Constitution of the United Republic of Tanzania (last amended 1985)

FIRST CHAPTER - THE UNITED REPUBLIC, PARTY, PEOPLE AND POLICIES OF SOCIALISM AND SELF-RELIANCE

SECTION ONE - THE UNION REPUBLIC AND PEOPLE

1. Tanzania is one nation and a United Republic

2. Declaration of a Republic Area of the Union Republic

(1) The area of the Union Republic is all the area of Tanzania mainland and all the area of Tanzania Zanzibar, and includes the area of sea adjoining Tanzania.

(2) For the purposes of efficient implementation of programs of the United Republic of Tanzania or the Revolutionary Government of Zanzibar, the President can divide the Union Republic into provinces, districts and other areas, by following the procedure laid down or agreed upon by the Party; except that the President will first consult with the President of Zanzibar before dividing Tanzania Zanzibar into provinces, districts or other areas.

3. Declaration of a one party nation

(1) The Union Republic is a democratic and socialist nation with one political party.

(2) The party exercises Executive powers over all matters in accordance with this Constitution and the Constitution of the Party.

(3) The Revolutionary party, in short "CCM", is the only political party in the United Republic.

4. Implementation of matters of State responsibilities

(1) All matters of State in the United Republic of Tanzania will be carried out and approved by two instruments with responsibilities of planning, two instruments with responsibilities of administering justice, and also two instruments with responsibilities of enacting laws and of supervising the implementation of matters involving the people.

(2) The instruments with the responsibilities of planning will be the Government of the United Republic and the Revolutionary Government of Zanzibar; the instruments responsible for administering justice will be the Judiciary Department of the Union Republic and the Judiciary Department of the Revolutionary Government of Zanzibar; and the instrument responsible for enacting laws and the supervision of matters involving the people will be the Parliament and the Council of Representatives.

(3) For the purposes of efficient administration of matters involving the people in the Union Republic, and for the sake of accountability among the instruments mentioned in this paragraph, there will be matters to be dealt with by the Union such as those listed in the First Addendum at the end of this Constitution, and also there will be non-Union matters which are all others that are not matters of the Union.

(4) Each instrument mentioned in this paragraph will be established and will carry its responsibilities in accordance with other conditions contained in this Constitution.

5. The right to vote

(1) Any Tanzanian citizen who has attained the age of 18 years has the right to vote in elections conducted in Tanzania. This right will be exercised in accordance with sub-paragraph (2) along with other conditions in this Constitution and the existing law applicable in Tanzania regarding elections.

(2) The Parliament can enact a law and lay down conditions that could bar a citizen from exercising the right to vote based on any of the following reasons, that is if the person:-

(a) holds citizenship of another country

(b) is mentally sick

(c) has been convicted of certain criminal charges

(d) is not able to prove or provide proof of age, citizenship or registration as voter.

(3) Parliament will enact an Election Law and lay down conditions on the following matters:

(a) the procedure of registering voters in the elections for the President of the Republic and of members of Parliament;

(b) to set venues and periods of voter registration and voting;

(c) procedure to enable a voter who has been registered in one place to vote in another place and to set the conditions for the application of this procedure;

(d) to set terms of reference for the Electoral Commission and the procedure of each and every election that will be conducted under the direction and supervision of the Electoral Commission.

SECTION TWO - IMPORTANT OBJECTIVES AND THE BASIC STRUCTURES OF THE DIRECTION OF GOVERNMENT AFFAIRS

6. Interpretation

In this Section of this Chapter, except when indicated otherwise, the word "Government" shall mean the Government of the Union Republic and the Revolutionary Government of Zanzibar, local authorities and also anyone exercising any authority on behalf of the Government.

7. Application of conditions in Section Two

(1) Without regard to the contents in sub-paragraph (2), the Government all its instruments and all the people or any Authority holding governing responsibilities, responsibilities in law-making or responsibilities in administering justice, will have an obligation to comply, pursue and implement all the conditions in this Section of this Chapter.

(2) The conditions in this Section of this Chapter will not receive the legal backing of any court of law. No court of law in the country will have the powers to offer judgement on a course of action or lack of action on an issue against a person or any Authority, if the law or any judgement is in compliance with the conditions in this Section of this Chapter.

8. The Government of the people

(1) The United Republic of Tanzania is a nation which adheres to the values of democracy and social justice, and therefore:-

(a) The people are the foundation of all Authority, and the Government will receive its authority and all its powers from the people in accordance with this Constitution;

(b) The main objective of the Government will be the well-being of the people;

(c) The Government will be answerable to the people;

(d) The people will participate in the affairs of their Government in accordance with the stipulations of this Constitution.

(2) The foundation of the Government of the United Republic and the Revolutionary Government of Zanzibar, or of any of any of its instruments and the administration of its affairs, will be sustained through the forging of national unity in the Union Republic and the commitment to fostering national unity and maintaining national integrity.

9. Building socialism and self-reliance

(1) The aim of this Constitution is to enable the Union Republic to develop as a nation of equal and independent people, who enjoy freedom, justice, brotherhood and peace by following the policies of socialism and self-reliance, which require the implementation of the philosophy of socialism by taking into account the existing conditions in Tanzania.

