue an advise has been given, Parliament shall have the right to make the Government accountable in accordance with the powers vested on it in this Constitution.

(2) For the purpose of Sub-article (1), the Parliament shall not exercise any executive measures which is normally the work of the Government, and shall not issue any executive directives to the Government and public servants:

Except the parliament will advise on any matter under the responsibility of the relevant Minister.

Authority to enact law

133.-(1) All the authority to enact legislation on all matters related to Union

matters and all other matters related to Tanznia Mainland shall be vested in

Parliament.(2) Any authority to enact legislation in Zanzibar on all non-union

matters is vested in the House of Represantatives. (3) Where any law enacted by the House of Represantatives concerns any

thing in Zanzibar which is under the jurisdiction of the Parliament that law shall be null and void and also where any law enacted by parliamrnt concerns any thing which is under the jurisdiction of the House of Represantatives thal law shall be null and void.

(4) Any law enacted by Parliament on any matter shall not apply in Zanzibar except under the following conditions:

(a) the law should clearly state that it shall apply in Tanzania Mainland 47

Procedure for changing the Constitution

Legislative procedure

and in Zanzibar or it changes, ammends or repeals a law applicable in Zanzibar;

(b) the law changes, ammends or repeals the law that was in force in the past in Tanzania Mainland and in Zanzibar in accordance with 1964 Instrument of the Union of Tanganyika and Zanzibar, or in accordance with any law which clearly stated that it shall apply in Tanzania Mainland and in Zanzibar too; and

(c) the law concerns Union Matters, and where Tanzania is mentioned in any law in should be understood that it shall apply in the United Republic in accordance with the clerification contained in the provisions of this article.

(5) Without prejudice to the use of the Zanzibar Constitution in accordance with this Constitution and in relation to all matters concerning Zanzibar which are not Union matters, this Constitution shall have legal authority in the entire United Republic and if any other law shall violate the provisions contained in this Constitution, the Constitution shall prevail and that other law to the extent it violates the Constitution, shall be null and void.

134.-(1) Parliament could enact a law for the purpose of altering any provisions of this Constitution by following the following rules:

(a) The bill for the purpose of changing the provisions of this Constitution or any provisions of a law concerning any thing except matters concerning paragraph (b) or (c), shall be passed by a majorty of the votes of all members of Parliament;

(b) The bill for the purpose of altering any provisions of this Constitution or any provisions of a law concerned with any thing related to the matters mentioned in Schedule Two, shall only be passed if it will be supported by the votes of not less than two thirds of all the Members of Parliament from Tanzania Mainland and two thirds of all the votes of the Member of Parliament from Zanzibar;

(c) The bill to alter any provisions related to any thing among things mentioned in Schedule three at the end of this Constitution, shall only be passed if it will be supported by more than half of valid votes cast by the people of Tanzania Mainland, and more than half of the valid votes cast by the people of Tanzania Zanzibar during a referundum conducted and supervised by the Independent Electoral Commission in accordance with the law.

(2) For the purpose of constructing the provisions of Sub-article (1) altering the provisions of this Constitution shall be understood to including modification or to correction of those provisions and repeal and replacemet of those provisions or the re-enactment or modification of the application of those provisions.

135.-(1) The Parliament shall exercise its legislative powers through the process of debating and passing bills.

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Procedure for legislation in financial matters

(2) Without prejudice to the provisions of Sub-article (3), a Bill could be written by the Government, Parliamentary Committee, a group of members of Parlianent or a Member of Parliament.

(3) While writing a Bill, the Government of the United Republic, a Parlimentary Committee, a group of members of Parliament or a Member of Parliament shall ensure that it involves the people for the purpose of obtaining views and recomandations on the bill.

(4) Without prejudice to the provisions of Article 134, a bill shall be considered as passed by Parliament if it is supported by a majority of votes of all the Members of Parliament.

(5) The National Assembly shall write Standing Orders that will lay out procedures:

(a) to table, to debate and pass a bill; and (b) better implementation of provisions of Sub-article (3). 136.-(1) the National Assembly shall not deal with any of the matters to

which this Article relates except if the President has proposed that the matter be dealt with with by the National Assembly and the proposal of the president has been submitted to the National Assembly by a Minister.

(2) The matters to which this Article relates are the following:(a) a bill to enact a law prividing for any of the following

(i) to levy a tax or to alter taxation otherwise than by reduction; (ii) the imposition of any charges upon the Consolidated Fund or any

other public fund or the alteration of any such charge otherwise than by reduction;

(b) to instruct that paymenr of or expenditure to be charged from the Consolidated Fund or any orher Government Fund while it is understood that money available in those funds was not was not meantvfor thatb payment or expenditure, or to instruct that payments or expenditure charged on those funds be increased;

(c) cancelation or remission any debt due or payable to the Government of the United Republic; or

(d) a motion or any amendment of a motion for the purpose of any of the mattres referred to in paragraph (a).

Powers of the President in relation to a bill

137.-(1) Without prejudice to other provisions contained in this Constitution, The National Assembly shall use its legislative powers by following the process of debating and passing bills, and a bill shall not become law until it is passed by Parliament and assented by the President in accordance with the provision of this Article.

(2) A bill presented to the President for his assent shall be signed by the President within not more than thirty daysfrom the day that bill was presented and received by the Secretary to the cabinet

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Approval of the Government Budget

After the bill is presented to the President for his assent, The President may either assent the bill or withhold his assent, and in the event the President withholds his assent to a bill, he shall return it to the National Assembly together with a statement of his reason for withholding his assent to the bill.

(3) After a bill is returned to the National Assembly by the President pursuant to the provisions of this Article, it shall not be presented again to the President for his assent before the expiration of sixty days since it was rerutned to the Parliament.

(4) Where after being debated again in the National Assembly before it is again presented to the President, a bill returned to the National Assembly by the President is supported by not less than two-thirds of all members of Parliament, the bill could be presented to the President earlier.

(5) Where a bill returned to the National Assembly by the President, while debated, it is supported by not less than two-third of all Members of Parliament and it is presented the second time to the President for assent, the President shall be obliged to sign and assent the bill in question before the expiration of six months, and in the event that the period of six months has expired since the bill was returned for the second time to the President without the President signing it, the President shall be obliged to assent the bill and if not he shall be obliged to desolve the Parliament.

138.-(1) Where the National Assembly is not satisfied with the motion related to the Government Budget the National Assembly may return the motion related to the government budget together with specific proposal related to the shortfalls observed.

(2) The Government shall be obliged to work on the proposals made by the National Assembly to the best of their ability and present for the second time the relevant motion to the National Assembly with the explanation on the implemantation of directives of the National Assembly and where the National Assembly shall for the second time reject the motion the President shall desolve the Parliament and call for a General Election.

PART TWO - MEMBERS OF PARLIAMENT

Election of Members of Parliament

Qualifications for member of Parliament

139.-(1) After the Parliament has concluded the period of its life, there shall be a parliamentary election in the constituencies as it shall be announced by the Independentet Electoral Commission and shall be conducted in accordance with the law.

(2) There shall be held an election of a member of parliament in a constituency if a seat of the Member of Parliament elected to represent a constituency falls vacant for any other reason which is not connected to Parliament concluding its period.

(3) Where the date on which the Parliament concludes its period is proclaimed or is known, there shall be no bi-election of a Member of Parliament in accordance with Sub-article (2) within the period of twelve months before that date.

140.-(1) Without prejudice to the provisions contained in this Article, every person shall qualify to be elected or to be nominated to become a member of Parliament if :

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Procedure of parliamentary election

Oath and terms for Members of Parliament

Losing qualifications of a Member of Parliament

(a) is a citizen of the United Republic who has attained the age of twety one years at the time of his contesting;

(b) he can read and write in Kiswahili or English; and (c) is a mameber ptoposed by a political party or a private candidate. (2) a person shall not qualify to contest or for election as Member of Parliament; if(a) he has been formerly certified by a Medical Board that he is of

sound mind; (b) he has been convicted by any court in the United Republic and

sentenced to death or to a term of imprisonment exeeding six months for any offence involving tax avation.

(c) within five years preceding the date of a general election such person has been convicted and sentenced to imprisonment for an offence involving dishonesty or for contravaning the law concerning ethics of public leaders.

(3) Parliament may enact a law making provisions disqualifying a person from being elected member of Parliament represanting a constituency if such a person holds an office whose functions involve the conduct of, or supervision over the election of Members of Parliament or the registration of voters for the election of Members of Parliament.

(4) For the purpose of giving an opportunity to appeal to any person: (a) who has been formerly certified as being of an unsound mind; (b) who has been convixted and sentenced to death or imprisonment; or (c) who has been found guilty of any offence specified under the law in

accordance with Sub-article (2), the state authority shall institute a legal procedure for the purpose of setting conditions that the sentenced challenged shall not have force for the purpose of implemanting the provisions of Sub-article (2) until the time mentioned by the law expires.

141.-(1) Members of Parliament representing constituencies shall be elected by the people in accordance with the provisions of this Constitution and also the provision of the law in accordance with this Constitution that set conditions for perliamentary election.

(2) Election candidates from the constituencies shall be required to submit their names to the Independent Electoral Commission in accordance with the procedure set by the law.

142.-(1) Every Member of Parliament shall be sworn an oath of allegiance by the Speaker in parliament before commencing to take part in the business of the National Assembly, save that he may take part in the election of the Speaker even before taking that oath.

(2) A Member of Parliament shall hold office in accordance with this Constitution, and shall be paid salary, allowace and other remuneration in accordance with the law.

143.-(1) a Member of Parliament shall cease to be a Member of Parliament upon the occurrence of any of the following matters:

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Determination of a question if one is a Member of Parliament

Formal declaration of the Member of Parliament on assests and liabilities

(a) any thing which had he not been a Member of Parliamente would have disqualified him from election or appointment in accordance with the provisions of this Constitutioni;

(b) fails to attend one meeting of Parliament without the permission of the Speaker;

(c) it is established that he has contravened the provisions of the law concerning the ethics of public leaders;

(d) he shall be unable to discharge the functions of a Member of Parliament for six consecutive months due to detention in prison;

(e) he fails to make formal statement regarding qualifications for being a Member of Parliament or a formal statement of property in accordance with the provisions of this Constitution within the period prescribed for that purpose by law;

(f) he resigns as Member of Parliament; (g) he volutarily withdraws his membership from his political party, he

is expelled or his memership withdrawn by his political party; (h) A Member of Parliament who was a private candidate shall join any

politicak party; (i) He shall be removed from office in accordance with the provisions of

this Constitutioni; or (j) he dies. (2) a Member of Parliament can institute proceedings in court to

challenge the decision of his being confirmed as being mentally sick or to challenge his dismissal or to have the membership of his political party withdrawn or for being convicted for an offence of the type mentioned in Sub-article (1).

144.-(1) Every proceeding for the purpose of determining the question whether :(a) the election of a Member of Parliament was valid or not; or (b) a Member of Parliament has ceased and his seat in Parliament is

vacant or not,shall be instituted and heard first in the High Court.(2) Parliament may enact a law proving for following:(a) persons who may institute in the High Court seeking for the

determination on any question in accordance with the provisions of this Article;

(b) the grounds and times for instituting such proceedings, procedure for instituting proceedings and conditions which have to be fulfilled in respect of every such proceeding; and

(c) prescribing the powers of the High Court over such proceedings. 145.-(1) Every Member of Parliament shall be required before the expiry of thirty days

since taking oath as Member of Parliament to submit to the Leadership Ethics Committee two copies of a formal declaration on assets and liabilities in accordance with the provisions of this Constitution.

(2) The formal declaration mentioned in Sub-article(1),

Shall be made in a special form prescribed in accordance with law.

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Speaker and his powers

Limitation of powers of Speaker

PART THREELEADERSHIP OF THE PARLIAMENT

146.-(1) There shall be a Speaker of the National Assembly who shall be elected by Manbers of Parliament from among the people who Members of Parliament or with qualifications of becoming Members of Parliamentand shall be the leader of the National Assembly and shall represent the National Assembly in the organs and all other meetings outside the National Assembly.

(2) Minister, Deputy Minister or a person holding any other office prescribed by a law for the purpose of this Article, shall not be elected Speaker.

(3) Any person elected Speaker shall be required, before the expiration of fifteen days of his election, to submit to the President a formal declaration that he has not lost the qualifications for election in accordance with the provisions of this Constitution and the Declaration shall be made in a special form prescribed in accordance with the law enacted by Parliament.

147.-(1) The Speaker shall cease to be Speaker if:(a) any thing hapens which had he not been a Speaker would disqualify

such person from election or make him lose the qualifications for being elected Speaker;

(b) he is removed from the office of Speaker by a Resolution of the National Assembly supported by not less than two-thirds of all the Members of Parliament;

(c) he fails to submit a formal statement regarding his assets and liabilities in accordance with the provisions of this Constitution;

(d) he is convicted of the offence of perjury, contrary to the law concerning any formal declaration submited in accordance with the provisions of this Constitution;

(e) he fails to submit a statement regarding his assets and liabilities in accordance with the provisions of this Constitution before the expiration of the period stipulated for that purpose;

(f) it is proved that, that person has contravened the provisions of the law concerning the ethics of public leaders;

(g) he resigns; or (h) he diesnia. (2) No business other than the election of the Speaker shall be conducted

in the national Assembly while the office of Speaker is vacant except the business of electing the Speaker.

Deputy Speaker

148.-(1) There shall be a Deputy Speaker of the National Assembly who shall be elected by Members of Parliament from among theselves.

(2) Minister, Deputy Minister, or a person holding any other office prescribed by a law for the purpose of this Article, shall not be elected Deouty Speaker.

(3) Members of Parliament shall elect a Deputy Speaker on the following occassions:

(a) when the National Assembly meets for the first time folloeing

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Qualifications for election of a person capable to be elected to become Speaker or Deputy Speaker

Procedure of election and oath of Speaker and Deputy Speaker

the General Election or as soon as possible there after; and (b) at the first meeting of the National Assembly after the office of the

Deputy Speaker falls vacant for any reason not connected with the dissolution of Parliament or as soon as possible after that sitting.

(4) The Deputy Speaker shall cease to be Deputy Speaker upon the occurrence of any of the events stipulated in Aeticle 147(1).

149. A person shall be capable to be elected to become Speaker or Deputy Speaker if at the time he is contesting he shall be be not less than forty years and not more than seventy years.

150.-(1) There shall be held an election of the Speaker at the first sitting of the first meeting of new National Assembly, and at any first sitting immediately after the occurrence of a vacancy in the office of Speaker.

(2) There shall be held an election of the Deputy Speaker at any time during the first meeting of the new National Assembly and also during the first sitting of the National Assembly that follows immediately after the office of Deputy Speaker falls vacant.

(3) The election of Speaker and Deputy Speaker shall be by secret ballot, and shall be conducted in accordance with the procedure prescribed by the Standing Orders of the National Assembly.

(4) The Speaker and Deputy Speaker shall be elected on condition that in the event that the Speaker comes from one side of the United Republic, Deputy Speaker shall come from the other side of the United Republic.

(5) Only if he relinquish his office, the Speaker and Deputy Speaker shall stay in office for a period of not more than two five year term.

(6) Any person elected to become Speaker or Deputy Speaker, before assuming his office shall be required to take an oath allegience.

Clerk of the National 151-(1) There shall be a Clerk of the National Assembly who shall be Assembly appointed by the President.

(2) The Clerk of the National Assembly shall be the Chief Executive in the Office of the National Assembly and shall be responsible for the efficient

Secretariat of the National Assembly

discharge of the business of the Parliament in conformity with the

provisions of this Constitution and the law.152.-(1) There shall be a Secretariat of the National Assembly that shall

consist of officers from both sides of the United Republic considering professional qualifications and the levels of service according to the requirements of the business of Parliament as may be determined by the Parliamentary Service Commission.

