The Constitution Of The United Republic Of Tanzania Of 1977

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THE UNITED REPUBLIC OF TANZANIATHE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIAOF 1977CHAPTER 2 OF THE LAWS2005

The following is the official Revised version in English of “KATIBA YA JAMHURI YAMUUNGANO WA TANZANIA YA MWAKA 1977”.This revised edition of theConstitution of the United Republic of Tanzania incorporates and consolidates allamendments made therein by the Constituent Assembly in 1977 up to the 14thAmendment of 2005 and it is printed and published under section 4 of the Laws RevisionAct Chapter 4.2

THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA(CAP. 2)ARRANGEMENT OF CONTENTSArticleTitlePREAMBLECHAPTER ONETHE UNITED REPUBLIC, POLITICAL PARTIES,THE PEOPLE AND THE POLICY OF SOCIALISM AND SELF RELIANCEPART ITHE UNITED REPUBLIC AND THE PEOPLE1.2.3.4.5.Proclamation of the United Republic.The territory of the United Republic.Declaration of Multi-Party State.Exercise of State Authority of the United Republic.The Franchise.PART IIFUNDAMENTAL OBJECTIVES AND DIRECTIVEPRINCIPLES OF STATE POLICY6.7.8.9.10.11.Interpretation.Application of the provisions of Part II.The Government and the People.The pursuit of Ujamaa and Self-Reliance.[Repealed].Right to work, to educational and other pursuits.PART IIIBASIC RIGHTS AND DUTIESThe Right to Equality12.13.Equality of human beings.Equality before the law.The Right to Life14.15.16.17.The right to life.Right to personal freedom.Right to privacy and personal security.Right to freedom of movement.3

The Right to Freedom of Conscience18.19.20.21.The freedom of expression.Right to freedom of religion.Person’s freedom of association.Freedom to participate in public affairs.The Right to Work22.23.24.Right to work.Right to just remuneration.Right to own property.Duties to the Society25.26.27.28.Duty to participate in work.Duty to abide by the laws of the land.Duty to safeguard public property.Defence of the Nation.General Provisions29.30.Fundamental rights and duties.Limitations upon, and enforcement and preservation of basic rights,freedoms and duties.Extraordinary Powers of the State Authority31.32.Derogation from rights and freedoms.Power to proclaim state of emergency.CHAPTER TWOTHE EXECUTIVE OF THE UNITED REPUBLICPART ITHE PRESIDENT33.34.35.36.37.38.39.President of the United Republic.The Government of the United Republic and its Authority.Discharge of business of the Government.Authority to constitute offices and to appoint officers.Discharge of duties and functions of President.Election of President.Qualifications for election of President.4

40.41.42.43.44.45.46.46A.46B.Eligibility for re-election.Procedures for the election of President.Time of assumption and term of office of President.Terms of office of President.Power to declare war.Prerogative of mercy.Immunity from criminal and civil proceedings.Impeachment by the National Assembly.Duty of principal leaders of organs with executive powers to preservethe Union.PART IITHE VICE-PRESIDENT47.48.49.50.Vice-President, his duties and powers.Time of assumption of office of Vice-President.Oath of the Vice-President.Tenure of office of Vice-President.PART IIIPRIME MINISTER, CABINET AND THE GOVERNMENTPRIME MINISTER51.52.53.53A.Prime Minister of the United Republic.Functions and authority of the Prime Minister.Accountability of the Executive.Vote of no confidence.THE CABINET AND THE GOVERNMENT54.55.56.57.58.59.59A.59B.60.61.The Cabinet.Appointment of Ministers and Deputy Ministers.Oath of office of Ministers and Deputy Ministers.Tenure of office of Ministers and Deputy Ministers.Terms of office of Ministers and Deputy Ministers.Attorney General for the Government of the United Republic.Deputy Attorney General.Director of Public Prosecutions.Secretary to the Cabinet.Regional Commissioners.5

CHAPTER THREETHE LEGISLATURE OF THE UNITED REPUBLICPART IPARLIAMENT62.63.64.65.Parliament.Authority of Parliament.Legislative power.Life of Parliament.PART IIMEMBERS, CONSTITUENCIES AND ELECTION OF MEMBERS66.67.68.69.70.71.72.73.74.75.Members of Parliament.Qualifications for Member of Parliament.Oath of Members of Parliament.Formal declaration by Members of Parliament concerning ethics ofleaders.Members to submit statement of property.Tenure of office of Member of Parliament.Cessation of employment of public servants on contesting for elections.Terms of service of Members of Parliament.Electoral Commission.Constituencies.Election and Appointment of Members of Parliament76.77.78.79.80.81.82.83.Elections in constituencies.Procedure for election of Members of Parliament representingconstituencies.Procedure for election of women Members of Parliament.Procedure for election of Members of Parliament by House ofRepresentatives.[Repealed].Procedure for proposing women candidates.[Repealed].Determination of the validity of a person’s membership of theParliament.6