Therefore, the Authority of the State and all its instruments must direct all their activities and policies towards the task of ensuring:-

(a) that individual and all other human rights are respected and cherished;

(b) that the laws of the land are protected and implement;

(c) that the affairs of the Government are carried out in such a way as to ensure that the natural resources of the nation are develop and also to guard against exploitation of man by man;

(d) that the economic development of the nation is enhanced and properly planned and coordinated;

(e) that every able bodied person capable of working secures work, and work means any legal activity that provides a person with the means of sustenance;

(f) that human dignity is preserved and maintained in accordance with the International Declaration on Human Rights;

(g) that the Government and all its instruments of the people offer equal opportunities for all citizens, men and women, regardless of color, tribe, religion, or creed;

(h) that all forms of exploitation, intimidation, discrimination, corruption, persecution and favoritism are eliminated from the country;

(i) that utilisation of national wealth emphasizes the development of the people and is especially directed towards the task of eradicating poverty, ignorance and disease;

(j) that economic activities are not carried out in such a way that will result in amassing of wealth or economic dominance by a few individuals, and that the Government will control major aspects of the economy;

(k) that the country is governed by following the foundations of democracy and socialism.

10. Opportunities and party authority

(1) All political activities in the country involving the Union Republic will be carried out either by the Party itself or under the direction and supervision of the Party.

(2) Without undermining the conditions of the Constitution, all activities of the instruments of the people in the Union Republic will be carried out under the direction and supervision of the Party.

(3) The Party will have the responsibility of ensuring that all instruments charged with the task of implementing the affairs of the people will implement those affairs by carefully adhering to the conditions and the Laws of the land.

11. The right to work, education and other rights

(1) The governing Authority will spell out appropriate procedures for the purposes of ensuring the existence of individual rights to work, to education and the right to receive assistance from the society at old age, when sick and disabled, or whenever a situation arises that will render one disabled. Without undermining those rights, the governing Authority will spell out a procedure to ensure that every individual earns a living through his own sweat.

(2) Everyone has the right to educate himself, and every citizen will be free to earn an education in any field desired and reach any limits depending on his merit and capability.

(3) The Government will endeavor to ensure that all people get equal and enough opportunity to enable them to secure an education and technical training in all levels in schools and other institutions of learning.

SECTION THREE - RIGHTS AND OBLIGATIONS

RIGHTS TO EQUALITY

12. Human rights

(1) All human beings are born free and all are equal

(2) Everyone deserves the respect of recognition and his life to be valued.

13. Equality before the law

(1) All people are equal before the law, and have the right, without discrimination of any king, to be protected and to be accorded equal justice before the law.

(2) It is forbidden for any law enacted by any Authority in the Union Republic to impose any condition which is of a discriminatory the Union Republic to impose any condition which is of a discriminatory nature or which is obviously to one's disadvantage.

(3) The rights of the people, the well-being and interests of everyone and the society will be protected and arbitrated by the courts and other instruments of authority laid down by the Law and in accordance with the Law.

(4) It is forbidden for anyone to be discriminated against by anyone or any authority which is exercising its powers under any law or in carrying out any duty or function of the Authority of the State of the Party and its instruments.

(5) For the purpose of interpreting the conditions in this paragraph, the word "discrimination" means meeting the needs, rights or other requirements of different people based on their nationality, tribe, their origin, their political affiliation, color, religion or their lifestyles in such a way that certain people are made or considered inferior and subjected to restrictions or conditions of restrictions whereas other people are treated differently or are given opportunities or benefits that are outside the conditions or compulsory restrictions.

(6) For the purposes of ensuring equality before the law, the Governing Authority will lay down appropriate guidelines or those that are in conformity with directions that-

(a) when the rights and well-being of anyone need to be ascertained by a court of law or any other relevant instrument of law or any other instrument, then that person will have the right to be given a chance to be listened to in full, also the right to appeal or to receive other legal considerations arising from the decisions of the court or of that other relevant instrument.

(b) It is forbidden for anyone who has been accused of a criminal offence to be considered guilty until it has been proved that the person is guilty of the offence.

(c) It is forbidden for anyone to be punished for any action which at the time of commission was not an offence under the law, and also that it is forbidden for a punishment to be given which is harsher than the punishment allowed at the time of the commission of the said offence.

(d) In order to maintain human justice and equality, human dignity will be protected in all areas and matters of investigation, and matters involving crime and in all other activities where an individual is under protective custody, or in ensuring the application of punishment.

(e) It is forbidden for a person to be tortured, to be punished unnaturally or to be given punishment that humiliates or degrades him.

THE RIGHT TO LIVE

14. The right to live

Everyone has the right to exist and to receive from the society protection for his life, in accordance with the law.

15.

(1) Everyone has the right to be free and to live as a free person.

(2) For the purposes of protecting the right of a person to be free and live in freedom, it will be forbidden for anyone to be arrested, jailed, remanded in custody, detained, forcibly be arrested, jailed, remanded in custody, detained, forcibly repatriated or denied his freedom in any way, except only:-

(a) In accordance with the laid down guidelines under the law; or

(b) In carrying out judgement, order or punishment given by a court of law following the decision or conviction of a person for a criminal offence.

16.

(1) Everyone deserves the respect and protection of his life, his individual right and that of his family and household, also respect and protection of his abode and his personal communication.

(2) For the purposes of maintaining individual rights in accordance with this paragraph, the governing Authority will lay down legal guidelines in respect of circumstances of how and to the extent in which private rights of a person and of his well-being, his property and his abode may be infringed upon without jeopardising this paragraph.

17. The freedom of movement

(1) Every citizen of the Union Republic has the right to go whenever he wishes in the Union Republic, to live anywhere, to travel outside the country and to enter the country, and also the right not to be forced to emigrate or be expelled from the Union Republic.

(2) Any legal action or any law whose intentions are-

(a) To diminish the freedom of a person to go whenever he wishes and to put him under guard or in prison; or

(b) To establish boundaries for use of freedom of a person to go whenever he want so as;-

(i) to carry out judgement or order of a court of law; or

(ii) to force someone to complete first any obligation expected of him by other laws; or

(iii) to protect national interests in general or to maintain certain special interests or interests of a certain section of society, such action will not be taken into consideration or that law will not be considered illegal or against this paragraph.