(2) The Secretariat of the National Assembly under the leadeship of the Clerk of the National Assembly, shall discharge all the duties and functions prescribed or as may be necessary for the pupose of ensuring the efficient discharge of the business of the National Assembly, Members of the National Assembly and the office of the National Assembly.

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Standing Orders of the National Assembly

President to address the National Assembly

PART FOURPROCEDURE IN THE NATIONAL ASSEMBLY

153. Without prejudice to the provisions of this Constitution, the National Assembly shall make Stading Orders for the purpose of prescribing procedure for the conduct of of its business.154 (1) The President shall address the new National Assembly at its first meeting

and inaugurate it.(2) Without prejudice to the provisions of Sub-article (1) the President may at any time, address the National Assembly or send to the House a communication which shall be read by the Prime Minister.

Meetings of the National Assembly

Presiding at sittings of the National Assembly

155.-(1) The National Assembly shall hold its meetings at the place where it is

customary to hold such meetings or at any other place in the United Republic that

shall be mentioned by the Speaker for that purpose.

(2) The First Meeting of the New National Assembly in the life of the Parliament shall be summoned by the President of the United Republic and shall commence on the day for which National Assembly is summoned to meet, and every subsequent meeting shall commence on such date as may be specified by the National Assembly or any day that shall be appointed in accordance with the Standing Orders of the National Assembly.

(3) The President may, at any time summon a meeting of the National Assembly in accordance with the provisions of this Constitution.

156. Every sitting of the National Assembly shall be presided over by any one of the following persons:

(a) The Speaker; (b) If the Speaker is absent, the Deputy Speaker; or (c) If both Speaker and Deputy Speaker are absent, any Member of

Parliament who has been elected by the Parliament for that purpose.

Quorum at the sittings of the National Assembly

157.-(1) The quorum at every sitting of the National Assembly shall be half of all the Members of Parliament, except where it is provided otherwise in this Constitution.

(2) Every question proposed for decision in the National Assembly shall be determined by a majority of the votes of the Members of Parliament present and voting, except for questions under specific provisions under this Constitution.

Standing Committees 158-(1) The National Assembly may establish various standing Committees Of the National as it may deem appropriate for the batter discharge of its functions.Assembly (2)The Standing Orders of the National Assembly may provide for the

composition and functions of the Standing Committees established pursuant to the provisions of this Article.

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Freedom of discussion in Parliamenti

PART FIVEPOWERS AND PRIVILEGES OF PARLIAMENT

159.-(1) While in Parliament, Members of the National Assembly shall be free to express their thoughts, opinion and discuss and procedures to be observed in Parliament, and that freedom shall not be violated or questioned by any organ in the United Republic, or in court or any other place outside the Parliament.

(2) Without prejudice to the provisions of this Constitution or any other relevant law, no Member of Parliament shall be charged or have any proceeding instituted against him in court for a civil offence following any statement he has made or what he has done inside the Parliament or any matter he has moved in Parliament in a way of request, bill, motion or otherwise.

(3) The National Assembly can enact a law providing for provisions enabling the court and the law to protect and emphasize on the freedom of opinion, discussion and business procedure in Parliament which in accordance with this Article shall be gwarateed by this Constitution.

PART SIX PARLIAMENTARY SERVICE COMMISSION AND PARLIAMENTARY FUND

Parliamentary Service Commission

Responsibilities of the Parliamentary service Commission

(a) Parliamentaery Service Commission

160.-(1) There shall be the Parliamentary Service Commission which shall consist of the following members:

(a) The Speaker of the National Assembly who shall be the Chairman; (b) The Deputy Speaker who shall be the Vice-Chairman; (c) Minister responsible for the Parliament; (d) Five members of the Parliament of the United Republic taking into

account the represantation of the two arts of the Union; and (e) Leader of the Opposition Camp in Parliament. (2) Clerk of the National Assembly shall be the Secretary of the

Parliamentary Service Commission. (3) The Commission may invite any other person with special experience

to participate during any sitting of the Commission, save that that person shall not have the right to vote.

(4) The National Assembly may enact a law which among other things shall specify the procedure for obtaining members of the Parliamentary Service Commission and the responsibilities of that Commission.

161.-(1) The Parliamentary Service Commission shall be responsible to promote, facilitate and to ensure the successful and transparent implemantation of the functions of the Parliament.

(2) The National Assembly shall enact a law stipulating provisions for the implematation of the responsibilities of the Parliamentary Service Commission.

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( c ) Parliamentary Fund 162 – (1) There will be the Parliamentary Fund of the United Republic which shall be under the Clerk of the National Assembly.

Parliamentary (2) The Parliamentary Fund shall be used to meet the administrative coasts, together with other Fund important functions in the promotion of the responsibilities of the Parliament.

(3)The Government shall ensure that during every annual budget, it allocates sufficient funds as the situation may allow, money that shall be deposited in the Parliamentary Fund. (4) The National Assembly shall enact a law that will stipulate the provisions on the operation of the Parliamentary Fund.

CHAPTER ELEVENTHE REVOLUTIONARY GOVERNMENT OF ZANZIBAR, THE ZANZIBAR

REVOLUTIONARY COUNCIL AND THE ZANZIBAR HOUSE OF REPRESANTATIVES

The Revolutionary Government of Zanzibar and its authority

The President of Zanzibar and his authority

Zanzibar Revolutionary Council and its functions

PART ONE(a) The Revolutionary Government of Zanzibar

163.-(1) There shall be the Revolutionary Government of Zanzibar to be known as “The Revolutionary Government of Zanzibar” which shall have jurisdiction in Zanzibar on all non-union matters in accordance with the provisions of this Constitution.

(2) Without prejudice to the provisions of this Article and the Articles that follow in this Chapter, the Revolutionary government of Zanzibar shall be formed and exercise its powers in accordance with the provisions of this Constitution and the Zanzibar Constitution of 1984.

(b) The President of Zanzibar164.-(1) There shall be the President of Zanzibar who will be the supreme

leader of the Revolutionary Government of Zanzibar and Chairman of the Zanzibar Revolutionary Council who will be elected in accordance with Zanzibar Constitution of 1984.

(2) The President of Zanzibar, before assuming his office shall take an oath before the Chief Justice of Zanzibar an oath to safeguard and defend the Constitution of the United Republic, and any other oath in accordance with the Constitution of Zanzibar in relation to the discharge of the functions of his office, then he shall hold and exercise those powers in accordance with this Constitution and the Zanzibar Constitution of 1984.

(c) The Zanzibar Revolutionary Council

165.-(1) There shall be the Zanzibar Revolutionary Council which shall have members of the type and number that shall be determined in accordance with the provisions of the Zanzibar Constitution of 1984.

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The Zanzibar House of Represantatives

Formation of the Judiciary of the United Republic

(2) Without prejudice to the powers of the Chairman of the Revolutionary Council as the President of the Revolutionary Government of Zanzibar, the Revolutionary Council shall be the supreme organ to assist and advise the President of Zanzibar on matters related to the Revolutionary Government of Zanzibar and to coordinate the implemantation of the functions of the Revolutionary Government of Zanzibar and also the execution of his powers on the functions of the Revolutionary Government of Zanzibar on all non-union matters, in accordance with the provisions of this Constitution and those of the Zanzibar Constitution of 1984.

PART TWOTHE ZANZIBAR HOUSE OF REPRESANTATIVES166.-(1) There shall be the Zanzibar House of Represantatives as it may

be formed in accordance with the Zanzibar Constitution of 1984.(2) All legislative powers in Zanzibar on all matters which are non-union

matters shall be vested in the hands of the Zanzibar House of represantatives.

CHAPTER TWELVEJUDICIARY OF THE UNITED REPUBLIC

PART ONEPRINCIPLES OF DISPENSATION OF JUSTICE AND FREEDOM OF THE JUDICIARY

167.-(1) There shall be the Judiciary of the United Republic.(2) The Juduciery of the United Republic in accordance with this

Constitution and any other laws, shall exercise its authority through the High Court and the Court of Appeal.

(3) The Judiciary of the United Republic shall be an organ with final authority for the dispensatrion of justice in the United Republic.

Principles of dispensation of justice

168. In delivering verdict in matters of civil and criminal nature in compliance

with the law, the judiciary of the United Republic shall observe the following

principles:(a) to do justice to all without any discrimination; (b) not to daly the dispensation of justice without reasonable ground; (c) to award reasonable compensation to victims of wrong doings

committed by other persons, and in accordance with the law specifically enacted for that purpose;

(d) to promote resolution of conflicts between those involved in those conflicts; and

(e) to do justice without being tied up by technical provisions that may obstruct justice.

Freedom of the Judiciary

169.-(1) In exercising powers of dispensing justice, all courts shall be guided by

the provisions of this Constitution and shall not be interfered with or controlled,

pressurised or given directives by any person or organ.

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Stucture of the Judiciary

The High Court

(2) The position of the office of High Court Judge, Court of Appeal or High Court of the United Republic shall not be abolished at any time, if at that time there is a person holding that position.

(3) Salaries and other remunarations of the High Court Judges, Court of Appeal and the High Court of the United Republic shall be paid from the Consolidated Fund.

(4) Salary and other remunarations payable to the High Court Judge, Court of Appeal or the High Court of the United Republic shall not be altered by way of reducing the benefits of a judge in question.

(5) Retirement benefits of a High Court Judge, Court of Appeal or the High Court of the United Republic shall not be altered by way of reducing the benefits of a judge in question during any time of his life.

(6) A High Court Judge, Court of Appeal, High Court of the United Republic or the High Court of Zanzibar shall not be charged for any thing he has done or has not done in good faith, while discharging his function of dispencing justice in accordance with this Constitution and laws of the country.

PART TWOSTRUCTURE OF THE JUDICIARY

(a) Court of the United Republic

170.-(1) Without prejudice to any preceding provisions in this part, there shall be the following structure of the Judiciary in the United Republic:

(a) The High Court; (b) The Court of Appeal; and (c) The High Ciourt of the United Republic. (2) Without prejudice to the provisions of this Constitution or any other

law enacted by Parliament, if any law enacted by Parliament applicable in Tanzania Mainland as well as in Zanzibar has entrusted any powers to the High Court of the United Republic, therefore, the High Court of Zanzibar can exercise that authority at the same lavel as the High Court of the United Republic.

(b) High Court of the United Republic

171. There shall be the High Court of the United Republic or in short “The High Court” which shall consist of:

(a) Chief Justice of the United Republic who shall be the President of the Hagh Court;

(b) Deputy Chief Justice of the United Republic who shall be the Vice-President of the High Court; and

(c) Other High Court Judges who shall be not less than seven.

Quoram of the sitting

of the Judges of the 172.-(1) Quoram of the sitting of the High Court shall be five High Court Judges

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High Court .(2) Every proceeding and appeal that requires the determination of the

High Court shall be determined by a majority of pronouncements of the Judges of the High Court who heard that proceeding.

Jurisdiction of the High Court

Jurisdiction of the High Court Judge

173.-(1) The High Court shall be the final appelate Court in the United Republic and shall have:

(a) exclusive and original authority to: (i) hear and determin matters relating to to the results of the election

of the Presidentof the United Republic; (ii) hear and determin on proceedings instituted by the Government

of the United Republic or the Revolutionary Government of Zanzibar on the interpretation or implementation of this Constitution; and

(iii) resolve proceedings to be instituted by the Government of the United Republic or the Revolutionary Government of Zanzibar on the implemantation of this Constitution;

(b) hear and determin on appeals from the Court of Appeal; (c) provide advise to the Government of the United Republic or the

Revolutionary Government of Zanzibar, when required; and (d) to hear and determin any proceedings presented before it in

accordance wuith this Constitution or any other law that will bestow such popup to the court.

(2) The Court of Appeal, the High Court of the United Republic and the High Court of Zanzibar, shall be obliged to adhere to the decision of the High Court.

(3) Notwithstanding the provisions of Sub-article (2), the High Court shall not be bounded by its earlier decision.

(4) The National Assembly shall enact a law setting extra procedures on the administration of the High Court.

(5) The High Court shall prepare rules for the purpose of discharging its authority.

174.-(1) A High Court Judge shall have the jurisdiction to hear and determin on any proceeding before the High Court.

(2) Notwithstanding the provisions of Sub-article (1), where a High Court Judge, before his appointment was a Justice of Appeal or the High Court of the United Republic or the High Court of Zanzibar, such judge could continue performing his functions from the court where he comes from until he completes the preparation and delivery of of the decision or until he completes any other businessin connection with matters which he had started hearing before his appointment as a High Court Judge.

(3) Subject to te provision of of sub-article (2), it will be legal for the High Court Judge to pass judgment or any other relevant ruling by using and mentioning the office he was holding before his appointment as a High Court Judge and in the event that that judgment or ruling is challenged by way of appeal that shall be lodged at the High Court ,

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Appointment of Chief Justice

Appointment of Deputy Chief Justice

Appointment of Judge of the High Court

that Judge shall not have the authority to listen to that appeal.

(c) Appointment of High Court Judge

175.-(1) the Chief Justice shall be appointed by the President from a list of the names of three people proposed by the Judicial Service Commission.

(2) The Chief Justice shall be the head of the Judiciary Pillar in the United Republic.

(3) A person could be appointed to become Chief Justice if he has reached the age of forty five years or more with a reputation of a person with integrity and honesty in the execution of his responsibilities and should be:

(a) A citizen of the United Republic by birth; (b) With a degree in law from a university recognised by an authority

responsible for higher education in the united republic;and( i ) he must have worked as a judge in a High Court, Court of Appeal, High Court of the United Republic or the High Court of Zanzibar; or

( ii ) has worked in the public services in the United Republic or has an experience with qualifications for enrolment as an advocateand has possessed those qualifications continuously for a period of not less than twenty years

176.-(1) Deputy Chief Justice shall be appointed by the President from a list of the names of three people proposed by the Judicial Service Commission.

(2) A person shall be appointed to become Deputy Chief Justice if he has the qualification stipulated in Article 175.

(3) Deputy Chief Justice shall be the principal assistant of the Chief Justice in the discharge of his responsibilities.

177.-(1) Judge of the High Court shall be appointed by the President from among the names proposed by the Judicial Service Commission.

(2) A person could be appointed to become Judge of the High Court if he has reached the age of foty five years or more with the reputation of being a person of integrity and honesty in the dischage of his responsibilities and should be:

(a) A citizen of the United Republic by birth; (b) With a degree in law from a university recognised by an authority

responsible for higher education in ythe Unuted Republic; and (i) He must have worked as a Judge in the Court of Appeal or the

High Court; or (ii) He is an advocate, in the public service or an academician with

the qualifications for enrolment as an advocate and has possessed those qualifications continuously for a period of not less than fifteen years. t

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Oath of the High Court Judge

178. Chief Justice, Deputy Chief Justice or High Court Judge shall assume office soon after he has been sworn in by the President an oath of allegiance and any other oath related to the discharge of his functions as may be prescribed by the law.

Tenure of office of the Chief Justice

Procedure for assuming acting position of the High Court Judge

179.-(1) Chief justice shall hold office until he attains the age of seventy

years, save only if:(a) he resigns; (b) he is unable to discharge the functions of his office bacause of illness; (c) he dies; or (d) he shall be removed from the office of Chief Justice in accordance

with this Constitution. (2) Provisions of Sub-article (1) shall also apply to the Deputy Chief

Justice and High Court Judge. (3) Without prejudice to the provisions of Sub-article (1) and (2), Chief

Justice, Deputy Chief Justice and High Court Judge who has attained the age of retirement shall be obliged to continue to perform the functions of that office after attaining that age until he completes the preparation and delivery of the decision or until he completes any other business in connection with the matter he had started hearing before attaining the retirement age.

