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2
This Edition of the Constitution of the United Republic of Tanzania, 1997,
incorporates and consolidates all amendments made in the Constitution since its
enactment by the Constituent Assembly in 1977 up to the 30th June, 1995.

Dar es salaam. A.J. Chenge
30
th April, 1998 Attorney – General

The Constitution of The United Republic of Tanzania 3

ARRANGEMENT OF CONTENTS

Article Title Page

PREAMBLE
CHAPTER ONE

THE UNITED REPUBLIC, POLITICAL
PARTIES, THE PEOPLE AND
THE POLICY OF
SOCIALISM AND SELF RELIANCE

PART I
THE UNITED REPUBLIC
AND THE PEOPLE

1. Proclamation of the United Republic 14
2. The territory of the United Republic 14
3. Declaration of Multi-Party State 14
4. Exercise of state authority of the United Republic 14
5. The Franchise 15

PART 1
FUNDAMENTAL OBJECTIVES AND
DIRECTIVE PRINCIPLES OF STATE
POLICY
6. Interpretation 16
7. Application of the provisions of Part II 17
8. The Government and the People 17
9. The pursuit of Ujamaa and Self-Reliance 18
10. Repealed 18
11. Right to work, to educational and other pursuits 19

PART III
BASIC RIGHTS AND DUTIES

The Right to Equality
12. Equality of human beings 20
13. Equality before the law 20

4
The Right to life

14. The right to life 21
15. Right to personal freedom 22
16. Right to privacy and personal security 22
17. Right to freedom of movement 23

The Right to Freedom of Conscience
18. The freedom of expression 23
19. Right to freedom of religion 23
20. Person’s freedom of association 24
21. Freedom to participate in public affairs 25

The Right to Work
22. Right to work 25
23. Right to just remuneration 25
24. Right to own property 25

Duties to the Society
25. Duty to participate in work 26
26. Duty to abide by the laws of the land 27
27. Duty to safeguard public property
27
28. Defence of the Nation 27

General Provisions
29. Fundamental rights and duties 28
30. Limitations upon and enforcement
and preservation of basic rights, freedoms
and duties 28

Extraordinary Powers of the
State Authority
31. Derogation from rights and freedoms 30
32. Power to proclaim state of emergency 31

CHAPTER TWO
TILE EXECUTIVE OF THE
UNITED REPUBLIC

PART I
THE PRESIDENT
33. President of the United Republic 34
34. The Government of the United Republic and its Authority 34
35. Discharge of business of the government 35
36. Authority to constitute offices and to appoint officers 35
Contents

The Constitution of The United Republic of Tanzania 5
37. Discharge of duties and functions of President 35
38. Election of President 40
39. Qualifications for election of President 41
40. Eligibility for re-election 41
41. Procedures for the election of President 42
42. Time of assumption and term of office of
President 43
43. Terms of office of President 44
44. Power to declare war 44
45. Prerogative of mercy 44
46. Immunity from criminal and civil proceedings 45
46A. Impeachment by the National Assembly 46
46B. Duty of principal leaders of organs with
Executive powers to preserve the Union 49

PART II
THE VICE-PRESIDENT
47. Vice-President, his duties and powers 50
48. Time of assumption of office of Vice President 51
49. Oath of office of the Vice-President 52
50. Tenure of office of Vice-President 52

PART III
PRIME MINISTER, CABINETAND
THE GOVERNMENT

PRIME MINISTER
51. Prime Minister of the United Republic 54
52. Functions and authority of the Prime Minister 55
53. Accountability of the Executive 55
53A. Vote of no confidence 55

6

The Cabinet and the Government
54 The Cabinet 57
55. Appointment of Ministers and Deputy Ministers 57
56. Oath of office of Ministers and Deputy Ministers 58
57. Tenure of office of Ministers and Deputy Ministers 58
58. Terms of office of Ministers and Deputy Ministers 59
69. Attorney General for the Government of the United
Republic 59
60 Secretary to the Cabinet 60
61. Regional Commissioners 60

CHAPTER THREE
THE LEGISLATURE OF THE UNITED REPUBLIC

PART I
PARLIAMENT
62. Parliament 61
63. Authority of Parliament 62
64. Legislative power 63
65. Life of Parliament 64

PART II
MEMBERS, CONSTITUENCIES
AND ELECTION OF MEMBERS

Members of the National Assembly

66. Members of Parliament 64
67. Qualifications for Member of Parliament 65
68. Oath of Members of Parliament 69
79. Formal declaration by Members of Parliament
concerning ethics of leaders 69
70. Members to submit statement, of property 70
71. Tenure of office of Member of Parliament 70
72. Cessation of employment of civil servants on
contesting for elections 72
73. Terms of service of Members of Parliament 72
74. Electoral Commission 72
75. Constituencies 76

Contents

The Constitution of The United Republic of Tanzania 7
Election and Appointment of Members
of Parliament

76. Elections in constituencies 77
77. Procedure for election of Members of Parliament
representing constituencies 78
78. Procedure for election of women Members of Parliament 78
89. Procedure for election of Members of Parliament by
House of Representatives 78
80. Repealed.
81. Procedure for proposing women candidates 78
82. Repealed 79
83. Determination of the validity of a person’s membership
of the Parliament 79

PART III
PROCEDURE, POWERS AND PRIVILEGES
OF PARLIAMENT

Speaker and Deputy Speaker

84. Speaker and his functions 80
85. Deputy Speaker 82
86. Procedure for electing Speaker and Deputy
Speaker 83
Office of Parliament

87. Clerk of the National Assembly 84
88. The Secretariat of the National Assembly 84

Procedure in the National Assembly

89. Standing Orders of the National Assembly 84
90. Summoning and dissolution of Parliament 85
91. President may address Parliament 86
92. Meetings of the National Assembly 87
93. Presiding at sittings of the National Assembly 87
94. Quorum at sittings of the National Assembly 87
95. Vacant seats in the National Assembly 88
96. Standing Committees of the National Assembly 88

8
Legislative Procedure

97. How to legislate 88
98. Procedure for altering the Constitution and certain laws. 89
99. Procedure for legislation in financial matters 90

Powers and Privileges of Parliament
100. Freedom and immunity from proceedings 91
101. Preservation and enforcement of freedom of debate
and procedure 92

CHAPTER FOUR
THE REVOLUTIONARY GOVERNMENT OF
ZANZIBAR,THE ZANZIBAR REVOLUTIONARY
COUNCIL AND THE HOUSE OF
REPRESENTATIVES OF ZANZIBAR

PART I
THE REVOLUTIONARY GOVERNMENT OF
ZANZIBAR AND THE PRESIDENT OF ZANZIBAR

102. The Revolutionary Government of Zanzibar and its
jurisdiction 92
103. Head of the Revolutionary Government of Zanzibar
and his authority 93
104. Election of the Head of the Revolutionary Government
of Zanzibar 93

PART II
THE ZANZIBAR
REVOLUTIONARY COUNCIL

105. The Zanzibar Revolutionary Council and its
functions 94

PART III
THE HOUSE OF REPRESENTATIVES OF
ZANZIBAR

106. The House of Representatives of Zanzibar and its
legislative functions 95
107. Authority of House of Representatives 96
Contents

The Constitution of The United Republic of Tanzania 9
CHAPTER FIVE
THE HIGH COURT OF THE UNITED REPUBLIC,
THE JUDICIAL SERVICE COMMISSION FOR
MAINLAND TANZANIA, THE HIGH COURT OF
ZANZIBAR, THE COURT OF APPEAL OF THE
UNITED REPUBLIC AND THE SPECIAL
CONSTITUTIONAL COURT OF THE UNITED
REPUBLIC

PART I
THE HIGH COURT OF THE UNITED REPUBLIC

108. High Court of the United Republic and its jurisdiction 97
109. Judges of the High Court and their appointment 98
110. Tenure of office of Judges of the High Court 101
111. Judges’ oath of office 103

PART II
APPOINTMENT OF MAGISTRATES AND OTHER JUDICIAL OFFICERS IN
MAINLANDTANZANLA AND THE JUDICIAL SERVICE COMMISSION

112. Judicial Service Commission 103
113. Power to appoint Magistrates and other judicial officers 104
113A. Membership of judicial officers in political parties 104

PART III
THE HIGH COURT OF ZANZIBAR

114 The High Court of Zanzibar 105
115. Jurisdiction of the High Court of Zanzibar 105

PART IV
THE COURT OF APPEAL OF THE UNITED
REPUBLIC

116. Interpretation 105
117. Court of Appeal of the United Republic and its
jurisdiction 106
118. Justices of Appeal and their appointment 107
119. Jurisdiction of Justices of Appeal 109
120. Tenure of office of Justices of Appeal 109

10

121. Oath of office of Justices of Appeal 110
122. Quorum at sittings of the Court of Appeal 111
123. Jurisdiction of a single Justice of Appeal 111

PART V
PROCESS OF THE COURTS

124. Execution of court process in the whole of Tanzania. 111

PART VI
THE SPECIAL CONSTITUTIONAL COURT OF THE
UNITED REPUBLIC

125. Special Constitutional Court of the United Republic 113
126. Jurisdiction of the Special constitutional Court. 113
127. Composition of the Special Constitutional Court. 113
128. Procedure at sittings of the Special Constitutional Court 114

CHAPTER SIX
THE PERMANENT COMMISSION OF
ENQUIRY AND THE ETHICS SECRETARIAT

PART I
THE PERMANENT COMMISSION OF ENQUIRY

129. Permanent Commission of Enquiry 115
130. Members of the Commission 117
131. Jurisdiction and procedure the Commission 117

PART II
PUBLIC LEADERS’ ETHICS SECRETARIAT

132. Public Leaders’ Ethics Secretariat 118

CHAPTER SEVEN
PROVISIONS REGARDING THE FINANCES OF
THE UNITED REPUBLIC

PART I
CONTRIBUTION AND ALLOCATION OF THE
REVENUE OF THE UNITED REPUBLIC

Contents

The Constitution of The United Republic of Tanzania 11

133. Joint Finance Account 120
134. Joint Finance Commission 120

PART II
THE CONSOLIDATED FUND AND THE
FINANCES OF THE UNITED REPUBLIC

135. Consolidated Fund of the Government of the United
Republic 121
136. Conditions for withdrawal of moneys from
Consolidated Fund 121
137. Procedure for authorizing expenditure out of
Consolidated Fund 122
138. Conditions of taxation.
139. Procedure for authorization of expenditure in advance of
appropriation 133
140. Contingencies Fund and virement 124
141. Public Debt 125
142. Renumeration of certain holders of public officers to
be a charge on Consolidated Fund 125
143. Controller and Auditor-General of the United Republic 126
144. Removal from office of Controller and Auditor-General 128

CHAPTER EIGHT
LOCAL GOVERNMENT AUTHORITIES

145. Establishment of local government authorities 130
146. Functions of local government authorities. 130

CHAPTER NINE
ARMED FORCES

147. Prohibition to raise and maintain armed forces 131
148. Powers of Commander-in-Chief 131

CHAPTER TEN
MISCELLANEOUS PROVISIONS

149. Provisions relating to resignation from various offices
established by this Constitution 132

12

150. Provisions relating to procedure of succession to office
in Government service 134
151. Interpretation 135
152. Title commencement and application of this
Constitution 140
Contents

The Constitution of The United Republic of Tanzania 13

THE CONSTITUTION OF THE UNITED
REPUBLIC OF TANZANIA, 1977

PREAMBLE
FOUNDATIONS OF THE
CONSTITUTION

WHEREAS WE, the people of the United Republic of Tanzania,
have firmly and solemnly resolved to build in our country a society
fraternity on the principles of freedom, justice, founded and concord:

AND WHEREAS those principles can only be realised in a
democratic society in which the Executive is accountable to a
Legislature composed of elected members and representative of the
people, and also a Judiciary which is independent and dispenses
justice without fear or favour, thereby ensuring that all human rights
are preserved and protected and that the duties of every person are
faithfully discharged:

NOW, THEREFORE, THIS CONSTITUTION IS ENACTED BY
THE CONSTITUENT ASSEMBLY OF THE UNITED REPUBLIC OF
TANZANIA, on behalf of the People, for the purpose of building
such a society and ensuring that Tanzania is governed by a
Government that adheres to the principles of democracy and
socialism.

Act No. 15
of 1984 s.3

14
CHAPTER ONE

THE UNITED REPUBLIC, POLITICAL
PARTIES, THE PEOPLE AND THE POLICY
OF SOCIALISM AND SELF-RELIANCE

PART I
THE UNITED REPUBLIC AND THE
PEOPLE
1. Tanzania is one State and is a sovereign United Republic.

2.- (1) The territory of the United Republic consists of the
whole of the area of Mainland Tanzania and the whole of the area
of Tanzania Zanzibar, and includes the territorial waters.

(2) For the purpose of the efficient discharge of the
functions of the Government of the United Republic or of the
Revolutionary Government of Zanzibar, the President may, in
accordance with the procedures prescribed by law or provisions of
such law as may be enacted by Parliament divide the United
Republic into regions, districts and other areas:
Provided that the President shall first consult with the
President of Zanzibar before dividing Tanzania Zanzibar into
regions, districts or other areas.

3.- (1) The United Republic is a democratic and socialist state
which adheres to multi-party democracy.
(2) All matters pertaining to the registration and
administration of political parties in the United Republic shall be
governed by the provisions of this Constitution and of a law
enacted by Parliament for that purpose.

4.-(l) All state authority in the United Republic shall be
exercised and controlled by two organs vested with executive
powers, two organs vested

Act No. 15 of
1984 s.5

Proclamation
of the United
Republic Act No. 15 of
1984 s.6

The territory
of the united
Republic Act No. 15 of
1984 s.6

Act No. 4 of
1992 s.3

Declaration o f multi party
state
Act No. 4 of
1992 s.5

Exercise of state authorit y of the United Republic Act No. 15 of
1984 s.6

Exercise of state authority

The Constitution of The United Republic of Tanzania 15

with judicial powers and two organs vested with legislative and
supervisory powers over the conduct of public affairs.
(2) The organs vested with executive powers shall be the
Government of the United Republic and the Revolutionary
Government of Tanzania Zanzibar; the organs vested with judicial
powers shall be the Judiciary of the United Republic and the Judiciary
of Tanzania Zanzibar; and the organs vested with legislative and
supervisory powers over public affairs shall be the parliament of the
United Republic and the House of Representatives of Zanzibar.
(3) For the purposes of the efficient conduct of public
affairs in the United Republic and for the allocation of powers among
the organs specified in this Article, there shall be union matters as
listed in the First Schedule and there shall also be non-union matters
which are all other matters not so listed
(4) Each organ specified in this Article shall be established
and shall discharge its functions in accordance with the other.
provisions of this Constitution.

5.-(l) Every citizen of the United Republic who attained the age
of eighteen years is entitled to vote in any public election held in
Tanzania. This right shall be exercised in accordance with the
provisions of sub-article (2), and of the other provisions of this
Constitution and the law for the time being in force in Tanzania in
relation to public elections.
(2) Parliament may enact a law imposing conditions
restricting a citizen from exercising the right to vote by reason of any
of the following grounds:
(a) being a citizen of another state;
(b) being mentally infirm;
(c) being convicted of certain specified criminal
offences;
(d) omission or failure to prove or to

The franchise
Act No. 15 o f 1984 s.6

16
produce evidence as to age, citizenship or
registration as a Voter.
Save for these grounds no other grounds shall disqualify a citizen
from exercising the right to vote.
(3) Parliament shall enact electoral law to provide for the
following:
(a) procedure for the registration of voters for the
election of President of the United Republic and of
members of the National Assembly;
(b) specification of places and times for the
registration of voters and for voting;
(c) procedure and conditions for enabling a person
registered as a voter in one place to vote in
another;
(d) Specification of the duties and functions of the
Electoral Commission and the procedure for every
public election which shall be conducted under the
direction and supervision of the Electoral
Commission.

PART II
FUNDAMENTAL OBJECTIVES AND
DIRECTIVE PRINCIPLES OF STATE POLICY

6. In this Part of this Chapter unless the context
requires otherwise, “the Government” includes the Government of
the United Republic, the Revolutionary Government of Zanzibar,
local government authorities and any person who exercises power
or authority on behalf of either Government.
InterpretationAct No. 15
Of 1984 s.6
Fundamental objectives…..

The Constitution of The United Republic of Tanzania 17

7.- (1) Notwithstanding the provisions of sub-article
(2), it shall be the duty and responsibility of the
Government, all its organs and all persons or authorities
exercising executive, legislative or judicial functions to
take cognizance of, observe and apply the provisions of
this Part of this Chapter.

(2) The provisions of this Part of this Chapter are not
enforceable by any court. No court shall be competent to
determine the question whether or not any action or omission
by any person or any court, or any law or judgment complies
with the provisions of this Part of this Chapter.

8.-(1) The United Republic of Tanzania is a state which
adheres to the principles of democracy and social justice and
accordingly –
(a) sovereignity resides in the people and it is
from the people that the Government through
this Constitution shall derive all its power and
authority;
(b) the primary objective of the Government shall
be the welfare of the people;
(c) the Government shall be accountable to the
people; and
(d) the people shall participate in the affairs of
their Government in accordance with the
provisions of this Constitution.

(2) The structure of the Government of the United
Republic and the Revolutionary Government of Zanzibar or
any of their organs, and the discharge of their functions shall be
so effected as to take into account the unity of the United
Republic and the need to promote national unity and preserve
national dignity.
Application o f
provisions of Part I I Act No. 15 o f
1984 s.6
The
Government
and the People
Act No. 15 o
f
1984 s.6

18

9. The object of this Constitution is to facilitate the building
of the United Republic as a nation of equal and free
individuals enjoying freedom, justice, fraternity and
concord, through the pursuit of the policy of Socialism and
Self Reliance which emphasises the application of socialist
principles while taking into account the conditions prevailing in
the United Republic. Therefore, the state authority and all its
agencies are obliged to direct their policies and programmes
towards ensuring-
(a) that human dignity and other human rights are
respected and cherished;
(b) that the laws of the land are upheld and enforced;
(c) that public affairs are conducted in such a way as
to ensure that the national resources and heritage
are harnessed, preserved and applied for the
common good and also to prevent the exploitation
of one person by another;
(d) that the national economy is planned and
promoted in a balanced and integrated manner,
(e) that every person who is able to work does work,
and work means any legitimate activity by which
a person earns a living;
(f) that human dignity is preserved and upheld in
accordance with the spirit of the Universal
Declaration of Human Rights;
(g) that the Government and all its agencies provide
equal opportunities to all citizens, men and
women alike without regard to their colour, tribe,
religion, or station in life;
(h) that all forms of injustice, Intimidation,
discrimination,
Fundamental objectives……
The pursuit
of Ujamaa
and Self
Reliance Act No. 15
of 1984 s.6
Act No. 4
of 1992 s.6

The Constitution of The United Republic of Tanzania 19

corruption, oppression or favoritism are
eradicated;
(i) that the use of national resources places
emphasis on the development of the people
and in particular is geared towards the
eradication of poverty, ignorance and disease;
(j) that the economic activities are not conducted
in a manner capable of resulting in the
concentration of wealth or the major means of
production in the hands of a few individuals;
(k) that the country is governed according to the
principles of democracy and socialism.

10. [Repealed by Act No. 4 of 1992].

11. (1) The state authority shall make appropriate
provisions for the realisation of a person’s right to work, to self
education and social welfare at times of old age, sickness or
disability and in other cases of incapacity, without prejudice to
those rights, the state authority shall make provisions to ensure
that every person earns his
livelihood.
(2) Every person has the right to self education, and every
citizen shall be free to pursue education in a field of his choice
up to the highest level according to his merits and ability.
(3) The Government shall endeavor to ensure that there are
equal and adequate opportunities to all persons to enable them
to acquire education and vocational training at all levels of
schools and other institutions of learning.

Right to work,
to educational
and other
pursuits Act No. 15 of
1984 s.6

20
PART III
BASIC RIGHTS AND DUTIES
The Right to Equality
12.- (1) All human beings are born free, and are all equal.
(2) Every person is entitled to recognition and respect for
his dignity.

13.- (1) All persons are equal before the law and are entitled,
without any discrimination, to protection and equality before the
law.
(2) No law enacted by any authority in the United
Republic shall make any provision that is discriminatory either of
itself or in its effect
(3) The civic rights, duties and interests of every person
and community shall be protected and determined by the courts of
law or other state agencies established by or under the law.
(4) No person shall be discriminated against by any person
or any authority acting under any law or in the discharge of the
functions or business of any state office.
(5) For the purposes of this Article the expression
“discriminate” means to satisfy the needs, rights or other
requirements of different persons on the basis of their nationality,
tribe, place of origin, political opinion, colour, religion or station 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 advantage outside the specified conditions or the
prescribed necessary qualifications.

(6) To ensure equality before the law, the state authority
shall make procedures which are appropriate or which take into
account the following principles, namely:
Equality before the la w
Equality of
human
beings
Act No. 15
of 1984 s.6

Equality
before the
law
Act No. 15
of 1984 s.6
Act No. 4 of
1992 s.8

The Constitution of The United Republic of Tanzania 21

(a) when the rights and duties of any person
are being determined by the court or any
other agency, 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 a 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, and also no
penalty shall be imposed which is heavier
than the penalty in force at the time the
offence was committed;
(d) for the purposes of preserving the right or
equality of human beings, human dignity
shall be protected in all activities pertaining
to criminal investigations and process, and
in any other matters for which a person is
restrained, or in the execution of a
sentence;
(e) no person shall be subjected to torture or
inhuman or degrading punishment or
treatment

The Right to Life
14. Every person has the right to live and to the protection of
his life by the society in accordance with law.
Right to
life Ac t No. 15 o f 1984 s. 6

22

15.-(l) Every person has the right to and to freedom to live
as a free person.

(2) For the purposes of preserving individual freedom
and the right to live as a free person, no person shall be
arrested, imprisoned, confined, detained, deported or others
wise be 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 or passed by the court
following a decision in a legal proceeding or
a conviction for a criminal offence.

16.-(1) Every person is entitled to respect and protection of
his person, the privacy of his own person, his family and of
his matrimonial life, and respect and protection of his
residence and private communications.

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

17.-(l) Every citizen of the United Republic has the right to
freedom of movement in the United Republic and the right to
live in any part of the United Republic, 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 imprison him; or

(b) limit a person from exercising his
freedom of movement so as to –
(i) execute a judgment or court
Right to freedom of movemen t
Right to persona l freedom Act No. 15 of
1984 s.16

Right to privacy
and personal
security
Act No. 15 of
1984 s.6

Right to freedom
of movement
Act No. 15 of
1984 s.6

The Constitution of The United Republic of Tanzania 23
order or:
(ii) compel a person first to comply with
any obligations arising under another
law; or
(iii) protect public interest in general or
preserve certain special interest or
interests of a certain section of the
public, such act or law shall not be or be
held to be repugnant to or inconsistent
with the provisions of this Article.