THE RIGHT TO FREEDOM OF THOUGHT

18. Freedom of expression

(1) Without jeopardising the laws of the country, everyone is free to express any opinion, to offer his views, and to search for, to receive and to give information and any ideas through any medium without consideration to country boundaries, and is also free to engage in personal communication without interference.

(2) Every citizen has the right to be informed at all times about different events taking place within the country and around the world, events that are important to his life and to the livelihood of the people, and also about important social issues.

19. Freedom of worship

(1) Everyone is entitled to freedom of thought, worship and choice on matters of religion.

(2) Without jeopardising the laws applicable in the Union Republic, promotion of religion, worship and evangelisation will be to the administration of religions will be outside the jurisdiction of the State.

(3) Wherever there is reference to "religion" in this paragraph it should be understood that its meaning also includes religious denominations, and other references that have identical meaning to the word, and such meanings will be similarly interpreted.

20. Freedom of association with others

(1) Everyone deserves to be free, without jeorpadising the laws of the land, to interact voluntarily and peacefully with other people, and to associate and integrate with others, to offer his opinion publicly, and on top of that to establish or join a party or organisations established with the objectives of maintaining and promoting his faith or his interests of other interests.

(2) Without jeopardising applicable laws of the land, it is forbidden for anyone to be forced to join any political party.

21. Freedom to participate in national affairs

(1) Every citizen of the Union Republic has the right to participate in the affairs of governing the country, either directly or through officials elected voluntarily by the people in accordance with laid down guidelines and laws.

(2) Every citizen has the right and freedom to participate fully in the process of decision making on matters affecting him, his life and those affecting the nation.

THE RIGHT TO WORK

22. The right to work

(1) Everyone has the right to work

(2) Every citizen deserves equal opportunity and rights under the conditions of equality, of holding any position of employment or activity under the authority of the State.

23. Right to rightful emoluments

(1) Everyone without any discrimination, has the right to receive emoluments compatible with his work, and all the people who perform duties compatible with their qualifications will be paid according to their status and level of the position they hold.

(2) Every working person deserves rightful emoluments.

24. Right to own property

(1) Without jeopardising applicable laws of the land, every one has the right to own property and the right to keep his property in accordance with the law.

(2) Without jeopardising the stipulations in sub-paragraph (1), it is forbidden for anyone to be deprived of his property through nationalisation or through other means without recourse to law which lays down the procedure for fair compensation.

OBLIGATION TO THE COMMUNITY

25. Obligation to work

(1) Labor alone is the source of wealth of property in the community, is the foundation of prosperity for the people and the barometer for humanhood. Everyone has the obligation:-

(a) to engage willfully and honestly in legal productive labor; and

(b) to maintain labor relations and endeavor to reach production goals on a personal basis and on collective basis as required and as laid down by the law.

(2) Without regard to sub-paragraph (1), there will be no forced labor in the Union Republic.

(3) For the purposes of this paragraph, and in this Constitution as a whole, let it be understood that no work will be considered forced, crew or humiliating if that work, in accordance with the law, is:-

(a) work required to be done as a result of judgement or court order

(b) work that must be done by the armed forces of any kind in fulfilling their responsibilities;

(c) work that anyone is required to do as a result of an emergency situation or any conflict that threatens the survival or prosperity of the society;

(d) any relief work that is part of -

(i) normal responsibilities to ensure development of the society

(ii) compulsory nation building initiatives, in accordance with the law;

(iii) national efforts in harnessing the contribution of everyone in the work of developing the society and national economy and ensuring success in development.

26. Obligation to obey laws of the counter

(1) Everyone is expected to obey the Constitution and the laws of the Union Republic.

(2) Everyone has the right, in complying with the guidelines established by law, to take legal actions to ensure the preservation of the Constitution and laws of the land.

27. Protection of public property

(1) Everyone has the responsibility of conserving the natural resources of the Union Republic, property under the care of the State and all properties under the jurisdiction of the public, and also to respect the property of others.

(2) Everyone is expected to protect with care properties under care of the State, and of collective nature, to combat all forms of destruction, and to participate in the economic development of the country in an orderly manner as if they are they future decision makers of heir nation.

28. National security

(1) Every citizen has the responsibility of protecting, preserving and maintaining freedom, authority, land and national unity.

(2) Parliament may enact appropriate laws to enable the people to join the Armed forces and in the defense of the country.

(3) No one will have the right to signalman agreement accepting defeat in a war and to surrender the nation to the victor, or to acquiesce or recognise an act of invasion or division of the Union Republic or of any section of the nation, and without jeopardising this Constitution and existing laws, no one shall have the right to stop the people of the Union Republic from fighting a war against any enemy who may attack the country.

(4) Treason as interpreted by the law will be the highest form of crime against the Union.

General Conditions

29. Rights and important responsibilities

(1) Everyone in the Union has the right to enjoy basic human rights and everyone has a duty to fulfil his obligation to the society, as explained in paragraph 12 to 28 of this part of this Chapter.

(2) Everyone in the Union has the right to receive equal treatment under the laws of the Union.

(3) No citizen of the Union will have right, position of honor or special title based on lineage, origin or inheritance.

(4) It is forbidden by any law to confer rights, title or special honor to any citizen of the Union based on lineage, origin or inheritance.

(5) For everyone to be able to enjoy rights and freedom as outlined in this Constitution, everyone has an obligation to act and to engage in his affairs in such a way that it will not interfere with the rights and freedom of others, or interests of the public.