(4) Without prejudice to Sub-article (3), Chief Justice or Deputy Chief Justice who has attained the age of retirement, shall cease to perform the functions of his office, except he shall continue to perform the functions that he has not completed while in the office of the High Court judge until he completes those functions.

180.-(1) In the event that:(a) The office of chief Justice falls vacant; (b) Chief Justice is not in the United Republic; or (c) Chief Justice shall fail to discharge his functions for any reason

stipulated in this Constitution, (d) Deputy Chief Justice shall perform the functions of the Chief Justice

until another Chief Justice is appointed or until the Chief Justice who was absent or could not discharge his functions returns to work.

(2) In the event that the office of the Judge of the High Court falls vacant or any judge of the high court has been appointed to perform the functions of Deputy Chief Justice or if a Judge of the High Court fails do discharge his functions for any reason, or the chief Justice shall advise the President the state of business then obtained in the Hih Court require the appointmet of an Acting Judge of the High Court, the President may appoint an Acting Judge of the High Court from among the people who could be appointed to become Judges of the High Court to be proposed by the Judicial Service Commission.

(3) A person appointed to become Acting Judge of the High Court shall work as Acting Judge of the High Courtfor all the period mentioned in his certificate of appointment.

(4) Notwithstanding the provisions of Sub-article (2), a person appointed to become Acting judge of the High Court shall continue to work as Acting Judge

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Procedure relating to discipline of Judges of the High Court

of the High Court until he completes the preparation and delivery of the decision or until he completes any other business in connection with appeal or other matters which he had started hearing before the period of his appointment expires or his appointment revoked.

(5) For the purpose of the provisions of this Article, Acting Judge of the High Court shall have all the authority of the Judge of the High Court and shall discharge all the functions of the judge of the High Court and that the number of Judges of the HighCourt mentioned in Article 172 shall not be effected only because one or more of the Judges of the High Court in any sitting is an Acting Judge of the High Court.

181.-(1) A judge of the High Court may be removed from office for inability to perform the functions of his office either due to physical or mental illness or to any other reason or for behavior inconsistent with the ethicsof office of Judgeor with the law concerning the ethics of public leaders, and he shall not be removedexcept in accordance with the provisions of Sub-article (2).

(2) Where the President considers that the question of removal of Judge from office need to be investigated, then the procedure shall be as follows:

(a) The President shall, after consultation with the Chief Justice, suspend that judge from office;

(b) The President shall appoint a Tribunal which shall consist of a Chairman and not less than two other members, and at least half of those members must be persons who are Judges of the High Court or Justices of Appeal in any country within the the Commonwealth; and

(c) The Tribunal shall investigate that matter and make a report to the President on that matter and shall advise him whether the Judge concerned should be removed from office in accordance with the provisions of this Article on the grounds of inabiluty to perform his functions due to illness or any other reason or on grounds of misbehaviour.

(3) A Judge suspended fron duty in accordance with the provisions of Sub-article (2), shall continueto ba paid salary and all his other benefits until that Judge is removed from office by the President under the provisions of Sub-article (4).

(4) Where the Tribunal appointed in accordance with the provisions of Sub-article (2) advise the President that the Judge subject of investigation by the Tribunal be removed from office on grounds of

inability to perform functions due to illness or any other reason, the President shall remove the Judge from office and his service shall cease.

(5) Where the Tribunal appointed in accordance with the provisions of Sub-article

(2) Shall advise the President that the Judge subject of the investigation by the tribunal should not be removed from office, the President shall revoke the decision of suspending him from office and hid serviceshall continue.

(6) The provisions of this Article shall not apply to persons appointed to act in the position of a Judge..

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The Court of Appeal

Quoram for sittings of Court of Appeal

(d) The Court of Appeal of the United Republic

182.-(1) There shall be the Court of Appeal of the United Republic to be referred to in short “The Court of Appeal” which shall consist of:

(a) The Chairnan of the Court of Appeal; (b) Vice-Chairman of the Court of Appeal; and(c) Other Jugges who shall be not less than seventeen. (2) Justice of Appeal shall be appointed according to qualifications to be

specified in this Constitution and the representation of each side of the United Republic.

(3) The National Assembly shall enact a law that will make provisions stipulating procedure for lodging appeals in the Court of Appeal.

183.-(1) Quoram of every sitting of the Court of Appeal shall be three Justices of Appeal.

(2) Every proceeding that requires the determination of the Court of Appeal shall be determined by the prononcement of the majority of the justices of Appeal who heard the relevant proceedind.

Jurisdiction of the Court of Appeal

184.-(1) The Court of Appeal shall have the jurisdiction:

(a) to hear and determin the appeal lodged in the Court of Appeal arising from any judgement or decision of the High Court of the United Republic or the High Court of Zanzibar or any other lower court with special jurisdiction to hear proceedings which are normally heard by the High Court;

(b) to revise the decisions of the High Court of the United Republic or the High Court of Zanzibar or any other lower court with special jurusdiction to hear proceedings which are normally heard by the High Court; and

(c) to do any other thing as may be stipulated by an act passed by Parliament.

(2) Parliament shall enact a law that shall make more provisions on the administration of the Court of Appeal.

Powers of the Justice of Appeal

185.-(1) The Justice of Appeal shall have the power to hear and determin on any appeal in the Court of Appeal.

(2) Notwithstanding the provisions of Sub-article (1), where a Jusitice of Appeal, before his appointment was a Judge of the High Court of the United Republic or the High Court of Zanzibar, that judge may continue working in the court where he comes from until he completes the preparation and delivery of decision or until he completes any other business in connection with the proceeding which he had started before his appointment as a Justice of a Court of Appeal.

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Appointment of the Chairman of the Court of Appeal

Appointment of the Vice-Chairman of the Court of Appeal

Appointment of the Justice of Appeal

Oath of Justice of Appeal

(3) Subject to the provision of Sub-article (2), it will be legal for the Justice of the Court of Appeal to deliver judgement or any other relevant ruling by using and mentioning the office he was holding before his appointment as Justice of the Court of Appeal and in the event that that judgement or ruling is challenged by way of an appeal that shall be brought at the Court of Appeal, that Judge shall not have the authority to hear that appeal.

(e) Appointment of the Justice of the Court of Appeal

186.-(1) There shall be the Chairman of the Court of Appeal who shall be appointed by the President from a list of the names of three people proposed by the Judicial Service Commission.

(2) The Chairman of the Court of Appeal shall be the head of the Court of Appeal and the assistant of the Chief Justice in the discharge of functions in the Court of Appeal, and in that capacity, the Chairman of the Court of Appeal shall perform functions and duties assigned to him from time to time by the Chief Justice.

(3) A person may be appointed to become Chairman of the Court of Appeal if he has attained the age of forty five years or more with the qualifications of being a person of integrity and honesty in the discharge of his responsibilities and:

(a) he is a citizen of the United Republic of Tanzania by birth with good conduct, integrity and honesty;

(b) with a degree in law from a University recognised by an authority responsible for higher education in the United Republic; and

(i) he must have worked as a Judge in the high Court of the United Republic or the High Court of Zanzibar; or

(ii) he is an advocate, in the public service or an academicion with the qualifications for enrolment as an advocate and has held those qualifications continuously for a period of not less than fifteen years.

187.-(1) The Vice-Chairman of the Court of Appeal shall be appointed by the President from the list of the names of three people proposed by the Judicial Service Commission and shall be the pricipal assistant of the Chairman of the Court of Appeal.

(2) A person shall be appointed to become Vice-Chairman of the Court of Appeal if he has qualifications stipulated in Article 186(3).

188.-(1) A Justice of Appeal shall be appointed by the President from among the names proposed by the Judicial Service Commission.

(2) A person could be appointed to become a Justice of Appeal if he has the qualifications stipulated in Article 186(3).

189. The Chairman of the Court of Appeal, Vice-Chairman or Justice

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of the Court of Appeal shall assume his office soon after he has been sworn in by the President the oath of allegience and such other oath concerning the discharge of duties as may be prescribed in accordance with the law.

Tenure of office for Chairman, Vice-Chairman and Justice of Appeal

Procedure of assuming acting position of the Chairman of the Court of Appeal

190.-(1) Chairman or Vice-Chairman of the Court of Appeal shall hold

that office office until he attains the age of seventy years, save only if:(a) he resigns; (b) he is unable to discharge his functions due to illness; (c) he shall be removed from office of Chairman of the Court of Appeal

in accordance with this Constitution; or (d) he dies. (2) A Justice of Appeal who has attained the age of retirement shall be

obliged to continue working after attaining that age until he completes the preparation and delivery of judgement or until he completes any other business in connection with the matters which he had started hearing before attaining the retirement age.

(3) Not withstanding the provisions of Sub-article (2), Chairman or Vice-Chairman of the Court of Appeal who has attained the age of retirement, shall vacate his office as Chairman or Vice-Chairman of the Court of Appeal, except he shall continue to parform the functions that he has not completed while holding the office of the Justice of the Court of Appeal until he completes those functions.

191.-(1) In the event that:(a) the office of the Chairman of the Court of Appeal is vacant; (b) the Chairman of the Court of Appeal is not in the United Republic; or (c) The Chairman of the Court of Appeal has failed to discharge his

functions in accordancecwith this Constitution, The Vice-Chairman shall perform the functions of the Chairman of the Court of Appeal until another the Chairman of the Court of Appeal is appointed or until the Chairman who was absent from the country or was unable to discharge his functions due to illness returns in the officei.

(2) Where the success of the functions of the Court of Appeal shall dictate for the appointment of an Acting Justice of the Court of Appeal, the Juducial Service Commission shall advise the President to appoint Acting Justice of the Court of Appeal.

(3) Where the President is satisfied with the advise of the Judicial Service Commission, he will appoint the Actig Justice of the Court of Appeal from among the people who qualify to be appointed to become Justices of the Court of Appeal.

(4) A person appointed to become Acting Justice of the Court of Appealshall work as an Acting justice of appeal for any period mentioned during his appointment, or if that period has not been mentioned, so until the appointment is revoked by the President.

(5) Notwithstanding the provisions of Sub-article (4), a person appointed to become Acting Justice of the Court of Appeal shall continue to

66

Procedure to deal with discipline of the Justices of the Court of Appeal

High Court of the United Republic and its jurusdiction

work as Acting Justice of the Court of Appeal until he completes the preparation and delivery and delivery of judgement or until he completes any other business in connection with appeal or other matters which he had started hearing before the period of his appointment expires or his appointment revoked.

(6) For the purpose of this Article, Acting Justice of the Court of Appeal shall have full authority of the Justice of the Court of Appeal and shall discharge all dities of the Justice of the Court of Appeal.

192. In accordance with this Constitution, provision concerning the peocedure to deal with discipline of the Justice of the Court of Appeal shall be as stipulated in Article 181 setting provisions on procedure of dealing with discipline of the Judge of the High Court.

(f) High Court of the United Republic of Tanzania

193.-(1) There shall be High Court of the United Republic to be referred to in short as “the High Court” which its jurisdiction shall be as stipulated in this Constitution or any other law.

(2) In the event that this Constitution or any other law has not clearly stated that the proceedings of the type specifically mentioned shall first be heard in the court of the level specifically nentined for that purpose, the high court shall have the jurisdiction to hear every proceeding of that type.

(3) Also, the High Court shall have the jurisdiction to do any thing which according to the customary lawws applicable in Tanzania such thing is normally done by the High Court:

Save only if the provisions of this Sub-article shall be applied without prejudice to the authority of the Court of Appeal of the United Republic as stipulated in this Constitution or any other law.

Appointment of High Court Judge

194.-(1) Without prejudice to the provisions of Sub-artice (2), a person

could onlt be appointed to become a High Court Judge if he holds special

qualifications as mentioned in Sub-article (2), and should be a person who

possesses one of the special qualifications for a period of not less than ten years.(2) For the purpose of defining Sub-article (3), (9) and (10), “special

qualifications” means a person holding a degree in law from a University recognized in accordance with the law and:

(a) he was a magistrate; (b) has served in the public service with the qualifications of working as a

lawyer or a freelance lawyer; (c) has the qualification of being enrolled as an advocate; or (d) has been possessing those qualifications continuously for a period of not less than ten years. (3) In the event that the President is satisfied that although that person

with one of the special qualifications has not been possessing that qualification for a period of not leass than ten years, but that person has the ability, skill and in every respect is fit to be entrusted with the position of a High Court Judge and there are reasons to make that person to deserve

67

to be entrusted with that position, so the President may revoke the condition of special qualification for a period of not less than ten years, and after consultation with Judicial Service Commission, the President may appoint that person to become a High Court Judge.

(4) In the event that the office of any Judge falls vacant or if any judge is appointed to become Acting Judge or if he fails to discharge the functions of his office for any reason, or if the Chief Justice shall advise the President that the way the functions of the High Court were at that time require the appointment of an Acting judge, the President may, after consultation with the Chief Justice as usual, appoint an Acting Judge from among the people with special qualifications:

Except if: (a) a person may not be considered as not deserving to be appointed in

accordance with the provisions of this Sub-article only because he has attained the age mentioned in Sub-article (1) of Article 195; and

(b) for the purpose of appointing an Acting Judge in accordance with the provisions of this Sub-article, the President may revoke the condition of possessing special qualifications for a period of not less than ten years for the same reasons mentioned in Sub-article (3).

(5) Any person appointed to become Acting Judge in accordance with Sub-article (4), shall continue to work as Acting Judge for any period mentioned during the time of his appointment or if the period has not been mentioned until his appointment is revoked by the President, but regardless if his term of office has expired or his appointment revoked that person may continue to work as Acting Judge until he completes the preparation and delivery of decision or until he completes any other business in connection with the matters which he had started hearing before his term of office has expired or before his appointment is revoked.

(6) There shall be a Senior Judge of the High Court, who in the Articles that follow in this Constitution shall only be referred to as “Senior Judge”, and other High Court Judges who shall be not less than thirty to be appointed by the President after consultation with the Judicial Service Commission.

(7) The Senior Judge shall be appointed by the President from among the names of three Judges proposed by the Judicial Service Commission.

(8) Without prejudice to the provisions of this Constitution or any other law in relation to the powers of the Chief Justice mentioned in Article 175, the Senior Judge shall be a special assistant to the Chief Justice in the discharge of service in the High Court and all other courts below it, and in that position the Senior Judge shall perform duties and functions he shall be instructed or directed from time to time by the Chief Justice, or for the purpose of this Article, The Senior Judge shall be the head of the High Court.

(9) Beside his normal powers of the High Court Judge like any other High Court Judge, the Senior Judge shall also have the power to discharge all duties and functions related to the authority of the High Court which according to the provisions of this Constitution or any other law or according to legal customs applicable in Tanzania are required to be performed by the Head of the High Court:

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Tenure of office for High Court Judge

Procedure for dealing with discipline for High Court Judges

Only if the provisions of this Sub-article shall not be used in the execution of duties and functions which in accordance to the provisions of this Article or any other law or according to cusomary law applicable in Tanzania have been specifically mentioned or they are understood to be duties or functions to be performed by the Chief Justice only.