The Freedom of Expression

18.- (1) Without prejudice to expression the laws of the
land, every person has the right to freedom of opinion and
expression, and to seek, receive and impart or disseminate
information and ideas through any media regardless of national
frontiers, and also has the right of freedom from interference
with his communications.
(2) Every citizen has the right to be informed at all
times of various events in the country and in the world at large
which are of importance to the lives and activities of the people
and also of issues of importance to society.

19.- (1) Every person has the right to freedom of thought
or conscience, belief or faith, and choice in matters of religion,
including the freedom to change his religion or faith.
(2) Without prejudice to the relevant laws of the United
Republic the profession of religion, worship and propagation of
religion shall be free and a private affair of an individual; and
the affairs and management of religious bodies shall not be part
of the activities of the State authority.
(3) In this Article reference to the word

Freedom o f expression Act. No. 15 o f 1984 s. 6
Right to
freedom o f religion
Act No. 15 o f 1984 s. 6 Act No. 4 o f 1992 s.9

24

“religion” shall be construed as including reference to religious
denominations, and cognate expressions shall be construed
accordingly.

20.- (1) Every person is entitled to freedom, subject to the laws
of the land, to freely and peaceably assemble, associate and cooperate
with other persons, express views publicly, and more specially to
form or join associations or organisations formed for the purposes of
preserving or furthering his beliefs or interests or any other interests.
(2) Notwithstanding the provisions of sub-article (1) it
shall not be lawful for any political entity to be registered which
according to its constitution or policy –
(a) aims at promoting or furthering the interests of:
(i) any religious faith or group;
(ii) any tribal group, place of origin, race or
gender,
(iii) only a particular area within any part of the
United Republic;
(b) advocates for the break-up of the United Republic;
(c) accepts or advocates for the use of force or violent
confrontation as means of attaining its political
goals;
(d) advocates or intends to carry on its political
activities in only one part of the United Republic;
(e) does not permit periodic and democratic election of
its leaders.
(3) Parliament may enact legislation which makes provision
for ensuring that political parties operate within the limits and
adhere to the conditions set out in sub-article (2) concerning the
freedom and the right of persons to associate and assemble.
(4) Subject to the relevant laws of the land, it
Freedom of association
Person’s freedom of
association
Act No. 15 o f
1984 s.6

The Constitution of The United Republic of Tanzania 25

shall be unlawful for any person to be compelled to join any
association or organisation, or for any association or any political
party to be refused registration on grounds only of its ideology
or philosophy.

21.-(1) Subject to the provisions of Article 5, 39 and 67 of
this Constitution and of the laws of the land in connection with
the conditions for electing and being elected or for appointing
and being appointed to take in matters related to governance of
the country, every citizen of the United Republic is entitled to
take part in matters pertaining to the governance of the country,
either directly or through representatives freely elected by the
people, in conformity with the procedures laid down by, or in
accordance with, the law.
(2) Every citizen has the right and the freedom to participate
fully in the process leading to the decision on matters affecting
him, his well-being or the nation.

The Right to Work
22.-(1) Every person has the right to work.
(2) Every citizen is entitled to equal opportunity and right on
equal terms to hold any office or discharge any function under
the state authority.

23.-(l) Every person, without discrimination of any kind,
is entitled to remuneration commensurate with his work, and all
persons working according to their ability shall be remunerated
according to the measure and nature of the work done.
(2) Every person who works is entitled to just remuneration.

24.- (1) Subject to the provisions of the relevant laws of
the land, every person is entitled to own property, and has a
right to the protection of his property held in accordance with
law.

Freedom to
participate in
public affairs
Act No. 15 o
f 1984 s. 6 Act No. 34 o f 1994s.4
Right to wor k Act No. 15 o f 1984 s. 6
Right to jus t remuneration
Act No. 15 o f 1984 s. 6
Right to own
propert y Act No. 15 o f 1984 s. 6

26

(2) Subject to the provisions of sub-article (1) it shall be
unlawful for any person to be deprived of property for the
purposes on nationalisation or any other purposes without the
authority of law which makes provision for fair and adequate
compensation.

Duties to the Society

25.-(1) Work alone creates the material wealth in society and is
the source of the well-being of the people and the measure of
human dignity. Accordingly, every person has the duty to-
(a) participate voluntarily and honestly in lawful
and productive work; and

(b) observe work discipline and strive to attain the
individual and group production targets
desired or set by law
(2) Notwithstanding the provisions of sub-article (1), there
shall be no forced labour in the United Republic.
(3) For the purposes of this Article, and in this Constitution
generally, it is hereby declared that no work shall be deemed to be
forced, cruel or humiliating labour, if such work is according to
law –
(a) work which has to be done pursuant to a judgement
or order of a court
(b) work which has to be done by members of any
Force in the discharge of their responsibilities;
(c) work which has to be done by any person due to a
state of emergency or any calamity which threatens
the life or well-being of the society;
(d) any work or service which forms part of –
(i) routine services for ensuring the well-being of
society;
(ii) compulsory national service provided for by
law;
Duty to participate in wor k
Duty to participate
in work
Act No. 15
of 1984 s.6

The Constitution of The United Republic of Tanzania 27

(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.
26.- (1) Every person has the duty to observe
and to abide by this Constitution and the laws of the
United Republic.
(2) Every person has the right, in
accordance with the procedure provided by law, to
take legal action to ensure the protection of this
Constitution and the laws of the land.

27.- (1) Every person has the duty to protect the
natural resources of the United Republic, the property
of the state authority, all property collectively owned
by the people, and also to respect another person’
property.
(2) All persons shall be required by law to
safeguard the property of the state authority and all
property collectively owned by the people, to combat
all forms of waste and squander, and to manage the
national economy assiduously with the attitude of
people who are masters of the destiny of their nation.

28.- (1) Every citizen has the duty to protect,
preserve and maintain the independence, sovereignty,
territory and unity of the nation.
(2) Parliament may enact appropriate laws to enable
the people to serve in the Forces and in the defence of the
nation.
(3) No person shall have the right to sign an act of
capitulation and surrender of the nation to the victor, nor
ratify or recognize an act of occupation or division of the
United Republic or of any area of the territory of
the nation and, subject to this Constitution and any other
laws enacted, no person shall have the right to prevent the
citizens of the United Republic from waging war against

Duty to
abide by the
laws of the
lan
d Act No. 15
of 1984 s. 6
Duty to safeguar d public property Ac t No. 15 o f 1984 s. 6
Defence o f the nation
Act No. 15
of 1984 s.
6

28

any enemy who attacks the nation.
(4) Treason as defined by law shall be the most grave
offence against the United Republic.

General Provisions

29.-(1) Every person in the United Republic has the right to
enjoy fundamental human rights and the benefits of the fulfillment
by every person of his duty to society, as provided in Articles 12 to
28 of this Part of this Chapter of the Constitution.
(2) Every person in the United Republic has the right to equal
protection under the laws of the United Republic.
(3) No citizen of the United Republic shall have a right, status
or special position on the basis of his lineage, tradition or descent
(4) It is hereby prohibited for any law to confer any right.
status, or special position upon any citizen of the United Republic
on the basis of lineage, tradition or descent.
(5) In order that all persons may benefit from the rights and
freedoms specified by this Constitution, every person has the duty
to so conduct himself and his affairs as not to infringe upon the
rights and freedoms of others or the public interest.

30.-(1) The human rights and freedoms, the principles of
which are set out in this Constitution, shall not be exercised by a
person in a manner that causes interference with or curtailment of
the rights and freedoms of other persons or of the public interest.

(2) It is hereby declared that the provisions contained in this Part
of this Constitution which set out the basic human rights,
freedoms and duties, do not invalidate any existing legislation or
prohibit the enactment of any legislation or the doing of any
lawful act in accordance with such legislation for the purposes of-
(a) ensuring that the rights and freedoms

Fundamental
rights and
duties Act
No. 15 of
1984 s.6

Limitations
upon, and
enforcement
and
preservation
of basic
rights,
freedoms an d
duties
Act No. 15 o f
1984 s.6
Act No. 34
of 1994
s.6
Limitations, enforcement …..of rights….

The Constitution of The United Republic of Tanzania 29

of other people or of the interests
of the public are not prejudiced by the wrongful
exercise of the freedoms and rights of
individuals;
(b) ensuring the defence, public safety, public order,
public morality, public health, rural and urban
development planning, the exploitation and
utilization of minerals or the increase and
development of property or any oilier interests
for the purposes of enhancing the public benefit;
(c) ensuring the execution of a judgment or order of
a court given or made in any civil or criminal
matter,
(d) protecting the reputation, rights and freedoms of
others or the privacy of persons involved in any
court proceedings, prohibiting the disclosure of
confidential information, or safeguarding the
dignity, authority and independence of the
courts;
(e) imposing restrictions, supervising and
controlling the formation, management and
activities of private societies and organisations in
the country; or
(I) enabling any other thing to be done which
promotes, or preserves the national interest in
general.
(3) Any person alleging that any provision in his Part of
this Chapter or in any law concerning his right or duty owed to
him has been, is being or is likely to be violated by any person
anywhere in the United Republic, may institute proceedings for
redress in the High Court.

30

(4) Subject to the other provisions of Constitution, the
High Court shall have original jurisdiction to hear and
determine any matter brought before it pursuant to this Article;
and the state authority may enact legislation for the purposes
of-
(a) regulating procedure for instituting
proceedings pursuant to this Article;
(b) specifying the powers of the Court in relation to
the hearing proceedings instituted pursuant to
Article;
(c) ensuring the effective exercise of powers of the
High Court, preservation and enforcement of
rights, freedoms and duties accordance with
this Constitution.
(5) Where in any proceedings it is alleged that any law
enacted or any action taken by the Government or other
authority abrogates or abridges any of the basic rights,
freedoms and duties set out in Articles 12 to 29 of this
Constitution, and the High Court is satisfied that the law or
action concerned, to the extent that it conflicts with this
Constitution, is void, or is inconsistent with this Constitution,
then the High Court, if it deems fit, or if the circumstances or
public interest so requires, instead of declaring that such law or
action is void, shall have power to decide to afford the
Government or other authority concerned an opportunity to
rectify the defect found in the law or action concerned within
such a period and in such manner as the High Court shall
determine, and such law or action shall be deemed to be valid
until such time the defect is rectified or the period determined
by the High Court lapses, whichever is the earlier.

Extraordinary Powers of the State Authority

31.-(1) Apart from the provisions of Article 30(2), any law
enacted by Parliament shall not be void for the reason only that
it enables measures to be taken during
Derogation from rights
and freedoms
Act No. 15 of
1984 s.6
Extraordinary Powers of the State

The Constitution of The United Republic of Tanzania 31

a state of emergency or in normal times in relation to persons
who are believed to engage in activities which endanger or
prejudice the security of the nation, which measures derogate
from the provisions of Articles 14 and 15 of this Constitution.
(2) It is here by prohibited to take any of the measures
referred to in sub-article (1) of this Article in pursuance of any
law during a state of emergency or in normal times in relation to
any person, save only to the extent that they are necessary and
justifiable for dealing with the situation that exists during the
state of emergency, or in normal times dealing with the situation
created by the conduct of the person concerned.
(3) it is hereby declared that the provisions of this
Article shall not authorize the deprivation of a person’s right to
live save only for deaths resulting from acts of war.
(4) In this and the following Articles of this Part, “state
emergency” means any period during which the Proclamation of
State of Emergency made by the President in the exercise of the
powers conferred on him by Article 32, is in force.

32.- (1) Subject to this Constitution or to any law enacted by
Parliament in that behalf, the President may proclaim a state of
emergency in the United Republic or in any part thereof.

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

Power to proclaim state
of emergency
Act No. 15 o
f
1984 s.6

32

necessary to take extraordinary measures to restore
order and security; or
(d) there is a clear and grave danger such that the
breakdown of public order and the cessation of
public safety in the United Republic or any part
thereof are inescapable except by invoking the
extraordinary powers; or
(e) there is imminent occurrence of danger, disaster or
environmental calamity which threatens the
society or part thereof in the United Republic or,
(i) there is some other kind of danger which clearly
constitutes a threat to the state.
(3) In the event a state of emergency is proclaimed in
relation to the whole of the United Republic, or to the whole of
Mainland Tanzania or the whole of Tanzania Zanzibar, the President
shall forthwith transmit a copy of the proclamation to the Speaker of
the National Assembly who, after consultation with the Leader of
Government Business in the National Assembly shall convene a
meeting of the National Assembly within not more than fourteen
days, to consider the situation and decide, whether to pass or not to
pass a resolution, which has to be supported by the votes of not less
than two thirds of all members, in support of the proclamation of a
state of emergency issued by the President.
(4) Parliament may enact a legislation providing for times
and procedures which will enable certain persons in charge of
Government functions in specified 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 paragraphs (c), (d) and (e) of sub-article
(2) and such situation does not extend
Extraordinary Powers of the State

The Constitution of The United Republic of Tanzania 33
beyond the boundaries of such areas, and also for the purpose
of specifying the exercise of executive during a state of
emergency.
(5) A proclamation issued by the President pursuant to
this Article shall cease to have effect-
(a) if it is revoked by the President;
(b) if fourteen days lapse from the date of the
proclamation without there being passed the
resolution referred to in sub-article (3);
(c) after the lapse of a period of six months from
the date of the proclamation; save that a sitting
of the National Assembly may, before the
expiration of the period of six months, extend
from time to time the period of the operation of
the proclamation for further periods of six
months by a resolution passed by votes of not
less than two-thirds of all the members present;
(d) at any time when a meeting of the National
Assembly revokes the proclamation by a
resolution supported by votes of not less than
two-thirds of all the members.
(6) For the avoidance of doubt in the interpretation or
application of the provisions of this article, the provisions of
legislation enacted by Parliament and of any other law,
concerning the proclamation of a state of emergency as
provided for in this Article shall apply only to the part of the
United Republic in respect of which the state of emergency has
been proclaimed.

34
CHAPTER TWO

THE EXECUTIVE OF THE UNITED
REPUBLIC

PART I
THE PRESIDENT

33.-(l) There shall be a President of the United Republic.
(2) The President shall be the Head of State, the Head of
Government and the Commander in – Chief of the Armed Forces.

34.-(l) There shall be a Government of the United Republic which
shall have authority over all Union Matters in the United Republic
and over all other matters concerning Mainland Tanzania.
(2) The authority of the Government of the United
Republic shall concern the application and upholding of this
Constitution and also all other matters over which Parliament has
power to legislate.

(3) All the authority of the Government of the United
Republic over all Union Matters in the United Republic and also
over all other matters concerning Mainland Tanzania shall vest in
the President of the United Republic.

(4) Subject to the other provisions of this Constitution, the
authority of the Government of the United Republic shall be
exercised by either the President himself directly or by delegation of
such authority to other persons holding office in the service of the
United Republic.
(5) It is hereby declared that the provisions of this Article
shall not be construed as –
(a) transferring to the President any legal functions
conferred by law
Act No. 15
of 1984 s.8

President of
the United
Republic Act No. 15
of 1984 s.9

The
Government
of the
United
Republic
authority
Act No. 15
of 1984 s.9

The Constitution of The United Republic of Tanzania 35

on any person or authority other than the
President; or
(b) preventing Parliament from conferring any
legal authority upon any person or persons or
authority other than the President
35.-(1) All Executive functions of the Government of the
United Republic shall be discharged by officers of the
Government on behalf of the President.
(2) Orders and other directives issued for the purposes of
this Article shall be signified in such manner as may be Specified
in regulations issued by the President in conformity with the
provisions of this Constitution.

36.-(l) Subject to the other provisions of this Constitution
and of any other law, the President shall have power to
constitute and to abolish any office in the service of the
Government of the United
(2) Subject to the other provisions contained in this
Constitution and of any relevant law, the authority to appoint
persons to offices in the service of the Government of the United
Republic, and also the authority to promote, to remove, to
dismiss, and to discipline such persons, shall be exercised by the
President the Service Commissions and any other authorities
specified and empowered in respect of any office and vested
with powers in relation to any office or category of offices in
accordance with this Constitution or in accordance with any
relevant law.
37.- (1) Apart from complying with the provisions
contained this Constitution, and the laws of the United Republic
in the performance of his duties

Discharge o f the business o f the Governmen t Act No. 15 o f 1984 s.9
Authority to
constitute
offices and to
appoint officers
Act No. 15 o
f 1984 s.9
Discharge o f duties and in
functions

36

and functions, the President shall be free and shall not be obliged
to take the advice given to him by any person, where he is
required by this Constitution or any other law to act in accordance
with the advice given to him by any person or authority.
(2) Where the Cabinet finds that the President is unable to
discharge the functions of his office by reason of physical or
mental infirmity, it may submit to the Chief Justice a resolution,
requesting him to certify that the President by reason of physical
or mental infirmity, is unable to discharge the functions of his
office. Upon receiving such a resolution, the Chief Justice shall
appoint a medical board of not less than three persons from
amongst experts recognized as such by the law governing medical
practitioners in Tanzania and such board shall inquire into that
issue and advise the Chief Justice accordingly, and he may, after
considering the 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 sub-article (3)
shall apply.
(3) Where the office of the President is vacant by reason
of the operation of the provisions contained in sub-article (2), or
where the office of the President is vacant for any other reason, or
in the event that the President shall be absent from the United
Republic, the duties and functions of the President shall be
discharged by one of the following, in the order specified, that is to
say-
(a) the Vice-President or, if his office is vacant or if
he also is absent or is ill; then
(b) the Speaker of the National Assembly, or if his
office is vacant
Discharge of duties …..of Presiden t
of President Act No. 15 o f
1984 s.8
Act No. 4 of
1992 s.12
Act No. 34 o f
1994 s.6

The Constitution of The United Republic of Tanzania 37

or if he also is absent or is ill; then
(c) the Chief Justice of the Court of Appeal of the United Republic.

(4) Where any of the persons specified in paragraphs (b) and (c) of sub-
article (3) discharges the duties and functions of the office of President by reason
that the person preceding him is absent then such person shall cease to discharge
those duties and functions immediately upon that other person preceding him
returns and assumes the discharge of the duties and functions of the office of
President.
(5) Where the office of President becomes vacant by reason of the death
of the President, his resignation, loss of the electoral qualifications or inability to
perform his functions due to physical infirmity, or failure to discharge the duties
and functions of the office of President, then the Vice- President shall be sworn in
and become the President for the unexpired period of the term of five years and
in accordance with the conditions set out in Article 40, then after consultation
with the political party to which he belongs, the President shall propose the name
of the person who shall be Vice-President and such appointment shall be
confirmed by the National Assembly by votes of not less than fifty percentum of
all Members of Parliament.
(6) It is hereby declared that the office of President shall not be
deemed to be vacant and the President shall not be deemed to be
absent from the United Republic if-
(a) he is absent from the town which is the seat of Government
of the United Republic;
(b) be is absent from the United Republic for a period of
twenty four hours; or

38

(c) he is ill but hopes to be better after a short period.
(7) Where any of the situations specified in sub-article (6)
occurs, and the President deems it appropriate to delegate his powers
for the duration of any such situation, then he may give directions in
writing for the appointment of any of the persons mentioned in
paragraph (a) or (b) of sub-article (3) of this Article for the purposes of
discharging the functions of the office of President when he is absent
or ill, and the person so appointed shall discharge those functions of
the office of President in accordance with the terms specified by the
President; the terms specified in this Article shall be understood not
to derogate from or prejudice the power of the President under any
other law to delegate his functions to any other person.
(8) The President may, if in his opinion it is desirable to do
so, direct in writing, any Minister to discharge such functions of the
office of President as the President may specify, in those directions
and the Minister so directed shall by virtue of the provisions of this
sub-article have power to discharge those functions of President
subject to any limitations or restrictions which the President may
specify, notwithstanding the provisions of any other law:
Provided that-
(a) the President shall not have authority to delegate to
a Minister in accordance with the provisions of this
sub-article any function of the office of President
conferred on him by any law arising from the terms
of any treaty to which the United Republic is a party
if by law the President is not authorised to delegate
such function to any other person;
(b) it is hereby declared that directions given by the
President under the
Discharge of duties of Presiden t

The Constitution of The United Republic of Tanzania 39

provisions of this sub-article directing any Minister to discharge
any function of the office of President shall not be deemed to
prevent the President from discharging such function himself.
(9) For the purposes of clarity of the provisions of this Article-
(a) a Cabinet meeting held for the purpose of submitting to the
Chief Justice a resolution concerning the state of health of the
President shall be deemed to be valid not- withstanding that
any member of the Cabinet is absent or that his position is
vacant and it shall be deemed that the Cabinet has passed that
resolution provided that it is supported by the majority vote of
members attending and voting;
(b) the President shall not be deemed as being absent from the
United Republic by reason only of the fact that he is in passage
from one part of Tanzania to another through a foreign country,
or for the reason that he has given directions in accordance with
the provisions of sub-article (7) and those directions have not
been rescinded.
(10) Notwithstanding the preceding provisions set out in this
Article, a person discharging the functions of the office of President
under this Article shall not have power to dissolve Parliament, to
remove any of the Ministers from office or to revoke any appointment
made by the President.

40

(11) If any person discharging the functions of the office
of President in accordance with the provisions of this Article is a
Member of Parliament, he shall not forfeit his seat in the
National Assembly or be disqualified for election as Member of
Parliament by reason only of his discharging the functions of
President by virtue of the provisions of this Article.

38.- (1) The President shall be elected by the people in
accordance with the provisions of this Constitution and in
accordance with the law enacted by Parliament pursuant to the
provisions of this Constitution, making provisions concerning
the election of the President.
(2) Subject to the other provisions of this Constitution, the
office of President shall be vacant, and the election of the
President shall be held or that vacancy shall be filled otherwise.
in accordance with this Constitution as the case may be upon the
occurrence of any of the following events-

(a) the dissolution of Parliament;
(b) the resignation of the President without first
dissolving Parliament;
(c) the disqualification of the President from
holding elective office;
(d) the impeachment of the President by the
National Assembly in accordance with this
Constitution and his removal from office;
(e) certification pursuant to the provisions of
Article 37 of this Constitution that the
President is unable to discharge his duties and
functions; or

Qualifications for election as Presiden t
Election of President Act No. 15 of
1984 s.9
Act No. 20 of
1992 s.5
Act No. 34 o
f
1994 s.6

The Constitution of The United Republic of Tanzania 41

(f) the death of the President.
(3) The office of President shall not be deemed to be
vacant by reason only that the National Assembly
has passed a motion of no confidence in the Prime
Minister.