PART IIIPROCEDURE, POWERS AND PRIVILAGES OF PARLIAMENTSpeaker and Deputy Speaker84.85.86.Speaker and his functions.Deputy Speaker.Procedure for electing Speaker and Deputy Speaker.Office of Parliament87.88.Clerk of the National Assembly.The Secretariat of the National Assembly.Procedure in the National Assembly89.90.91.92.93.94.95.96.Standing Orders of the National Assembly.Summoning and dissolution of Parliament.President may address Parliament.Meetings of the National Assembly.Presiding at sittings of the National Assembly.Quorum at sittings of the National Assembly.Vacant seats in the National Assembly.Standing Committees of the National Assembly.Legislative Procedure97.98.99.How to legislate.Procedure for altering the Constitution and certain laws.Procedure for legislating in financial matters.Powers and Privileges of Parliament100.110A101.Freedom and immunity from proceedings.Procedures relating to discipline of Judges of the High CourtPreservation and enforcement of freedom of debate and procedure.7

CHAPTER FOURTHE REVOLUTIONARY GOVERNMENT OFZANZIBAR, THE ZANZIBAR REVOLUTIONARYCOUNCIL AND THE HOUSE OF REPRESENTATIVESOF ZANZIBARPART ITHE REVOLUTIONARY GOVERNMENT OF ZANZIBARAND THE PRESIDENT OF ZANZIBAR102.103.104.The Revolutionary Government of Zanzibar and its jurisdiction.Head of the Revolutionary Government of Zanzibar and his authority.Election of the Head of the Revolutionary Government of Zanzibar.PART IITHE ZANZIBARREVOLUTIONARY COUNCIL105.The Zanzibar Revolutionary Council and its functions.PART IIITHE HOUSE OF THE REPRESENTATIVES OF ZANZIBAR106.107.The House of Representatives of Zanzibar and its legislative functions.Authority of House of Representatives.CHAPTER FIVEDISPENSATION OF JUSTICE IN THE UNITED REPUBLICTHE HIGH COURT OF THE UNITED REPUBLIC, THE JUDICIALSERVICE COMMISSION FOR MAINLAND TANZANIA, THE HIGHCOURT OF ZANZIBAR, THE COURT OF APPEAL OF THEUNITED REPUBLIC AND THE SPECIAL CONSTITUTIONALCOURT OF THE UNITED REPUBLICPART IDISPENSATION OF JUSTICE IN THE UNITED REPUBLIC107A107B.Authority of dispensing of Justice.Independence of the Judiciary.8

PART IITHE HIGH COURT OF THE UNITED REPUBLIC108.109.110.111.High Court of the United Republic and its jurisdiction.Judges of the High Court and their appointment.Tenure of office of Judges of the High Court.Judges’ oath of office.PART IIITHE JUDICIAL SERVICE COMMISSION112.113.113AJudicial Service Commission.Powers and functions of the Commission.Membership in political parties.PART IVTHE HIGH COURT OF ZANZIBAR114.115.The High Court of Zanzibar.Jurisdiction of the High Court of Zanzibar.PART VTHE COURT OF APPEAL OF THE UNITED retation.Court of Appeal of the United Republic and its jurisdiction.Chief Justice and Justices of Appeal and their appointment.Jurisdiction of Justices of Appeal.Tenure of office of Justices of Appeal.Procedures relating to discipline of Justices of Appeal.Oath of office of Justices of Appeal.Quorum at sittings of the Court of Appeal.Jurisdiction of a single Justice of Appeal.PART VIPROCEDURE FOR SERVICE OF NOTICES AND EXECUTIONOF ORDERS ISSUED BY THE COURTS124.Execution of court orders in the whole of Tanzania.9

PART VIITHE SPECIAL CONSTITUTIONAL COURT OFTHE UNITED REPUBLIC125.126.127.128.Special Constitutional Court of the United Republic.Jurisdiction of the Special Constitutional Court.Composition of the Special Constitutional Court.Procedure at sittings of the Special Constitutional Court.CHAPTER SIXTHE COMMISSION FOR HUMAN RIGHTS AND GOODGOVERNANCE AND THE PUBLIC LEADERS’ ETHICS SECRETARIATPART ITHE COMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNANCE129.130.131.Commission for Human Rights and Good Governance.Functions of the Commission and performance procedures.Powers of the Commission and procedures for performance offunctions.PART IIPUBLIC LEADERS’ ETHICS SECRETARIAT132.Public Leaders’ Ethics Secretariat.CHAPTER SEVENPROVISIONS REGARDING THE FINANCES OFTHE UNITED REPUBLICPART ICONTRIBUTION AND ALLOCATION OF THE REVENUEOF THE UNITED REPUBLIC133.134.Joint Finance Account.Joint Finance Commission.PART IITHE CONSOLIDATED FUND AND THEFINANCES OF THE UNITED REPUBLIC135.136.137.138.139.Consolidated Fund of the Government of the United Republic.Conditions for withdrawal of moneys from Consolidated Fund.Procedure for authorising expenditure out of Consolidated Fund.Conditions of taxation.Procedure for authorisation of expenditure in advance of appropriation.10