(10) For the purpose of clearing doubt on the definition or the implemantation of the provisions of Sub-article (8) and (9), it is here officially pronounced that unless the provisions of this Constitution or any other law have instructed otherwise, the Chief Justice can from time to time provide directives to the Senior Judge on the execution of work and his functions as the Head of the High Court; the Chief Justice shall have the authority to delegate to the Senior Judge some of his leadership powers and management of the implematation of work in the High Court and all other courts at the lower level, and whenever required, the Chief Justice can himself directly exercise all his powers delegated to the Senior Judge.

(11) In the event that the office of the Senior Judge is vacant or the Senior Judge is unable to discharge the functions of his office for any reason, so the functions shall be discharged by one of the Judges who shall be appointed by the President for that purpose, and that judge shall discharge those functions until another Senior Judge is appointed and assume the office of the Senior Judge or until the Senior Judge himself who was unable to discharge the functions of his office returns to work.

195.-(1) Every High court Judge shall be require to retire when he attains the age of sxty five years, but the provisions of this Sub-article shall apply without prejudice the provisions in this Article.

(2) Any High Court Judge could retire from public service of the United Republic any time after attaining the age of sixty years, save only if the President directs that he should not retire and if the President so directs, the judge concerned with that directive of the President shall have no right to retire until the expiration of any period mentioned by the President for that purpose.

(3) In the event that the President feels that for public interest a judge who has attained the age of sixty five years should continue working, and the Judge agrees in writing to continue working, the President may direct that the judge continues working for any period mentioned by the President.

(4) Notwithstanding that a Judge has attained the age of retirement in accordance with the provisions of this Article, a person working as a High Court Judge may continue working after attaining that age until he completes the preparation and delivery of judgement or until he completes any other business in connrction with the proceedings which he had started hearing before attaining the age of retirement.

196. Procedure for dealing wity discipline for High Court Judges shall be as stipulated in Article 181 providing for the procedure of dealing with discuplin for High Court Judge.

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Oath of the High Court Judge of the United Republic

The High Court of Zanzibar

197.-(1) A High Court Judge of the United Republic shall assume office soon after he has been sworn in by the President, the oath of allegiance and any other oath concerning the discharge of duties as may be prescribed in accordance with the law.

(2) Without prejudice to the provisions of Sub-article (1), the Senior Judge shall assume office after being sworn in by the President, the oath of allegiance concerning the discharge of functions of the Senior Judge as may be prescribed in accordance with the law.

(g) The High Court of Zanzibar

198.-(1) There shall be a High Court of Zanzibar that shall be formed in accordance with the Constitution of .

(2) For the pupose of defining this Chapter, it should be understood that the provisions contained in this Chapter, do not prevent the continuation of the existence or the formation, in accordance with the laws applicable in Zanzibar, the High Court of Zanzibar or courts under the the High Court of Zanzibar.

Jurusdiction of the High Court of Zanzibar

Chief Registrar of the Court

199.-(1) Without prejudice to the provisions of Article 144, the jurisdiction of the High Court of Zanzibar shall be as stipulated in the laws applicable in Zanzibar.

(2) Without prejudice to the provisions of this Constitution or any other law enacted by Parliament, in the event that any law enacted by Parliament applicable in Tanzania Mainland and Zanzibar too, has entrusted any powers to the High Court of the United Reopublic, so the High Court of Zanzibar can exercise those powers in the same way as the High Court of the United Republic can.

(h) Administration of the Judiciary

200.-(1) There shall be the Chief Registrar of the Court of the United Republic to be called “Chief Registrar of Court”,who shall be appointed by the President following proposals of the Judicial Service Commission.(2) A person may be appointed to become Chief Registrar of Court if he is

a person of integrity, good conduct and honesty in the discharge of his responsibilities and should be:

(a) a citizen of the United Republic by birth; and (b) with a degree in law from a university recognised by an authority

responsible for higher education in the United Republic; and (i) has worked as a magistrate in the courts of the United Republic;

or (ii) has been in public service in the United Republi and has been

possessing those qualifications continuosly for a period of not less than ten years.

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Responsibilities of the Chief Registrar of Court

201.-(1) The Chief Registrar of Court shall have the following responsibilities:(a) to supervise the implementation of functions of the court; (b) to coordinate court issues; and (c) other responsibilities assigned to him by the Chief Justice. (2) In discharging his responsibilities, the Chief Registrar of Court shall

be accountable to the Chief Justice.

Chief Executive of the Court

Responsibilities of the Chief Executive Officer

202.-(1) There shall be a Chief Executive of the Court who shall be appointed by the President.

(2) A person shall not be appointed to become Chief Executive of the Court only if :

(a) he is a senior public servant; (b) he is a professional with experience in matters of administration and

finance; and (c) he is a person of integrity with good conduct acceptable by the

society. 203.-(1) The Chief Executive Officer shall have the following responsibilities:(a) Secretary to the Judicial Service Commission; (b) Accounting Officer of the Court; (c) chief supervisor of the Judicial Fund; (d) supervisor of the administrative matters of the court; and (e) to perform other duties assigned to him by the Chief Justice. (2) In discharging his responsibilities, the Chief Executive Officer of the

Court shall be accountable to the Chief Justice.

PART THREEJUDICIAL SERVICE COMMISSION AND JUDICIAL FUND

Judicial Service Commission

(a) Juidicial Service Commission

204.-(1) There shall be a Judicial Service Commission that shall be formed by eleven members who shall be appointed by the President as follows:

(a) The Chief Justice who shall be the Chairman; (b) The Attorney General of the Government of the Unted Republic; (c) Chairman of the Court of Appeal; (d) The Chief Justice of Zanzibar; (e) One High Court Judge; (f) One Justice of Appeal of the Appeal Court; (g) Senior Judge; (h) A represantative of Tanganyika Law Society; (i) A represantive of the Law Society of Zanzibar; (j) Two represantatives from Faculties of Law of the Universities, one

from Tanzania Mainland and one from Zanzibar who shall be proposed by the relevant universities; and

(k) The Chief Executive of the Court who shall be the Secretary.

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Responsibilities of the Judicial Service Commission

Membership in political parties

Judicial Fund

(2) The Judicial Service Commission could invite any person with special knowledge to participate in any sitting of the Commission, save only that that person shall have no right to vote.

(3) The Judical Service Commission shall formulate procedures of conducting its meetings.

205.-(1) The Judicial Service Commission shall be responsible for promoting and facilitating freedom and accountability of the Judiciary and successful and transparent dispensation of justice.

(2) The duty of the Judicial Service Commission shall be:(a) To recommend to the President names of persons who qualify to be

appointed to become Chief Justice, Deputy Chief Justice, Chairman of the Court of Appeal, Vice-Chairman of The Court of Appeal, High Court Judges, Justices of the Court of Appeal, Senior Judge and High Court Judges;

(b) To review and recommend terms of service for Judges, Registraras, Magistrates and other employees of the Judiciary including matters related to ethics, disciplin and their benefits;

(c) To recommend to the government measures to be taken improve the Judiciary with a view to improving efficiency in the dispensation of justice; and

(d) To perform any other duties assigned to it in accordance with this Constitution or the law

(3)In implemanting its responsibilities, the the Judicial Service Commission may delegate its powers to various committees that shall be formed in accordance with the law.(4)Without prejudice to Sub-article (2)(b), recommendations on benefitas to Judges, megistrates and other employees of the Judiciary

shall be presented to an orgarn responsible for the benefits of civil servants.(5) Parliament shall enact a law providing for provisions for the

implementation of the responsibilities of the Judicial Service Commission.

206. It is prohibited for a High Court Judge, Justice of the Court of Appeal, High Court Judge, Chief Registrar of Court, Megistrate and Chief Executive of the Court to join any political party, save only that he shall have the right to vote to elect leaders in the reprasantative organs.

(b) Judicial Fund

207.-(1) There shall be a judicial Fund of the United Republic that shall be under the management of the Chief Executive of the Judiciary.

(2) The Judicial Fund of the United Republic shall be utilized for meeting administrative and operation costs of the Judiciary of the United Repuplic and other important functions in the implementation of the responsibilities of the judiciary.

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(3) The Government shall ensure that during the budget of every financial year of the Government sufficient funds are allocated to the Judicial Fund of the United Republic.

(4) Parliament shall enact a law providing for provisions for the administration of the Judicial Fund of the United Republic.

CHAPTER THIRTEENPUBLIC SERVICE IN THE UNITED REPUBLIC

Fundamental principles of public service

Employment and appointment of a leader and a civil servant in Union institutions

208.-(1) there shall be the Public Service in the United Republic that shall observe the following fundamental principles:

(a) That public service is a responsibility from the people and a civili servant therefore, is required to serve the people with integrity, honesty and humility;

(b) To provide service to the people in time in a just, equal and non-discriminative manner; and;

(c) To ensure that people are appointed to hold various positions by observing technical competence, professionalsm, knowledge, skill, gender equality and experience in the relevant field and opportinuties for people with disability.

(2) Principles of Public Service specified in this Article shall be observed and used in the appointment of people for holding responsible positions of leadership in:

(a) authorities in the pillars of the state; (b) institutions and all Government departments; and (c) parastatals, companies and Government agencies. (3) Parliament shall enact a law providing for provisions for the

implementation of principles of public service specified in Sub-article (1).

209.-(1) Without prejudice to the provisions of this Constitution, appointment for leadership positions and in public service of the Government of the United Republic and its institutions, shall be conducted by taking into account education, integrity and professionalism.

(2) Without prejudice to the provisions of Sub-article (1), the appointment of a leader and an employuee in an institution or ministry of the Union shall be condected by observing the representation from the two parts of the Union, gender equality and people with disability.

Public Service Commission

210.-(1) There shall be a Public Service Commission that shall consist of Chairman, Vice-Chairman and five other members who shall be appointed by the President.

(2) While appointing members of the Public Service Commission, the President shall observe the principle of public service stipulated in Article 208.

(3) The qualifications of the Chairman, Vice-Chairman and member of the Public Service Commision shall be as follows:

(a) he should be a citizen of the United Republic by birth; 73

Secretary of the Public Service Commission

(b) he should be a holder of a degree from a university recognised in accordance with the law;

(c) he should have an experience in public service, broad knowledge on matters related to personnel, administration and community matters for a period of not less than ten years except for the Chairman and Vice –Chairman, they should have such experience for a priod of not less than fifteen years; and

(d) he should be a person of good conduct, professionalism, honesty, integrity, and should not be a person of the behaviour unacceptable by the society.

211.-(1) There shall be a Secretary of the Public Service Commission who shall be appointed by the President from among civil servants in the United Republic.

(2) The Secretary of the Public Service Commission shall be the head of the Public Service Secretariat, Chief Executive Officer and implementer of the day to day responsibilities of the Commission.

Authority and responsibilities of the Civil Service Commission

Salaries Commission

Sectorial

Commissions

Particapation

in

represetation

organs

212.-(1) The Public Service Commission shall be the highest organ of the public service with the authority for discipline and coordanation of all matters related to public service.

(2) The responsibilities of the Public Service Commission shall be:(a) to motivate on the implementation of the principles of public service;(b) to deal with appeals lodged by public servants against decisions made

by differant disciplinary authorities in the public service; and (c) to perform any other duties as may be specified by law on matters

pertaining to public service. (3) Parliament shall enact a law stipulating the procedure for setting up

conditions of imlementation of functions of the Civil Service Commission.

213.-(1) There shall be a Salaries and Benefits Commission that will deal with salaries and benefits of the civil servants.

(2) Parliament shall ernact a law providing for conditions in relation to the structure, responsibilities and other matters related the implementation of the functions of the Salaries Commission.

214.- There shall be different sectorial Commissions that shall be stipulated in accordance with the laws to be enacted by Parliamrnt for the purpose of better management, coordination and provision of social services.CHAPTER FOURTEENELECTION IN REPRESANTATIVE ORGANS AND POLITICAL PARTIES

PART ONEREPRESANTATION OF THE PEOPLE215-(1 )Every citizen of the United Republic who has attained the age of

74

Election and referundum

Private candidate

eighteen or more with a sound mind has the right to be registered and to vote during elections or a referendum (2) For the purpose of Sub-article (1) the electoral authority shall observe the principles that:(a) people use their political rights in accordance with this Constitution;

(b) people with disability are given the opportunities of represantation; (c) people have the right to vote according to their desire of

represantation and equal votes; and (d) free and fair election which is-

(i)based on secret ballot; (ii)free of force , intimidation, temptations or corruption;

(iii)there are statements or incidents indicating racialism, regionalism, religion, scorn or slander against a certain gender or stigmatisation against people with disability or minority groups in the society.

(iv)conducted and managed by an independent body; and(v) is conducted without favour, observing impartiality, serious

indicating accountability of the staff.(3) In order to implement provisions contained in Sub-article (1) and (2) the state authority shall institue procedures that shall provide for:

(a) authorities supervising the election to announce constituencies for parliamentary election;

(b) nomination of candidates; (c) registration of voters; (d) conduct and supervise election and referendum; and (e) a procedure to make the election simple, transparent and considering

the needs of people with special requirements. (4) For the purpose of Sub-article (2) and considering conditions for

challenging the result of the Presidential election, a Presidential candidate has the right to institute proceedings in court to challenge the election results, which he believes have contravened the provisions of this Constitution or law.

(5) Parliament shall enact a law providing for provisions on the implementation of this Article.

216.-(1) Without prejudice to the provisions of Article 88 and Article 140, a person shall have the right to become an independent candidate during an election to be supervised by an Independent Electoral Commission.

(2) Parliament shall enact a law providing for provisions on a private candidate in relation to-

(a) number of voters required to guarantee him at the level of the postion he is contesting;

(b) the period that he has ceased to be a member of any political party before the election day;

(c) not to join a political party during the period he is a leader after being elected;

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Formation of Independent Electoral Commission

(d) procedure for identifying internal and external sources of income for financing the costs of the election campaign;

(e) procedure to identify standards and qualifications to be used for obtaining national leaders at a higher level;

(f) declare openly an election manifesto showing the way the country shall be administerd;

(g) provide conditions that prohibit policies aime at dividing the Nation; and

(h) other conditions as it may be deemed appropriate.

PART TWOINDEPENDENT ELECTORAL COMMISSION

(a) Independent Electoral Commission217.-(1) There shall be an Independent Electoral Commission of the

United Republic to be known as the “Independent Electoral Commission”.(2) The Independent Electoral Commission shal consist of the Chairman,

Vice-Chairman and seven other members who shall be appointed by the President after being proposed by the Nomination Committee.

(3) The Chairman, Vice-Chairman and Members of the Independent Electoral Commission shall assume office soon after being sworn in by the President.

(4) The appointment of the Chairman and Vice-Chairman of the Independent Electoral Commission shall be conducted under the principle that, if the Chairman is appointed from one side of the United Republic the Vice-Chairman shall be appointed from the other side of the United Republic.

(5) The Chairman and Vice Chairman of the Independent Electoral Commission shall have the following qualifications:

(a) he should be a citizen of Tanzania by birth and at least one of his parents is a citzien of the United Republic by birth;

(b) he should be a person who held office of Judge of the High Court, Justice of the Court of Appeal or Judge of Supreme Court and has been holding that position for a period of not less than five years;

(c) he should be an honest person, a person of integrity with a behaviour that is unqestioned by the society;

(d) he should be a person who has never held a high position in a political party; and

(e) he should be a person who has never been convicted for any criminal offence.

(6) A Member of the Independent Electoral Commission shall have the following qualifications:(a) he should be a citizen by birth and at least one of his parents is a

citizen of the United Republic by birth; (b) he should be an honest person, a person of integrity with a bahaviour

that is unquestioned by the society; (c) he should be a person who has never held a high position in a political

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Nomination Committee

Tenure of office for a member of the Commission

(d) he should be a holder of a university degree from a recognised university in accordance with the law; and

(e) he should be a person who has never been convicted for any criminal offence.