39.-(1) A person shall not be entitled to be elected to
hold the office of President of the United Republic save only
if-
(a) he is a citizen of the United Republic by birth
in terms of the citizenship law;
(b) he has attained the age of forty years;
(c) he is a member of, and a candidate
nominated by, a political party;
(d) he is qualified to be a Member of Parliament
or a Member of the House of
Representatives.
(2) Without prejudice to any person’s right and
freedom of expression to hold his own views, to profess a
religious faith of his choice, to associate with others and to
participate with others in community work in accordance with
the laws of the land, no person shall be qualified to be elected
to hold the office of President of the United Republic unless he
is a member of, and a candidate proposed by, a political party.

40.-(l) Subject to the other provisions of this Article, any
person who holds office as President shall be eligible for
re-election to that office.
(2) No person shall be elected more than twice to
hold the office of President.
(3) A person who has been President of Zanzibar
shall not be disqualified from being elected President of the
United Republic for the reason only that be has once held
office as President of Zanzibar.
Qualificationsfor election as
President Ac t No. 4 of 1984s.13 Act No.
34 of 1991 s. 6
Eligibility fo r re-election
Act No. 15 o f 1984 s.9
Act No. 34 o f 1994 s.9

42

(4) Where the Vice-President holds the office of President
in accordance with the provisions of Article 37(5) for less than
three years, he shall be eligible to contest for the office of
President for two turns, but where he occupies the office of
President for three years or more, he shall be eligible to contest for
the office of President for one term only.

41.-(1) Where Parliament has been dissolved or where any
of the events specified in sub-article (2) of Article 38 have
occurred and it becomes necessary to hold an election of the
President, every political party wishing to participate in the
election of President shall submit to the Electoral Commission, in
accordance with the law, the name of one of its members whom it
proposes as a candidate to contest the election for the President of
the United Republic and the name of another member of the
party whom it proposes for the office of Vice-President.
(2) The names of the candidates proposed for the
Presidential election shall be submitted to the Electoral
Commission on a date and time appointed in accordance with a
law enacted by Parliament, and a person shall not be validly
nominated save only if his nomination is supported by such
number of voters and in such manner as shall be prescribed by an
Act of Parliament.
(3) If on the date and time appointed for the purpose of
submission of the names of the candidates proposed only one
candidate is validly nominated, the Electoral Commission shall
present such candidate’s name to the people, who shall vote
either for or against him in accordance with the provisions of this
Article and an Act enacted by Parliament.
(4) The election of the President of the United Republic
shall be held on a date to be appointed by the Electoral
Commission in accordance with an Act of Parliament.

Quali fications for election as Presiden t
Procedure for election
of Presiden t Act No. 20
of 1992 s.5
Act No. 34
of 1994 s.1 0

The Constitution of The United Republic of Tanzania 43

(5) All other matters concerning the procedures for the
election of the President shall be as provided for in a law enacted
by Parliament in that behalf.
(6) Any candidate contesting for the office of President
shall be declared duly elected President only if he has obtained
more than half of all the valid votes cast or, where a second ballot
is held for the reason that no candidate obtained more than half
of all the valid votes, if he obtains either more than half of all
valid votes cast or more votes than any of the other candidates.
(7) When a candidate is declared by the Electoral
Commission to have been duly elected in accordance with this
Article, then no court of law shall have any power to inquire into
the election of that candidate.

42.- (1) The President-elect shall assume office of President
as soon as possible after it is declared that he has been elected
President, but in any event he shall assume office before the
expiration of not more than seven days.
(2) Unless he sooner resigns or dies, the person elected
as President, subject to the provisions contained in sub-article (3),
shall hold the office of President for a period of five years from
the date on which he was elected President.
(3) A person elected President shall hold the office of
President until-
(a) the day his successor in office takes the oath of
office; or
(b) the day he dies while in office; or
(c) the day he resigns from office; or
(d) he ceases to hold the office of President in
accordance with the provisions of this
Constitution.
(4) If the United Republic is at war and the President
considers that it is not practicable to hold elections, the National
Assembly may from time to time, pass a resolution extending the
period of five years

Time o f
assumption
and –term o
f
office of Presiden t
Act No. 15 of
1984 s.9

44

specified in sub-article (2) of this Article save that no such
extension shall exceed a period of six months at any one time.
(5) Every President-elect and every person acting in
the office of President shall, before assuming the functions of the
office of President, take and subscribe, in the presence of the
Chief Justice of to be United Republic, the oath of allegiance and
such other oath for the execution of the functions of the office of
President as may be prescribed by an Act of Parliament.

43.-(l) The President shall be paid such salary and other
remuneration, and on retirement he shall receive such pension,
gratuity or allowances, as may be determined by the National
Assembly, and the salary, other remuneration, pension, and that
gratuity shall all be charged on the Consolidated Fund of the
United Republic and shall be paid in accordance with the
provisions of this Article.
(2) The salary and all other payments due to the
President shall not be reduced while he is in office in accordance
with the provisions of this Constitution.

44.-(1) Subject to this Constitution or to any Act of
Parliament providing in that behalf, the President may declare
the existence of a state of war between the United Republic and
any other country.
(2) After making the declaration, the President shall
transmit a copy of such declaration to the Speaker of the National
Assembly who, after consultation with the Leader of
Government Business in the National Assembly, shall within
fourteen days from the date of the declaration, convene a
meeting of the National Assembly to deliberate on the prevailing
situation and to consider whether or not to pass a resolution in
support of the declaration of war made by the President.

45.-(1) Subject to the other provisions contained in this
Article, the President may do any of the following:

Prerogative of merc y
Terms of office
of President
Act No. 15 of
1984 s.9

Power to declare
war
Act No. 15 of
1984 s.9
Act No. 4 of
1992
s.14

Prerogative of
mercy
Act No. 15 of
1985 s.9

The Constitution of The United Republic of Tanzania 45

(a) grant a pardon to any person convicted by a court
of law of any offence, and he may grant such
pardon unconditionally or on conditions, subject
to law;
(b) grant any person a respite, either indefinitely or
for a specified period, of the execution of any
punishment imposed on that person for any
offence;
(c) substitute a less severe form of punishment for any
punishment imposed on any person for any
offence; and
(d) remit the whole or part of any punishment
imposed on any person for any offence, or remit
the whole or part of any penalty of fine or
forfeiture of property belonging to a convicted
person which would otherwise be due to the
Government of the United Republic on account of
any offence.
(2) Parliament may enact legislation making provision for
the procedure to be followed by the President in the exercise
of his powers under this Article.
(3) The provisions of this Article shall apply to persons
convicted and punished in Tanzania Zanzibar and to
punishments imposed in Tanzania Zanzibar under
legislation enacted by Parliament which applies to Tanzania
Zanzibar likewise such provisions shall apply to persons
convicted and punished in Mainland Tanzania accordance
with law.

46.-(1) During the President’s tenure of office in
accordance with this Constitution it shall be prohibited to
institute or continue court any criminal proceedings
whatsoever against him.
(2) During the President’s tenure of office in

Immunity from
criminal
and civil
proceedings Act No. 15
of 1984 s.9

46

accordance with this Constitution, no civil Proceedings against him
shall be instituted in court in respect of done or not done, or
purporting to have been done or not done, by him in his personal
capacity as an ordinary citizen whether before or after he assumed
the office of President unless at least thirty days before the
proceedings are instituted in court, notice of claim in writing has
been delivered to him or sent to him pursuant to the procedure
prescribed by an Act of Parliament, 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 pursuant to the provisions of Article 46A(10) it shall be
prohibited to institute in court criminal or civil proceedings
whatsoever against a person who was holding the office of President
after he ceases to hold such office for anything he did in his capacity
as President while he held the office of President in accordance with
this Constitution

46A.(1) Notwithstanding the provisions of Article 46 of this
Constitution 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) Subject 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-
(a) has committed acts which generally violate the
Constitution or the law concerning the ethics of
public leaders;
(b) has committed acts which contravene the
conditions concerning the registration of political
parties specified in Article 20(2) of this Constitution;
or
Impeachment o f Presiden t
Impeachment
by the
National Assembly Act No. 20 of
1992 s.8
Act 12 of 1995
s.4

The Constitution of The United Republic of Tanzania 47

(c) has conducted himself in a manner which lowers the esteem of
the office of President of the United Republic, and no such
motion shall be moved within twenty months from the time
when a similar motion was previously moved and r ejected by
the National Assembly.
(3) The National Assembly shall not pass a motion to impeach the
President save only if-
(a) a written notice signed and supported by not less the twenty
per cent of all the members of Parliament is submitted to the
Speaker thirty days prior to the sitting at which such motion is
intended to be moved in the National Assembly, specifying the
wrong committed by the president and proposing that a Special
Committee of Inquiry be constituted to inquire into the charges
brought against the President.
(b) at anytime after the Speaker receives the notice duly signed by
the Member of Parliament and satisfies himself that the
provisions of the Constitution for the moving of the motion
have been complied with, to vote on the motion to constitute a
Special Committee of Inquiry, and if it is supported by not less
than two thirds of all the Member of Parliament, the Speaker
shall announce the names of the members of the Special
Committee of Inquiry
(4) The Special Committee of Inquiry for

48

the purpose of this Article shall consist of the following members,
that is to say-
(a) the Chief Justice of the United Republic who shall
be the Chairman of the Committee;
(b) the Chief Justice of Tanzania Zanzibar; and
(c) seven members appointed by the Speaker in
accordance with the Standing Orders of the
National Assembly and taking into account
the proportion representation amongst the political
parties represented in the National Assembly.
(5) In the event that the National Assembly passes the
motion to constitute a Special Committee of Inquiry, the President
shall be deemed to be out of office, and the duties and functions of
the office of President shall be discharged in accordance with the
provisions of Article 37(3) of this Constitution until the Speaker shall
inform the President about the resolution of the National Assembly
in connection with the charges brought against him.
(6) Within seven days after the Special Committee of
Inquiry is constituted, it shall sit, inquire into and analyse the
charges preferred against the President, including affording the
President the opportunity to be heard in his defence in accordance
with the procedure prescribed by the Standing Orders of the
National Assembly.
(7) As soon as possible and in any event within a period of
not more than ninety days, the Special Committee of Inquiry shall
submit its report to the Speaker.
(8) 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.
(9) After the report of the Special Committee
Impeachment of Presiden t

The Constitution of The United Republic of Tanzania 49

of inquiry is submitted pursuant to sub-article (8) the National
Assembly shall discuss the report and shall afford the President
the opportunity to be heard, and then by the votes of not less than
two thirds majority of all the Members of Parliament, the National
Assembly shall pass a resolution either that the charges against the
president have been proved and that he is unworthy of continuing
to hold the office of President, or that the charges have not been
proved.
(10) In the event the National Assembly passes a
resolution that the charges against the President have been proved
and that he is unworthy of continuing to hold the office of
President, the Speaker shall inform the President and the
Chairman of the Electoral Commission about such resolution of
the National Assembly, whereupon the President shall be obliged
to resign before the expiry of three days from the day the National
Assembly passed the resolution.
(11) In the event the President ceases to hold the office
of President by reason of the charges against him being proved he
shall not be entitled, to receive any payment by way of pension or
to receive any benefits or other privileges which he has under the
Constitution or any other law enacted by Parliament.

46B.-(1) Without prejudice to the duty of every citizen which
is mentioned in Article 28 this Constitution, the principal executive
leaders of the organs vested with executive powers in the United
Republic mentioned in Article 4 of this Constitution Act No.12
shall be duty bound, each of them in the exercise of the powers
conferred on him by this Constitution or the Constitution of
Zanzibar 1984, to ensure that he protects, strengthens and
preserves the integrity of the United Republic.

(2) For the purposes of the provisions of sub-article (1),
each of the principal leaders of the organs vested with executive
powers of the United Republic shall, before assuring office in
accordance with this

Duty o f
principal
leaders of
organs with
executive
power to
preserve
Union
Act No. 12 o
f
1995 s.5

50

Constitution, take oath to defend and preserve the integrity of the
United Republic in accordance with this Constitution.
(3) The principal leaders to whom the provisions of this
Article apply are:
(a) the President of the United Republic;
(b) the Vice-President of the United Republic;
(c) the President of Zanzibar; and
(d) the Prime Minister of the Unit Republic.

PART II
VICE-PRESIDENT

47.-(1) There shall be a Vice-President, who shall be the
principal assistant to the President in respect of all the matters in
the United Republic generally and, in particular shall-

(a) assist the President in making a follow-up on the
day- to-day implementation of Union Matters
(b) perform all duties assigned to him by the
President; and
(c) perform all duties and functions of the office of
President when the President is out of office or out
the country.
(2) Without prejudice to the provisions of Article 37 (5), the
Vice-President shall be elected in the same election together with the
President, after being nominated by his party at the same time as the
Presidential candidate and being voted for together on the same
ticket. When the Presidential candidate is elected the Vice-President
shall have been elected.
(3) A person shall be nominated to contest for the office of
Vice-President on the basis of the principle that
Vice – President…….
Vice Presiden t his duties and powers Act No. 34 of
1994 s.11

The Constitution of The United Republic of Tanzania 51

where the President of the United Republic hails from one part of
the United Republic, then the Vice-President shall be a person who
hails from the other part of the Union.
(4) A person shall not be nominated to contest for the
office of Vice-President of the United Republic, save only if-
(a) he is a citizen of the United Republic by birth in
accordance with the citizenship law;
(b) he has attained the age of forty;
(c) he is a member of, and a candidate nominated
by, a political party; and
(d) he is qualified to be a Member of Parliament or a
Member of the House of Representatives.
(5) Any party shall not be prevented from nominating
any person to contest for the office of Vice-President for the reason
only that such person is at that time holding the office of President
of Zanzibar or the office of Prime Minister of the United Republic.
(6) The Vice-President shall not at the same time be a
Member of Parliament, Prime Minister of the United Republic, or
President of Zanzibar.
(7) Where a person who is Prime Minister, or President
of Zanzibar is appointed or elected to be Vice-President of the
United Republic he shall cease to hold the office of Prime Minister
or President of Zanzibar, as the case may be.
(8) The Vice-President shall perform his duties under the
direction and supervision of the President and shall provide
leadership and be answerable to the President in respect of any
matters or functions assigned to him by the President.

48.-(1) The Vice-President shall assume the office of Vice-
President on the same day the President assumes office.
Time o f assumption o f office of the
Vice Presiden t Act No. 34 o f 1994 s.11

52

(2) The Vice-President appointed in with Article 50 (4) shall
take oath and assume his after his appointment is confirmed by the
National Assembly.

49. The Vice-President shall, before assuming office, make and
subscribe before the Chief Justice of United Republic the oath of
allegiance and such other oath concerning the due discharge of the
function of his office as may be prescribed by Act of Parliament.

50.-(1) Unless he sooner resigns or dies, a person elected or
appointed in accordance with Article 3 7(5), to Vice-President, shall,
subject to the other provisions this Article, hold office for a period of
five years from the day he is elected Vice-President.
(2) The Vice-President shall hold office until-
(a) his tenure of office expires;
(b) he dies while in office;
(d) he is sworn in as President after the office
of President falls vacant;
(e) he is convicted of any criminal offence
disclosing lack of honesty or loyalty;
(f) when another President is sworn in to hold the
office of President together with his Vice-
President;
(g) he is removed from office following his
impeachment by the National Assembly in
accordance with the provisions of sub-article (3)
of this Article;
(h) he otherwise ceases to hold the office of Vice-
President in accordance the provisions of this
Constitution.
(3) The National Assembly shall have the same power to
remove the Vice-President from office

Vice – Presiden t
Oath of office
of the Vice
President Act No. 34 of
1994 s.11

Tenure of
office of Vice
President Act No. 34 of
1994 s.11
Act No. 12 of
1995 s.6

The Constitution of The United Republic of Tanzania 53

as it has in relation to the President save that any motion impeach the
Vice-President shall be moved before the National Assembly only if it
is alleged that-
(a) the President has submitted a certificate to the
Speaker stating that the Vice-President has ceased or
failed to discharge the duties and functions of the
office of Vice-President;
(b) he has committed acts which generally violate the
Constitution or the law concerning the ethics of
public leaders;
(c) he has committed acts which contravene the
conditions concerning the registration of political
parties specified in Article 20(2) of the Constitution;
or
(d) he has conducted himself in a manner that lowers the
esteem of the office of President of the United
Republic or the office of Vice-President. 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.
(4) In the event that the office of Vice-President is vacant
pursuant to the provisions contained in Article 50(3), then as soon as
possible and in any event within a period not exceeding fourteen
days after Vice-President has ceased to hold his office, the President
shall appoint a person who shall be the Vice-President and such
appointment shall be confirmed by the National Assembly by a
majority vote of the members of Parliament.

(5) All other provisions of Article 46A of the

54

Constitution shall apply also in relation to the Vice-President save
only that a Vice-President who has been removed from office under
sub-article (3) shall no longer qualify to hold the office of President,
Vice-President, Prime Minister or President of Zanzibar.

PART Ill
PRIME MINISTER, CABINET
AND THE GOVERNMENT

Prime Minister

51.-(1) There shall be a Prime Minister of the United Republic
who shall be appointed by the President in accordance with the
provisions of this Article and who, before assuming his office, shall
take and subscribe before the President such oath of office of Prime
Minister as may be prescribed by Parliament.

(2) As soon as possible, and in any event within fourteen
days after assuming his office, the President shall appoint a Member
of Parliament elected from a constituency from a political party
having a majority of Members of Parliament in the National
Assembly or, if no political party has a majority, who appears to
have the support of the majority of the Members of Parliament, to be
Prime Minister of the United Republic, and he shall not assume office
until his appointment is first confirmed by a resolution of the
National Assembly Supported by a majority vote of Members of
Parliament.
(3) Subject to the other provisions of this Constitution, the
Prime Minister shall hold the office of Prime Minister until
(a) the day the President-elect takes the oath of office;
or
(b) the day he dies while in office; or
(c) the day he resigns; or
(d) the day the President appoints another
Member of Parliament to hold the

Prime Ministe r
Prime Minister of
the United
Republic Act No. 20 of
1992 s.9

The Constitution of The United Republic of Tanzania 55

office of Prime Minister, or
(e) he ceases to hold the office of Prime Minister in
accordance with the other provisions of this
Constitution.
52.-(l) The Prime Minister shall have authority over the
control, supervision and execution of the day to-day functions and
affairs of the Government of the United Republic.
(2) The Prime Minister shall be the Leader of Government
Business in the National Assembly.
(3) In the exercise of his authority, the Prime Minister shall
perform or cause to be performed any matter or matters which the
President directs to be done.

53.-(1) Subject to the provisions of this Constitution, the Prime
Minister shall be accountable to the President for the exercise of his
authority.
(2) The Executive of the United Republic, under the
authority of the President, shall be the organ having the power to
determine the policy of the Government in general, and Ministers
under the leadership of the Prime Minister, shall be collectively
responsible in the National Assembly for the execution of the affairs
of the Government of the United Republic.

53A.-(1) Notwithstanding the provisions of Article 51 of this
Constitution, the National Assembly may pass a vote of no
confidence in the Prime Minister if a motion proposing in that
behalf is moved and passed in accordance within the provisions of
this Article.
(2) Subject to the other provisions of this Article, any
motion for a vote of no confidence in the Prime Minister shall not be
moved in the National Assembly if-
(a) either it has no relation with the discharge of the
responsibilities of the Prime Minister in accordance
Functions an d
authority of the
Prime Ministe r
Act No. 15 of
1984 s.9
Accountability
of the
Executive
Act No. 15 o f
1984 s.9
Vote of no
confidence
Act No. 20 o
f
1992 s.10
Act No. 12 o
f
1995 s.7

56

with Article 52 of the Constitution or there are no
allegations that the Prime Minister has contravened
the law concerning the ethics of public leaders;
(b) six months have not lapsed since he was appointed;
(c) nine months have not lapsed since a similar motion
was moved in and rejected by the National
Assembly.
(3) A motion for a vote of no confidence in the Prime
Minister shall not be passed by the National Assembly save only if-
(a) a written notice, signed and by not less than twenty
percentum of all the Members of Parliament is
submitted to the Speaker, atleast fourteen days
prior to the day on which the motion is intended to
be removed before the National Assembly;
(b) the Speaker satisfies himself the provisions of the
Constitution governing the moving of the
have been complied with.
(4) A motion which satisfies the provisions this Article shall
be moved before the National Assembly as soon as possible in
accordance with the Standing Orders of the National Assembly.
(5) A motion for a vote of no confidence in the Prime
Minister shall be passed only if it is supported by majority of the
Members of Parliament.
(6) In the event the motion for a vote of confidence in the
Prime Minister is supported by a majority of the Members of
Parliament, the Speaker shall submit that resolution to the President,
and as soon as possible and any event within two days from the day
the National
Vote o f no con fidence

The Constitution of The United Republic of Tanzania 57
Assembly passed the vote of no confidence in the Prime Minister,
the Prime Minister shall be required to resign, and the President
shall appoint another Member of parliament to be Prime Minister.

Cabinet and Government

54.-( 1) There shall be a Cabinet the members of which shall
be the Vice-President, the Prime Minister the President of Zanzibar
and all the Ministers.
(2) The President shall attend the meetings of the
Cabinet and shall preside over those meetings.
In the event the President is absent, the meetings shall be presided
over by the Vice-President, and if both the President and the Vice-
President are absent, the Prime Minister shall preside over the
meetings.
(3) Subject to the provisions contained in Article 37(1) of
this Constitution the Cabinet shall be the principal organ for
advising the President regarding all matters concerning the
exercise of his powers in accordance with the provisions of this
Constitution, and it shall assist and advise the President over any
matter which shall be submitted to the Cabinet pursuant to
specific or general directions issued by the President.
(4) The Attorney General shall attend all the meetings of
the Cabinet and shall have all the rights of a member of those
meetings save that he shall not have the right to vote at such
meetings.
(5) The question whether any advice, and if so, what
advice was given by the Cabinet to the President, shall not be
inquired into in any court.
55.-(1) All Ministers who are members of the Cabinet by
virtue of Article 54 shall be appointed by the President after
consultation with the Prime Minister and they shall be responsible
for such offices as the President may, from time to time, by writing
under his hand and the Public Seal, establish.