30. Limitation to rights and freedom rights and responsibilities

(1) Human rights and freedom whose foundation has been outlined in this Constitution will not be used by one person in a way that will result in interference or curtailment of rights and freedom of others or interests of the public.

(2) Let it be understood that conditions contained in this Section of the Constitution, interpreting the rights, freedom and human responsibilities do not illegalize in any way the established law or prevent any law from being enacted or any legal action being taken in accordance with that law, so as:-

(a) to ensure that justice and freedom of others or interests of the public are not violated by misuse of freedom and individual rights;

(b) to ensure that security, safety of the society, peace of the community, good conduct in the community, community health, development programs in cities and villages, production and utilisation of minerals, or aimed at developing the well being of the public;

(c) to ensure the implementation of judgement decisions or court order reached on any matter of civil or criminal nature;

(d) to maintain the reputation, justice and freedom of the majority of the people or individual life of people involved in court decisions; to prevent conveyance of secret information; to maintain respect, authority and freedom of the court;

(e) to impose restrictions, administer and guard against the establishment, operation and matters of unions and private organisations in the country; or

(f) to allow any other activity to take place, activity which will help develop and preserve the interests of the nation in general.

(3) Anyone who claims that any condition in this part of the Chapter or in any law relating to his rights or his obligations has been violated by anyone anywhere in the Union can file suit in the High Court.

(4) Without jeopardising, any other condition contained in this Constitution, the High Court will have the Authority to hear for the first time and to offer judgement on any matter brought before the court by referring to this paragraph; and the Authority of the State may enact a law so as:-

(a) to administer the procedure of filing suit in accordance with this paragraph;

(b) to interprete the powers of the High Court in hearing the suit filed under this paragraph.

(c) to ensure proper application of the powers of the High Court, protection and reinforcement of justice, freedom and obligations in accordance with this Constitution.

Exclusive Powers of the Authority of State

31. Violation of rights and freedom

(1) Apart from the conditions contained in paragraph 30 (2) any law enacted by Parliament will not be illegal just because it allows action to be taken during an emergency, or in case of ordinary time, against people believed to be engaged in actions that endanger or harm the security of the nation, actions which are in violation of paragraphs 14 and 15 of this Constitution.

(2) It is forbidden for the actions mentioned in sub-paragraph (1) of this paragraph to be taken in accordance with any law during an emergency or during ordinary time, against anybody, except when such actions are necessary and legal to deal with the situation during the period of the state of emergency or during ordinary time to deal with the situation caused by the person in question.

(3) Let it be understood that the conditions contained in this paragraph will not sanction the deprivation of one's rights to exist except due to death caused by acts of war.

(4) For the purposes of this paragraph and the following paragraphs in this Section, "during the period of the state of emergency" means any period that the Declaration of Emergency made by the President exercising powers accorded him in paragraph 32, shall be in operation.

32. Powers to declare State of Emergency

(1) Without jeopardising this Constitution or the law enacted by Parliament for that purpose, the President may declare a State of Emergency in the Union Republic or in any part of the Republic.

(2) The President can only declare a State of Emergency when–

(a) the Union Republic is in a state of war;

(b) there is a danger that the Union is about to be invaded and ready to enter into a state of war; or

(c) there is a threat to national peace or lack of security for the people in the Union Republic or in any of its parts in such a way that necessitates extraordinary steps to be taken to maintain peace and security; or

(d) there is definite danger, of great magnitude, to an extent that peace will be disrupted and public safety will be endangered in the Union Republic or in any of its parts, a situation which can only be contained by resorting to extra/ordinary steps; or

(e) there is an impending danger or national disaster that threatens the society or part of the society in the Union Republic; or

(f) there are other dangers that are obviously a threat to the country.

(3) Whenever there is a State of Emergency in the Union Republic as a whole, or in Tanzania Zanzibar as a whole or in Tanzania Mainland as a whole, the President will serve a copy of that Declaration to the Secretary General of the party and to the Speaker of the National Executive and Parliament within a period of 14 days in order to assess the situation and decide whether to approve or disapprove the action which will be adopted by a vote of not less than two thirds of the members, in support of the Declaration of a State of Emergency made by the President.

(4) Parliament may enact a law laying down the conditions in respect of the period and procedure that will enable certain people charged with the implementation of Government Authority in certain specific areas in the Union Republic to request the President to use his powers given to him in this paragraph in respect of any of the areas if there exists in those areas the situation mentioned in sub-sections (c), (d) and (e) of sub-Paragraph (2) and that the situation does not spill over the boundaries of those areas; and also for the purpose of implementation of Government Authority during a State of Emergency.

(5) The Declaration of a State of Emergency made by the President in accordance with this paragraph will cease to be effective–

(a) Once it is abrogated by the President

(b) When at the expiry of fourteen days after the Declaration is made no action has been taken as per sub-paragraph (3); above;

(c) At the end of six months after the Declaration is made; except that a session of Parliament and the National Executive can, that a session of Parliament and the National Executive can, that a session of Parliament and the National Executive can, before the expiry of six months extend periodically the duration of that Declaration up to a period of six more months based on a motion to be supported by not less than two thirds of the votes of all members of that session;

(d) At any time when a joint session of Parliament and the National Executive nullifies the Declaration by a motion to be supported by not less than two thirds of the votes of all members.

(6) For the purpose of avoiding any ambiguities on the interpretation and implementation of the conditions in this paragraph, the conditions contained in the law enacted by Parliament and of any other law relating to the Declaration of a State of Emergency as mentioned in this paragraph, will only be applicable in the area of the Union Republic where a State of Emergency has been declared."