140.141.142.143.144.Contingencies Fund and virement.Public Debt.Remuneration of certain holders of public offices to be a charge onConsolidated Fund.Controller and Auditor-General of the United Republic.Removal from office of Controller and Auditor-General.CHAPTER EIGHTPUBLIC AUTHORITIES145.146.The local government authorities.Functions of local government authorities.CHAPTER NINEARMED FORCES147.148.Prohibition to raise and maintain armed forces.Powers of Commander-in-Chief.CHAPTER TENMISCELLANEOUS PROVISIONS149.150.151.152.Provisions relating to resignation from various offices established bythis Constitution.Provisions relating to procedure of succession to office in Governmentservice.Interpretation.Title, commencement and application of this Constitution.FIRST SCHEDULE[Union Matters]SECOND SCHEDULEList one(Laws the amendment of which requires to be supported by at least two – thirds of allMembers of Parliament).List two(Matters the amendment of which requires to be supported by two-thirds of all Membersof Parliament from Mainland Tanzania and two-thirds of all Members of Parliament fromTanzania Zanzibar).11

THE CONSTITUTION OF THE UNITED REPUBLICOF TANZANIA, 1977Cap.500 [1965 Edition]Cap 598 [1965 Edition]Acts Nos14 of 19791 and 28 of 198021 of 198215 of 198414 and 16 of 19904 and 20 of 19927 of 19937 and 34 of 199412 of 19953 of 20001 of 2005G.N.No.133 of 2001G.N.No.150 of 2005[26th April, 1977)Act No.15of 1984Art.3PREAMBLEFOUNDATIONS OF THE CONSTITUTIONWHEREAS WE, the people of the United Republic of Tanzania, havefirmly and solemnly resolved to build in our country a society founded on theprinciples of freedom, justice, fraternity and concord:AND WHEREAS those principles can only be realised in a democraticsociety in which the Executive is accountable to a Legislature composed ofelected members and representative of the people, and also a Judiciary which isindependent and dispenses justice without fear or favour, thereby ensuring that allhuman rights are preserved and protected and that the duties of every person arefaithfully discharged:NOW, THEREFORE, THIS CONSTITUTION IS ENACTED BY THECONSTITUENT ASSEMBLY OF THE UNITED REPUBLIC OF TANZANIA,on behalf of the People, for the purpose of building such a society and ensuringthat Tanzania is governed by a Government that adheres to the principles ofdemocracy and socialism and shall be a secular state.12

Act No.15of 1984Art.5CHAPTER ONETHE UNITED REPUBLIC, POLITICAL PARTIES, THE PEOPLEAND THE POLICY OF SOCIALISM AND SELF-RELIANCEPART ITHE UNITED REPUBLIC AND THE PEOPLEProclamationof the UnitedRepublicAct No.15of 1984Art.6The territory ofthe UnitedRepublicAct No.15of 1984Art.6Act No.4of 1992Art.31. Tanzania is one State and is a sovereign United Republic.2.-(1) The territory of the United Republic consists of the whole of thearea of Mainland Tanzania and the whole of the area of Tanzania Zanzibar, andincludes the territorial waters.(2) For the purpose of the efficient discharge of the functions of theGovernment of the United Republic or of the Revolutionary Government ofZanzibar, the President may, in accordance with the procedures prescribed by lawor provisions of such law as may be enacted by Parliament, divide the UnitedRepublic into regions, districts and other areas:Provided that the President shall first consult with the President ofZanzibar before dividing Tanzania Zanzibar into regions, districts or other areas.Declaration ofmultiparty stateAct No.4of 1992Art.5Act No.1of 2005Art. 43.-(1) The United Republic is a democratic, secular and socialist statewhich adheres to multi-party democracy.(2)All matters pertaining to the registration and administration ofpolitical parties in the United Republic shall be governed by the provisions of thisConstitution and of a law enacted by Parliament for that purpose.Exercise ofstate authorityof the UnitedRepublicAct No.15of 1984Art.6Act No.1of 2005Art.54.-(1) All state authority in the United Republic shall be exercised andcontrolled by two organs vested with executive powers, two organs vested withjudicial powers and two organs vested with legislative and supervisory powersover the conduct of public affairs.(2) The organs vested with executive powers shall be the Government ofthe United Republic and the Revolutionary Government of Zanzibar; the organsvested with judicial powers shall be the Judiciary of the United Republic and theJudiciary of the Revolutionary Government of Zanzibar; and the organs vestedwith legislative and supervisory powers over public affairs shall be the Parliamentof the Untied Republic and the House of Representatives.(3) For the purposes of the efficient conduct of public affairs in theUnited Republic and for the allocation of powers among the organs specified inthis Article, there shall be Union Matters as listed in the First Schedule and there13