Cabinet Ac t
No. 15 of
1984 s.9 Act No.4 of 1992 s.15 Act No.
34 of 1994
s.12
Appointmen t
of Ministers
and Deputy
Ministers
Act No. 15
of 1984 s.9

58
(2) In addition to the Ministers referred to in sub-article (1)
the President may, after consultation with the Prime Minister,
appoint Deputy Ministers. All Deputy Ministers shall not be
members of the Cabinet.
(3) The President may appoint any number of Deputy
Ministers who shall assist Ministers in the discharge of their duties
and functions.
(4) All Ministers and Deputy Ministers shall 1 appointed
from among Members of Parliament.
(5) Notwithstanding the provision of sub-article (4), in the
event that the President is obliged to appoint Minister or a Deputy
Minister after dissolution of Parliament then he may appoint any
person who was a Member of Parliament before Parliament was
dissolved.

56. A Minister or a Deputy Minister shall not assume his office
until he has first taken and subscribe before the President, the oath of
allegiance and such other oath for the due discharge of the duties of
his office as may be prescribed by a law enacted by Parliament.

57.-(l) The tenure of office of a Minister, or Deputy Minister shall
commence on the date he is appointed to hold that office.
(2) The Office of a Minister or a Deputy Minister shall
become vacant upon the occurrence of any the following:
(a) if the incumbent resigns or dies;
(b) where the incumbent ceases to be Member of
Parliament for any reason not connected with the
dissolution of Parliament
(c) where the President revokes the appointment
thereby removing the incumbent from office;
(d) where he is elected Speaker;
(e) where the Prime Minister resigns or his office
becomes vacant for any

Tenure of office of Ministers
Oath of
office of
Ministers
and Deputy
Ministers, Act No. 15 o f 1984 s.9

Tenure of
office of
Ministers
and Deputy
Ministers Act No. 15 o f 1984 s.9 Act No. 20 o f 1992 s.11 Act No. 12 o f 1995 s.8

The Constitution of The United Republic of Tanzania 59

other reason;
(f) immediately before the President elect assumes
office;
(g) where the Ethics Tribunal makes a decision
confirming that he has contravened the law
concerning ethics of public leaders.
58. Ministers and Deputy Ministers shall hold office during
the pleasure of the President, and shall be paid a salary, allowances
and other remuneration in accordance with a law enacted by
Parliament.

59.-(1) There shall be an Attorney General for the Government
of the United Republic, who in the subsequent Articles of this
Constitution, shall simply be referred to as the “Attorney-General”
who shall be appointed by the President.
(2) A person shall not qualify to be appointed to hold the
office of Attorney-General save only if in accordance with this
Constitution he has the special qualifications as specified in Article
109(8) which make him a fit and proper person to be appointed a
Judge of the High Court of the United Republic or a Judge of the
High Court of Zanzibar and he has held any one of those special
qualifications for a period of not less than five years.
(3) The Attorney-General shall be the adviser of the
Government of the United Republic on legal 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 and also to discharge such other
duties or functions which shall be entrusted to him by this
Constitution or by any law
(4) In the discharge of his duties and functions in
accordance with this Article, the Attorney-General shall
Terms o f
office of Ministers
and Deputy
Ministers
Act No. 15
of 1984 s.9

Attorney
General fo
r
the
Governmen
t
of the
Unite
d Republic
Act No. 15
of 1984 s.9
Act No. 4 o
f
1992 s.16

60

be entitled to appear and be heard in all courts in the United
Republic.
(5) The Attorney General shall be a Member of Parliament
by virtue of his office, and he shall hold office until-
(a) his appointment is revoked by the President; or
(b) immediately before the President – elect assumes
the office of President and he shall be paid a salary,
allowances and remuneration in accordance with a
law enacted by Parliament.

60. There shall be a Secretary to the Cabinet who shall be the
chief executive officer in the office of Cabinet, and he shall
discharge the following functions in compliance with the general
or specific directions issued to him by the President, that is to say:

(a) to work out a Programme for Cabinet meetings and
prepare the agenda for each meeting;
(b) to record minutes and maintain a record of cabinet
meetings;
(c) to notify and explain the decision of the Cabinet to
every person or public institution concerned with any
such decision; and
(d) to discharge any other duties functions as shall be
directed from time to time by the President

61.-(l) There shall be a Regional Commissioner for each region
within the United Republic who, subject to sub-article (3),shall be
a leader in the Government of the United Republic.
(2) Regional Commissioners in Mainland Tanzania shall be
appointed by the President, after

Regional Commissioners
Secretary to the
Cabinet
Act No. 15 of
1984 s.9

Regional
Commissioners
Act No. 15 of
1984 s.9

The Constitution of The United Republic of Tanzania 61
consultation with the Prime Minister.
(3) Regional Commissioners in Tanzania Zanzibar shall be
appointed by the President of Zanzibar, after consultation with the
President.
(4) Without prejudice to the provisions of sub-article (5),
every Regional Commissioner shall have the duty to supervise the
discharge 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 discharge all duties and functions specified by or under any
written law as being functions of a Regional Commissioner, and shall
exercise all such powers specified by any law enacted by Parliament.

(5) In addition to his duties and functions specified in the
preceding provisions of this Article, a Regional Commissioner for any
region in Tanzania Zanzibar shall discharge the duties and functions
of the Revolutionary Government of Zanzibar which shall be
assigned to him by the President of Zanzibar and in accordance with
the Constitution of Zanzibar, 1984, or any law enacted by the House
of Representatives.

CHAPTER THREE

THE LEGISLATURE OF THE
UNITED REPUBLIC

PART I
PARLIAMENT

62.-(1) There shall be a Parliament of the United Republic
which shall consist of two parts, that is to say, the President and the
National Assembly.

Parliamen t
Act No. 15 of
1984 s.12

62

(2) The National Assembly shall consist of categories of
members specified in Article 66 of this Constitution, who shall
all be designated as Members of Parliament.
(3) Whenever any matter requires to be decided or
done by both parts of Parliament in accordance with the
provisions of this Constitution, or any other law, then that
matter shall not be deemed to have been duly decided or done
unless it is decided or done by the Members of Parliament and
also by the President in accordance with their respective
authority in relation to that matter.

63.-(1) The President as one part of Parliament shall
exercise all the authority vested in him by this Constitution for
that purpose.
(2) The second part of Parliament shall be the principal
organ of the United Republic which shall have the authority on
behalf of the people to oversee and advise the Government of
the United Republic and all its organs in the discharge of their
respective responsibilities in accordance with this Constitution.
(3) For the purposes of discharging its functions the
National Assembly may-
(a) put any question to any Minister concerning public
affairs in United Republic which are within his
responsibility;
(b) debate the performance of each Ministry during the
annual budget session of the National Assembly;
(c) deliberate upon and authorize any long or short
term plan which is intended to be implemented in
the United Republic and enact a law to regulate the
implementation of plan;

Authority of Parliamen t
Authority of Parliament Act No. 15 of
1984 s.12
Act No. 4 of
1992 s.17
Act No. 20 of
1992 s.11

The Constitution of The United Republic of Tanzania 63

(d) enact legislation where
implementation requires legislation;
(e) deliberate upon and ratify all
treaties and agreements to which
the United Republic is party and the
provisions of which require
ratification.

64.- (1) Legislative power in relation to all Union Matters
and also in relation to all other matters concerning Mainland
Tanzania is hereby vested in Parliament
(2) Legislative power in Tanzania Zanzibar over all
matters which are not Union Matters is hereby vested in the
House of Representatives.
(3) Where any law enacted by the House of
Representatives concerns any matter in Tanzania Zanzibar
which is within the legislative jurisdiction of Parliament, that
law shall be null and void, and likewise if any law enacted by
Parliament concerns any matter which is within the legislative
jurisdiction of the House of Representatives that law shall be
null and void.
(4) Any law enacted by Parliament concerning any matter
shall not apply to Tanzania Zanzibar save in accordance with
the following provisions:
(a) such law shall have expressly stated that it shall
apply to Mainland Tanzania as well as to
Tanzania Zanzibar or it replaces, amends or
repeals a law which is in operation in Tanzania
Zanzibar;
(b) such law replaces, or amends or repeals a law
which was previously in operation in Mainland
Tanzania and also in operation in Tanzania
Zanzibar pursuant to the Articles of the Union of
Tanganyika and Zanzibar, or

Legislative
powe r Act No. 15 o f 1984 s.12

64

pursuant to any law which expressly stated that it
apply to Mainland Tanzania as Tanzania Zanzibar;
or
(c) such law relates to Union Matters; and whenever
reference is made to the term ‘Tanzania” in any law
it is hereby declared that such law shall apply in the
United Republic accordance with the interpretation
contained in the provisions of this Article.
(5) Without prejudice to the application of the Constitution
of Zanzibar in accordance with this Constitution concerning all
matters pertaining to Tanzania Zanzibar which are not Union
Matters, this Constitution shall have the force of law in the whole
of the Republic, and in the event any other law conflicts with the
provisions contained in this Constitution, the Constitution shall
prevail and that other law, to the extent of the inconsistency with
the Constitution, shall be void.

65.-(1) Subject to the other provisions of this Constitution, the
life of each Parliament shall be five years. (2) For the purposes of
this Constitution expression “life of Parliament” means that whole
period commencing from the date the new Parliament was
summoned after a general election and ending on the date of
dissolution of that Parliament for the purpose of enabling the
holding of another ordinary general election.

PART II
MEMBERS, CONSTITUENCIES AND
ELECTION OF MEMBERS

Members of the National Assembly

66.-(1) Subject to the other provisions of this
Members of Parliamen t

Life of Parliament Act No. 15 of
1984 s.12

Members of Parliament Act No. 15 of
1984 s.13

The Constitution of The United Republic of Tanzania 65

Article, there shall be the following categories of
Members of Parliament, that is to say:-
(a) members elected to represent, constituencies;
(b) women members being not less than fifteen
percentum of the members mentioned in
paragraphs (a), (c) and (d) elected by the political
parties represented in the National Assembly in
terms of Article 78 and on the basis of
proportional representation amongst those
parties;
(c) five members elected by the House of
Representatives from among its members;
(d) the Attorney General. (2) The President and the
Vice-President shall each not be a Member of
Parliament.
(3) Where a Regional Commissioner is elected a Member of
Parliament representing a constituency or where a Member of
Parliament representing a constituency is appointed a Regional
Commissioner, the National Assembly shall be deemed to consist of
the requisite number of members and its proceedings shall be valid
notwithstanding that the ordinary total number of members in
terms of this Article shall have been reduced by reason of such
election of the Regional Commissioner or such appointment of a
constituency member.

67.-(l) Subject to the provisions contained in this Article,
any person shall be qualified for election or appointment as a
Member of the Parliament if he-
(a) is a citizen of the United Republic who has attained the
age of twenty-one years

Act No. 4 o f 1992 s.4
Act No. 12 o f 1995 s.9
Qualifications
for Member o f Parliament Act No. 15 of
1984 s.13
Act No. 34 of
1994 s.13
Act No. 12 of
1995 s.10

66

and who can read and write in Kiswahili or
English; and
(b) is a member of, and a candidate proposed by,
a political party.
(2) A person shall not be qualified to be elected or appointed
Member of Parliament if-
(a) such person possesses or voluntarily acquires the
citizenship of any other country; or
(b) in accordance with a law applicable in the United
Republic it has been formally certified that such
person is of unsound mind; or
(c) such person has been convicted by any court in the
United Republic and sentenced to death or to a term
of imprisonment exceeding six months for a
conviction of any offence however, styled involving
dishonesty; or
(d) within a period of five years preceding the date of a
General Election such person has been convicted
and sentenced imprisonment for an offence
involving dishonesty or for contravening the law
concerning ethics of public leaders; or
(e) without prejudice to a person’s right and freedom
to hold his own views, to profess a religious faith of
his choice, to associate with others and to
participate in community work in accordance with
the laws of the land, no person shall be qualified to
be elected to the office of President of the United
Republic if he is not
Members of Parliamen t

The Constitution of The United Republic of Tanzania 67

a member of, and a candidate proposed by, a
political party; or
(f) such person has interest in any Government
contract of any kind in respect of which special
restrictions are prescribed by Act of Parliament
and he has contravened such restrictions; or
(g) such person holds a senior office in the service of
the Government of the United Republic, not
being an office to which the President may or is
required to appoint a Member of Parliament in
accordance with this Constitution or a law
enacted by Parliament; or
(h) in accordance with a law enacted by Parliament
dealing with offences concerning election of any
kind such person has been disqualified from
registering as a voter or from voting in a
Parliamentary election.
(3) A person shall not be competent to contest for election
as a constituency Member of Parliament at any general election if
he is at the same time contesting for election to the office of
President, nor shall he be competent to contest for election as a
Member of Parliament at any by-election if be is President.
(4) Parliament may enact legislation making provisions
disqualifying a person from being elected Member of Parliament
representing a constituency if such 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
elections of Members of Parliament; save that such legislation shall
not make provision disqualifying the Speaker from being elected
Member of Parliament representing a constituency

68

nor make provisions which cause a person elected Speaker to vacate
that office of Speaker or his ordinary seat as Member of Parliament.
(5) Parliament may enact legislation for the purpose of
making provisions for the disqualification of a person from being
elected a Member of Parliament representing a constituency for any
period, to be specified by Parliament (save that such period shall not
exceed five years) if such person shall be convicted by a court for any
type of offences, in connection with the election of Members of
Parliament, as specified in that legislation.
(6) For the purposes of giving opportunity to appeal
according to law to any person who has been formally certified to be of
unsound mind, or convicted and sentenced to death or imprisonment,
or convicted for any offence specified under the law in terms of sub-
article (5) of this Article, Parliament may enact legislation providing
that such judgment being appealed against by that person shall have no
effect for the purposes of the provisions of sub-article (2) or (5) of this
Article until the expiration of the period to be specified in such
legislation.
(7) The following rules shall apply for the purposes of
interpreting paragraphs (c), (d) and (e) of sub-article (2) of this Article,
that is to say-
(a) where a person has been awarded two or more
prison sentences to run consecutively, such
sentences shall be regarded to be separate provided
that each of the sentences does and exceed six
months; but if the period specified in any of the
sentences exceeds six months, such sentences shall
be regarded as one sentence;

(b) if a person is sentenced to imprisonment where
he could other wise have been sentenced to a fine,
or where the sentence of imprisonment is imposed
for failure
Members of Parliamen t

The Constitution of The United Republic of Tanzania 69

to pay a fine ordered, them, such period of
imprisonment shall not be taken into account.
(8) In paragraph (f) of sub-article (2) of this Article
“Government contract” means any contractual agreement in
which one of the parties is the Government of the United Republic,
or the Revolutionary Government of Zanzibar or any department
of that Government or any officer of the Government who has
taken part on behalf of the Government.
[(9) repealed-Act No.4 of 1992, s.19(d)] [(10) repealed-Act No.4 of 1992, s.19(d)] [(11) repealed-Act No.4 of 1992, s.19(d)] [(12) repealed-Act No.4 of 1992, s.19(d)].
(13) For the purposes of interpretation of the
qualifications for election contained in the following Articles
whenever it is stated in this Constitution that the implementation
of any matter requires a person who has the qualification for
election, or a person who has not been disqualified from election,
then unless the context requires otherwise, it shall be understood
that the qualifications concerned are those which enable a person
to be elected a Member representing a constituency as provided in
sub-article (1) of this Article.

68. Every member of Parliament shall be required to take and
subscribe before the National Assembly the Oath of allegiance
before commencing to take part in the business of the National
Assembly save that he may take part in the election of Speaker
before taking that oath.

69.-(1) Every Member of Parliament shall be required before
the expiration of thirty days since taking oath as Member of
Parliament to submit to the Speaker two copies of a formal
declaration that he has not lost the qualifications for election in
terms of Paragraph (d) of sub-article (2) of Article 67.
(2) The formal declaration required to be
Oath o f Members o f Parliamen t Act No. 15
of 1984, s.13
Forma l declaration
by Members
o
f Parliamen t concernin g ethics o f leaders
Act No. 13
of 1995 s.11

70

submitted to the Speaker shall be made on a special form prescribed
in accordance with a law enacted by Parliament.
(3) The Speaker shall transmit to the Ethics Commissioner a
copy of every formal declaration submitted to him in accordance with
the provisions of this Article.
(4) In this Article and in Articles 70 and 84 “the Ethics
Commissioner” means the Commissioner appointed to head the
Ethics Secretariat referred to in Article 132 of this Constitution.

70.-(1) Every Member of Parliament shall be required to submit
to the Speaker two copies of a formal statement regarding his
property and the property of his spouse. The statement shall be
made on a special form prescribed by law enacted by Parliament and
shall be submitted from time to time as shall be directed by such law.
(2) The Speaker shall transmit to the Ethics Commissioner, a
copy of every formal statement submitted to him in accordance with
the provisions of this Article.
(3) Parliament may enact legislation for the purposes of
making provisions designed for the protection of the statement of
property submitted by a Member of Parliament in accordance with
the provisions of this Article and to ensure that persons unauthorized
or not concerned do not get the opportunity to see the statement of
property or know its contents.

71.-(1) A Member of Parliament shall cease to be Member of
Parliament and shall vacate his seat in National Assembly upon the
occurrence of any of following matters:
(a) where anything happens which, had he not been a
Member of Parliament would have disqualified him from
election, or would make him lose the qualifications for
election, or would disqualify him from election or
appointment in accordance with the
Members of Parliamen t
Members to
submit
statement
of property
Act No. 12
of 1995
s.12

Tenure of
office of
Member of Parliament Act No. 15
of 1984
s.13
Act No. 14
of 1992
s.22
Act No. 34
of 1994
s.14
Act No. 12
of 1995 s.3

The Constitution of The United Republic of Tanzania 71

provisions of this Constitution;
(b) where such Member of Parliament is
elected President;
(c) where a Member of Parliament fails to
attend three consecutive meetings of the
National Assembly without the
permission of the Speaker;
(c) where it is established that he has
contravened the provisions of the law
concerning the ethics of public leaders;
(e) where a Member of Parliament ceases to
be a member of the party to which he
belonged when he was elected or
appointed to be a Member of Parliament;
(I) where a Member of Parliament is elected
or appointed Vice- President;
(g) in the case of a Member of Parliament
who is required to submit a formal
statement of property in accordance with
the provisions of Article 70, if he fails to
make such formal statement in
accordance with the provisions of that
Article within the period prescribed for
that purpose by a law enacted by
Parliament, but where a Member of Parliament
does not cease to be a Member of Parliament on
account of any of those matters mentioned and
if he does not sooner resign or die, then he shall
continue to hold Office as Member of
Parliament until the next general election.

(2) Parliament may enact a law for the

72

purpose of making provisions enabling a Member of Parliament
to appeal according to law, against a decision which confirms
that he is a person of unsound mind, against a sentence of death
or imprisonment or against conviction for an offence of the type
referred to in provisions of sub-article (5) of Article 67 of this
Constitution, and that law may provide that the decision
appealed against by the Member of Parliament shall have no
effect in law until the expiration of the period prescribed in that
law.

72. Where any person holding office in the service
of the Government which office is of the type mention in Article
67(2) (g) decides-
(a) to contest for election to the office of
President or any other office under this
Constitution; or

(b) to contest for leadership at any level in a
political party contrary to terms of
employment, the employment of such
person shall be considered to have ceased
from the date of his becoming a
candidate or of contesting for leadership
in the political party.

73. All Members of Parliament of all categories shall
hold office in accordance with this Constitution, and shall be
paid a salary, allowances and other remuneration in accordance
with a law enacted by Parliament.

Electoral Commission

74.-(1) There shall be an Electoral Commission of the
United Republic which shall consist of following members to be
appointed by the President:
(a) a Judge of the High Court or a Justice
of the Court of Appeal, who shall be
the chairman;
(b) a Vice-Chairman;
The Electoral Commission
Cessation of
employment of
civil servants on
contesting for
election
Act No. 4 of
1992 s.23
Act No. 12 of
1995 s.14

Terms of service
of Members of
Parliament Act No. 15 of
1984 s.2

Electoral
Commission
Act No. 4 of
1992, s. 24
Act No. 7 of
1993 s.?,

The Constitution of The United Republic of Tanzania 73

(c) other members to be specified by a law enacted by
Parliament.
(2) The President shall appoint the Vice – Chairman of the
Electoral Commission on the basis of the principle that where the
Chairman hails from one part of the Union, the Vice-Chairman shall
be a person who hails from the other part of the Union.
(3) The following persons shall not be eligible for
appointment as members of the Electoral commission, that is to say-
(a) a Minister or Deputy Minister;
(b) a person holding any kind of office specified by a
law enacted by Parliament prohibiting a person
holding such office to be appointed a member of
Electoral Commission;
(c) a Member of Parliament, a Councilor or other
person holding the kind of office specified by a law
enacted by Parliament in terms of the provisions of
paragraph (g) of sub-article (2) of Article 67 of this
Constitution: and
(d) a leader of any political party.
(4) Subject to the other provisions of this Article, a member of
the Electoral Commission shall cease to be a member whenever any
of the following occurs-
(a) upon the expiration of five years since his
appointment, or
(b) where anything happens which had he not been a
member of the Commission would have made him
ineligible for appointment to be a member of the
Commission.
(5) The President may remove a member of the Electoral
Commission from office only for failing to discharge his functions
either due to illness or any other

74

reason or due to misconduct or loss of the qualifications for being a
member.
(6) The responsibilities of the Commission shall be:
(a) to supervise and co-ordinate registration of voters in
Presidential and Parliamentary elections in the
United Republic;
(b) to supervise and co-ordinate the conduct of the
Presidential and Parliamentary election;
(c) to review the boundaries and demarcate the United
Republic into various areas for the purposes of
Parliamentary elections;
(d) to supervise and co-ordinate registration of voters
and the conduct of the election of (e) to perform any
other functions in accordance with a law enacted by
Parliament.
(7) For the better carrying out of its functions, the Electoral
Commission shall be an autonomous department, and its chief
executive shall be the Director of Elections who shall be appointed
and shall discharge duties accordance with a law enacted by
Parliament.
(8) Parliament may enact legislation providing the procedure
for supervising the election of Members of Parliament representing
constituencies.
(9) The Electoral Commission may discharge its functions
notwithstanding that there is a vacancy among its membership or
that one of its members is absent provided that every decision of the
Commission must be supported by a majority of all the members of
Commission.
(10) Parliament may enact legislation providing for the
procedure of appointing delegates to supervise elections of
constituency Members of Parliament
The Electoral Commission

The Constitution of The United Republic of Tanzania 75

and subject to the provisions of any legislation or the
directions of the Electoral Commission, the powers of the
Electoral Commission to supervise the elections may be
exercised by such delegates.
(11) In discharging its functions in accordance with the
provisions of this Constitution, the Electoral Commission shall
not be obliged to comply with orders or directions of any
person or any Government department or the views of any
political party.
(12) No court shall have power to inquire into
anything done by the Electoral Commission in the discharge
of its functions in accordance with the provisions of this
Constitution.
(13) In the discharge of its functions in accordance with
this Constitution, the Electoral Commission of the United
Republic shall, from time to time, consult with the Electoral
Commission of Tanzania Zanzibar.
(14) It is hereby prohibited for persons concerned with
the conduct of elections to join any political party, save only
that each of them shall have the right to vote which is
specified in Article 5 of this Constitution.