(7) For the purpose of this Article, the following persons shall not be eligible for appointment as Members of the Independent Electoral Commission:(a) A Member of Parliament of the Parliament of the United Republic, a

Member of the House of Representatives or a Councilor; or(b) a person who is a public servant. (8) The appointment of the Members of Independent Electoral Commission

shall consider the representation of every side of the United Republic.218.-(1) There shall be a Nomination Committee for the nomination of the

Chairman,Vice-Chairman and Members of the Independent Eloctoral Commission that shall consist of the following Members:

(a) Chief Justice of the United Republic who shall be the Chairman; (b) Chief Justice of Zanzibar who shall be the Vice-Chairman; (c) Speaker of the Parliament of the United Republic; (d) Speaker of the Zanzibar House of Representatives; (e) Senior Judge; and (f) Chairman of Public Leaders Ethics Commission. (2) Director of the Independent Electoral Commission shall be the

Secretary of the Nomination Committee. (3) The Nomination Committee shall have the responsibility to receive and

analyse names of persons who have applied to become members of the Independent Electoral Commission in accordance with the procedure to be specified by the law.

(4) Subject to the provisions of Sub-article (3), the Nomination Committee, soon after analyzing names of persons who have applied to become members of the Independent Electoral Commission, it shall recommend to the President names of persons who qualify to be appointed to become members of the Independent Electoral Commission.

(5) The President shall appoint the Chairman, Vice-Chairman and Members the Independent Electoral Commision from among the names presented by the Nomination Committee.

(6) Parliament shall enact a law which among other things shall provide for the provision on the oath of the Chairman, Vice-Chairman and other Members of the Independent Electoral Commission.

219.-(1) A Member of the Independent Electoral Commission shall hold office for a period of five years and can be re-appointed for anoher one five-year term.

(2) A person shall cease to be a Member of the Commission if any of the following incidents occur:

(a) resignation; (b) inability to perform his functions due to illness; (c) violation of Rules of Ethics for Public Leaders; (d) to be convicted of an offence that carries a prison sentence for a period of more than

seven days

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Duties of the Independent Electoral Commission

(e) to lose qualifications of being appointed to become member; or (f) to die. (3) For the better carrying out of functions of the Commission, there shall

be a code of conduct as may be specified by law. (4) Where the issue of removing a Member of the Independent Electoral

Commission for contravening the Code of Condyct shall arise, the President shall form a committee that shall consist of:

(a) Justice of the Court of Appeal who shall be the Chairman; (b) Commissioner of the Commission for Human Rights and Good

Governance; (c) A Member of the Ethics and Accountability Commission; and (d) Attorneys, one from Tanzania Mainland and one from Zanzibar who

shall be recommended by the Tanganyika Law Society and the Zanzibar Law Society,

and that Committee shall conduct an investigation on the issue and submit its recommendations to the President.

(6) Where after the investigation, the Committee shall recommend that the Member should be removed, the President shall remove that Member and where the Committee recommends should not be removed, the question of removing that member shall cease.

(7) The Committee shall formulate procedure for conducting an investigation.

220.-(1) The Independet Electoral Commission shall have the responsibility;(a) to supervise and conduct all the activities of the election of the

President and Members of Parliament in the United Republi; (b) to supervise and conduct referendum; (c) to supervise and coordinate the registration of voters in the United

Republic; (d) to devide and announce electoral constituencies for parliamentary

election of the United Republic; and (e) to announce the results of the Presidential election and Parliamentary

election, or the results if a referendum. (2) The Independent Electoral Commission shall have the responsibility to provide voter

education during election or referendum and coordinate the provision of civic education during election or referendum and to supervise civil organisations, institutions, organisations or groups of people that shall provide such education.

(3) The Independent Electoral Commission also has the duty to ensure the existence of: (a) freedom of the people in using the right to elect and be elected through political

parties or an independent candidate; (b) the observence of the electoral principle of one man one vote; and (c) free and fair election.

(4) The Independent Electoral Commission may discharge its functions notwithstanding that there is a vacancy among its members or that one of its members is absent, provided that every decision of the Independent Electoral Commission must be supported by a majority of all members of the Independent Electoral Commission.

(5) In discharging its functions in accordance with provisions of this Constitution

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Complains concerning election

Appointment of Director of Elections

The Independent Electoral Commission shall not be obliged to comply with orders, directions or views of any person, any Government Authority, a political party, institute or any institution.

(6) In dividing the electoral constituancies in accordance with this Article, the Independent Electoral Commission shall take into account:

(a) the number of people in the relevant area; (b) availability of communication system in the intended area; (c) administravie boundaries; and (d) geographical areas in the relevant area. (7) Other provisions regarding the division of the United Republic into

electoral constituencies shall be as it may be stipulated in an act to be enacted by Parliament.

(8) In discharging its functions in accordance with this Constitution, the Independent Electoral Commission shall from time to time consult the Zanzibar Electoral Commission.

(9) It is hereby pohibited for persons concerned with the conduct of the election to join any political party save only that each of them shall have the right to vote during election or referendum.

(10) For the purpose of Sub-article (7), people concerned with the conduct of election or referendum are:

(a) Chairman of the Commission; (b) Vice-Chairman of the Commission; (c) All members of the Commission; (d) Director of Election together with all other employees of the

Commission; and (e) All supervisors of election. 221.-(1) The Independent Electoral Commission shall supervise and

resolve as early as it could possibly be, complains concerning nomination of candidates in the election.

(2) Proceedings on complains concerning Parliamentary election shall be instituted at the High Court as soon as it could possibly be, after the Independent Electoral Commission has announced the results and in what ever the case, no longer than the period specified in the laws of the country.

(b) Director of Elections 222.-(1) There shall be the Director of Elections who shall be appointed by the President.(2) The Director of Elections shall have the following qualifications:(a) he should be a citizen by birth and at least one of his parents is a

cutizen of the United Republic by birth; (b) he should be an honest person, with integrity with the behaviour

unquestioned by the society; (c) he should be a person who never held a high position in a political

party; (d) he should possess a degree from a university recognised in accordance with the law;

and (e) he shold be a person who has never been convicted for any criminal offence.

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Responsibilities of the Director of Elections

223.-(1) The Director of Elections shall be the chief supervisor and implementor of the day to day responsibilities of the Independent Electoral Commission in connection with election issues, registration of voters and conducting referendum.

(2) The Director of Elections shall discharge his responsibilities following the procedure specified by the law in connection with issues related to elections and referendum.

(3) The Director of Elections shall discharge his responsibilities with the assistance executives who are public servants according to the number required.

(4) In discharging his responsibilities, the Director of Elections shall be accountable to the Independent Electoral Commission.

Registration of political parties

PART THREEREGISTRATION AND SUPERVISION OF POLITICAL PARTIES

(a) Political Parties

224.-(1) A political party could conduct political activities if it is registered in accordance with the law.

(2) It will be illegal for any political party to be registered which acoording to its Constitution or policies:

(a) It intends to promote or fight for the interests of : (i)faith or any religious group;

(ii)any recial group, people who hail from a certain place, colour or gender;

(iii)only a certain area in any part of the United Republic; (b) it strives for the disintegration of the United Republic; (c) it approves or strives for trhe use of force as a means of attaining its

political goals; (d) it strives or intends to carry out its political activities in only one part

of the United Republic; or (e) it does not allow its leadership to be elected in a democratic way

taking into account gender, people with disability and represantation from both sides of the Union.

(3) Without prejudice to the relevant laws, it is prohibited for any person to be forced to join any political party or for a political party to be refused registration only becaue of its ideology or phylosophy.

(4) Parliament may enact a law on limitations and strandards set by provisions of Sub-article (2) on the freedom of the people to associate and to assemble.

(5) All matters related to the registration and management of political parties in the country shall be supervised in accordance with this Constitution.

(b)Registrar of Political Parties 225-(1) There shall be the Registrar of Political Parties who shall be appointed by the President.(2) The Registrar of Political Parties shall have the following qualification:

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Deputy Registrar of Political Parties

Responsibilities of the Registrar and Deputy Registrar of Political Parties

Public Leaders Ethics Commission

(a) he should be a citizen of the United Republic by birth; (b) He should be honest, with integrity with the behaviour unquestioned

by the society; (c) he should be a person who never held a senior position in a political

party; and (d) he should be holder of a university degree from a university

recognised in a accordance with the law. 226.-(1) There shall be a Deputy Registrar of political parties who shall

be appointed by the President.(2) A person shall be appointed to become Regitrar of Political Parties if

he has the qualification mentioned in Article 225(2). (3) The Deputy Registrar of Political Parties shall be the principal

assistant of the Registrar of Political Parties in the discharge of his responsibilities.

227.-(1) The responsibilities of the Registrar and Deputy Registrar of Political Parties shall be:

(a) To supervise and coordinate the registration and activities of political parties in accordance with the provisions of the Constitution and the law;

(b) To prepare and publish annual statements on audit reports of every political party; and

(c) To supervise the finances of political parties. (2) The Registrar and Deputy Registrar of Political Parties shall discharge

their responsibilities in accordance with this Constitution and by observing procedures to be specified by an act to be enacted by Parliament.

CHAPTER FIFTEENACCOUNTABILITY INSTITUTIONS

PART ONELEADERSHIP ETHICS COMMISSION

228-(1) There shall be a Commission to be referred to as “Public Leaders Ethics Commission” that shall consist of a Chairman and Vice-Chairman and other members who shall be not more than seven.

(2) The Chairman and Vice-Chairman of Public Leaders Ethics Commission shall be appointed by the President from among the names proposed by the Nomination Committee.

(3) The Chairman and Vice-Chairman shall hold office after being sworn in by the President.

(4) The qualifications of the Chairman of the Commission shall be as follows:(a) he should be a citizen of the United Republic by birth and at least one

of his parents is a citizen of the Unuited Republic by birth;

(b) he should be a holder of a university degree from a university recognized in accordance with the law;

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Nomination and qualifications of a Member

(c) a person with experience in the public service for a period of not less than fifteen years;

(d) a person with good conduct, professionalism, honesty, integrity and with the behaviour unquestioned by the sociaty; and

(e) a person who has never been convicted for any criminal offence.

(5) Qualifications of the Vice-Chairman shall be as specified in Sub-article (4).

229.-(1) A Member of the Public Leaders Ethics Commission shall be appointed by the President after being proposed by the Nomination Committee.

(2) Qualification of a Member of the Public Leaders Ethics Commission shall be as follows:

(a) he should be a citizen of the United republic by birth; (b) a holder of a degree from a university recognised in accordance with

the law; (c) a person with leadership experience for a period of not less than ten

years; (d) a person with good conduct, professionalism, honesty, integrity with a

bahaviour that is unquestined by the society; and (e) a person whi has never been convicted for any criminal offence.

Selection Commitee

230. There shall be a Selection Committee that shall consist of the following Members:

(a) Chief Justice of the United Republic;(b) Chief Justoce of Zanzibar;(c) Senior Judge;(d) Attorney General of the United Republic; and(e) Attorney General of the Revolutionary Government of Zanzibar.

Responsibilities of the Commission

231.-(1) The responsibilities of the Public Leaders Ethics Commission shall be to follow-up and investigate the conduct and bahaviour of public leaders with a view to supervise and ensure that the conduct and ethics of public leadership are observed, safeguarded and respected in the public service, Parliament, Judiciary, institutions and all other public departments.

(2) Without prejudice to the general provisions of Sub-article (1), the specific responsibilities of the Commission shall be:

(a) to supervise ethics in the public service; (b) to investigate the conduct and bahaviour of a public leader and take

action where it is appropriate; and (c) to administer law in connection with ethics of public leaders. (3) Parliament shall enact a law for the purpose of the implementation of this Article.

Tenure of officee 232.-(1) The Chairman, Vice-Chairman and all other memberseach shall hold office for a period of three years or another period

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for Member of the Commission

Independence of the Commission

Empowerment of equipment and resources

Commission for Human Rights and Good Governence

Qualifications of the Chairman, Vice-Chairman and Commissioner of the Commission

of less than three years as specified in the appointment letter, taking into account the fact that the appointment of the Members of the Commission shall be made in such a way that Members of the Commission shall not commence or complete their term simultaneously.

(2) Without prejudice to the provisions of Sub-article (1), the Chairman, Vice-Chairman or a Member of the Commission may be re-appointed only for one another three year term.

(3) The Chairman, Vice-Chairman and Members of the Commission while in office shall not be allowed to be appointed, elected or hold any other office of responsibility.

233.-(1) The Commission shall be independent and for that reason, it shall not be interfered with byany body or authority in discharging its responsibilities.

(2) Parliamen shall enact a law providing for provisions concernin:(a) procedure for the implementation of the responsibilities of the

Commission; (b) preparation and submission of the reports of the commission; (c) procedure for making recommendations and decisions of the

Commission; (d) term of office and removal from office a Member of the Commission; (e) employees of the Commission; and (f) other important issues concerning the Commission.

234. The Government shall ensure that the Public Leaders Ethics Commission is provided with money, equipment and human resources in order to implement its functions and responsibilities successfully.

PART TWOCOMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNENCE

235.-(1) There shall be a Commission to be known as the “Commission for Human Rights and Good Governence” that shall consist of a Chairman, Vice-Chairman and not more than seven Commissioners.

(2) The Chairman, Vice-Chairman and Commissioners of the Commission for Human Rights and Good Governence shall be appointed by the President from among the names proposed by the Selection Committee.

(3) The Chairman and Vice-Chairman shall hold office after being sworn in by the President.

236.-(1) Qualifications of the Chairman and Vice-Chairman of the Commission for Human Rights and Good Governence shall be as follows:

(a) he sould be a citizen of the United Republic by birth; (b) a person holding a degree in law from a university recognised in

accordance with the law; (c) a person who respects human rihts; (d) a person with experience in public service, wide scope on matters

related to human rights, administration or social matters for a period of not less than ten years; and

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Selection Committee

Functions and responsibilities of the Commission

(e) a person with respect, professionalism, honest, with integrity and behaviour that could not be questioned by the society.

(2) The qualifications of a Member of the Commission shall be as follows: (a) He should be a citizen of the United Republic by birth and at least of

his parents is a citizen of the United Republic by birth; (b) a person holding a degree from a university recognised in accordance

with the law; (c) a person who respects human rights; (d) a person with an experience of not less than ten years with at least a

an experience in legal matters, human rights, administration, politics or social matters; and

(e) a person with respect, professionalism, honest, with integrity, with the bahaviour that could not be questioned by the society.

237.-(1) There shall be a Selection Committee for the selection of the Chairman, Vice-Chairman and Commissioners of the Commission for Human Rights and Good Governence that shall consist of the following members:

(a) Chief Justice of the United Republic who shall be the Chairman; (b) Chief Justice of Zanzibar who shall be the Vice-Chairman; (c) Speaker of the Parliament of the United Republic; (d) Speaker of the Zanzibar House of Represantatives; and (e) Deputy Attorney General of the United Republic who shall be the

Secretary. (2) The Selection Committee shal have the responsibility to receive and

analyze names of persons who have applied to become Chairman, Vice-Chairman and Commissioner of the Commission for Human Rights and Good Governence in accordance with the procedure to be specified by the law.

(3) There shall be a Secretariat of the Commission to be led by a Chief Executive who shall be appointed by the President from a list of three people proposed by the Commission for Human Rights and Good Governence.