CHAPTER TWO - THE GOVERNMENT OF THE UNION REPUBLIC

SECTION ONE - The President

33. The President of the Union Republic

(1) There will be a President of the Union Republic

(2) The President will be the Head of State, Head of Government and Commander in Chief of the Armed Forces.

34.The Government of the Union Republic and its Authority

(1) There will be a Government of the Union Republic which will have the authority over all matters of the Union in the Union in the Union Republic and also over all other matters relating to mainland Tanzania.

(2) The Authority of the Government of the Union Republic will be responsible for the implementation and preservation of the Constitution and will have jurisdiction over all other matters over which Parliament has legislative powers.

(3) All the Authority of the Government of the Union Republic in respect of all Union matters in the Union Republic, also in respect of other matters involving mainland Tanzania, will be under the jurisdiction of the President of the Union Republic.

(4) Without jeopardising other conditions of this Constitution, the duties of the Government of Union Republic will be carried out either by the President directly or by delegation of those duties to other people in authority in the civil service of the Union Republic.

(5) Let it be understood that the conditions contained in this paragraph will not be considered that-

(a) they transfer to the President all the legal powers entrusted by law to anyone or any authority that is not Presidential.

(b) they are requesting the Parliament to entrust any legal powers to an individual or individuals or any authority that is not Presidential.

35. Implementation of Government matters

(1) All matters involving planning in the Government of the Union Republic will be implemented by civil servants on behalf of the President.

(2) Other orders and instructions which will be given for the purpose of this paragraph will be approved as will be outlined in Presidential directives, in accordance will the conditions in this Constitution.

36. Authority of establishing posts and appointments of people to hold high level positions

(1) Without jeopardising other conditions contained in this Constitution and in any other law, the President will have the authority to establish and abolish responsible positions of different levels in the civil service of the Union Republic.

(2) Without jeopardising other conditions contained in this Constitution and those of any other applicable law, the prerogative of appointing people to responsible positions in the civil service of the Union Government, and also the prerogative of promoting people, removing them from responsibilities, firing them and the responsibility of maintaining order among those entrusted with positions of responsibility will be in the hands of the President, the Civil Service Commission and other authoritative bodies appointed and given the responsibility over any position or high level position of responsibility in accordance with the Constitution or in accordance with any applicable law.

37. Performance of duties and functions of the President

(1) Apart from complying with the conditions contained in this Constitution the laws of the Union Republic and the philosophy and guidelines of the party in carrying out his duties and his functions the President will be free and will not have to take the advice of anyone, except when required by the Constitution or by other law to act in line with the advice given to him by anyone or any authority.

(2) Whenever the Cabinet is of the opinion that the President is incapable of carrying out his duties due to physical or mental illness, it can convey to the Chief Justice a motion asking the Chief Justice to confirm that the President, as a result of physical or mental illness, is incapable of discharging his duties. After receiving medical evidence to support the motion, the Chief Justice will convey to the National Executive a memorandum to confirm that the President as a result of physical or mental illness, is incapable of discharging his duties. Once it has received this memorandum, the National Executive will declare that the President is incapable of discharging his duties resulting from physical or mental illness, and if the National Executive does not annul such a declaration within seven days after the President recovers and resumes his duties, then it will be considered that the seat of the President is vacant and the conditions set in sub-paragraph (3) will apply.

(3) Should the President's seat become vacant as a result of the reasons given in sub-paragraph (2), or if the seat of the President is vacant because of any other reason, and whenever the President is not present in the Union Republic, then, his duties and Presidential functions will be performed by one of the following, in order prescribed, that is–

(a) The First Vice President or, if his seat is vacant or if he too is not present or is sick; then

(b) The Second Vice President, or if his seat is vacant or he too is not present or is sick; then

(c) The Speaker of the National Assembly, or if his seat is vacant or he too is sick; then

(d) The Chief Justice of the Court of Appeal of the Union Republic.

(4) Whenever any of the people mentioned above in sub-section (b), (c) and (d) of the sub-paragraph (3) assumes the duties and functions of the President because the person preceding him on the list is not present, then that person will cease to perform such duties and functions immediately after the person preceding him returns, assumes and begins to perform the duties and functions of the President.

(5) Whenever the seat of the President becomes vacant due to death, resignation, loss of confidence at elections or inability to perform his duties due to physical illness or his inability to perform the duties and functions of the President, then there will be an election to fill and functions of the President, then there will be an election to fill the vacant post as soon as possible, and in any case, not later than ninety days after the President's seat becomes vacant; and without jeopardising conditions contained in paragraph 43, the person elected to fill the vacant position will hold the position of President until he is elected again or a new President takes over after the next election.

(6) Let it be understood that the seat of the President will not be vacant and the President will not be considered absent from the Union Republic if–

(a) he will not be present in the city which is the capital seat of the Government of the Union Republic;

(b) he will not be present in the Union Republic during a period of 24 hours; or

(c) he will be ill but expecting to recover within a short period of time.

(7) If any of the matters mentioned in sub-paragraph (6) occurs and the President considers it necessary to delegate his powers for of the persons mentioned in sub-sections (a) or (b) of sub-paragraph (3) of this paragraph to assume the responsibilities of the President during his absence or illness, and the person thus appointed will perform the said responsibilities of the President in compliance with any conditions laid down by the President; except it should be understood that the conditions contained in this sub-paragraph do not diminish or jeopardise the powers of the President in accordance with any other law that allows him to delegate his powers to any other person.