(15) For the purposes of sub-article (14) the persons
concerned with the conduct of elections are:

(a) the Chairman of the Electoral Commission
(b) the Vice-Chairman of the Electoral
Commission;
(c) all time members of the Electoral Commission;
(d) the Director of Elections together with all other
employees of Electoral Commission; and
(e) all supervisors of elections in all towns and
districts.

76

Constituencies

75.-(1) Subject to the other provisions of this Article, the
United Republic shall be demarcated into constituencies of such
number and in such manner as shall be determined by the Electoral
Commission after obtaining the consent of the President
(2) Subject to any relevant law, the Electoral Commission
shall have the power to demarcate boundaries of constituencies after
obtaining the consent the President.
(3) In demarcating the boundaries of constituencies, the
Electoral Commission shall take due account of the availability of
means of communication also the geographical conditions of the area
intended demarcation into constituencies.
(4) Subject to the provisions of this Constitution and any
law concerning the demarcation of the country into constituencies,
the Electoral Commission may from time to time and at least after
every ten years review demarcation of the United Republic into
constituencies and may alter the constituencies as a result of that
review or as result of a census conducted in the United Republic.
(5) If after a review of the demarcation of United Republic
into constituencies alterations are made in the constituencies, or in
the number of the Members of Parliament representing constituencies
or in the number of constituencies or the number of Members of
Parliament, then the resultant alteration in the number of Members of
Parliament representing those constituencies shall take effect when
Parliament is dissolved again following the occurrence of the
alteration in the number of constituencies or in the number of
Members of Parliament representing constituencies.
(6) Notwithstanding the other provisions of this Article, no
court shall have power to inquire into anything done by the Electoral
Commission in its discharge of the function of demarcating the
United Republic into constituencies.
Elections in constituencies
Constituencies Act No. 4 of
1992 s.24

The Constitution of The United Republic of Tanzania 77

Election and Appointment of Members of Parliament

76.-( 1) After every dissolution of Parliament there shall be held
an election of a Member of Parliament in every constituency.

(2) Likewise there shall be held an election of a Member
of Parliament in a constituency whenever the seat of any’
Member of Parliament representing that constituency falls
vacant for any reason not connected with the dissolution of
Parliament.
(3) Notwithstanding the preceding provisions of this
Article, it is hereby declared that where the date for dissolution
of Parliament has been proclaimed or is known on account of
the events specified in sub-article (3) of Article 90, then no such
election shall take place during the whole period of six months
immediately preceding the date of the dissolution of
Parliament.

77.-(1) Members of Parliament representing constituencies
shall be elected by the people in accordance with the provisions
of this Constitution and also the provisions of a law enacted by
Parliament pursuant to this Constitution to regulate the election
of Members of Parliament representing constituencies.
(2) Save where the Electoral Commission, in accordance
with the provisions of this Constitution or of a law enacted by
Parliament in that behalf directs otherwise, there shall be
elected only one Member of Parliament in a Constituency.
(3) Candidates for election to a constituency shall be
required to fulfil the following conditions:
(a) they shall be proposed, one each, by a political
party taking part in the election in that
constituency; and
(b) they shall have submitted their names to the
Electoral Commission in accordance with the
procedure laid down by a law enacted by
Elections in
constituencies
Act No. 15 o
f 1984 s.13
Procedure fo r re-election o f Members o f Parliamen t representin g Constituencies
Act No. 4 o f 1992 s.25

78
Parliament or procedures prescribed by
the Electoral Commission in accordance
with law.

78.-(1) For the purposes of the election of women Members of
Parliament mentioned in Article 66(1) (b), political parties
which took part in the election shall in accordance with the
procedure laid down propose to the Electoral Commission the
names of women on the basis of the proportional
representation among the parties which won elections in
constituencies and secured seats in the National Assembly. If
the Commission is satisfied that any person so proposed has
the qualifications to be Member of Parliament it shall declare
that that person has been elected Member of Parliament and
the provisions of Article 83 of this Constitution shall apply in
connection with the election of that person to be Member of
Parliament.
(2) No person may be proposed by any political party
for the purposes of election in accordance with this Article
save only if that person has the requisite qualifications for
election in terms of Article 67 of this Constitution.
(3) The names of the persons proposed to the Electoral
Commission in accordance with sub-article (1) shall be
declared to be the results of the election after the Commission
is satisfied that the relevant provisions of the Constitution and
of other legislation have been complied with.

79. The House of Representatives shall prescribe
the procedures which it shall follow for the purposes of the
election of Members of Parliament mentioned in Article 66(1)
(c) of this Constitution.

80. [Repealed by Act No.4 of 1992 Section 27].

81. Subject to the other provisions of this
Constitution, the Electoral Commission may make provisions
specifying the procedure to be followed by the political parties
for the purposes of electing and proposing
Women Members o f Parliamen t
Procedure for
election of women
Members of Parliament Act No. 4 of 1992
s.26

Procedure for
election of
Members by house
of Representatives
Act No. 15 of 1984
s.13

Procedure for proposing women
candidates
Act No.4 of 1992,
s.28

The Constitution of The United Republic of Tanzania 79

the names of the kind of Members of Parliament
provided for under Article 66(1) (b).

82. [Repealed by Act No.4 of 1992 section 29].

83.-(1) Every proceeding for the purposes of
determining the question whether-
(a) the election or appointment of any
person to be Member of Parliament
was valid or not; or
(b) a Member of Parliament has ceased
to be a Member of Parliament and his
seat in the National Assembly is
vacant, or not, shall, subject to the
provisions of sub-article (2) of this
Article, first be instituted and heard
in the High Court of the United
Republic.
(2) Where the Electoral Commission, in the
discharge of its functions in accordance with the
provisions of Article 41(3) of this Constitution has
declared any Member of Parliament to have been
elected President, then no court or any other body shall
inquire further into any question concerning the seat of
that Member of Parliament being vacant.
(3) Parliament may enact legislation
providing for the following matters:
(a) persons who may institute
proceedings in the High Court
seeking for determination of 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
Determination o f the validity of a
person’ s membership o f Parliamen t Act No. 14 of 1979 s.8
Act No. 15 of 1984
s.13
Act No. 14 of 1990 Act No. 4 of 1992 s.30

80

every such proceeding; and
(c) prescribing the powers of the High Court over such
proceedings and specifying the procedure for the
hearing of the matter itself.
(4) There shall be a right of appeal to the Court of Appeal of
Tanzania against a decision of the High Court in any matter which
was heard in accordance with the provisions of this Article.

PART THREE
PROCEDURE, POWERS AND PRIVILEGES OF
PARLIAMENT

Speaker and Deputy Speaker

84.-(1) There shall be a Speaker of the National Assembly
who shall be elected by the Members of Parliament from among
persons who are Members of Parliament or who are qualified to be
Members of Parliament he shall be the Leader of the National
Assembly and shall represent the National Assembly in all other
institutions and meetings outside the National Assembly.
(2) A Minister, a Deputy Minister or a person holding any
other office prescribed by a law enacted by Parliament for the
purposes of this Article may 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
terms of the provisions of paragraph (d) of sub-article (2) of Article
67. The declaration shall be made in a special form prescribed in
accordance with a law enacted by Parliament.
(4) The President shall transmit to the Ethics Commissioner
a copy of every formal declaration

The Speake r
Speaker and
his functions
Act No. 15 o f
1984 s. 14
Act No. 4 of
1992 s.31
Act No. 12 o f
1995 s.15

The Constitution of The United Republic of Tanzania 81
submitted to him in accordance with the provisions of sub-
article (3) of this Article.
(5) The Speaker shall be required to submit to the
President two copies of a formal statement regarding his
property and that of his spouse. The Speaker shall submit
such statement in a special form prescribed for that purpose in
accordance with a law enacted by Parliament, and shall
submit such statement from time to time as shall be directed
by that law.
(6) The provisions of sub-articles (2) and (3) of Article
70 shall apply, mutatis mutandis, to any statement regarding
property submitted by the Speaker in accordance with the
provisions of this Article.
(7) The Speaker shall cease to be Speaker and shall
vacate his office upon the occurrence of any of the following
events:
(a) where that person was elected from
among Members of Parliament, he ceases
to be a Member of Parliament for any
reason other than the dissolution of
Parliament; or
(b) if anything happens which, had he not
been Speaker, would disqualify such
person from election, or make him lose
the qualifications for being elected
Speaker; or
(c) when the National Assembly meets for
the first time after a General Election held
following the dissolution of Parliament,
provided that the provisions of this
paragraph shall operate subject to the
provisions of sub-article (4) of Article 90
of this Constitution; or
(d) if that person is removed from the office
of Speaker by a resolution of the National
Assembly supported by not less than two-
thirds of all

82

Members of Parliament;
(e) if that person fails to submit to President a formal
declaration in accordance with the provisions of
sub-article (3) of this Article; or
(f) if that person is convicted of the offence of perjury
contrary to provisions of the Penal Code concerning
any formal declaration submitted in accordance
with the provisions of sub-article (3) of this Article;
or
(g) if that person fails to submit to the President a
statement regarding property in accordance with
sub (5) of this sub – article before the expiration of
the period stipulated for that purpose in accordance
with a law enacted by Parliament; or
(h) if it is proved that that person contravened the
provisions of the law concerning the ethics of public
leaders.
(8) No business, other than the election of Speaker, shall be
conducted in the National Assembly while the office of Speaker is
vacant.
(9) Any person, not being a Member Parliament, who is
elected Speaker shall be required before commencing to discharge the
functions of his office to take and subscribe the oath of allegiance
before National Assembly.

85.-(1) There shall be a Deputy Speaker of the National
Assembly who shall be elected by Members from among Members of
Parliament.
(2) A Minister, a Deputy Minister or a person holding any
other office prescribed by a law enacted Parliament for the purpose of
this Article, may not be elected
Deputy
Speaker
Act No. 15
of 1984
s. 14

The Constitution of The United Republic of Tanzania 83
Deputy Speaker.
(3) Members of Parliament shall elect a Deputy Speaker
on the following occasions:
(a) when the National Assembly meets for the first
time following a general election, or as soon as
possible thereafter; and
(b) at the first sitting of the National Assembly after
the office of 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
and shall vacate the office of Deputy Speaker upon the occurrence
of any of the following events:
(a) if that person ceases to be a Member of
Parliament; or
(b) if anything happens which, had he not been
Deputy Speaker would have disqualified him
from election or would make him lose the
qualifications for being elected Deputy Speaker; or
(c) if that person is removed from the office of
Deputy Speaker by a resolution of the National
Assembly.

86.-(1) There shall be held an election of the Speaker at the
first sitting of the first meeting of a New Parliament and at any
first sitting of the National Assembly 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
Parliament, which time shall be appointed by

Procedure fo r electing Speake r and Deput y Speake r Act No. 15 o f 1984 s.14

84

the National Assembly, and during the first sitting of the
National Assembly immediately after the office of Deputy
Speaker falls vacant.
(3) The election of a Speaker as well as that Deputy
Speaker shall be by secret ballot and shall conducted in
accordance with the procedure prescribed by the Standing
Orders of the National Assembly.

Office of Parliament

87.-(1) There shall be a Clerk of the National Assembly
who shall be appointed by the President among persons
holding high office in the service of Union Government.
(2) The Clerk of the National Assembly shall be Chief
Executive in the office of the National Assembly, and shall be
responsible for the efficient discharge of business of
Parliament in conformity with the provisions of this
Constitution and of the relevant law.

88.-(l) There shall be a Secretariat of the Assembly which
shall consist of such number of offices within the service of the
Government as the President may direct.
(2) The Secretariat of the National Assembly shall
consist of officers of such number and grades as may be
determined from time to time by the relevant Service
Commission after consultation with the Clerk of the National
Assembly.
(3) The Secretariat of the National Assembly, under the
leadership of the Clerk of the National Assembly, shall
discharge all duties and functions prescribed or as may be
necessary for the purpose of ensuring the efficient discharge
by the National Assembly and Members of Parliament of the
functions of Parliament under this Constitution.

Procedure in the National Assembly

89.-(l) Subject to the provisions of this Constitution, the
National Assembly may make Assembly

Office of Parliamen t
Clerk of the National Assembly Act No. 15 of 1984
s.14

The Secretariat of
the National
Assembly Act No. 15 of 1984
s.14

Standing Orders o
f
the National
Act No. 15 of 1984
s.14

The Constitution of The United Republic of Tanzania 85
Standing Orders for the purpose of prescribing procedure for
the conduct of its business.
(2) Standing Orders made pursuant to this Article
may prescribe procedure for the supervision of the discharge
of the functions of the Secretariat of the National Assembly
and also of the discharge of the business of the National
Assembly in the National Assembly and those of its
committees and sub-committees.

90.-(l) After a general election, the President shall
summon a New Parliament to meet before the expiration of
seven days following the declaration of the results of the
general election in all constituencies save in those
constituencies where the elections are countermanded and
commenced afresh.
(2) ‘The President shall not have power to dissolve
Parliament at any time save only-
(a) if the life of Parliament has expired in terms
of Article 65 of the Constitution or at any time
within the last twelve months of the life of
Parliament, save only if the Speaker receives a
formal notice under Article 46A of this
Constitution proposing the formation of a
Special Committee of Inquiry with a view to
impeaching the President;
(b) if the National Assembly refuses to approve
a budget proposed by the Government;
(c) if Parliament fails to pass a Bill in terms of
the provisions of Article 97 (4);
(d) if the National Assembly declines to pass a
motion which is of fundamental importance
to Government policies and the
Summoning an d
dis solution o f Parliamen t Act No. 15
of 1984 s.14
Act No. 20
of 1992 s.13

86

President considers that the way out is not to
appoint another Minister but to call for a general
election; or
(e) if, having regard to the proportional representation
of political parties in National Assembly the
President considers that it is no longer legitimate for
the Government in power to continue in office, and
it is not feasible to form a new Government.
(3) Upon the expiration of the life of Parliament,
Parliament shall stand dissolved: Save that if the life of
Parliament expires at any time when the United Republic is at
war, the National Assembly may, from time to time, extend the
period mentioned in Article 65 of this Constitution for a period
not exceeding twelve months each time; provided that the life
of Parliament shall not be extended under the provisions of this
sub-article for a period of more than five years.
(4) If an emergency arises or exists which, in the opinion of
the President, necessitates the summoning of a Parliament at a
time when Parliament stands dissolved, and the majority of
results in the general election following the dissolution have
not been declared, the President may by Proclamation,
summon Parliament and direct that the Speaker and all the
persons who were the Members of Parliament immediately
before the dissolution of Parliament attend such meeting of
Parliament and such persons together with the Speaker shall be
deemed to be the Members of the National Assembly for the
purposes of that meeting and shall be so deemed until
midnight of the day the majority of the results of the general
election are declared.

91.-(1) The President shall address the New Parliament at
its first meeting and inaugurate it.
(2) Subject to the provisions of sub-article (1), the
President may, at any time, address the National
President may
address
Parliament Act No. 15 of
1984 s.14

The Constitution of The United Republic of Tanzania 87
Assembly or send to the House a communication which shall
be read by a Minister

92.-(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 as the President may
designate in that behalf.
(2) The first meeting of the National Assembly in the
life of Parliament shall commence on the day for which
Parliament is summoned to meet, and every subsequent
meeting shall commence on such date as may be specified by
the National Assembly or on 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.

93. Every sitting of the National Assembly shall be
presided over by any one of the following persons, that is to
say-
(a) the Speaker; or
(b) if the Speaker is absent, the Deputy Speaker; or if
both the Speaker and the Deputy Speaker are absent,
any Member of Parliament who has been elected for
that purpose, but a Minister or a Deputy Minister or
a person holding any other type of office specified
by any law enacted by Parliament for the purpose of
this Article may not be elected under the provisions
of this paragraph.

94.-(1) The quorum at every sitting of the National
Assembly shall be half of all the Members of Parliament

(2) Except where it is provided otherwise in

Meetings of the
Nationa l Assembl y Act No. 15 o f 1984, s.14
Presiding a t sitting of the
Nationa l Assembl y Act No. 15 o f 1984 s.14
Quorum at the
sittings o f Nationa l Assembl y Act No. 15 o f 1984 s.14

88

this Constitution, 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.
(3) The Speaker, Deputy Speaker or any other person
presiding over the sitting of the National Assembly shall not
have a deliberative vote but shall have a casting vote in the
event of an equality of votes.
(4) The Standing Orders of the National Assembly may
provide that any Member of Parliament who votes on any
matter in which he has a personal interest shall be deemed not
to have voted.

95. The National Assembly may conduct business during
its sittings notwithstanding any vacant seat in the National
Assembly (whether the seat became vacant since or after the
first meeting following the General Election) and if in such
business any person who is not entitled takes part or if during
that business any person who is not entitled is present, then the
participation or presence of that person shall not invalidate the
business.

96.-(1) The National Assembly may establish various
Standing Committees as it may deem appropriate for the better
discharge of its functions.

(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.

Legislative Procedure

97.-(1) Subject to the provisions contained in this
Constitution, the National Assembly shall exercise its legislative
power through the process of debating and passing Bills which
eventually shall have to be assented to by the President, and a
Bill shall not become law unless it is so passed by the National
Assembly and assented to by the President in accordance with
the provisions of this Article.

Legislative Procedure
Vacant seats in
the National
Assembly Act No. 15 of
1984 s.14

Standing
Committees of
the National
Assembly Act No. 12 of
1995 s.16

How to legislate Act No. 15 of
1984, s.14

The Constitution of The United Republic of Tanzania 89

(2) After a Bill is presented to the President for his
assent, the President may either assent to the Bill or withhold his
assent, and in the event the President with holds his assent to a
Bill, he shall return it to the National Assembly together with a
statement of his reasons for withholding his assent to the Bill.
(3) After a Bill is returned to the National Assembly
pursuant to the provisions of this Article, it shall not be
presented again to the President for his assent before the
expiration of six months since it was so returned, except if at the
last stage in the National Assembly before it is again presented to
the President it is supported by the votes of not less than two-
thirds of all the Members of Parliament.
(4) If a Bill is returned to the National Assembly by the
President, and it is then supported in the National Assembly by
not less than two-thirds of all Members of Parliament as
provided in sub-article (3) and it is presented a second time to
the President for assent within six months of its being so
returned, then the President shall be obliged to assent to the Bill
within twenty-one days of its being presented to him, otherwise
he shall have to dissolve Parliament.
(5) The provisions contained in this Article or in Article
64 of this Constitution shall not prevent Parliament from
enacting laws making provisions conferring on any person or
department of Government the power to make regulations
having the force of law or conferring the force of law on any
regulations made by any person, or any department of
Government.

98.-(1) Parliament may enact legislation for altering any
provision of this Constitution in accordance with the following
principles:
(a) A Bill for an Act to alter any provisions of
this Constitution (other than those relating

Procedure fo r
altering
Constitution
and certain
laws
Act No. 15 o
f
1984 s.14

90

to paragraph (b) of this sub-article) any provisions
of any law specified in List One of the Second
Schedule to this Constitution sha11 be supported by
the votes of not less than two-thirds of all the
Members of Parliament;
(b) A Bill for an Act to alter any provisions of this
Constitution or provisions of any law relating to of
the matters specified in List Two of the Second
Schedule to this Constitution shall be passed only if
is supported by the votes of not than two-thirds of
all Members Parliament from Mainland and
Tanzania and not less than two-thirds of Members
of Parliament from Tanzania Zanzibar.
(2) For the purposes of construing the of sub-article (1),
alteration of provisions of Constitution or the provisions of a law
shall be understood to include modification, or correction of those
provisions or repeal and replacement of those provisions or re-
enactment or the modification of the application of provisions.

99.-(1) The National Assembly shall not deal with any of the
matters to which this Article relates except if President has proposed
that the matter be dealt with by the National Assembly and the
proposal has been submitted the National Assembly by a Minister.
(2) The matters to which this Article relate are the following:
(a) a Bill to enact a law providing for any of the
following
(i) to levy a tax or to alter otherwise than by
reduction
(ii) the imposition of any
Legislative Procedure
Procedure for
legislation
in financial
matters
Act No. 15
of 1984
s.14

The Constitution of The United Republic of Tanzania 91
charge upon the Consolidated
Fund or any other public fund or
the alteration of any such charge
otherwise than by reduction;
(iii) the payment, issue or withdrawal
from the Consolidated Fund or
any other public fund of any
moneys not charged thereon, or
any increase in the amount of such
payment, issue or withdrawal;
(iv) the composition or remission of
any debt due or payable to the
United Republic;
(b) a motion or any amendment of a motion for
the purposes of any of the matters referred
to in paragraph (a) of this sub-article.
(3) The provisions of this Article shall not apply to a Bill
or any amendment to a Bill introduced by or a motion or an
amendment to a motion moved by a Minister or a Deputy
Minister.

Powers and Privileges of Parliament

100.-(1) There shall be freedom of opinion, debate in the
National Assembly, and that freedom shall not be breached or
questioned by any organ in the United Republic or in any court or
elsewhere outside the National Assembly.
(2) Subject to this Constitution or to the provisions of any
other relevant law, a Member of Parliament shall not be
prosecuted and no civil Proceedings may be instituted against him
in a court in relation to any thing which he has said or done in the
National Assembly or has submitted to the National
Freedom an d immunity from
proceedings
Act No. 15 o
f 1984, s.14

92

Assembly by way of a petition, bill, motion or otherwise.

101. Parliament may enact a law making provisions to enable
the court and the law to preserve and enforce freedom of opinion,
debate and procedure of business in the National Assembly which in
terms of Article 100 is guaranteed by this Constitution.