238.-(1) Functions and rsponsibilities of the Commission shall be as follows:(a) to sensitise about the safeguard of human rights and the duty of the

public in accordance with the Constituition and laws of the country; (b) to sensitise, safeguard and follow-up the implementation of gander

equality and propotionality in National development in general; (c) to receive complains in relation to the violation of human rights in

general; (d) to conduct inquiry on matters relating to infringement of human rights

and violation of principles of good governance and make proposals leading to the rectification of the existing shorfalls;

(e) to conduct research and impart to the public education in respect of human rights and good governance;

(f) to institute proceedings in court in order to prevent violation of human rights or to restore a right that was caused by the the infringemenet of human rights or violation of principles of good governance;

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Tenure of office for Chairman, Vice-Chairman and Commissioner of the Commission

Removal from office of the Chairman, Vice-Chairman or Cimmussioner of the Commission

(g) to inquire in to the conduct of any person concerned or any institution concerned with the provisions of this Article in relation to the ordinary performance of his duties or functions or abuse of the authority of his office;

(h) to advise the Government and other public organs on human rights and good governance; and

(i) to take neccessary action in order to promote and enhance reconciliation among persons and various institutions appearing or being brought before the Commission.

(2) Without prejudice to other provisions of this Article, Parliament may enact a law in accordance with the provisions of this Chapter to provide for the provisions regarding the authority of the Commission, procedure for the discharge of its functions and legal immunities for the Commissioners and enployees of the Commision for the purpose of enabling them to implement their functions without violating the laws.

(3) For the purpose of discharging its responsibilities, the Commission shall not conduct an investigation on the following:

(a) any matter before the court or other organ of the judiciary; (b) any matter corcerning relationship or cooperation between the

Governmrent and the Government of any other foreign country or international organisation;

(c) some thing related to the prerogative of mercy by the Presdint; or (d) any other matter mentioned by any law. 239.-(1) The Chairman, Vice-Chairman and a Commissioner of the

Commission shall each hold office for a period of three years or another term of less than three years as indicated in the letter of appointment, taking into account that the appointment of the Commissioners shall be conducted in such a way that Commissioners of the Commission shall not commence and complete their term of office simultaneously.

(2) Without prejudice to the provisions of Sub-article (1), the Chairman, Vice-Chairman or a Commissioner of the Commission can be re-appointed for only one three year term.

(3) Any person appointed to become Commissioner of the Commission shall be required to immediately relinquish his postion in any political party or any other position that shall be specified for that purpose by an act to be enacted by Parliament.

240.-(1) The Chairman, Vice-Chairman or Commissioner of the Commission could be removed from office for:

(a) being unable to discharge the functions of his office because of illness;

(b) breaching of the code of conduct for public leaders; (c) violate ethics of Public Leadership; (d) lack of professionalism (e) lack of discipline; or (f) being convicted for criminal offences connected with lack of ethics or

trust.(2) Chairman, Vice-Chairman or Commissioner of the Commission

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Shall not be removed from office except in accordance with the provisions of Sub-article (3) and (4).

(3)Where the President is satisfied that the question of removing from office the Chairman, Vice-Chairman or Commissioner of the Commission need to be investigated, the President shall form a special committee that will investigate the issue

(4) The special Committee formed by the President shall investigate the issue that needs investigation and present its recommandations to the President for decision making.

IndependenceOf the Commission

241-(1) The Commission shall be independent and shall not be interfered with by a person or any authority in the discharge of its responsibilities.

(2) Parliament shall enact a law providing for provisions on:(a) procedure for the implementation of the responsibilities of the

Commission;(b) preparations for the submission of the reports of the Commission;

(c) procedure for making recommendations and decisions of the Commission;(d) employees of the Commission; and(e) other important matters concerning the Commission.

Empoerment in equipment and resources

242. The Government shall ensure that the Commission for Human Rights

and Good Governance is provided with money, equipment and human resource in

order to implement its functions and responsibilities successfully.PART THREE

CONTROLLER AND AUDITOR GENERAL OF THE UNITED REPUBLIC

Appointment of Controller and Auditor General of the United Republic

Qualifications of the Controller and Auditor Genetral of the United Republic

243.-(1) There shall be a Controller and Auditor General of the United Republic who shall be appointed by the President.

(2) Controller and Auditor General of the United Republic shall hold office after being sworn in by the President.

244. A person could be appointed to become Controller and Auditor General of the United Republic if he has the following qualifications:

(a) he is a citizen of the United Republic by birth; (b) he has passed an advanced training in accountancy and registered by

the relevant authority; (c) he has an experience of not less than fifteen years on matters

partaining to auditing of Government accounts; (d) he is a person who has never been convicted of any criminal offence;

and (e) he is a professional, honest, of integrity with the behaviour that could

not be questioned by the society.

Functions and responsibilities of the Controller and Auditor General of the United Republici

245.-(1) Functions and responsibilities of the Controller and Auditor General of

the United Republic shall be :

(a) to ensure that the use of any money proposed to be paid out of the Consolidated Fund has been authorised and that the funds shall be paid out in accordance with the provisions of this Constiotution and where he is satisfied that those provisiions shall

86

be fully complied with, then he shall authorize payment of such money;

(b) to ensure that all the money the payment of which has been authorized to be charged on the Consolidated Fund of the Government or the money the use of which has been authorized by law and which have been spent to the purpose connected with the use of such moneys, and that such expenditure has been incurred with the authorization for such expenditure; and

(c) at least once every year, to audit and give an audit report in respect of: (i)the accounts of the Government of the United Republic, accounts

of political parties and accounts of the Local Governments; (ii)accounts managed by institutions and agencies of the Government

of the United Republic; (iii)accounts of the court of the United Republic; and (iv)accounts of the Parliament of the United Republic.

(2) Controller and Auditor General of the United Republic shall be independent in the discharge of his functions and responsibilities and shall not be interfered with by any person or any authority in the discharge of his functions.

(3) The Controller and ASuditor General of the United Republi or any person whois authorized by the Controller and Auditor General of the United Republis shall have the right to examin the books, records and all other documents concerning any type of accounts referred to in Sub-article (1).atawasilisha kwa Rais kila taarifa atakayotoa kwa mujibu wa masharti ya Katiba hii.

(4) The Controller and Auditor General of the United Republic shall submit to the President every report he makes pursuant to the provision of this Constitution(5) Upon receipt of such report, the President shall direct the persons

concerned to submit that report before the first sitting of the National Assembly which shall be held after the President has received the report and it shall have to be submitted before the expiration of seven days from the day the sitting begane, and if the President does not take steps of submitting such report to the Speaker, then the the Controller and Auditor General of the United Republi shall submit the report to the Speaker, who shall submit the report to the National Assembly.

(6) The Controller and Auditor General of the United Republic shall also have the responsibilities of discharging other duties and functions, and shall have other various powers, as shall br specified by law concerning accounts of the Government of the Government of the United Republic, accounts of the public authorities or accounts of corporation.

(7) In discharge of his functions in accordance with the provision of Sub-article (1), (3), (4) and (5), the Controller and Auditor General of the United Republic shall not be obliged to comply with orders or direction of any other person or any Government Department, but the provisions of this Sub-article shall not preclude a court from exercising jurisdiction to enquire into whether the Controller and Auditor General of the united Republic has discharged his functions in accordance with the provisions of this Constitution or not.

(8) Parliament shall enact a law that shall oversee among other things , the exercise of the authority of the Controller and Auditor General of the United Republici.

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Tenure of office for the Controller and Audito General of the United republic

Removal from office for the Controller and Auditor general of the United Republic

Empowerment in equipment and resources

246.-(1) The tenure of office for the Controller and Auditor General of the United Republic shall be a term of seven years.

(2) Notwithstanding the provision of Sub-article (1), the Controller and Auditor General of the United Republic may resign from his position by giving a thirty-day notice to the Presiden

247-(1) The Controller and Auditor General of the United republic could be removed from office by:

(a) Inability to discharge his responsibilities for health reasons;(b) violatic the code of ethics for public leadership; (c) violating ethics of public leadership; (d) lack of professionalism; (e) lack of discipline; or (f) to be convicted for a criminal ofence connected with lack of ethics

or trust. (2) The Controller and Auditor General of the United Republic could

not be removed from office except in accordance with the provision of Sub-Article (3) and (4).

(3) Where the President is satisfied that the question of removing from office the Controller and Auditor Generak of the United Republic needs to be investigated:

(a) he shall appoint a special committee which shall consist of a Chairman and other members who shall be not less than three, one member from the accountig authority in the country, two members who at least one of them a judge or a person who worked as a High Court Judge, Justice of Appeal or Judge of High Court of the United Republi or the High Court of Zanzibar;

(b) while the question of removig from office the Controller and Auditor General of the United Republic has been referred to the Special Committee for investigation, the President shall suspend the Controller and Audotir General of the United Republic; and

(c) The Special Commitee shall investigate the issue and present a report to the President and shall advise the President whether the Controller and Auditor General of the United Republic should be removed from office or not.

(4) If the Special Committee shall advise the President that the Controller and Auditor General of the United Republic should be removed from office, the President shall remove him from office.

(5) The President shall revoke the decision to suspend the Controller and Auditor General of the United Republic if the Special Commitee shall advise the President that the controller and Auditor General of the United Republic should not be remove from office.

248. The Government shall institute procedure that will enable the office of the Controller and Auditoe General of the United Republic to be provided with money , equipmwnt and human resources according to the Goverments budgetary capability so as to safeguard its independence and discharge its functions and responsibilities with success.

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.

Control of corruption

PART FOUR AN ORGAN TO PREVENT AND COMBAT CORRUPTION

249.-(1) For the purpose of controling corruption, there shall be an organ with the reponsibility to prevent and combat corruption.

(2) Parliament shall enact a law providing for provisions related to the structure, responsibilities and powers of the organ referred to in Sub-article (1).

CHAPTER SIXTEENPROVISIONS CONCERNING THE FINANCE OF THE UNITED REPUBLIC

(a) The Consolidated Fund and the Finance of the United Republic

Principles for the expenditure of public funds

250. The following principles shall direct the expenditure of the public funds in the United Republic of Tanzania:

(a) public funds shall be used in trasparancy, prudently and by accountability taking into account peoples participation through their representatives;

(b) the structure of public funds shall aim at the existence of: (i)taxation without favou or discrimination;

(ii)a government budget that gives priority to under developed groups and areas;

(c) expenditure of national resources and loans shall take into account propotional development for the benefit of the present and future generations; and

(d) reports on the management of public funds shall be in a language that is understood by the people.

Joint Account 251. The Government of the United Republic shall maintain a special account to be known as “The Joint Account” and shall be part of the Consolidated Fund of the United Republic where contributions by the two governments, according to the amount deciced upon by the Joint Finanacial Commission in accordance with the law enacted by Parliament shall be deposited for the purpose of the activities of the United Republic on Union Matters.

Joint Financial Commission

252.-(1) There shall be a Joint Financial Commission that shall consist of not more than seven members who shall be appointed by the President of the United Republic in consultation with the President of Zanzibar where three members shall come from Zanzibar and four from Tanzania Mainland.

(2) The responsibilities of the Joint Financial Commission shall be:(a) to analyse the income and expenditure, derived from, or related to the

implementaion of Union Matters and make recommendations to both Governments on contributions and dividends of each of those Governments;

(b) all the time, to look into the structure of financial activities 89

The Consolidated Fund

of the United republic and also the relatiobnship of the two Governments on matters of finance; and

(c) to do other things that the President may assign the Commission or as the President may instruct, and in accordance with the law enacted by Parliament.

(3) For the purpose of this Article, Parliament shall enact a law stipulating and defining:

(a) provisions and procedures for the implementation of the responsibilities of the joint Finanancial Commission;

(b) provision concerning members of the Joint Financial Commission; (c) structure and responsibilities of the Secretariat; (d) procedure for the presentation of reports of the Joint Financial

Commission and other reports of the Joint Financial Commission concerning the discharge of its responsibilities in accordance with this Constitution; and

(e) any other matters concerning the Joint Financial Commission. 253. There shall be the Consolidated Fund of the Government of the United Republic which shall be called “the Consolidated Fund”which all the revenue derived from varioyu sources shall be paid into, except(a) the revenue that has been specified by law to be used for a special purpose or be paid in to another fund for special use; or(b) revenue which in accordance with the law, Government institutions have been allowed to collect and retain for meeting the cost of running those institutions.254 –(1) Money shall be paid out of the Consolidated Fund of the Government of the United Republic for expenditure in accordance with the following terms:

Conditions for withdrawal of moneys from the Consolidated Fund

(a) such money should be for the purpose of expenditure which has been authorised to be charged upon the Consolidated and the authorisation granted in accordance with this Constitution or law; and

(b) such money is for the expenditure which has been authorised by Appropriation Act enacted by Parliament for that purpose or any law enacted by Parliament.

(2) Subject to the provision of Sub-article (1), moneys in the Consolidated Fund shall be paid out from that fund for the purpose of expenditure on condition that such expenditure has been approved by the Controller and Auditor General of the United Republic.

(3) Moneys in any special fund of the Government, other than the Consolidated Fund, shall not be paid out of that fund for expenditure unless such expenditure has been authorized by law.

255.-(1) The President shall give directions to the persons concerned to prepare and submit to the National Assembly, in each Government financial year, estimates of revenue and expenditure of the Government of the United Republic for the next financial year

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Procedure for authorization of expenditure before the Appropriation Act comes into operation

(2) the estimates of the revenue and expenditure of the Government of the United Republic prepared in accordance with Sub-article (1), shall first be presented to the relevant Parliamentary Committee fo evaluation and analysis.

(3) The Parliamentary Committee which the estimates of the Government revenue and expenditure has been sent to in accordance with Sub-article (2), may invite and receive opinion and advise from various stake holders on the estimates and after completing the evaluation and analysis of the revenue and expenditure of of the Government of the United Republic, the committee shall prepare its report on the Government estimates and present it to the Parliamen.

(4) After discussing and approving the setimates of revenue and expenditure of the Government presented in accordance with Sub-article (1), the Government shall introduce in to the National Assembly an Appropriation Bill for the purpose of authorizing the issue from the Consolidated Fund sums necessary to meet the expenditure for various activities of the Government involved in those estimates.

(5) Where in any financial year it is found that: (c) the ammount of money appropriated by the Appropriation Act for a

certain purpose is insufficient; (d) it has been necessary to incur expenditure in respect of an activity for

which no amount has been appropriated under the law of the country; (e) money has been expended for a certain purpopse in excess of the

amount appropriated for it by the Appropriation Act; or (f) money has been expended for a purpose for which no amount was

appropriated in accordance with the law,there shall be presented before the National Assembly a

supplementary estimate or, as the case may be a statement of exess, and after the National Assembly has approved the supplementary estimates or the statement of excess, there shall be introduced in the National Assembly an Appropriation Bill for the purpose of authorizing the issue of funds from the Consolidated Fund and such money shall be used to meet the cost of the activities involved in the supplementary estimates or statement of excess.

256.-(1) Where the financial year of the Government has begun and the Appropriation Act in relation to that year has not come into operation, the President may authorize the issue of money from the Consolidated Fund of the Government of the United Republic for the purpose of meeting the expense of essential business of the Government, and such money shall be expended until the expiration of four months from the beginning of the financial year or until the Appropriation Act comes into operation, which ever occurs earlier.

(2) Parliament shall enact a law providing for the authorization of expenditure of money from the Consilidated Fund of the Government of the United Republic in accordance with the procedure prescribed in Sub-article (1).

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Contingencies Fund

257.-(1) There shall be a Contingency Fund which its use shall be specified in the provision of an act.

(2) An Act mentioned in Sub-article (1) shall authorize the President or a Minister responsible for Finance , where he is satisfied that:

(a) there is an urgent and unforeseen need for which no funds have been provided, to boeeow money from the Contingency Fund to meet the cost of the need; or

(b) an urgent and unforeseen need as referred to in paragraph (a) of Sub-article (2), to use money specifically appropriated for a certain business to meet tthe cost of the need.