(8) The President may, if he considers it necessary to do so, order in writing that any Minister performs any duty or any functions of the President which the President will outline in his order and the Minister thus ordered in accordance with the conditions in this sub-paragraph will assume the responsibilities of carrying out such duties and functions by complying with any conditions laid down by the President but without any regard to any other law; except that–

(a) The President will not have the powers to delegate to a Minister in accordance with the conditions in this sub-paragraph any duties of the President delegated to him by any law arising from conditions of any agreement signed by the Union Republic if by law the President is not by the Union Republic if by law the President is not allowed to delegate such duties to any other person;

(b) Let it be understood that the order given by the President in accordance with the conditions of this sub-paragraph, ordering any Minister to assume any duties of the President, will not be seen as preventing the President from performing his duties himself.

(9) For the purposes of interpreting the conditions in this paragraph-

(a) A meeting of the Cabinet called to convey to the Chief Justice a motion about the health of the President will be considered to be a legal meeting even though any member of Cabinet may not be present, or his seat may be vacant, and will be concluded that the Cabinet has approved the motion if it is supported by a majority of the members attending the meeting and voting;

(b) The President will not be considered to be absent from the Union Republic when on transit outside Tanzania while on a trip from one Republic when on transit outside Tanzania while on a trip from one area in Tanzania to another, or because he has issued an order in accordance with the conditions of sub-paragraph (7) and that such an order has not been cancelled.

(10) Without regard to the conditions outlined earlier in this paragraph, the person performing the duties and functions of the President in accordance with this Paragraph will not have the powers to remove any of the Vice Presidents or other Cabinet Ministers from their positions.

(11) Any person performing the duties and functions of the President in accordance with this paragraph, if he is an elected Member, will not lose his seat in Parliament nor will he forfeit his right to be elected a member only because he performed the duties and functions of the President in accordance with the conditions of this paragraph.

38. Election of President

(1) The President will be elected by the people in accordance with the conditions of this Constitution and in accordance with the law laying down conditions concerning the election of the President enacted by Parliament by following the conditions of this Constitution.

(2) The election of the President will be held whenever any of the following matters occur-

(a) When Parliament is dissolved;

(b) When the President resigns before first dissolving Parliament

(c) After the President has been discredited from holding an elective office;

(d) After it is confirmed n accordance with the condition of paragraph 37 of this Constitution that the President is incapable of performing his duties;

(e) When the President dies;

39. Qualifications for election as President

(1) A person does not qualify to be president of the Union Republic except when:-

(a) he has attained the age of 40 years; and

(b) has the qualifications to be elected or nominated as a Member of Parliament or a Member of the Council of Representatives;

40. Right of re-election

(1) Without jeopardising any other conditions contained in this paragraph, anyone who is already President may be re-elected to this office.

(2) No one will be elected to more than two terms as president.

(3) The person who served as President of Zanzibar will not forfeit his right to become President of the Union Republic only because he happened to have served as President of Zanzibar.

41. Procedure of electing the President

(1) After Parliament is dissolved or when there are events such as those mentioned in sub-paragraph (2) of paragraph 38 necessitating the election of the President to be held, then the National Executive will meet and propose the name of one person of good standing as the sole candidate in the election of President of the Union Republic.

(2) The name of the person proposed by the National Executive in accordance with sub-paragraph (1) will be conveyed to the meeting of the Party's National Executive which will make the final decision regarding the person who will stand in the Presidential election. The meeting of the Party's national Executive must meet within fifty days after the dissolution of Parliament or not more than twenty one days after any other event necessitating the election of the President to be held.

(3) The person selected in the final selection by the meeting of the National Executive of the Party to contest the seat of President will stand for election and the people will vote to accept or reject him, and depending on the results of that vote, the following matters will arise:-

(a) If more than half of the voters have accepted a contestant, then that person will have been elected President and the Election Commission will announce he has been elected;

(b) If more than half of the voters have rejected the contestant, then that person will no have been elected President, sand in that case the National Executive will meet again and propose another name and the meeting of the National Executive of the Party will likewise meet again and make a final selection, as explained in sub-paragraph (2) and subsequently the election will be held to vote for that other candidate in accordance with the conditions in this sub-paragraph;

(c) If the votes of the people who voted Yes are equal in number to the votes that said No, the contestant would not have been elected President, and the conditions of sub-section (b) of this paragraph will apply as if more than half of all the voters have rejected the contestant.

(4) Once a contestant has been declared by the Election Commission as having been elected President in accordance with sub-paragraph (3) (a), then no court of law will have the authority of challenging his election.

42. Duration of term of the President

(1)The President designate will assume the powers of the President as soon as possible after an announcement has been made that he  has been elected President, but in any case he will be required to take over his responsibilities within seven days;

(2) Except when he resigns or dies prematurely, the person elected President, without jeopardising the conditions in this sub-paragraph (3), will assume the office of President for a period of five years from the day he is elected President.

(3) The person elected President will occupy the office of the President until–

(a) his successor is sworn in to take over as President; or

(b) the day when the person holding such a position dies;

(c) the day he resigns; or

(d) when he vacates the seat of President in accordance with the conditions in this Constitution.

(4) In case the Union Republic is engaged in a war against an enemy and the President decides that it is impossible to hold elections, Parliament can, from time to time pass a motion extending the period of five years mentioned in sub-paragraph (2) of this paragraph except that period being extended each time does not exceed six months.

(5) Every President designate and everyone who will occupy the office of President, will before assuming responsibilities of President, be sworn in before the Chief Justice of the Union Republic, taking one oath of allegiance and any other oath relating to the performance and execution of his duties as laid down in accordance with the law enacted by parliament.

43. Matters relating to the duties of President

(1) The President will be paid a salary and other benefits, and when he retires will receive retirement benefits, bonuses, subsistence allowance, depending on the decision of Parliament, and the salary, the other benefits and retirement pay and bonuses all will depend on the Treasury of the Union Government and will be given on the basis of this paragraph.