CHAPTER FOUR
THE REVOLUTIONARY GOVERNMENT
OF ZANZIBAR,
THE ZANZIBAR REVOLUTIONARY
COUNCIL AND THE
HOUSE OF REPRESENTATIVES
OF ZANZIBAR

PART I
THE REVOLUTIONARY GOVERNMENT
OF ZANZIBAR
AND THE PRESIDENT OF ZANZIBAR

102.-( 1) There shall be an Executive for Zanzibar which shall
Government be known as “the Revolutionary Government of
Zanzibar” which shall have authority in Zanzibar over all matters
which are not Union matters in accordance with the provisions of
this Constitution.
(2) Subject to the provisions contained in and the following
Articles in this Chapter of this Constitution the Revolutionary
Government of Zanzibar; shall be constituted and shall exercise its
authority accordance with the provisions of this Constitution and the
Constitution of Zanzibar, 1984
The Revolutionary Governmen t
Preservation
and
enforcement
of freedom of
debate and
procedure Act No. 15 of
1984 s.14

The
Revolutionary
Government
of Zanzibar
and its
jurisdiction Act No. 45 of
1980 s.55
Act No. 15 of
1984, s.14 Ac t No. 34 of
1994 s.16

The Constitution of The United Republic of Tanzania 93
103.-(1) There shall be a Head of the Executive for
Zanzibar who shall be the President of Zanzibar and Head of the
Revolutionary Government of Zanzibar and also the Chairman of
the Zanzibar Revolutionary Council.
(2) The Head of the Revolutionary Government of,
Zanzibar shall, before assuming office, subscribe the oath before
the Chief Justice of Zanzibar to protect and defend the
Constitution of the United Republic and any other oath in
accordance with the Constitution of Zanzibar in connection with
the execution of his duties, and then shall assume office and
discharge those functions in accordance with the provisions of
this Constitution and the Constitution of Zanzibar 1984.
(3) In addition to his other powers, the Head of the
Revolutionary Government of Zanzibar shall have the power to
appoint and assign responsibilities to Ministers and Deputy
Ministers of the Revolutionary Government of Zanzibar.

104.-(1) The Head of the Revolutionary Government of
Zanzibar shall be elected by the people in Tanzania Zanzibar in
accordance with the provisions of the Constitution of Zanzibar
1984, and in accordance with the procedure prescribed by
legislation enacted by the House of Representatives of Zanzibar
which relates to the election in general or to the election of the
Head of the Revolutionary Government of Zanzibar
(2) Subject to the other provisions of this
Constitution, the office of the Head of the Revolutionary
Government of Zanzibar shall be vacant, and the election of the
Head of the Revolutionary Government of Zanzibar shall be held
to fill the vacancy upon the occurrence of any of the following
events:

(a) the dissolution of the House of Representatives;

(b) the resignation of the Head of the Revolutionary
Government of Head of the Revolutionary
Government o f Zanzibar an d
his authority
Act No. 15 o
f
1980 s.14
Act No. 34 o
f
1994 s.17
Election of the Head of the Revolutionary
Government o f Zanziba r
Act No. 1 of
1980 s.11
Act No. 15 o
f
1984 s.14
Act No. 16 o
f
1990 s.2
Act No. 16 o
f
1990 s.2
Act No. 20 o
f
1992 s.14

94

Zanzibar without first dissolving the House of
Representatives;
(c) the disqualification of the Head of the
Revolutionary of Zanzibar from elective office;
(d) the impeachment of the Head Revolutionary
Government Zanzibar by the House of
Representatives in accordance the Constitution of
Zanzibar, 1984 and his removal from office;
(e) the certification pursuant to the Constitution of
Zanzibar, 1984, that the Head of the Revolutionary
Government of Zanzibar is to discharge his duties
and functions; or
(f) the death of Revolutionary Government of
Zanzibar.

PART II
THE ZANZIBAR REVOLUTIONARY COUNCIL

105.-(l) There shall be a Zanzibar Council which shall consist of
the following members:
(a) the Chairman of the Revolutionary Council;
(b) the Chief Minister of the Revolutionary
Government of Zanzibar:
(c) all Ministers of the Revolutionary Government of
Zanzibar:.
(d) other members to be appointed by the Chairman of
Revolutionary Council in accordance
The Zanzibar Revolutionary Counci l
The Zanzibar Revolutionary
Council and its
functions Act No.1 of 1980
s.12
Act No. 15 of
1984, s.18

The Constitution of The United Republic of Tanzania 95

with the provisions of the Constitution of
Zanzibar, 1984
(2) Without prejudice to the powers of the Chairman of
the Revolutionary Council as Head of the Revolutionary
Government of Zanzibar, the Revolutionary Council shall be
the principal organ for advising the Head of the Revolutionary
Government of Zanzibar regarding all matters concerning the
exercise of his functions of leadership and supervision over the
affairs of the Executive for Zanzibar and also in the discharge of
his functions over all affairs of Government concerning all
matters which are not Union Matters in accordance with the
provisions of this Constitution and those of the Constitution of
Zanzibar 1984.

PART III
THE HOUSE REPRESENTATIVES
ZANZIBAR

106.–(1) There shall be a House of Representatives of
Zanzibar. The House of Representatives shall comprise two
parts: one part shall consist of Members of the House elected or
appointed in accordance with the provisions of the Constitution
of Zanzibar, 1984, and shall be referred to as Representatives;
the other part of the House of Representatives shall be the
Head of the Revolutionary Government of Zanzibar in the
exercise of his functions pursuant to the provisions of this
constitution and the provisions of the Constitution of Zanzibar
1984.
(2) Whenever pursuant to the provisions of this
Constitution, the provisions of the Constitution of Zanzibar,
1984, or the provisions of any law enacted and in force in
Zanzibar, any matter requires
to be decided or done by both
parts of the house of Representatives, then that matter shall not
be to have been duly decided and done unless it is decided and
done unless it is decided or done by the Members of
The House o f Representatives o f
Zanzibar and its
legislative
functions
Act No. 1
of 1980 s.93

96

the House of Representatives and also by the Head of the
Revolutionary Government of Zanzibar in accordance with
their respective authority in relation to that matter
(3) All legislative authority in Zanzibar over all
matters which are not Union Matters is hereby vested in the
House of Representatives of Zanzibar.

107.-(1) The President of Zanzibar as one part of the
House of Representatives of Zanzibar shall exercise the
authority vested in him by this Constitution and also by the
Constitution of Zanzibar 1984, for that purpose.
(2) The members of the House of Representatives as
the second part of the House Representatives shall be the
principal organ for Tanzania Zanzibar which shall have
authority on behalf of the people in Tanzania Zanzibar to
oversee and advise the Revolutionary Government of
Zanzibar and all its organs in the discharge of their
respective responsibilities accordance with this Constitution
and the Constitution Zanzibar, 1984.
(3) For the purposes of discharging its
functions, the House of Representatives may-
(a) put to any Minister of Revolutionary
Government Zanzibar any question
concerning public affairs in Tanzania Zanzibar
which are within his responsibility.
(b) debate on the performance of each Ministry of
the Revolutionary Government of Zanzibar
during the annual budget session of the
House of Representatives;
(c) deliberate upon and authorize any long or
short term plan which is intended to be
implemented in Tanzania Zanzibar and enact
a law to regulate the implementation of that
plan;

Authority of House
of Representatives
Act No. 15 of 1984,
s.20
Authority of House of Representatives

The Constitution of The United Republic of Tanzania 97

(d) enact legislation where
implementation requires legislation.

CHAPTER FIVE
THE HIGH COURT OF THE UNITED REPUBLIC,
THE JUDICIAL SERVICE COMMISSION FOR
MAINLAND TANZANIA, THE HIGH COURT
FOR ZANZIBAR, THE COURT OF
APPEAL OF THE UNITED REPUBLIC AND
THE SPECIAL CONSTITUTIONAL
COURT OF THE UNITED REPUBLIC

PART I
TILE HIGH COURT OF THE UNITED REPUBLIC

108.-(1) There shall be a High Court of the United
Republic (to be referred to in short as “the High Court”) the
jurisdiction of which shall be as specified in this Constitution
or in any other law.
(2) If this Constitution or any other law does not
expressly provide that any specified matter shall first be heard
by a court specified for that purpose, then the High Court
shall have jurisdiction to hear every matter of such type.
Similarly, the High Court shall have jurisdiction to deal with
any matter which, according to legal traditions obtaining in
Tanzania, is ordinarily dealt with by a High Court; save that,
the provisions of this sub-article shall apply without prejudice
to the jurisdiction
of the Court of Appeal of Tanzania as
providing for in this Constitution or in any other law
High Court o f the Unite d Republic an d its jurisdiction
Act No. 14 o f 1979 s. 6

98
109.-( 1) There shall be a Principal Judge of the High
Court (who in the following provisions of the
Constitution shall be referred to as the “Principal Judge)
and other Judges of he High Court who shall be not less
than fifteen.
(2) The Principal Judge and other Judges of the High
Court shall be appointed by the President after
consultation with the Judicial Service Commission.
(3) Subject to the provisions of this Constitution or any
other law concerning the powers of the Chief Justice who
is referred to in Article 118, the Principal Judge shall be
the special assistant to the Chief Justice the administration
of the High Court and of all the other courts subordinate
to it, and in the discharge of the functions of that office,
the Principal Judge shall perform such functions and
duties as he may, from time to time, be instructed or
directed by the Chief Justice and, for the purposes of this
Article, the Principal Judge shall also be known as the
Head of the High Court.
(4) In addition to his ordinary powers as a Judge of the
High Court, the Principal Judge shall also have power to
perform all such duties and functions related to the
jurisdiction of the High Court which, in accordance with
the legal traditions applicable, are matters which are
required to be performed by the head of the High Court:
save that the provisions of this sub-article shall not apply
in relation to the discharge of duties or functions which,
in terms of the provisions of this Constitution or of any
other law or accordance with legal traditions obtaining in
Tanzania are expressly stated or are deemed to be the
duties or functions required to be performed only by the
Chief Justice.
(5) For the avoidance of doubt in relation to the
interpretation or application of the provisions of sub-
article (3) and (4), of this Article, it is hereby declared that
except where this Constitution or any other law provides
otherwise, the Chief Justice may, from time to time, give
the Principal Judge directions or instructions concerning
the discharge of his duties and functions as head of the
High Judges of the High Court an d
their
appointment
Act No. 14 of
1979 s.6
Act No. 15 of
1984, s.22
Act No. 14 of
1990 s.5
Judges of the High Cour t

The Constitution of The United Republic of Tanzania 99

Court. Likewise the Chief Justice may delegate to the Principal
Judge some of his administrative and supervisory powers in
relation to the discharge of functions in the High Court and in all
other courts subordinate to it, and whenever necessary the Chief
Justice may himself discharge directly any of the functions so
delegated to the Principal Judge.

(6) The office of Judge of the High Court shall not be
abolished while there is a person holding that office.

(7) Subject to the provisions of sub-article (9) of this
Article a person may only be appointed Judge of the High Court
if he has special qualifications as defined in Sub-article (8) of this
Article, and has held one of those special qualifications for a
period of not less than five years.

(8) For the purposes of construing sub-articles (7), (9)
and 11) of this Article “special qualifications” means the
qualifications prescribed in the Advocates Ordinance (or any
other law amending or replacing that Ordinance) one of which a
person must possess in order to qualify for enrolment as an
advocate in Mainland Tanzania.

(9) Where the President is satisfied that a person holding
one of the special qualifications has not held that qualification for
a period of not less than five years, but that that person has the
ability, knowledge and in every respect is suitable for
appointment as Judge of the High Court, and there are reasons
which make such person deserve to be so appointed, then the
President may dispense with the requirement that such person
shall have held the special qualifications for a period of not less
than five years, and may after consultation with the Judicial
Service Commission appoint that person Judge of the High Court

(10) In the event that the office of Principal Judge falls
vacant or that the Principal Judge is for any reason unable to
perform the functions of his office, then,

Cap 341

100

those functions shall be performed by one of the Judges who shall be
appointed by the President for that purpose and that Judge so
appointed shall perform those functions until a new Principal Judge is
appointed and assumes the office of Principal Judge, or until the
Principal Judge who was unable to perform his functions resumes
office.
(11) In the event that the office of any Judge falls vacant or
that any Judge is appointed Acting Principal Judge or is for any
reason unable to perform the functions of his office, or if the Chief
Justice advises the President that the state of business then obtaining
in the High Court requires the appointment of an Acting Judge, the
President may after consulting the Chief Justice in the usual manner,
appoint an Acting Judge from amongst persons holding the special
qualifications:
Provided that-
(a) a person shall not be deemed to be disqualified from
appointment in accordance with the provisions of
this sub-article for the reason only that he has
attained the age specified sub-article (1) of Article
110 of this constitution.
(b) for the purpose of appointing an Acting Judge in
accordance with the provisions of this sub-article,
the President may dispense with the requirement of
holding the special qualifications for a period of five
years for the same reasons as those set out sub-
article (9) of this Article.
(12) Any person appointed Acting Judge pursuant to the
provisions of sub-article (1) of this Article shall continue to hold the
office of Acting Judge for any period so specified in his appointment
or if no period is specified, until his appointment is revoked by the
President, but notwithstanding that his term of office has expired or
that his appointment has been revoked, that
Judges o f the Hi gh Cour t

The Constitution of The United Republic of Tanzania 101
person may continue to perform functions as Acting Judge until
he has completed the preparation and delivery of a decision or
until he completes any other business connected with matters
which he had started hearing before his term of office expired
or before his appointment was revoked.

110.-(1) Every Judge of the High Court shall vacate office
on attaining the age of sixty years, but the provisions of this
sub-article shall apply subject to the subsequent provisions of
this Article.

(2) Any Judge of the High Court may vacate office in the
service of the United Republic at any time on attaining the age
of fifty five years except where the President directs that he
should not vacate office, and if the President so directs, then the
Judge to whom the directions of the President relate shall not be
entitled to vacate office until the expiry of the period specified
by the President for that purpose.

(3) In the event that the President considers it to be in
the public interest that a Judge who has attained sixty years of
age continues in office, and the Judge agrees in writing to
continue in office, then the President may direct that the judge
continues in office for any period which may be specified by the
President.

(4) Notwithstanding that a Judge has attained the age
at which he is required by the provisions of this Article to
vacate office, a person who was holding the office of Judge of
the High Court may 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 matters which he had started
hearing before attaining that age.

(5) A Judge of the High Court may be removed from
office only for inability to perform the functions of his office
(either due to illness or to any other reason) or for misbehavior
inconsistent with the ethics

Tenure of office
of Judges of the
High Cour t
Act No. 14
of 1979 s.6,
Act No. 15 o
f
1984,
ss.22 and 23
Act No. 12
of 1995, s.1
7

102

of office of Judge or with the law concerning the ethics of public
leaders and he shall not be so removed except in accordance with the
provisions of sub-article (7) of this Article.

(6) If the President considers that the question of the removal
of a Judge from office needs to be investigated, then the procedure
shall be as follows:
(a) the President shall appoint a Tribunal which will
consist of a Chairman and not less than two
members. The Chairman and at least half of the
other members of the Special Tribunal shall be
persons who are Judges of the High Court or of the
Court of Appeal in any country within the
Commonwealth;

(b) the Special Tribunal shall investigate the matter and
make a report to the President, advising on the
whole matter, and shall advise him who or not the
Judge concerned should be removed from office in
accordance with the provisions of this Article on the
grounds of inability to perform his functions due to
illness or any other reason or on grounds of
misbehavior.

(7) If the Special Tribunal appointed in accordance with the
provisions of sub-article (6) advises the President that the Judge the
subject of investigation by the Special Tribunal be removed from
office on grounds of inability to perform functions due to illness or
any other reason or on grounds of misbehavior, then the President
shall remove that Judge from office.
(8) If the question of removing a Judge from office has been
referred to a Special Tribunal for investigation pursuant to the
provisions of sub-article (6) of this Article, the President may suspend
the Judge

Tenure of office of Judges

The Constitution of The United Republic of Tanzania 103

concerned from duty, and the President may at any time rescind
the decision to suspend such Judge, and in any case such
decision shall lapse if the Special Tribunal advises the President
that the Judge be not removed from office.

(9) The provisions of this article shall be without
prejudice to the provisions of sub-article (12) of article 109 of this
Constitution.

111. A Judge of the High Courts shall not assume the functions of
his office until he has first taken and subscribed the oath of
allegiance and also such other oath concerning the discharge of
his duties as may be prescribed in accordance with a law enacted
by Parliament.

PART II
POWER TO APPOINT MAGISTRATES AND
OTHER
JUDICIAL OFFICERS IN MAINLAND
TANZANIA AND
THE JUDICIAL SERVICE COMMISSION

112.-(1) There shall be a Judicial Service Commission for
Magistrates and other Judicial Officers in Mainland Tanzania.
The members of the Commission shall be the following:

(a) the Chief Justice who shall be the
Chairman;

(b) the Attorney-General;

(c) a Justice of the Court of Appeal of
Tanzania who shall be appointed in
that behalf by the President after
consultation with the Chief Justice;

(d) the Principal Judge of the High
Court; and

Judges’ oath of
office
Act No. 14 of
1979, s.6
Act No. 15 of
1984, s.22
Judicial Service
Commission
Act No. 14 o
f 1970, s. 7 Act No. 15 o f 1984, s.22
Act No. 14 o f 1990 s. 6

104

(e) two members who shall be appointed by the
President.

(2) A person shall not qualify to be appointed member of the
Commission under the provisions of paragraph (e) of sub-article
(1) of this Article, if he is a Member of Parliament or the holder of
any other office prescribed in that behalf by a law enacted by
Parliament

113.-(1) Subject to the provisions of any law enacted by
Parliament concerning the appointment of magistrates and other
Judicial officers, the division of power for that purpose shall be as
follows:
(a) the power to appoint persons to hold
offices prescribed in sub-article (2) of
this Article (including the power to confirm such
persons in office and to promote them) is hereby
vested in the President;
(b) the exercise of disciplinary power over such
persons and the power to remove them from office,
is hereby vested in the Judicial Service Commission
referred to in Article 112 of this Constitution.
(2) The offices to which this Article applies are the
offices of the Registrar of the Court of Appeal of Tanzania and his
Deputy of any grade, the offices of the Registrar of the High Court
and his Deputy of any grade, the office of Resident Magistrate and
of a magistrate of any other category, and any other office
connected with any court (other than a court-martial) as may be
specified by a law enacted by Parliament in accordance with the
provisions of this Constitution.

113A. It is hereby prohibited for a Justice of the Court of
Appeal, a Judge of the High Court or a magistrate of any grade to
join any political party save only that he
Membership in political parties
Power to
appoint
Magistrates
and other
judicial
officers
Act No. 14 of
1979 s.7
Act No. 15 of
1984 s.22

Membership
of judicial
officers in

The Constitution of The United Republic of Tanzania 105

shall
have the right to vote which is specified in Article 5 of this
Constitution.

PART III
THE HIGH COURT OF ZANZIBAR

114.-For the purposes of construing the provisions of this
Chapter of this Constitution, it is hereby declared that the
provisions contained in this Chapter do not prevent the
continuance or establishment, in accordance with the law
applicable in Zanzibar of the High Court of Zanzibar or courts
subordinate to it.

115.-(1) Subject to Articles 83 and 116 of this Constitution,
the jurisdiction of the High Court of Zanzibar shall be as
specified in the laws applicable in Zanzibar.

(2) Subject to the provisions of this Constitution or of
any other law enacted by Parliament, where any law enacted by
Parliament and which is applicable in Mainland Tanzania and
also in Tanzania Zanzibar vests any power in the High Court,
then the High Court of Zanzibar may exercise that power
concurrently with the High Court of the United Republic.

PART IV
THE COURT OF APPEAL OF THE UNITED
REPUBLIC

116.-(1) In this Fourth Part of the Fifth Chapter of this
Constitution, and in the other parts of this Constitution, unless
the context requires otherwise “the Judiciary” means the Court
of Appeal of the United Republic referred to in Article 117 of
this Constitution (or in short the Court of Appeal), the High
Court of the United Republic referred to in Article 108 of

Politica l
parties
Act No. 34 o
f
1994, 3.19
The High
Court o
f Zanziba r
Act No. 15 of
1984 s.22
Jurisdiction
of the High
Court o
f Zanziba r
Act No. 15 of
1984 s.22 and
s.25
Interpretation
Act No. 15 o f
1984 s.25 and s.26

106

this Constitution (or in short the High Court) together with
any other court subordinate to the High Court;
“Chief Justice” means the Chief Justice of the Court
of Appeal, and includes an Acting Chief Justice or a Justice
of Appeal temporarily deputizing for or performing the
functions of Chief Justice;
“Justice of Appeal” means a Justice of the Court of
Appeal.

(2) Subject to the provisions of sub-article (3),
tic Chief Justice shall have no power over any matter
concerning the structure and administration of the day-to-
day business of the courts established in accordance with
the Constitution of Zanzibar, 1984, or any law Tanzania
Zanzibar.

(3) The Chief Justice shall from time to time
consult with the Chief Justice of Zanzibar concerning the
administration of the business of the Court of Appeal in
general, and also concerning the appointment of Justices of
Appeal.

117.-(1)There shall be a Court of Appeal of the
United Republic (to be referred to in short as “the Court
Appeal”) which shall have the jurisdiction of the Court of
Appeal as provided in this Constitution or any other law.
(2) The Court of Appeal shall not have any
jurisdiction in arbitration of any matter which is to be dealt
with in accordance with the provisions of Article 126 of this
Constitution concerning a dispute between this
Government of the United Republic and the Revolutionary
Government of Zanzibar.
(3) The functions of the Court of Appeal shall
be to hear and determine every appeal brought before it
arising from the judgment or other decision of the High
Court or of a magistrate with extended jurisdiction.
(4) A law enacted in accordance with the
provisions of this Constitution by Parliament or by the
House of Representatives of Zanzibar may make provisions
stipulating procedure for lodging appeals in the Court of
Appeal, the time and grounds for lodging the appeals, and
The Court of Appea l
Court of Appeal of the
United
Republic and
its jurisdiction
Act No. 14 of
1979 s.8
Act No. 15 of
1985 s.27

The Constitution of The United Republic of Tanzania 107
the manner in which such appeals shall be dealt with.

118.-(1) There shall be a Chief Justice of the Court of Appeal (who
in the subsequent Articles of this Constitution shall be referred to
in short as “the Chief Justice”) and not less than two other
Justices of Appeal; save that a full bench of the Court of Appeal
shall consist of not less than five Justices of Appeal.

(2) The Chief Justice shall be appointed by the
President, and shall be the head of’ the Court of Appeal and of
the Judiciary as defined in Article 116 of this Constitution.

(3) The other Justices of Appeal shall be appointed by
the President after consultation with the Chief Justice, from
among persons who qualify to be appointed Judges of the High
Court of the United Republic as provided for in Article 109 of
this Constitution or from among persons who qualify to be
appointed Judges of the High Court of Zanzibar in accordance
with the law applicable in Zanzibar.