(3) Where money has been borrowed from the Contingency Fund or meney specifically appropriated for a certain purpose has been used to meet the cost of an urgent need, there shall be presented befor the National Assembly supplementary estimates, and after the National Assemblt has approved the supplementary estimates, a supplementary Appropriation Bill which shall be introduced in the National Assembly for the purpose of authorizing such expenditure shall ensure that any money borrowed from the Contingency Fund shall be reimburse from the money the expenditure of which shall be authorized by that bill.

Remunaration of certain holders of public office to be charged of Consolidated Fund

258.-(1) There shall be employees of the Government of the United

Republic who shall be paid salaries and allowances as it may be specified by the

law.

(2) For the purpose of Sub-articele (1), money for the salaries and allowances payable to holders of government offices to whom the provision of this Article apply, together with pansion and gratuity shall be a charge on the Consolidated Fund of the Government of the United Republic.

(3) The salary payable to the holder of public office to whom the provisions of this Article apply together with his terms and conditions of service shall not be verified, after that holder of public office has been appointed, in a manner which is less benefitial to him, but these provisions shall not apply to allowances payableto the holder of such office.

(4) Where the holder of public office to whom the provisions of this Article apply has the option to choose the salary or the terms and conditions of service, them for the purpose of construing the provisions of Sub-article (3), the slary, the terms and conditions of service which he chooses shall be deemed to be more benefitial to him than any other slary or terms and conditions of service which he could opted for.

(5) The provisions of this Article shall apply to the Judge of Supreme Court, Justice of the Court of Appleal, Judge of the High Court of the United Republic, Chairman, Vice-Chairman and Commissioners of Commission for Human Rights and Good Governence, Chairman, Vice-Chairman and Members of the Independent Electoral Commision, Controller and Auditor General of the United Republic, and other employees specified in the laws of the country.

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The Public Debt

(b) Public Debt and Loans of the Government of the United Republic

259.-(1) The public debt shall be secured on the Consolidated Fund of the Government of the United Republic.(2) For the purpose of the interpratation of this Article, the public debt

shall include the debt of the Government of the United Republic and any other debt to be secured by the Government of the United Republic.

Authority of the Government of the United Republic to borrow

260.-(1) The Government of the United Republic shall have the authority to borrow money inside and outside the United Republic for the purpose of meeting the coast of the functions under its jurisdiction.

(2) Parliament may enact a law which:(a) shall provide for the provisions to be observed by the Government

during borrowing; (b) shall set a limit of the National debt and the purpose of that debt; and (c) shall set out procedure for the Government to submit reports on

borrowing and the public debt before the National Assembly.(3) Subject to the provision of Sub-artice (2)(b), the report to be submitted

before the National Assembly shall explain among other things:(a) the size of the existing loan and its intererst; (b) the expenditure made or to be made by the relevant borrowed funds; (c) procedure set out for paying back the relevant debt; and (d) step reached in paying back the relevant debt.

Authority of the Revolutionary Government of Zanzibar to borrow

261.-(1) The Revolutionary Government of Zanzibar shall have the

authority to borrow money inside and outside the United Republic for the purpose

of meeting the cost of the functions under its jurisdiction.(2) Where a loan requires a surety, the Government of the United

Republic after consultation and agreement with the Revolutionary Government of Zanzibar, shall provide surety for the loan requested.

(3) Without prejudice to the provisions of Article 76, Parliament shall enact a law that shall provide for provisions to institute procedures for the Giovernment of the United Republic to provide suerity for loans to the Reviolutionary Government of Zanzibar.

Authority to levy tax

Public procurement

262.-(1) The authority to levy tax on all Union matters and for non-union

matters concerning Tanzania Mainland shall be under the Government of the

United Republic.(2) The authority to levy tax for all non-union matters concerning

Zanzibar shall be under the Revolutionary Government of Zanzibar. (3) No tax of any type shall be imposed in the United Republic except in

asccordance with the law. 263.-(1) In public procurement, the Government and public institutions

shall be required to follow a procedure that takes into account justice, transparency, public interest, accountability, competition and value for money.

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Central Bank of the United Republic

National security

(2) Parliament shall enact a law providing for provisions on supervision and control of government procurement and its institutions which shall observe the following principles:

(a) to procure products that are locally roduced and services that are locally available;

(b) groups that shall be given priority while issuing contracts; (c) to provide special opportunity to people or groups effected by unfair

competition; (d) penalty for contractor who performed below standard and violating

professional procedures, relevant contract or law; and (e) penalty for a person who has evaded tax or convicted for offences

related to corruption or gross violation of law and work procedure. 264.-(1) There shall be a Central Bank of the United Republic which shall be known as the “Central Bank of Tanzania”. (2) The Central Bank of Tanzania shall have the following

responsibilities: (a) to issue currencies; (b) to control and supervise the circulation of currencies; (c) to prepare and oversee policies and programmes in connection with currencies; (d) to control and oversee issues related to foreign currenciesi; (e) to oversee commercial banks and all financial institutions in the

United Republic; and (f) to maintain the account of the Government Funds. (3) In discharging its responsibilities the Central Bank of Tanzania shall

be independent and shall not be interfered with either by being given directives or controlled by any person or authority.

(4) Parliament shall enact a law providing for provisions on structure, authority, functions and operations of the Central Bank of Tanzania.

CHAPTER SEVENTEENDEFENCE AND SECURITY OF THE UNITED REPUBLIC

(a) Defence and National Security265.-(1) The responsibility for defence and security of the United Republic is upon every citizen.(2) The security of the United Republic concerns the protection of all the

boundaries of the territory of the United Republic as stipulated in Article 2 including land, air space, rivers, lakes, islands and deep sea, its people, their property, justice, freedom and other national benefits against internal and externa threats.

(3) Defence and security of the United Republic shall be strengthened in accordance with the following rules:

(a) defence and National security is guided by the authority of this Constitution; and

(b) defence and National security shall be discharged by observing national and iternational laws, and adhering to the rule of law and human rights.

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Defence and National security organs

National Security Council

Responsibiities of the National Security Council

266.-(1) The defence and National security organs shall be:(a) Tanzania People’s Defence Force; (b) Piolice Forceof the United Republic; and (c) Tanzania Intelligence and Security Services. (2) The duty of the defence and National security organs and the security

structure is to guard the borders of the United Republic, country’s resources, interests of the citizens and other people, their property, justice and freedom, authority of the country, peace and national unity.

(3) In the discharge of their responsibilities, the defence and national security organs and every employee of those organs shall not be allowed:

(a) to practice favouratism in any way; (b) to join any political party or to promote the interests of any political

party or its policies; (c) to sabotage the political interests or a political programme which is

legal in accordance with this Constitution; (d) to threaten, to be unjust or to be cruel to the citizens and other people;

and (e) to obey any illegal command. (9) No person shall be allowed to form an institution, company,

association or corporation connected with defence and National security or military organization, except as approved by this Constitution or law.

(10) Defence and National security organs shall be under the jurisdiction of the Commander-in-Chief.

(11) Parliament shall enact a law providing for provisions for the discharging of responsibilities, procedure and management of cefence and National security organs.

267.-(1) There shall be the National Security Council that shall consist of the following members:

(a) The President who shall be the Chairman; (b) The First Vice-President; (c) The President of Zanzibar and Second Vice-President; (d) The Prime Minister and Third Vice-President. (2) The Chairman could invite any person to participate at the sitting of

the National Security Council. (3) There shall be the Secretariat of the National Security Council that

shall be headed by the Chief Seceretary. (4) The National Security Council shall formulate procedures for the

conduct of its sittings. (5) Parliament shall enact a law providing for provisions for the discharge

of responsibilities of the National Security Council. 268. The National Security Council shall have the folloeing responsibilities:(a) To amalgamate the domestic, foreign and military policies concerning

national securuty so as to enable defence and national securty organs to cooperate full.

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Formation of the Tanzania People’s Dafance Force

(b) to receive and evaluate reports from defence and national security organs and government institutions concerning the security of the country;

(c) to perform any other duties as the President may instruct.

(b) Tanzania People’s Defence Force

269.-(1) There shall be the Tanzania People’s Defence Force which shall have the responsibility of safaguarding the freedom and the boundaries of the United Republic and to oversee the defence and security of the paeople.

(2) The President may form other brigades of the Tanzania People’s Defence Force as it deems fit.

Appointment of the Head of Defence Forces

270.-(1) There shall be the Head of the Defence Forces who shall be a citizen of the United Republic by birth and shall be appointed by the President.

(2) The Head of the Defence Forces shall dischrge his responsibilities in accordance with the laws of the country.

Powers of the Commander – in- Chief

The Police Force of the United Republic

271.-(1) Without prejudice to the provisions established by the law, the President as the Commader-in-Chief shall have the power to order the national defence forces:

(a) to do things concerned with a war in defence of the United Republic; (b) to save the lives and property of the people during the state of

emergency; (c) to provide assistance to the community during emergency and

calamity; and (d) to do other things which the Commander-in-Chief may feel necessary,

and for that purpose the Commander-in-Chief may order those forcesto do those things either inside or outside the United Republic.

(2) In the discharge of the provisions of this Article and in accordance with the law, the powers on the following matters shall be veste in the hands of the Commander-in-Chief:

(a) to appoint leaders in the defence forces of the United Republic; (b) to commission officers in the defence forces; (c) to appoint members of the armed forces who shall lead different

forces of the defence forces; (d) to order any member of the armed forces not to use any power vested

on him which is associated with his being a member of the armed force; and

(e) to protect the freedom and the boundaries of the United Republic. (3) For the purpose of this Article, any thing done by a member of the

armed force contrary to the order of the Commander-in-Chief shall be nul and void.

(c) The Police Force

272. There shall be the Police Force of the United Republic which shall have the responsibility of providing security to the people

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Appointmentof the Head of the Police Force

and their property under the provisions of this Constitution.273.-(1) There shall be the Head of the Police Force of the United

Republic who shall be a citizen of the United Republic by birth and shall be appointed by the President.

(2) The Head of the Police Force shall discharge his responsibilities in accordance with the laws of the country.

Establishment of other defence services

Establishment the Departmenr of the National Security

274. Without prejudice to the provisions of Article 266, Parliament may enact

a law for the purpose of providing a provision that shall allow the formation,

control and supervision of other institutions for providing security services.

(d) Department of the National Security of the United Republic

275.-(1) There shall be the Department ofNational Security of the United Republic to be called “Department of National Security”.(2) The department of National Security shall be concerned with the work

of strengthening the security of the United Republic and to safeguard the interests of the Nation and its people and shall discharge other responsibilities as may be prescribed by the law.

Appointment of the Director General of the Department of National Security

Procedure for resigning from the Public Service

276.-(1) There shall be a Director General of the Department of the

National Security who shall be a citizen of the United Republic by birth and shall

be appointed by the President.(2) The Director General of the Department of National Security shall

discharge his responsibilities in accordance with the laws of the country.

CHAPTER EIGHTEENMISCELLNEOUS

277.-(1) Any person holding any office established by this Constitution may resign by giving notice in writing and signed by him, in accordance with the following conditions:

(a) if such person was appointed or nominated by one person, then such notice of resignation shall be submitted to the person who appointed or nominated him, or where he was appointed or nominated by a body of persons, then such notice of resignation shall be submitted to that body of persons;

(b) if that person is the holder of the office of the President, then the notice of resignation shall be submitted to the Speaker;

(c) if that person is the holder of the office of the First Vice-President, then the notice of resignation shall be submitted to the President;

(d) if that person is the holder of the office of the Prime Minister then the notice of resignation shall be submitted to the President with a copy to the Speaker; and

(e) if that person is a Speaker or Deputy Speaker of the National Assembly, then the notice of resignation shall be submitted to the Clerk of the National Assembly.

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Provisions concerning succession to office

interpretation

(2) A person who has given notice of resignation pursuant to the provisions of Sub-article (1), shall be deemed to have resigned from the day the notice of resignation is received by the person or body of persons concerned or when received by any person authorized by a person or body of persons concerned to receive the notice of resignation:

But where the notice of resignation states that that person will resign some later day after the receipt of that notice by the person or body of person concerned, then that person shall be deemed to have resigned from such later day.

(3) Where any person holding any office established by this Constitution resigns, then if he has all the necessary qualifications and in every respect eligble, he may be reappointed or nominated to hold such office in accordance with the provisions of this Constitution.

278.-(1) For the purpose of interpreting provisions of this Constitution in relation to the procedure of handig over office in the service of the Gevernment of the United Republic , any person having power, pursuant to this Constitution, to appoint another person to hold a certain office, that person shall have the power to appoint a person to act in or to temporarily perform the functions of that office.

(2) The following rules shall also apply for the purpose of interpreting the provisions of this Constitution concerning the procedure of succession of office in the service of the Government of the United Republic:

(a) where a person is holding office that he has succeeded pursuant to the provisions of this Constitution and that person is on leave and at the same time pending vacation of office, then another person may be appointed to that office not withstanding that the person pending vacation of office is is still in service;

(b) where two or more persons concurrently hold a certain office pursuant to their appointment in accordance with the rules laid down in paragraph (a), then in those circumstances if the need arise to perform any duty connected with that office the person last appointed shall be deemed to be the only person holding such office; and

(c) where a person is appointed, pursuant to the provisions of this Constitution, to act in or to perform the funtions of a certain office when a substative holder of that office fails to perform the duties connected with that office, then he shall not be parmited to inquire into or to make any represantation against such appointment on the grounds that the substantive holder failed to perform the duties connected with that office.

279.-(1) In this Constitution unless the context require otherwise:

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“military law” means a law or command issued pursuant to a law regulating discipline in a Force;

“House of Represantatives” means the Zanzibar House of represantatives mentioned by this Constitution;

“Parliament” means the Parliament of the United Republic mentioned in accordance with Article 129;

“political party” means a political party which has been registered in accordance with the law concerning political parties;

“Department of National Security” means a Department of National Security established in accordance with Article 275;

“Senior Judge” means a Judge of the High Court appointed in accordance with Article 194;

“Chief Justice” means the Chief Justice of the Court of the United Republic appointed in accordance with Article 175 and is the Head of the Court of the United Republic;

“Chief Justice of Zanzibar” means the Chief Justice of the High Court of Zanzibar who in accordance with the Zanzibar Constitution of 1984 is the head of the Court of Zanzibar;“United Republic” means the United Republic of Tanzania; “force” means any force among defence forces and includes any other force formed by this constitution or in accordance with the law and governed by military law;“Plice Force” means the Police Force established in accordance with Article 272;“Oath” means an official declaration of any type allowed to be used legaly;“oath of allegiance” means an oath of being faithful to the country and to the

Government of the United Republic; “Court” means the High Court and the Court of Appeal, High Court of the United Republic or High Court of Zanzibar , in whatever the case;“Vice-President” means any person appointed to the office of the Vice-President

in accordance with this Constitution;“Union Matters” means all matters mentioned in Schedule One of this Constitution as being Union Matters;“State authority” means the state authority mentioned in Article 74;“Director of Public Prosecution” means a person who has been appointed to hold

the office of Director of Public Prosecution in accordance with Article 120;

“public servant” means a person who has been employed in the service of the Government of the United Republic as may be specified by an act to be enacted by Parliament;

“Attorney General” means any person appointed to the office of the Attorney General of the Government of the United Republic in acoordance with Article 118;

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“office” means position, post, status, position of leadership of executive authority in the public service;

“Deputy Chief Justice” means a person who has been appointed to hold the office of Deputy Chief Justice in accordance with Article 176;

“Deputy Attorne General” means any person appointed to hold the office of Deputy Attorney Genetral in accordance with Article 119;

“Government” means including the Government of the United Republic, the Revolutionary Government of Zanzibar or District Council or Town Council and also any person discharging power or authority on behalf of the Government;

“Local Governments” means Local Government Authorities formed in accordance with Article 124;

“Tanzania Mainland” means the territory of the United Republic which before the Union of 1964 was the territory of the Republic of Tanganyika;

“Tanzania Zanzibar” means the territory of the United Republic which before the Union of 1964, was the territory of the People’s Republic of Zanzibar;

“General Election” means an election of the President and an election of Members of Parliament representing electoral constituencies to be held in accordance with this Constitution;

“Minister” means any person appointed to hold the office of a Minister and the office of “Deputy Minister” shall be interparated in the context; “Prime Minister” means any person appointed to hold the office of the Prime Minister in accordance with this Constitution; “Zanzibar” means the same as the meaning of Tanzania Zanzibar.