(2) The salary and other payments to the President will not be reduced when the President is still holding his position in accordance with this Constitution.

44. Powers to declare war

(1)  Without jeopardising this Constitution, or any law enacted by parliament for that purpose, the President for that purpose, the President can declare a State of War between the Union Government and any other country.

(2) After making the declaration, the President will send a copy of that declaration to the Secretary General of the Party and to the Speaker of the National Assembly, who will consult and within 14 days after the date of the announcement they will call a joint meeting of the national Executive and Parliament in order to assess the situation and to consider approving or disapproving a motion supporting the declaration of war announced by the President.

45. Powers to grant clemency

(1) Without jeopardising any other conditions contained in this paragraph, the President may take any of the following actions:–

(a) To grant clemency to anyone found guilty by any court of law for any offence, and may grant such clemency conditionally or unconditionally, in accordance with the law;

(b) To release permanently or for a given period anyone convicted to be punished for any offence so that the said person does not serve in full the punishment given him or does not serve the punishment for that given period;

(c) To change the nature of any punishment given to any person for any offence to render such sentence insignificant;

(d) To set aside any punishment or part of a punishment for any offence or to set aside any punishment or part of punishment of fine or forfeiture of property belonging to the offender which in this case would have been possessed by the Union Government.

(2) Parliament may enact a law for the purposes of setting out guidelines to be followed by the President in fulfilling his duties in accordance with this paragraph.

(3) The conditions of this paragraph will apply to people convicted and punished in Tanzania Zanzibar and for punishments given in Tanzania Zanzibar in accordance with the law passed by Parliament applicable to Tanzania Zanzibar, similarly these conditions will apply to people convicted and punished in mainland Tanzania in accordance with the law.

46. Protection against charges and allegations

(1) At all times when the President is in power in accordance with the Constitution, it will be forbidden to charge or to file suit of any kind against him in a court of law in respect of any criminal offence.

(2) At all times when the President is in power in accordance with this Constitution it will be forbidden to file suit in a court of law over any action committed or not committee by him personally as an ordinary citizen before or after he assumes the powers of the President, except if 30 days after a suit has been filed in a court of law, the President is served or has been served with a notice in writing by following the procedure established according to the law enacted by parliament, with the notice giving the source of the matter, details of the claim, the name and address of the complainant, place of residence of the complainant together with precise details of his complaint.

(3) It will be forbidden to charge or to file suit in a court of law pertaining to any matter of criminal nature or of civil nature against anyone occupying the office of President after he has left that office, arising from any matter committed by him as President when he was still occupying the office of President according to this Constitution.

SECTION TWO - The Vice President

47. The Two Vice Presidents

(1) There will be two Vice Presidents who will be called the First Vice President and the Second Vice President.

(2) Each one of these Vice Presidents will be chief assistant to the President on all matters of the Union Republic in general.

(3) The person chosen to be President of Zanzibar will be among the two Vice Presidents.

(4) The Person chosen to be Prime Minister of the Union Government will be the other Vice President among the two Vice President.

(5) A person will be nominated an called the First Vice President by following an arrangement that whenever the President of the Union Government hails from one part of the Union, then the First Vice President will hail from the second part of the Union.

(6) In case the president hails from Tanzania Zanzibar he will nominate someone from mainland Tanzania to be his First Vice President.

(7) Each one of the two Vice Presidents will perform his functions under the leadership and direction of the President and will lead and be answerable to the President on all matters or functions delegated to him by the President.

48. Duration of term of Vice President

(1) The Vice President who will also be the President of Zanzibar will begin to assume the office of the Vice President after the President designate assumes his responsibilities of president and forms his Cabinet.

(2) The Vice President who will also be the Prime Minister will become Vice President after he is nominated to take over the responsibilities of Prime Minister.

49. Oath of the Vice President

Each one of the two Vice Presidents, prior to assuming his office, will be required to take in from the President an oath of allegiance and also any other oath relating to the performance of his work which will be set in accordance with the law enacted by Parliament.

50. The President of Zanzibar

The President of Zanzibar will assume his authority and fulfil the duties and functions of the Union Republic outlined by the President and in compliance with the conditions of this Constitution, the Constitution of Zanzibar and any other law relating to these matters.

SECTION THREE - The Prime Minister, the Cabinet and the Government

51. Prime Minister of the Union Government

(1) There will be a Prime Minister of the Union Republic who will be selected by the President in compliance with the conditions of this paragraph and who, before assuming his office, will take an oath before the President which relates to the Office of Prime Minister and which will be set by Parliament.

(2) Within seven days after assuming his office, the President will select a person among the members of Parliament to the Prime Minister of the Union Government.

52. Duties and responsibility of Prime Minister

(1) The Prime Minister will have the responsibility of controlling, and supervising the day to day functions of all matters and activities of the Union Republic.

(2) The Prime Minister will be the leader of Government business in Parliament.

(3) In exercising his powers, the Prime Minister will implement or ensure the implementation of any matter or matters that the President will direct that they be implemented.

53. Accountability to the Government

(1) Without jeopardising the conditions of this Constitution, the Prime Minister will be answerable to the President on matters regarding the fulfillment of his responsibilities.

(2) The Government of the Union Republic under the authority of the President will be the one having powers to decide on the policies of the Government in General; and the Ministers, under the leadership of Prime Minister, will be answerable as a group to Parliament on matters regarding the jmplementation of the affairs of the Government of the Union Republic.

THE CABINET

54. The Cabinet

(1) There will be a Cabinet whose members will include the two Vice Presidents and all the Ministers.