(4) Whenever-

(a) the office of Chief Justice is vacant, or
(b) the Chief Justice is absent from
Tanzania; or
(c) the Chief Justice, for any reason, fails to
discharge his duties,
and if, in the duration of any of these three events, the President
considers it appropriate to appoint a Chief Justice, the President
may appoint an Acting Chief Justice from among persons who
qualify to be appointed Justices of Appeal, and such Justice of
Appeal shall perform the duties of the Chief Justice until another
Chief Justice is appointed and assumes the functions of the Office
of Chief Justice, or until the Chief Justice who was absent from
Tanzania or was unable to discharge his duties resumes duty.

(5) In the event that any office of Justice of

Justice of Appea l
and their
appointment
Act No. 14 of
1979 s.8
Act No. 14 o
f
1979 s.8
Act No. 15 o
f
1984 s.28

108

Appeal falls vacant or that any Justice of Appeal is appointed Acting
Chief Justice or is for any reason unable to exercise the functions of
his office, or if the Chief Justice advises the President that the state of
business then obtaining in the Court of Appeal requires the
appointment of an Acting Justice of Appeal, the President may, after
consulting with the Chief Justice in the usual manner appoint a
person Acting Justice of Appeal from among persons holding special
qualifications in accordance with the provisions of sub-article (3) of
this Article.

(6) Any person appointed Acting Justice of Appeal
pursuant to the provisions of sub-article (5) of this Article shall
continue to hold the office of Acting Justice of Appeal for any period
specified at the time of his appointment, or where no period has been
specified, until his appointment is revoked by the President, but not
withstanding that the period of appointment has expired or that the
appointment has been revoked, such person may continue to work as
Acting Justice of Appeal for as long as may be necessary to enable
him to prepare and deliver judgment or to do any other thing in
relation to appeals or any other proceedings which were commenced
before him prior to the expiration of such period, or the revocation of
his appointment.

(7) For the avoidance of doubt over the construction of the
provisions of sub-article (1) of Article 118 of this Constitution (which
stipulates the number of substantive Justices of Appeal) and the
provisions of Article 119 of this Constitution (which specifies the
jurisdiction of Justices of Appeal) it is hereby declared that an Acting
Justice of Appeal appointed in accordance with the provisions of sub-
article (5) of this Article, shall have full power of a Justice of Appeal
and shall discharge duties as Acting Justice of Appeal
notwithstanding that his appointment is in excess of the number of
substantive Justices of Appeal specified in sub-article (1) of Article 118
of this Constitution, save that the provisions of this sub-article shall
apply subject to the provisions of Article 122 of this
Justice o f Appeal

The Constitution of The United Republic of Tanzania 109

Constitution in relation to the quorum at sittings of the
Court of Appeal.

(8) The office of Justice of Appeal shall not be
abolished while there is a person holding that office.

119. No Justice of Appeal of shall have jurisdiction to
hear any matter in the High Court or in any magistrates’
Court of any grade:
Provided that where a Judge of the High Court is
appointed Justice of Appeal he may, notwithstanding such
appointment, discharge his functions in the High Court until
he completes the preparation and delivery of the decision or
until he completes any other business in connection with
matters which he had started hearing before his
appointment as a Justice of Appeal, and for that purpose it
shall be lawful for him to deliver judgment or any other
decision concerned in the exercise of the jurisdiction he had
before he was appointed Justice of Appeal; provided that
where ultimately that judgment or decision is challenged by
way of appeal to the Court of Appeal, then in such
circumstances that Justice of Appeal shall not have
jurisdiction to hear that appeal.

120.-( 1) Every Justice of Appeal shall vacate his
office upon attaining the age of sixty-five, but the provisions
of this sub-article shall apply subject to the subsequent
provisions of this Article.
(2) Any Justice of Appeal may vacate office in the
service of the United Republic at any time on attaining the
age of sixty five years except where the President directs that
he should not vacate office, and if the President so directs,
then the Justice to whom the directions of the President
relate shall not be entitled to vacate office until the expiry of
the period specified by the President for that purpose.
(3) In the event that the President considers it to be
in the public interest that a Justice of Appeal who has
attained sixty-five years of age continue in office, and
Jurisdiction o f Justices of Appea l
Act No. 14
of 1979 s.8
Act No. 15
of 1984 s.29
Tenure of office o
f Justices of Appea l
Act No. 14
of 1979 s.8
Act No. 15
of 1984 s.30

110

the Justice of Appeal agrees in writing to continue in office then
the President may direct that the Justice of Appeal continue in
office for any period which may be specified by the President.
(4) Notwithstanding that a Justice of Appeal
attained the age at which he is required by the provisions of this
Article to vacate his office, a person who was holding the office
of Justice of Appeal may continue to perform functions of that
office after attaining that age until he completes the preparation
and delivery of decision or until he completes any other
business in connection with matter which he had started
hearing before attaining that age.
(5) A Justice of Appeal may be removed from office
only for inability to perform the functions of office, (either due
to illness or to any other reason) misbehavior and shall not be
so removed from office save in accordance with the procedure
similar to that provided in relation to the removal from office of
a Judge of the High Court as specified in sub-articles (6) and (7)
of Article 110 this Constitution and for that purpose the
provisions sub-article (8) of Article 110 of shall apply in relation
to a Justice of Appeal in the same manner as they apply to a
Judge of the High Court.
6) The provisions of this Article shall be without
prejudice to the provisions of sub-article (5) of Article 118 this
Constitution.

121. A Justice of Appeal shall not assume office
unless he has taken and subscribed the oath of allegiance and
such other oath as may be prescribed by legislation enacted by
Parliament.

Tenure of office of Justices of Appea l
Oath of office of Justices of Appeal Act No. 14
of 1979, s.8
Act No. 15
of 1984, s.31

The Constitution of The United Republic of Tanzania 111
122.-(1) The quorum at every sitting of the Court of Appeal
shall be not less than three Justices of Appeal.

(2) In every appeal a matter which requires the
decision by the Court of Appeal shall be decided on the basis of
the majority opinion of the Justices of Appeal hearing the appeal.

123. A single Justice of Appeal may exercise any power
vested in the Court of Appeal not involving the determination of
an appeal; except that-
(a) in criminal matters, where a Justice of Appeal on
an application for the exercise of those powers
makes a decision which the applicant is
dissatisfied with, then the applicant shall be
entitled to require to have his application
determined by the full Court;

(b) in civil matters, the Court of Appeal may nullify
or alter an order, direction, or decision of any
other kind made by a single Justice of Appeal in
accordance with the provisions of this Article.

PART V
PROCESS OF THE COURTS

124.-(1) The criminal and civil process, including warrants
of arrest issued by the Courts in Mainland Tanzania and in
Tanzania Zanzibar may be served and may be executed in any
place in Tanzania subject to the following provisions-
(a) where the court issues process to be

Quorum a t sittings of the
Court of Appeal.
Act No. 14 o
f 1979, s.8
Act No. 15 o f 1984, s.32
Jurisdiction of asingle Justice o f Appea l Act No. 14 o f 1979, s.8
Act No. 15 o f 1984 s.33
Execution of cour t process in the
whole of Tanzania
Act No. 15 o
f 1984 s.34

112
served or executed in a place where it has no
jurisdiction, such process shall be sent to that place and
the service or execution shall be effected in accordance
with the procedure obtaining for service or execution
of process issued by the court having jurisdiction in
that area; and

(b) where the law applicable in the place where the
process is sent required that a process issued by a court
which has no jurisdiction be authenticated first by the
court having local jurisdiction, then every process
issued by the court elsewhere has to be authenticated
first in accordance with the before service or execution
of such process.

(2) Where a person is arrested any where in Tanzania in
accordance with an arrest warrant issued by court having no jurisdiction
in the area of arrest, then the person so arrested shall be deemed to be in
lawful custody and be brought before the court which issued the arrest
warrant, but the provisions contained in this sub-article shall apply
without prejudice to the provisions of the law applicable in the place of
the arrest.

(3) The provisions contained in this Article shall not prevent the
enactment of a law providing for the procedure of sending process
outside Tanzania issued by the courts in Mainland Tanzania or Tanzania
Zanzibar

The Constitution of The United Republic of Tanzania 113

PART VI
THE SPECIAL CONSTITUTIONAL COURT OF
THE UNITED REPUBLIC

125. There is hereby established the Special Constitutional
Court of the United Republic whose jurisdiction, constitution and
procedure shall be as specified in the provisions of Articles 126,
127, and 128 of the Constitution.

126.-(1) The sole function of the Special Constitutional Court
of the United Republic is to hear and give a conciliatory decision
over a matter referred to it concerning the interpretation of this
Constitution where such interpretation or its application is in
dispute between the Government of the United Republic and the
Revolutionary Government of Zanzibar.

(2) In the exercise of its functions in accordance with the
provisions of this Article, the Special Constitutional Court shall
not have power to inquire into or to alter the decision of the High
Court or the decision of the Court of Appeal which has been given
in accordance with the provisions of Article 83 of this Constitution
or the decision of the Court of Appeal which has been given in
accordance with Article 117 of this Constitution.

(3) Every conciliatory decision given by the Special
Constitutional Court pursuant to this Article shall be final; there
shall be no right of appeal to any forum.

127.-(1) The Special Constitutional Court shall consist of
members of whom one half shall be appointed by the Government
of the United Republic and the other half shall be appointed by the
Revolutionary Government of Zanzibar.

(2) A person may be appointed to be a member of the Special
Constitutional Court only if he holds or has

Specia l
Constitutional
Court
Act No. 15 of
1984 s.35
Jurisdiction of the
Specia l
Constitutional
Court
Act No. 14 of
1979, s.9
Act No. 15 o
f
1984, s.36

Composition o f
the Special
Constitutional
Court
Act No. 15 of
1984 s.37

114

previously held the office of Justice of Appeal, or of Judge of the
High Court of the United Republic of Tanzania or of the High
Court of Zanzibar or he is a person who has the ability and
experience which qualify him to be appointed to the office of
Judge or Acting Judge under the law for the time being in force, in
Mainland Tanzania or in Zanzibar the case may be.

(3) A person may be appointed to be a member of the
Special Constitutional Court for the purpose of hearing one
dispute only or for hearing two or more disputes should they
arise. A member shall continue to hold office as member of the
Special Constitutional Court until the determination of the dispute
in relation to which he is appointed or his appointment is revoked
or until he fails to perform his duties as a member due to illness or
any other reason.

128.-(1) The Special Constitutional Court shall hold its
sittings only when there is a dispute to be heard, and shall sit in
any place to be decided upon in accordance with the procedure
applicable for the purposes of hearing disputes submitted to the
Special Constitutional Court.

(2) The quorum for every sitting of the Special
Constitutional Court shall be all its members, and where any
member is absent or the seat of any member is vacant, then the
Government which had appointed that member who is absent or
whose seat is vacant shall appoint another member to replace him.
A temporary member appointed in accordance with this sub-
article shall continue to hold office in the Special Constitutional
Court until the substantive member resumes duty or until a person
is appointed to fill the vacancy or until the dispute is determined,
whichever of these events occurs earlier.

(3) Every matter requiring a decision of the Special
Constitutional Court shall be determined on the basis of the
opinion of two-thirds of the members appointed from Mainland
Tanzania and two-thirds of the members appointed

Procedure of Special Constitutional Cour t
Procedure at
sitting of the
special
Constitutional
Court
Act No. 15 of
1984 s.37

The Constitution of The United Republic of Tanzania 115
from Tanzania Zanzibar.

(4) Parliament may enact legislation providing for the
election of the Chairman of the Special Constitutional Court

the procedure for the submission of disputes to the Court, the
procedure for the hearing of disputes and the procedure for
the transmission of the decision of the Court to the
Governments:

Save that where any matter is referred to the Special
Constitutional Court before the enactment of the legislation
referred to in this sub-article, the matter will be heard and
decided in accordance with the procedures to be decided
upon by the Court itself before hearing the matter, or if
members of the Court fail to agree on such procedure, then
the matter shall be heard and decided in accordance with the
procedure to be decided upon by the Government of the
United Republic in collaboration with the Government of
Zanzibar

CHAPTER SIX

THE PERMANENT COMMISSION OF
ENQUIRY AND THE PUBLIC LEADERS’
ETHICS SECRETARIAT

PART I
THE PERMANENT COMMISSION OF ENQUIRY

129.-(1) There is hereby established a Permanent Commission of
Enquiry which shall have jurisdiction to enquire into the conduct
of any person to whom this Article applies, and such enquiry shall
be made into the conduct of such person in respect of the ordinary
performance of his duties or abuse of the authority of his office.

Permanen t Commission o f Enquir y Act No. 15 o f 1984 s.39
Act No. 4 o f 1992 s.33

116

(2) The Commission shall enquire into the conduct of any
person concerned whenever it is directed by the President to do so;
and may, unless the President directs otherwise, carry out an enquiry
whenever it deems it appropriate that an enquiry be made into the
conduct of any person to whom this Article applies and in respect of
whom allegations exist of abuse or misuse of the authority of his
office.

(3) Upon the conclusion of an enquiry, the Commission shall,
pursuant to the procedure prescribed by a law enacted by Parliament
in that behalf, submit to the President or to the Head of the
Revolutionary Government of Zanzibar as the case may be a report
on the proceedings of the enquiry, the views of the Commission on
the whole matter, and its recommendations.

(4) The provisions of this Article shall apply to persons
employed in the service of the Government of the United Republic
and those in the Revolutionary Government of Zanzibar, employees
and leaders of political parties who deal with public affairs, members
and employees of all Commissions in the Government of the United
Republic and the Revolutionary Government of Zanzibar, persons
holding office in the departments of those Governments, public
corporations, and such other public authorities as may be specified in
a law enacted by Parliament, but these provisions shall not apply to
the President or to the Head of the Revolutionary Government of
Zanzibar.

(5) The Commission shall not have any power either under the
provisions of this Article or those of any law enacted by Parliament
for the purpose of this Chapter of this Constitution to enquire into the
decision of any Judge, magistrate or court registrar where such
decision was made in the discharge of the functions of his office;
likewise the Commission shall not have power to enquire into any
decision made by any quasi-judicial body established in accordance
with law where such decision was made in the discharge of its
authority.
Permanent Commission of Enquiry

The Constitution of The United Republic of Tanzania 117

130.-(1) The Commission shall consist of a Chairman and
not more than four other members who shall be appointed by the
President

(2) Any person on being appointed member of the
Commission shall be obliged to vacate forthwith the office of
Minister, Deputy Minister, or office in any political party, or the
office of any other kind specified in that behalf by a law enacted
by Parliament.

(3) A person who ceases to be a member of the
Commission may be re-appointed, but notwithstanding the
provisions of Article 74(3) of this Constitution a person who has
held office of member of the Commission for a continuous period
of six years may not be re-appointed member until after the
expiry of three years since he ceased to hold such office.

(4) Subject to the provisions of this Article, a member of
the Commission shall cease to be such member and shall vacate
office upon the occurrence of any of the following events:
(a) the completion of three years since his
appointment; or

(b) the assumption of any office the holding of which,
would if he were not a member of the
Commission, disqualify him from being appointed
member of the Commission.

(5) The President may remove a member of the
Commission from office only for failing to discharge the
functions of his office (either due to illness or any other reason)
or due to misconduct.

(6) The Commission may carry out its functions
notwithstanding any vacancy in its membership or the absence of
some member.

131. Parliament shall enact a law in accordance with the
provisions of this Constitution for the purpose of making
provisions concerning the authority of the Commission, the
procedure for
Members o fthe
Commission
Act No. 1 o
f 1980, s.14
Act No. 1 5 o f 1984, s.39
Jurisdiction
and procedure
of the
Commission

118

conducting its business, and legal immunities of its members which
shall enable them to discharge their duties without legal disabilities.

PART II
PUBLIC LEADERS’ ETHICS SECRETARIAT

132.-(l) There is hereby established a Public Leaders’ Ethics
Secretariat which shall have power to inquire into the behavior and
conduct of any public leader of ensuring that the provisions of the
law concerning the ethics of public leaders are duly complied with.

(2) For the purposes of this Article, the meaning of “public
leader” and “code of ethics for public leaders” shall be construed in
accordance with the provisions of the law concerning the ethics of
public leaders or the provisions of any other law enacted by
Parliament in so far as such provisions relate to the question of
leadership and its interpretation.

(3) The Public Leaders’ Ethics Secretariat shall consist of the
Ethics Commissioner and such other employees whose number
shall be as specified by a law enacted by Parliament

(4) Parliament shall enact a law stipulating basic rules of ethics
for public leaders which shall be complied with by all persons
holding public office which shall be specified by Parliament.

(5) Basic rules of ethics for public leaders shall-
(a) spell out public offices the holders of which shall be subject thereto;
(b) require persons holding certain public offices to make a formal
declaration from time to time concerning their income assets and
liabilities;
(c) prohibit conduct and behavior which tend to portray that a leader is
dishonest,
Public Leaders’ Ethics
Act No. 15 of
1984 s.36

Public Leaders’ Ethics
Secretariat
Act No. 12 of
1995 s.18

The Constitution of The United Republic of Tanzania 119

practices favoritism or lacks integrity or which
tends to promote or encourage corrupt practices
in public affairs or jeopardizes public interest or
welfare:
(d) prescribe penalties which may be imposed for
breaches of the code of ethics;
(e) provide for procedure, powers and practice to be
applied in order to ensure compliance with the
code of ethics;
(f) prescribe any other provisions as are appropriate
or necessary for the purpose of promoting and
maintaining honesty, transparency, impartiality
and integrity in the conduct of public affairs and
for the protection of public funds and any other
public property.

(6) Parliament may, by law, provide for the dismissal or
removal of a person from office for breaches of the code of
ethics regardless of whether the office is elective or appointive.

120

CHAPTER SEVEN

PROVISIONS REGARDING THE FINANCES OF
THE UNITED REPUBLIC

PART I
CONTRIBUTION AND ALLOCATION
OF THE REVENUE OF THE
UNITED REPUBLIC

133. The Government of the United Republic shall maintain a
special account to be known as “the Joint Finance Account”, and
which shall form part of the Consolidated Fund of the United
Republic into which shall be paid all the moneys contributed by the
two Governments in such proportions as shall be determined by the
Joint Finance Commission in accordance with a law enacted by
Parliament for the purposes of the business of the United Republic
in relation to Union Matters.

134.-(1) There is hereby established a Joint Finance
Commission consisting of not more than seven members who shall
be appointed by the President in accordance with this Article and
the provisions of a law enacted by Parliament.
(2) The functions of the Commission shall be-

(a) to analyze the revenue and expenditure arising
from, or relating to the management of affairs
concerning Union Matters, and to make
recommendations to the two Governments
concerning the contribution by, and the allocation
to, each of the Governments;

(b) to keep under constant scrutiny the fiscal system
of the United Republic and also the relations
between the two Governments in relation to
financial matters;
Joint Finance Account Acts No. 15 of
1984 s.42

Joint Finance
Commission
Acts No. 15 of
1984 s.42

The Constitution of The United Republic of Tanzania 121

(c) to discharge other functions which the President shall
assign to the Commission or as the President may
direct, and in accordance with a law enacted by
Parliament.

PART II
THE CONSOLIDATED FUND AND THE
FINANCES OF THE UNITED REPUBLIC

135.-( 1) All revenue derived from various sources for the
use of the Government of the United Republic, except for the type
of revenue specified in sub-article (2) of this Article, shall be paid
into one special fund to be known as the Consolidated Fund of the
Government of the United Republic.

(2) The revenue which shall not be paid into the
Consolidated Fund of the Government of the United Republic is
that which has been specified by law to be used for a specified
purpose or to be paid into another fund for special use.

136.-(1) Moneys shall not be paid out of the Consolidated
Fund of the Government of the United Republic for expenditure
save in accordance with the following terms:
(a) such money should be for the purpose of
expenditure which has been authorised to be
charged upon the Consolidated Fund of the
Government of the United Republic by this
Constitution or by any other law; or

(b) such money is for expenditure which has been
authorized either by Appropriation Act enacted
by Parliament for that purpose or a law enacted
by Parliament in accordance with the
provisions of Article 140 of this Constitution.
Consolidate d Fund of the
Governmen t of the Unite d Republic
Act No. 15 o f 1984 s.43
Conditions
fo
r withdrawal o f moneys from
Consolidate d Fund Acts No. 15
of 1984 s.43

122

(2) Moneys in any special fund of the Government
other than the Consolidated Fund of the Government of the United
Republic shall not be paid out for expenditure unless and until
such expenditure has been authorized by law.

(3) Moneys in the Consolidated Fund of the
Government of the United Republic shall not be paid out of that
Fund for the purpose of expenditure unless and until such
expenditure has been approved by the Controller and Auditor-
General, and also on condition that such money shall have been
paid out in accordance with a procedure prescribed for that
purpose pursuant to a law enacted by Parliament.

137.-(1) The President shall give directions to persons
concerned to prepare and submit to the National Assembly in each
Government financial year estimates of the revenue and expenditure
of the Government of the United Republic for the next financial year.

(2) After the National Assembly has approved the estimates of
expenditure (apart from the expenditure charged on the Consolidated
Fund by this Constitution by any other law) a Bill to be known as an
Appropriation Bill shall be introduced into the National Assembly
forth purpose of authorising the issue from the Consolidated Fund of
the sums necessary to meet the expenditure for the various activities
of the Government involved in those estimates.

(3) Where in any financial year it is found that:-

(a) the amount of money appropriated by the
Appropriation Act for a certain purpose is
insufficient or it has been necessary to incur
expenditure in respect of an activity for which no
amount has been appropriated under the Act; or
Procedure for
authorization
of expenditure
in advance of
appropriation
Act No. 15 of
1984 s.43

The Constitution of The United Republic of Tanzania 123

(c) money has been expended for a certain purpose
in excess of the amount appropriated for it by the
Appropriation Act or that money has been
expended to a purpose for which no amount was
appropriated under the Act,
there shall be presented before the National Assembly
a supplementary estimate or, as the case may be, a
statement of excess, and after the National Assembly
has approved the supplementary estimate or the
statement of excess there shall be introduced into the
National .Assembly a supplementary Appropriation
Bill for the purpose of authorising the issue of funds
from the Consolidated Fund of the Government of the
United Republic, and such moneys shall be used to
meet the cost of the activities involved in the
supplementary estimates or statement of excess.

138.-(1) No tax of any kind shall be imposed save in
accordance with a law enacted by Parliament or pursuant to a
procedure lawfully prescribed and having the force of law by
virtue of a law enacted by Parliament.

(2) The provisions contained in sub-article (1) of this Article
shall not preclude the House of Representatives of Zanzibar from
exercising its power to impose tax of any kind in accordance with
the authority of that House.

139.-(1) Parliament may enact a law providing for the
authorization of expenditure of moneys from the Consolidated
Fund of the Government of the United Republic in accordance
with a procedure prescribed in sub-article (2) of this Article.

