Constitution Of The United Republic Of Tanzania - NAO

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 provisions for therealization of a person’s right to work, to self education and social welfare attimes of old age, sickness or disability and in other cases of incapacity. Withoutprejudice to those rights, the state authority shall make provisions to ensure thatevery person earns his livelihood.(2) Every person has the right to access education, and every citizen shallbe free to pursue education in a field of his choice up to the highest levelaccording to his merits and ability.(3) The Government shall make efforts to ensure that all persons areafforded equal and sufficient opportunity to pursue education and vocationaltraining in all levels of schools and other institutions of learning.PART IIIBASIC RIGHTS AND DUTIESThe Right to EqualityEquality ofhuman beingsAct No.15of 1984Art.6Equality beforethe lawAct No.15of 1984Art.6Act No.4of 1992Art.8Act No.7of 1994Art. 8(1)(k)Act No.3of 2000Art.512.-(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 anydiscrimination, to protection and equality before the law.(2) No law enacted by any authority in the United Republic shall makeany provision that is discriminatory either of itself or in its effect.(3) The civic rights, duties and interests of every person and communityshall be protected and determined by the courts of law or other state agenciesestablished by or under the law.(4)No person shall be discriminated against by any person or anyauthority acting under any law or in the discharge of the functions or business ofany state office.(5) For the purposes of this Article the expression “discriminate” meansto satisfy the needs, rights or other requirements of different persons on the basis16

of their nationality, tribe, place of origin, political opinion, colour, religion, sex orstation in life such that certain categories of people are regarded as weak orinferior and are subjected to restrictions or conditions whereas persons of othercategories are treated differently or are accorded opportunities or advantageoutside the specified conditions or the prescribed necessary qualifications exceptthat the word “discrimination” shall not be construed in a manner that willprohibit the Government from taking purposeful steps aimed at rectifyingdisabilities in the society.(6) To ensure equality before the law, the state authority shall makeprocedures which are appropriate or which take into account the followingprinciples, namely:(a)when the rights and duties of any person are being determined bythe court or any other agency, that person shall be entitled to a fairhearing and to the right of appeal or other legal remedy against thedecision of the court or of the other agency concerned;(b)no person charged with a criminal offence shall be treated as guiltyof the offence until proved guilty of that offence;(c)no person shall be punished for any act which at the time of itscommission was not an offence under the law, and also no penaltyshall be imposed which is heavier than the penalty in force at thetime the offence was committed;(d)for the purposes of preserving the right or equality of humanbeings, human dignity shall be protected in all activities pertainingto criminal investigations and process, and in any other matters forwhich a person is restrained, or in the execution of a sentence; and(e)no person shall be subjected to torture or inhuman or degradingpunishment or treatment.The Right to LifeRight to lifeAct No.15of 1984Art.614. Every person has the right to live and to the protection of his life bythe society in accordance with the law.Right topersonalfreedomAct No.15of 1984Art.615.-(1) Every person has the right to freedom and to live as a free person.(2) For the purposes of preserving individual freedom and the right to liveas a free person, no person shall be arrested, imprisoned, confined, detained,deported or otherwise be deprived of his freedom save only (a)(b)Right to16.-(1)under circumstances and in accordance with procedures prescribedby law; orin the execution of a judgment, order or a sentence given or passedby the court following a decision in a legal proceeding or aconviction for a criminal offence.Every person is entitled to respect and protection of his person,17