shall also be non-union maters which are all other matters not so listed.(4) Each organ specified in this Article shall be established and shalldischarge its functions in accordance with the other provisions of thisConstitution.The franchiseAct No.15of 1984Art.6Act No.3of 2000Art.45.-(1) Every citizen of the Untied Republic who has attained the age ofeighteen years is entitled to vote in any election held in Tanzania. This right shallbe exercised in accordance with the sub article (2), and of the other provisions ofthis Constitution and the law for the time being in force in Tanzania in relation topublic elections.(2) Parliament may enact a law imposing conditions restricting a citizenfrom 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; or(d)omission or failure to prove or to produce evidence as to age,citizenship or registration as a voter.Except for these grounds no other grounds shall disqualify a citizen fromexercising the right to vote.(3) Parliament shall enact electoral law to provide for the following:(a)the establishment of a permanent voters register and prescribing theprocedure for its amendment or updating information contained inthat register;(b)specification of places and times for the registration of voters andfor voting;(c)procedure and conditions for enabling a person registered as a voterin one place to vote in another; and(d)specification of the duties and functions of the ElectoralCommission and the procedure for every election which shall beconducted under the direction and supervision of the ElectoralCommission.PART IIFUNDAMENTAL OBJECTIVES AND DIRECTIVEPRINCIPLES OF STATE POLICYInterpretationAct No.15of 1984Art.66. In this Part of this Chapter, unless the context requires otherwise: the Government includes the Government of the United Republic, theRevolutionary Government of Zanzibar, local government authorities and anyperson who exercises power or authority on behalf of either “Government”.Application ofprovisions ofPart IIAct No.15of 1984Art.67.-(1) Notwithstanding the provisions of subarticle (2), it shall be the dutyand responsibility of the Government, all its organs and all persons or authoritiesexercising 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 any14

court. No court shall be competent to determine the question whether or not anyaction or omission by any person or any court, or any law or judgment complieswith the provisions of this Part of this Chapter.TheGovernmentand the PeopleAct No.15of 1984Art.68.-(1) The United Republic of Tanzania is a state which adheres to theprinciples of democracy and social justice and accordingly (a)sovereignty resides in the people and it is from the people that theGovernment through this Constitution shall derive all its power andauthority;(b)the primary objective of the Government shall be the welfare of thepeople;(c)the Government shall be accountable to the people; and(d)the people shall participate in the affairs of their Government inaccordance with the provisions of this Constitution.(2) The structure of the Government of the United Republic and theRevolutionary Government of Zanzibar or any of their organs, and the dischargeof their functions shall be so effected as to take into account the unity of theUnited Republic and the need to promote national unity and preserve nationaldignity.The pursuit ofUjamaa andSelf-RelianceAct No.15of 1984Art.6Act No.4of 1992Art.69. The object of this Constitution is to facilitate the building of the UnitedRepublic as a nation of equal and free individuals enjoying freedom, justice,fraternity and concord, through the pursuit of the policy of Socialism and SelfReliance which emphasizes the application of socialist principles while taking intoaccount the conditions prevailing in the United Republic. Therefore, the stateauthority and all its agencies are obliged to direct their policies and programmestowards ensuring (a)(b)(c)(d)(e)(f)(g)(h)(i)that human dignity and other human rights are respected andcherished;that the laws of the land are upheld and enforced;that activities of the Government are conducted in such a way as toensure that the national wealth and heritage are harnessed,preserved and applied for the common good and also to prevent theexploitation of one person by another;that the national economy is planned and promoted in a balancedand integrated manner;that every person who is able to work does work, and work meansany legitimate activity by which a person earns a living;that human dignity is preserved and upheld in accordance with thespirit of the Universal Declaration of Human Rights;that the Government and all its agencies accord equal opportunitiesto all citizens, men and women alike without regard to their colour,tribe, religion or station in life;that all forms of injustice, intimidation, discrimination, corruption,oppression or favouritism are eradicated;that the use of national wealth places emphasis on the development15

(j)(k)Status andauthority of thePart.Right to work,to educationaland otherpursuitsAct No.15 of1984Art.6of the people and in particular is geared towards the eradication ofpoverty, ignorance and disease;that economic activities are not conducted in a manner that mayresult in the concentration of wealth or the major means ofproduction in the hands of a few individuals; andthat the country is governed according to the principles ofdemocracy and socialism.10. [Repealed by Act No.4 of 1992].11.-(1) The state authority shall make appropriate pro

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