(2) The following rules shall be applied for the purpose of construing the provision of this Constitution:

(a) whenever a reference is made to the functions of the office of the President, it shall be construed to include powers to perform various duties and functions as Head of State, Head of the Government and Commander-in-Chief and also such other functions or duties if so provided in this constitution or in any other law that such other powers are of the President or such other duties are of the President;

(b) whenever reference is made to an office in the service of the Government it shall be construed that the office concerned is within the service of the Government of the United Republic unless it is stated otherwise;

(c) if pursuant to the provisions of this Constitution there is any matter required to be performed or to be dealt with by any political party, then that matter shall be performed or dealt with by that party in accordance with the procedure laid down by that party for that

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Title and commencement

purpose and also in conformity with the provisions of this Constitution or any law of the country enacted for that purpose;

(f) a person shall not be deemed to hold office in the service of the Government of the United Republic by reason only that he is receiving pension or other payment of that kind in respect of his past service in the Government of the United Republic, the Revolutionary Government of Zanzibar, Tanzania People’s Defence Force, Police Force of the United Republic and the Department of the National Security:

Unless the context require otherwise, whenever a reference is made to the holder of a certain office by reference to the designation of his office, such reference shall be construed to include any person who is acting in , or who has been duly appointed to perform the function of that office;(e) wherever there is reference to the power to remove the holder of an

office in the serivice of the Government of the United Republic, it shall be construed that the power concerned includes conferred in accordance with provisions of any law which requires or permits that person to retire:

Except that the provision of this rule shall not apply to a Judge of the High Court, Justice of Appeal, Judge of the High Court of the United Republic or Controller and Auditor General of the United Republic; and(f) wherever there is a reference to a law which replaces or repeals

another law, it shall be construed that the law concerned includes a law, which amends that other law or which extends the application of that other law, whether without or after modification or amendment; or a law which introduces new provisions in another law.

280.-(1) This Constitution shall be cited “The Constitution of the United Republic of Tanzania 2014”.

(2) This Constitution shall be operational on the date it is enaugurated by the President of the United Republic of Tanzania.

(3) This Constitution shall apply in Tanzania Mainland and Zanzibar.

Repeal of the Constitution of the United Republic of Tanzania 1977 Chapter 2

281. The Constitution of the United Republic of Tanzania 1977 is hereby

repealed, except on issues arising from the transitional provisions, shall not have

legal powers soon ofter this Constition comes into force.

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CHAPTER NINETEENPROVISIONS ARISING FROM TRANSITIONAL PROVISIONS

Application of some of the provisions of Constitution Chapter 2

PART ONEPROVISIONS ARISING

282.-(1) Provisions arising from Transitional Provisions stipulated in this Chapter of the Constitution shall come into force on the date that the Constitution of the United Republic of Tanzania 2014 comes into force.

(2) For the purpose of clearity, the Constitution of the United Republic of Tanzania 1977 shall have been repealed and, except for issues stipulated in Part Two of this Chapter, shall have no legal powers from the date the Constitution of the United Republic of Tanzania 2014 comes into force.

CHAPTER TWOCONSTITUTIONAL PROVISIONS AND LAWS OF THE COUNTRY

Continuation of the use of provisions of the Constitution

283.-(1) Provision Arising from Transitional Provisions in this Chapter of the Constitution and those contained in the Changes of the “Special Law” which are still in force in the Constitution stipulated in this Article, shall continue to be in force.(2) For the pupose of this Article, “Special Laws” means:(a) the Republic of Tanganyika (Consequential, Transitional and

Temporary Provisions) Act, 1962; (b) the Interim Constitution (Consequential, Transition and Temporary

Provisions) Act, 1965; (c) the Constitution (Consequential, Transitional and Temporary

Provisions) Act, 1977; (d) the Constitution (Consequential, Transitional and Temporary

Provisions) Act, 1984; na (e) the Constitution (Consequential, Transitional and Temporary

Provisions) Act, 1992.

Continuation of the use of the laws of the country

284.-(1) Provisions of the laws stipulated in Sub-article (2) which have been in use before the Constitution of the United Republic of Tanzania 2014 comes into force, shall continue to be in use in a way that is directed in this Article.

(2) Laws of the country which were:(a) enacted by the Parliament of the United Republic before the

Constitution of the United Republic of Tanzania 2014 comes into force shall continue to be in use for the purpose of the issues specified in those laws; and

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President to continue to remain in office

(b) enacted by the Parliament of the United Republic which apply in Tanzania Mainland shall continue to be in use in Tanzania Mainland for the purpose of the issues specified in those laws.

(3) For the purpose of the provisions of Sub-article (2), during and after the Period of Transition:

(a) all laws enacted by the Parliament of the United Republic which apply in Tanzania Mainland and Zanzibar and taking into account the amendments that may be required, shall be laws of the country which shall apply in the United Republic for Union Matters;

(b) taking into account the division of Union Matters and Non-Union Matters specified in the Constitution of the United Republic 2014 all laws enacted by the Parliament of the United Republic which apply in Tanzania Mainland and Zanzibar, considering the amendment that may be required, shall apply in Tanzania Mainland or Zanzibar for Non-Union Matters until such time when Tanzania Mainland or Zanzibar enacts a law in relation to those matters; and

(c) all laws enacted by the Parliament of the United Republic which apply in Tanzania Mainland and considering the amendmets that might be required, shall be laws that apply in Tanzania Mainland.

PART THREEPUBLIC SERVICE

Government of the United Republic

285. A person who has been holding the office of the President of the United Republic before this Contitution came into force, shall continue to hold the office of the President under the provisions of this Constitution until another person is elected in his place during the General Presidential Election in accordance with this Constitution.

Vice-President to continue to remain in office

286. A person who has been holding the office of the Vice-President of the United Republic before this Constitution came into force, shall continue to hold the office of the Vice-President under the provisions of this Constitution until the Vice-President of the United Rrepublic is eclected in his place during the General Election.

Prime Minister, Ministers and Deputy Ministers to remain in office

287.-(1) A person holding the office of the Prime Minister shall continue to hold the office of the Prime Minister until the General Election takes place and the President elect has been sworm in to assume his office.

(2) A person holding the office of a Minister or Deputy Minister shall continue to hold that office until the General Election takes place and that office shall cease twenty eight hours before the President elect of the United Republic of Tanzania is sworn in to assume the office of the President.

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Continuation of public service

Chapter 2

(3) Provisions of Sub-article (1) and (2), shall not be construed as removing or minimising the powers of the President in accordance with the Constitution of the United Republic of Tanzania of 1977 or the laws of the country to omit the power to remove from office or remove from employment a person holding an office or acting in the office of the Prime Minister, Minister or deputy Minister to resign.

288.-(1) Every person who held or assumed an actig position in the public service in the Government of the United Republic, Parliament of the United Republic and Court of the United Republic before the date the Constitution of the United Republic of Tanzania 2014 comes into force he shall continue and shall be recognized as being nominated, appointed or employed to hold office or act to hold an office of a public servant in the Government of the United Republic, Parliament of the United Republic or Court of the United Republic and the provision of the Constitution of the United Repulic 2014 or the laws of the country in relation nomination, appointment, employment and taking an oath have been observed and implemented.

(2) Every person, who according to the Constitution of the United Republic of Tanzania 1977 or the laws of the country, shall be required to vacate an office after the expiration of a specific period or at attaining the age of retirement, shall cease to hold an office in the public service after the expiration of that specific period or attaining the age of retirement.

(3) Provisions of Sub-article (1) and (2), shall not be construed as removing or minimizing the powers that some one is holding or bestowed to an authority in accordance with the Constitution of the United Republic of Tanzania 1977 or the laws of the country to abolish a position in an office and remove from office or remove from employment a person holding an office or acting in the office or to urgue a public servant to resign.

(4) For the purpose of payment for gratuity or other old age benefits, the period of service for a puplic servant connected with the provisions of this Article, shall be counted as being together with the period of service he had served before the Constitution of the United Republic of Tanzania 2014 came ito force.

(5) Only if it is otherwise directed, conditions of service for a public servant to whom the provisions of this Article apply shall not be of less benefit compared to his conditions of service before the Constitution of the United Republic of Tanzania 2014 or the laws of the country that shall be enacted for that purpose came into force.

To continue to be a Member of Parliament and leadership of the Parliament

PART FOURPARLIAMENT OF THE UNITED REPUBLIC

289.-(1) Taking into account te provisions of Sub-article (2), and the laws of the country in relation to the election of Members of Parliament of the Parliament of the United Republic and the election of the Speaker, Deputy Speaker, Leader of the Parliamentary Committees and Members of Parliament,

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Chapter 2 and 343

Dissolution of Parliament

Chapter 2

Chapter 2

Continuation of the Court of Appeal and the High Court Chapter 2

Contiuation of proceedings already in court

Chapter 2

they will continue to hold those positions until the last date of the life of the Parliament in accordance with this Constitution.

(2) Provisions of Sub-article (1) shall not be construed as preventing the removal of a Speaker, Deputy Speaker, Leaders of the Parliemantary Committees or a Member of Parliament, in accordance with the Constitution of the United Republic 1977, the National Electoral Law and the Standing Orders of the Parliament.

290.-(1) Where, in accordance with the Constitution of the United Republic of Tanzania 1977 or the laws of the country, there is any thing that needs to be done or could be done, that thing could be done following the dissolution of the Parliament of the United Republic of Tanzania.

(2) If an urgency of convening the Parliament arises before the announcement of the results of the General Election that is to be held after the dissolution of the Parliament of the United Republic:

(a) for the purpose of covening the Parliament, Speaker, Deputy Speaker and Members of Parliament elected in accordance with the Constitution of the United Republic 1977, the laws of the country and the Standing Orders of the Parliament could be called and they shall be the Speaker, Deputy Speaker and Members of Parliament of the Parliament of the United Republic that shall be convened; and

(b) for the pupose of a nomination for an office while the Parliament has been dissolved, such nomination could be done of a person who was a Member of Parliament in accordance with the Constitution of the United Republic 1977 and the relevant laws of the country.

PART FIVECOURT OF THE UNITED REPUBLIC

291.-(1) The Court of Appeal of the United Republic and the High Court shall continue and shall have the authority to hear proceedings to determin or give orders in accordance with the Constitution of the United Republic of Tanzania 1977 and the laws of the country.

(2) For the purpose of Sub-article (1), Justices of the Court of Appeal and Judges of the High Court shall have the authority to hear proceedings, to determin or give orders on proceedings instituted or to be instituted at the Court of Appeal or the High Court.

292.-(1) Any proceeding that has not been finalized or has been finalized at the Court of Appeal or the High Court shall continue to be heard until it is finalized; and the Judgement, certificate reinforcing the judgement and the order issued or to be issued in that proceeding could be pronounced and implemented by the the Court of Appeal or the High Court

(2) For the purpose of Sub-article (1), every judgement, certificate of reenforcing the judgement and the order issued by the Court of Appeal or the High Court that has not been fully complied with before the the Constitution of the United Republic of Tanzania 1977 is repealed, could be fully complied with after the Constitution of the United Republic of Tanzania 2014 comes into force

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Period of transition

Implemantation of the provisions of the New Constitution

Committee for implementing the Constitution

Repeal of Provisions arising from the Transitional Provisions

(3) Any decision of the Court of Appeal made in connection with any proceeding instituted before the establishment of the High Court in accordance with the provisions of the Constitution of the United Republic 2014 shall not be challenged by an appeal at the High Court.

PART SIXTRANSITIONAL PROVISIONS

293.-(1) The period of transition shall be all the period from the day the Constitution of the United Republic Tanzania 2014 comes into force until after four years after this Constitution comes into force.

(2) The Parliament may, following a resolution to be supported by two third of all the Members of parliament, extend the period of transition mentioned in Sub-article (1) for a period of not more than two years so as to finalize transitional matters that have not been done or completed.

294. The following matters shall be done and completed during the period of transition:(a) to ammend the 1984 Zanzibar Constitution so as to be inconformity

with the provisions of the Constitution of the United Republic of Tanzania 2014;

(b) to enact and ammend different laws of the United Republic of Tanzania, laws that are not union laws and cocerning Tanzania Mainland and the laws of Zanzibar so as to be inconformity with the provisions of the Constitution of the United Republic of Tanzania 2014;

(c) formation of the Supreme Court; (d) formation of Commissions and other constitutional Institutions

stipulated in the Constitution of the United Republic of Tanzania 2014 and in accordance with the provisions of this Constitution;

(e) to nominate for offices in accordance with the procedures stipulated in the Constitution of the United Republic of Tanzania 2014; and

(f) to prepare and do all important matters for better implementation of constitutional provisions contained in the Constitution of the United Republic of Tanzania 2014.

295.-(1) For the purpose of the implementation of the provisions of this Chapter, the President through a Certificate of Nomination shall nominate a Committee for Implementing the Constitution during the period of transition.

(2) The responsibilities of the Committee for Implementing the Constitution shall be as specified in the Certificate of Nomination.

296. After the expiration of the Period of Transition, the provisions of Chapter Nineteen shall cease and shall have no legal powers.

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_____________ SCHEDULE ONE

______________

(Referred to in Article 74(3))

Union Matters

1. Constitution and the authority of the United Republic of Tanzania. 2. Foreign Affairs. 3. Defence and Security of the United Republic of Tanzania. 4. Police. 5. Authority in matters related to the state of emergency. 6. Citizenship and migration. 7. Service in the Government of the United Republic. 8. Income tax paid by individuals and Corporations, excise duty and duty charged for

product manufactured in Tanzania and supervised by the Customs Department. 9. Communication. 10. Currency and Central Bank. 11. Higher Education. 12. National Examination Council. 13. Security and air transport. 14. Weather forecast. 15. Supreme Court and Court of Appeal. 16. Registration of Political Parties.

______________SCHEDULE TWO

_____________

(Referred to in Article 134(1)(b))

(Laws whose change require the support of two third of all Members of Parliament from Tanzania Mainland and two third of all the Members of Parliament from Zanzibar)

1. A Bill to change the provisions of the Constitution of the United Republic in relation to Union Matters.

2. To add or remove any Union matter.

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___________SCHEDULE THREE

_____________

(Referred to in Artice134(1)(c))

(Matters whose change require the support of more than half of the valid votes cast by the people of Tanzania Mainland, and more than half of the valid votes cast by the

people of Tanzania Zanzibar during the referendum)

1. Structure of the United Republic of Tanzania. 2. The existence of the United Republic. 3. To change the provisions of Article 134(1)(c) of this Constitution.

Dodoma, ANDREW J. CHENGE……October, 2014 Chairman of the Drafting Committee

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