privacy andpersonalsecurityAct No.15of 1984Art.6the privacy of his own person, his family and of his matrimonial life, and respectand protection of his residence and private communications.(2) For the purpose of preserving the person’s right in accordance withthis Article, the state authority shall lay down legal procedures regarding thecircumstances, manner and extent to which the right to privacy, security of hisperson, his property and residence may be encroached upon without prejudice tothe provisions of this Article.Right tofreedom ofmovementAct No.15of 1984Art.617.-(1) Every citizen of the United Republic has the right to freedom ofmovement in the United Republic and the right to live in any part of the UnitedRepublic, to leave and enter the country, and the right not to be forced to leave orbe 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 imprisonhim; or(b)limit a person from exercising his freedom of movement so as to (i)execute a judgment or court order; or(ii)compel a person first to comply with any obligationsarising under another law; or(iii)protect public interest in general or preserve certainspecial interest or interests of a certain section of thepublic,such act or law shall not be construed or be held to be repugnant to orinconsistent with the provisions of this Article.The Right to Freedom of ConscienceFreedom ofexpressionAct No.1of 2005Art.6Right offreedom ofreligionAct No.15of 1984Art.6Act No.4of 1992Art.9Act No.1of 200518. Every person (a)has a freedom of opinion and expression of his ideas;(b)has a right to seek, receive and, or disseminate informationregardless of national boundaries;(c)has the freedom to communicate and a freedom with protectionfrom interference from his communication; and(d)has a right to be informed at all times of various important eventsof life and activities of the people and also of issues of importanceto the society.19.-(1) Every person has the right to the freedom of conscience, faith andchoice in matters of religion, including the freedom to change his religion or faith.(2) Protection of rights referred to in this Article shall be in accordancewith the provisions prescribed by the laws which are of importance to ademocratic society for security and peace in the society, integrity of the societyand the national coercion.18

Art.6(3) In this Article reference to the term “religion” shall be construed asincluding reference to religious denominations, and cognate expressions shall beconstrued accordingly.Person’sfreedom ofassociationAct No.15of 1984Art.6Act No.1of 2005Art.7Freedom toparticipate inpublic affairsAct No.15of 1984Art.6Act No.34of 1994Art.420.-(1) Every person has a freedom, to freely and peaceably assemble,associate and cooperate with other persons, and for that purpose, express viewspublicly and to form and join with associations or organizations formed forpurposes of preserving or furthering his beliefs or interests or any other interests.(2) Notwithstanding the provisions of subarticles (1) and (4), it shall notbe lawful for any political party to be registered which according to itsconstitution or policy (a)aims at promoting or furthering the interests of (i)any faith or religious group;(ii)any tribal group, place of origin, race or gender;(iii)only a particular area within any part of the UnitedRepublic;(b)advocates for the break-up of the United Republic;(c)accepts or advocates for the use of the force or violentconfrontation as means of attaining its political goals;(d)advocates or intends to carry on its political activities in only onepart of the United Republic; or(e)does not permit periodic and democratic election of its leaders.(3) Parliament may enact legislation which makes provisions for ensuringthat political parties operate within the limits and adhere to the conditions set outin subarticle (2) concerning the freedom and the right of persons to associate andassemble.(4) It shall be unlawful for any person to be compelled to join anyassociation or organization, or for any association or for any political party to berefused registration on grounds solely of the ideology or philosophy of thatpolitical party.Subject to the provisions of Article 39, 47 and 67 of this21.-(1)Constitution and of the laws of the land in connection with the conditions forelecting and being elected or for appointing and being appointed to take part inmatters related to governance of the country, every citizen of the United Republicis entitled to take part in matters pertaining to the governance of the country,either directly or through representatives freely elected by the people, inconformity 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 theprocess leading to the decision on matters affecting him, his well-being or thenation.19

The Right to WorkRight to workAct No.15of 1984Art.622.-(1) Every person has the right to work.(2) Every citizen is entitled to equal opportunity and right to equal termsto hold any office or discharge any function under the state authority.Right to justremunerationAct No.15of 1984Art.6Every person, without discrimination of any kind, is entitled to23.-(1)remuneration commensurate with his work, and all persons working according totheir ability shall be remunerated according to the measure and qualification forthe work.(2) Every person who works is entitled to just remuneration.Right to ownpropertyAct No.15of 1984Art.6Act No.1of 2005Art.924.-(1) Every person is entitled to o

THE EXECUTIVE OF THE UNITED REPUBLIC PART I THE PRESIDENT 33. President of the United Republic. 34. The Government of the United Republic and its Authority. 35. Discharge of business of the Government. 36. Authority to constitute offices and to appoint officers. 37. Discharge of duties and functions of President. 38. Election of President. 39.