(2) Where the financial year of the Government has
begun and the Appropriation Act in relation to that year has not
come into operation, then the President may authorise the issue of
moneys from the
Conditions o f taxation
Act No. 15 o f 1984 s.43
Procedure fo r authorisin g expenditure ou t of Consolidate d Fund Act No. 15 o f 1984 s.43

124

Consolidated Fund of the Government of the United Republic
for the purposes of meeting the expenses of essential business
of the Government, and such moneys shall be expended until
the expiration of four months from the beginning of the
financial year, or until the Appropriation Act comes into
operation, whichever occurs earlier.

140.-(1) Parliament may enact a law providing for the
following:

(a) the establishment of a Contingencies Fund
and authorizing the President or a Minister
appointed by the President in that behalf to
borrow money from that Fund to meet the
costs of an urgent and unforeseen need for
which no funds had been provided; and

(b) authorizing the President or a Minister
appointed by the President in that behalf to
apply money specifically appropriated for
certain business to meet the costs of an
urgent and unforeseen need as referred to
in paragraph (a) of this sub-article.

(2) Where money has been borrowed from the
Contingencies Fund, or money specifically appropriated for a certain
purpose is applied to meet the costs of an urgent and unforeseen
need, then there shall be presented before the National Assembly
supplementary estimates, and after the National Assembly has
approved the supplementary estimates, a supplementary
Appropriation Bill which shall be introduced into the National
Assembly for the purpose of authorising such additional
expenditure shall ensure that any moneys borrowed from the
Contingencies Fund shall be reimbursed from the
Contingencies Fun d
Contingencies Fund and virement Act No. 15 of 1984
s.43

The Constitution of The United Republic of Tanzania 125
moneys the expenditure of which shall be authorised by that Bill.

141.-(l) The public debt of the United Republic shall be
secured on the Consolidated Fund of the Government of the
United Republic.
(2) For the purposes of interpretation of this Article, “the
public debt” means the debt itself and also the interest charged on
it, sinking fund payments in respect of that debt and the costs,
charges and expenses incidental to the management of that debt.

142.-(1) Holders of public office to whom the provisions of
this Article apply shall be paid salaries and allowances as shall be
prescribed by a law enacted by a Parliament.
(2) The moneys for the salaries and allowances payable
to the holders of offices to whom the provisions of this Article
apply together with pension and gratuity for those entitled to such
payments shall be a charge on the Consolidated Fund of the
Government of the United Republic.
(3) The salary payable to the holder of a public office to
whom the provisions of this Article apply together with his terms
and conditions of service shall not be varied in a manner which is
less beneficial to him, but these provisions shall not apply to
allowances payable to the holder of such office.
(4) Where the holder of a public office to whom the
provisions of this Article apply has the option to choose the salary
or the terms and conditions of service, then for the purpose of
construing the provisions of sub-article (3) of this Article, the
salary, the terms and conditions of service which he chooses shall
be deemed to be more beneficial to him than any other salary or
terms and conditions of service which he could have opted for.
(5) The provisions of this Article shall apply to a Justice
of the Court of Appeal, a Judge of the High
Public Deb t Act No. 15 o f 1984, s.43
Remuneration
of certain
holders o
f public officers
to be a
chargeon
Consolidate
d Fund Act No. 15 o f 1984 s.43

126

Court of the United Republic, the Chairman and member of the
Permanent Commission of Enquiry and the Controller and
Auditor General of the Government of the United Republic.

143.-(l) There shall be a Controller and Auditor- General of the
United Republic.
(2) The Controller and Auditor-General shall have the
responsibility over the following matters:
(a) to ensure that the use of any moneys proposed to
be paid out of the Consolidated Fund has been
authorized and that the funds shall be paid out in
accordance with the provisions of Article 136 of
this Constitution, and where he is satisfied that
those provision shall be duly complied with, then
he shall authorize payment of such moneys.

(b) to ensure that all the moneys the payment of
which has been authorized to be charged on the
Consolidated Fund of the Government of the
United Republic, or the moneys the use of which
has been authorized by a law enacted by
Parliament and which have been spent, have been
applied to the purposes connected with the use of
such moneys and that such expenditure has been
incurred in accordance with the authorization for
such expenditure; and

(c) at least once every year to audit and give an audit
report in respect of the accounts of the
Government of the United Republic, the accounts
Controller and Auditor Genera l
Controller and Auditor
General of the
United
Republic Act No. 14 of
1979 s.11 and
Act No. 15 of
1984 s.43

The Constitution of The United Republic of Tanzania 127

managed by all officers of the Government of the
United Republic and the accounts of all courts of the
United Republic and the accounts managed by the
Clerk of the National Assembly.

(3) The Controller and Auditor-General and every
employee of the Government who is authorised by him shall have the
right to examine books records, statements of account, reports and all
other documents concerning any type of account referred to in sub-
article (2) of this Article.

(4) The Controller and Auditor-General shall submit to the
President every report he makes pursuant to the provisions of sub-
article (2) of this Article. 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 to
such sitting before the expiration of seven days from the day the
sitting of the National Assembly began. If the President does not take
steps of submitting such report to the National Assembly, then the
Controller and Auditor-General shall submit the report to the
Speaker of the National Assembly (or the Deputy Speaker if the office
of the Speaker is vacant then, or if for any reason the Speaker is
unable to perform the functions of his office) who shall submit the
report to the National Assembly.

(5) The Controller and Auditor-General shall also have
responsibility of discharging other duties and functions, and shall
have other various powers as shall be specified by the law concerning
the accounts of the Government of the United Republic or the
accounts of other public authorities or other bodies.

(6) In the discharge of his functions in accordance with the
provisions of sub-articles (2), (3) and (4) of this Article, the Controller
and Auditor-General

128

shall not be obliged to comply with the order or direction of any
other person or 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 has discharged his functions in accordance with the
provisions of this Constitution or not.

144.-(1) Without prejudice to the other provisions of this
Article, the Controller and Auditor-General of the United
Republic shall be obliged to vacate office upon attaining the age
of sixty or any other age which shall be prescribed by a law
enacted by Parliament.

(2) The Controller and Auditor-General may be removed from
office only for inability to perform the functions of his office
(either due to illness or to any other reason) or for misbehavior;
or for violating the provisions of the law concerning the ethics of
public leaders and shall not be so removed except in accordance
with the provisions of sub-article (4) of this article.

(3) If the President considers that the question of the removal
of the Controller and Auditor-General from office under the
provisions of this Article needs to be investigated, then the
procedure shall be as follows:

(a) the President shall appoint a Special
Tribunal which shall consist of a Chairman
and not less than two other members. The
Chairman and at least half of the other
members of that Special Tribunal shall be
persons who are or have been Judges of the
High Court or of the Court of Appeal in any
country within the Commonwealth;

(b) the Special Tribunal shall investigate and
submit a report to the President on this
whole matter and shall advise him whether
or
Removal from office o f
Controller
and Auditor-
General
Act No. 15 of
1984, s.43
Act No. 12 of
1995 s.19

The Constitution of The United Republic of Tanzania 129

not the Controller and Auditor General should
be removed from office in accordance with the
provisions of this Article on the grounds of
inability to perform his functions due to illness
or any other reason or on grounds of
misbehavior.

(4) If the Special Tribunal appointed in accordance with the
provisions of sub-article (3) advises the President that the
Controller and Auditor-General be removed from office on
grounds of inability to perform functions of his office due to illness
or any other reason or on grounds of misbehavior then the
President shall remove him from office.

(5) If the question of removing the Controller and Auditor-
General has been referred to a Special Tribunal for investigation
pursuant to the provisions of this Article, the President may
suspend the Controller and Auditor-General from office, and the
President may at any time rescind the decision to suspend the
Controller and Auditor-General and in any case such decision
shall lapse if the Special Tribunal advises the President that the
Controller and Auditor-General be not removed from office.

(6) A person who holds or who has held the office of
Controller and Auditor-General shall not be appointed to, or act
in, any other office in the service of the Government of the United
Republic.

(7) The provisions of this Article shall not apply to any
person appointed acting Controller and Auditor-General.

130
CHAPTER EIGHT

LOCAL GOVERNMENT AUTHORITIES

145.-(1) There shall be established local government
authorities in each region, district, urban area and village in die
United Republic, which shall be of the type and designation
prescribed by law to be enacted by Parliament or by the House of
Representatives.
(2) Parliament or the House of Representatives as the
case may be, shall enact a law providing for the establishment of
local government authorities, their structure and composition,
sources of revenue and procedure for the conduct of their
business.

146.-(1) The purpose of having local government
authorities is to transfer authority to the people. Local
government authorities shall have the right and power to
participate, and to involve the people, in the planning and
implementation of development programmes within their
respective areas and generally throughout the country.

(2) Without prejudice to the generality of sub-article
(I), of this Article, a local government authority in conformity
with the provisions of the law establishing it, shall have the
following functions:
(a) to perform the functions of local) government
within its area;
(b) to ensure the enforcement of law and public
safety of the people; and
(c) to consolidate democracy within its area and to
apply it to accelerate the development of the
people.

Establishment o f local government
authorities
Act No. 15 of
1984, s.50

Functions of Local
Government
authorities
Act No. 15 of
1984 s.50

The Constitution of The United Republic of Tanzania 131

CHAPTER NINE

THE ARMED FORCES

147.-(l) It is hereby prohibited for any person or any
organization or any group of persons except the Government
to force raise or maintain in Tanzania an armed force of any
kind.

(2) The Government of the United Republic may, in
accordance with law, raise and maintain in Tanzania armed
forces of various types for the purpose of the defence and
security of the territory and the people of Tanzania.

(3) It is hereby prohibited for any member of the defence
and security forces to join any political party save only that he
shall have the right to vote which right is specified under
Article 5 of this Constitution.

(4) For the purposes of this Article, the expression
“member of the defence and security forces” means a member
in the service of the Defence Forces, the Police Force, the
Prisons Service or the National Service, whether on temporary
or permanent terms.

148.- (l) Without prejudice to the provisions of any law
enacted by Parliament, among the powers of the President as
Commander-in-Chief of the Armed Forces is to command the
Armed Forces to engage in military operations connected with
the defence of the United Republic, rescue operations to save
life and property in times of emergency and other matters
which the Commander- in-Chief shall deem necessary and to
that end the Commander-in-Chief may command the Armed
Forces to engage in those operations in or outside Tanzania.
(2) Without prejudice to the provisions of a law
enacted by Parliament, power over the following matters shall
vest in the Commander-in-Chief, that is to say:
(a) the appointment of top
Prohibition to
raise an d maintain arme d force
Act No. 15 o f 1984 s.49
Act No. 4 o f 1992 s.3 6
Powers o f Commander –in-
Chie f Act No. 15 o f 1984 s.49

132

commanding officers in the Armed Forces of
the United Republic
(b) the recruitment of persons into and their
removal from the Armed Forces;
(c) the appointment of commanders of various
units of the Armed Forces; and
(d) the suspension of any power vested in any
member of the Armed Forces and pertaining to
his being a member of such Force.
(3) Any thing done by any member of the Armed Forces
in contravention of an order issued by the Commander-in-
Chief pursuant to the provisions of sub-articles (1) and (2) of
this Article shall be void.

CHAPTER TEN

MISCELLANEOUS PROVISIONS

149.-(l) Any person holding any office established by
this Constitution (including the office of Minister, Deputy
Minister, or Member of Parliament, except an ex- officio
Member of Parliament) may resign by giving notice in writing
and signed by him, in accordance with the following
procedure:

(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
Provisions relating to resignation
Provisions
relating to
resignation from
various offices
established by
this Constitution
Act No. 1 of 1980
s.16 and
Act No. 15 of
1984 s.52
Act No. 4 of 1992
s.37

The Constitution of The United Republic of Tanzania 133

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 President,
then the notice of resignation shall be submitted to the
Speaker;

(c) if that person is the Speaker or Deputy Speaker of the
National Assembly, the notice of resignation
shall be submitted to the National Assembly; and

(d) if that person is a Member of Parliament, then that
notice of resignation shall be submitted to the Speaker.
(2) A person who has given notice of resignation pursuant to
the provisions of sub-article (1) of this Article 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 it is 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 persons 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 (including the office of the Minister, Deputy Minister or
Member of Parliament, except an ex officio Member of Parliament)
resigns, then, if he has all the necessary qualifications and is in every
respect eligible, he may be re-appointed or renominated to hold such
office in accordance with the provisions of this Constitution.

134

(4) Nothing in the provisions of sub-article (3) shall
preclude a person holding the office of President from being re-
elected to that office while he holds the office of President.

150.-(l) For the purpose of interpreting the provisions of
this Constitution in relation to the procedure of appointment to
the service of the Government the United Republic, it is hereby
declared that any person having power pursuant to this
Constitution to appoint or nominate another person to hold a
certain office has also the power to appoint or nominate a
person to act in, or to temporarily perform functions of, that
office:

Provided that these provisions shall not apply to the
offices of Minister Deputy Minister, Justice of the Court of
Appeal, Judge of the High Court, Member of the Permanent
Commission of Enquiry or Member of Electoral Commission.

(2) The following rules shall also apply for the purposes
of interpreting the provisions of this Constitution concerning,
the procedure of appointment to offices in the services of the
Government of the United Republic:

(a) where a person holding an certain office
pursuant to the provisions of the Constitution
is on leave pending vacation of office, then
another person may be appointed to that
office notwithstanding that the other person 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) of this sub-article,
Succession to offices
Provisions
relating to
procedure of
succession to
office in of
Government
service
Act No. 14 of
1979 s.12
Act No. 1 of
1980 s.16 and
Act No. 15 of
1984 s. 52

The Constitution of The United Republic of Tanzania 135

then in those circumstances if the need arises to
perform any duty connected with that office the
person last appointed shall be deemed to be the
only person holding such office;
(c) where pursuant to provisions of this
Constitution a person is appointed to act in or to
perform the functions of a certain office when
the substantive holder of that office fails to
perform the duties connected with that office,
then it shall not be permitted to inquire into or to
make any representations against such
appointment on the ground that the substantive
holder did not fail to perform the duties
connected with that office.

151.-(1) In this Constitution unless the context requires
otherwise “military law” means a law or command issued
pursuant to a law regulating discipline in a Force;
“member of armed force” when used in connection with any
armed force, includes any member of the armed force who in
accordance with the military law of the Force, is subject to the
discipline of that Force;
“the House of Representatives” means the House of
Representatives of Zanzibar referred to in Article 106 of this
Constitution and which performs its functions in accordance with
this Constitution and the Constitution of Zanzibar, 1984;
“Parliament” means the Parliament of the United Republic
referred to in Article 62 of this Constitution;
“Political Party” means a political party which has been granted
full registration in accordance with the political
Interpretation
Act No. 15 o f
1984, s.51 and s.53
Act No. 4 of
1992, s.38

136

Parties Act, 1992;
“Judiciary” has the meaning ascribed to it in sub-article (1) of
Article 116 of this Constitution;
“Judiciary of Zanzibar” means the Zanzibar Judiciary which
includes all the courts within the Revolutionary Government of
Zanzibar;
“Chief Justice” means the Chief Justice of the Court of Appeal
referred to in sub-article (1) of Article 115 of this Constitution who
is appointed in accordance with the provisions sub-article (2) of
Article 118 of this Constitution or the Chief Justice is absent or is
unable to discharge the functions of his office for any reason, the
Acting Chief Justice appointed in accordance with the provisions
of sub-article (4) of Article 118 of this Constitution; and if the
Acting Chief Justice is also absent or is unable to perform the
functions of Chief Justice, the most senior Justice of the Court of
Appeal then present;
“Chief Justice of Zanzibar” means the Chief Justice of the High
Court of Zanzibar who, pursuant to the Constitution of Zanzibar,
1984, is the head of the Zanzibar Judiciary;
“Force” means any of the armed forces and includes any other
force established by this Constitution or in accordance with law
and which is governed by military law;
“Commonwealth” means the organization whose members
include the United Republic and every country to which the
provisions of section 7 of the Citizenship Act, 1961, apply;
“Oath” shall have the meaning ordinarily ascribed to it and
includes any formal declaration permitted by law to be used
instead of an oath;
“oath of allegiance” means the oath to be loyal to the State and to
the Government of the United Republic;
“ethics of Office of Judge” means ethical rules guiding the
conduct of persons holding the office
Interpretation

The Constitution of The United Republic of Tanzania 137

of judge or magistrate;
“office in the service of the Government of the United Republic”
shall have the ordinary meaning of that expression and includes
service in the Armed Forces of the United Republic and in the
Police Force or other force established in accordance with law;
“court” means any court having jurisdiction in the United
Republic except a court established by military law; save that for
the purposes of Articles 13, 14 and 15 of this Constitution it shall
include a court established under military law;
“High Court” means the High Court of the United Republic or the
High Court of Zanzibar;
“Union Matters” means all public affairs specified in Article 4 of
this Constitution as being Union Matters;
“state authority” includes the Executive and the Legislature of the
United Republic, as well as the Executive and the House of
Representatives of Zanzibar;
“Attorney-General” means the Attorney-General for the United
Republic referred to in Article 59;
“the Government” includes the Government of the United
Republic, the Revolutionary Government of Zanzibar or a District
Council or Urban Authority, and also any person exercising any
power or authority on behalf of the Government or local
government authority; “Local Government Authorities ”means the
local government authorities established under Article 145 of this
Constitution for the purposes of exercising the people’s power;
“Mainland Tanzania” means the whole of the territory of the
United Republic which formerly was the territory of the Republic
of Tanganyika;
“Tanzania Zanzibar” means the whole of the territory of the
United Republic which formerly was the territory of the People’s
Republic of Zanzibar and which was previously referred to as “
Tanzania Visiwani”.;
“General Elections” or “people’s elections” means an election of a
President and of the Members of Parliament

138

representing electoral constituencies, which is held subsequent to
the dissolution of Parliament;
“Minister” means a Member of Parliament appointed to the office
of Minister except Deputy Minister, and that definition shall also
apply to the Vice-President;
“Zanzibar” has the same meaning as Tanzania Zanzibar.

(2) The following rules shall be applied for the purpose of
construing the provisions of the Constitution, that is to say-
(a) whenever a reference is made to the function of
the office of President it shall be construed to
include powers to perform various duties and
functions as the head of the Government of the
United Republic, and also such other functions
or duties if so provided in this Constitution or in
any other law;

(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, and whenever reference is
made to a Government department it shall be
construed that the department concerned is a
department of the Government of the United
Republic unless it is stated otherwise,
(c) if pursuant to the provisions of this Constitution
there is
Interpretation

The Constitution of The United Republic of Tanzania 139

any matter required to be performed or to be
dealt with by any political party, then that matter
shall be performed or dealt with that party in
accordance with the procedure laid down by that
party for that purpose, and also in conformity
with the provisions of this Constitution or any
law enacted by Parliament for that purpose;

(d) for the purposes of this Constitution, 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 to this past
service in the Government of the United Republic
or in any, former Government of Mainland
Tanzania or in the Armed Forces or the Police
Force of the Government of the United Republic
or former Government of Mainland Tanzania or
of Zanzibar;

(e) in this Constitution, unless the context requires
otherwise, whenever reference is made to the
holder of a certain office by reference to the
designation his office such reference shall be
construed to include any person who is acting in,
or who has been duly appointed to perform the

140

functions of, that office;

(f) in this Constitution wherever there is a
reference to the power to remove the holder of
an office in the service of the Government of the
United Republic, it shall be construed that the
power concerned includes the power conferred
in accordance with the provisions of any law
which requires or permits that person to retire:

Provided that the provisions of this rule shall
not be construed as conferring power on any
person to require a Justice of the Court of
Appeal, a Judge of the High Court or the
Controller and Auditor-General to retire from
office;

(g) in this Constitution, wherever there is 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 with or without modification or
amendment, or a law which introduces new
provisions in another law.

152.-(l) This Constitution may be cited as the
Constitution of the United Republic of Tanzania, 1977.

(2) This Constitution shall come into operation on the
26th of April, 1977

(3) This Constitution shall apply to Mainland Tanzania
as well as Tanzania Zanzibar.
Title, commencement, et a l
Title,
commencement
and application o
f
this Constitution
Act No. 15 of 1984
s.52

The Constitution of The United Republic of Tanzania 141

FIRST SCHEDULE
(Referred to in Article 4)
Union Matters

1. The Constitution of Tanzania and the Government of the United Republic.
2. Foreign Affairs.
3. Defence and Security.
4. Police.
5. Emergency Powers.
6. Citizenship.
7. Immigration.
8. External borrowing and trade.
9. Service in the Government of the United Republic.
10. Income tax payable by individuals and by corporations, customs duty and
excise duty on goods manufactured in Tanzania collected by the Customs
Department.
11. Harbors, matters relating to air transport, posts and telecommunications.
12. All matters concerning coinage, currency for the purposes of legal tender
(including notes), banks (including savings banks) and all banking
business; foreign exchange and exchange control.
13. Industrial licensing and statistics.
14. Higher education.
15. Mineral oil resources, including crude oil and natural gas.
16. The National Examinations Council of Tanzania and all matters connected
with the functions of that Council.
17. Civil aviation.
18. Research.
19. Meteorology.
20. Statistics.
21. The Court of Appeal of the United Republic.
22. Registration of political parties and other matters related to political
parties.

142
SECOND SCHEDULE
LIST ONE
[Referred to in Article 98(1) (a)1

(Laws the amendment of which requires to be supported by at
least two-thirds of all Members of Parliament)

The Republic of Tanganyika (Consequential, Transitional and
Temporary Provisions)Act, 1962 Sections 3, 17, 18, 23 and 26.

The Civil Service Act 1962, Sections 22, 23 and 24.

The Judicial Service Act, 1962, Sections 22, 23 and 24.

The whole Act of Union between Tanganyika and Zanzibar.

LIST TWO
[Referred to In Article 98(1.)(b)1

(Matters the amendment of which requires to be supported by
two-thirds of all Members of Parliament Mainland Tanzania
and two-thirds of all Members Parliament from Tanzania
Zanzibar).

1. The existence of the United Republic.
2. The existence of the Office of President of the United
Republic.
3. The authority of the Government of the United
Republic.
4. The existence of the Parliament of the United
Republic.
5. The authority of the Government of Zanzibar
6. The High Court of Zanzibar
7. The list of Union Matters.
8. The number of Members of Parliament from
Zanzibar.

Passed in the Constituent Assembly on this twenty-fifth day of
April, 1977.

W. J. Maina
Clerk of the Constituent Assembly
Cap. 500

Cap.509

Cap.508

Cap.557

144