(2) The President will attend the meetings of the Cabinet and is the one who will lead them. In case the President is not present then the meetings will be led by the First Vice President and if both the President and the First Vice President are absent then the Second Vice President will lead the meetings.

(3) Without jeopardising the conditions contained in Paragraph 37 (1) of this Constitution, the Cabinet will be the principal instrument to advice the President on all matters relating to the performance of his duties in accordance with the conditions of this Constitution, and will assist and advice the President on any issue conveyed to the Cabinet as a result of special directives or matters raised by the President in general.

(4) Any decision offered by the Cabinet to the President will not be challenged in any court of law.

55. Selection of Ministers

(1) All Ministers who are members of the Cabinet in accordance with paragraph 54 will be selected by the President in consultation with the Prime Minister.

(2) Along with the Ministers mentioned in sub-paragraph (1), the President can, after consulting with the Prime Minister, select Deputy Ministers. All Deputy Ministers will not be members of the Cabinet.

(3) The President can select any number of Deputy Ministers to assist Ministers in discharging their duties and functions.

(4) All Ministers and Deputy Ministers will be selected from among the members.

(5) Without regard to the condition of sub-paragraph (1), in case the President is required to select a Minister or Deputy Minister after Parliament is dissolved, then he may select anyone who was a member of Parliament before Parliament was dissolved.

56. The oath of Ministers and Deputy Ministers

A Minister or Deputy Minister will not take over his office until he has first been sworn in before the President, taking an oath of allegiance and also any other oath that relates to his work to be set in accordance with the law enacted by Parliament.

57. Ministerial terms

(1) The term of a Minister and Deputy Minister will begin on the date of his selection to the position.

(2) The seat of the Minister and Deputy Minister will fall vacant whenever the following matters arise-

(a) In case the person holding the office resigns or dies;

(b) In case the said person ceases to be a member for any reason unrelated to the dissolution of Parliament;

(c) When the President withdraws the nomination and removes him from office

(d) When the time comes for the President designate to take over as President and just before the President designate assumes office.

58. Conditions of work for the Ministers of the Union

Ministers and Deputy Ministers will hold their office at the Conditions of work for the Ministers Attorney General of the Union Republic discretion of the President, and will be the paid a salary, allowances and other benefits in accordance with the law enacted by Parliament.

59. Conditions of work for the Attorney General of the Union Republic

(1) There will be an Attorney General of the Government of the Conditions of work for the Attorney General of the Union Republic Union Republic (who in the following paragraphs will be referred only as "Attorney General") to be appointed by the President.

(2) No one deserves to be selected to hold or perform the duties of Attorney General except, in accordance with this Constitution, he has special qualifications, as interpreted in paragraph 109 (8) that will enable him to be nominated as Justice of the High Court of Zanzibar, and has experience of not less than five years.

(3) The Attorney General will be the chief adviser to the Government of the Union Republic on legal matters, and as a result, will be responsible for advising the Government of the Union Republic on all legal matters, and to perform any other functions of legal nature or related to law conveyed to him or ordered by the President, and also to perform any other duty or function entrusted by the President, and also to perform any other duty or function entrusted to him by this Constitution or by any other law.

(4) In performing his duties and functions in accordance with this paragraph, the Attorney General will have the right to attend and to be heard in all courts of law in the Union Republic.

(5) The Attorney General will hold office at the discretion of the President and will be paid a salary, allowances and other benefits in accordance with the law enacted by Parliament.

60. Secretary to the Cabinet

There will be a Secretary to the cabinet who will be the chief administrator of the Office of the Cabinet, and will perform the following duties in respect of general or special directives given him by the President:

(a) To prepare agendas of the meetings of the Cabinet and to prepare the business of each meeting;

(b) To record and maintain minutes of cabinet meetings;

(c) To issue statements and details of decisions of the Cabinet to anyone or to any public institution involved in any decision; and

(d) To perform and implement any other functions as directed from time to time by the President.

61. Provincial Heads

(1) There will be a provincial head for each province in the Union Republic, who, without jeopardising paragraph (3) will be a leader in the Union Government.

(2) Provincial heads in Tanzania mainland will be selected by the President after consultation with the Prime Minister.

(3) Provincial heads in Tanzania Zanzibar will be selected by the President of Zanzibar after consultation with the President.

(4) Without jeopardising, the conditions of sub-paragraph (5), every provincial head will have responsibility of carrying out all the duties and functions of the Government of the Union Government in the province alloted him, and because of this, he will perform all duties and functions outlined by law, or in accordance with the law if the duties and functions are those of the provincial head, and will have all the responsibilities provided by any law enacted by Parliament.

(5) In addition to his obligations and responsibilities mentioned in the conditions preceding this paragraph, the provincial head of any province in Tanzania Zanzibar will discharge duties and functions of the Revolutionary Government of Zanzibar entrusted to him by the President of Zanzibar, and in accordance with the Constitution of the Revolutionary Government of Zanzibar or any other law enacted by the Council of Representative.

CHAPTER THREE - PARLIAMENT OF THE UNION REPUBLIC

SECTION ONE - Parliament

62. Parliament

(1) There will be a Parliament of the Union Republic which will have two parts, the President and Members of Parliament.

(2) Parliament will be composed of Members in the categories mentioned in paragraph 66 of this Constitution who will all be called Parliamentarians.

(3) In case any matter needs to be decided upon or implemented by both parts of Parliament in accordance with the conditions of this Constitution or conditions of any other law, then that matter will not be considered to have been decided upon or implemented Responsibilities of Parliament as required except and until it has been decided upon or implemented by Parliamentarians as well as the President, in accordance with their Authority on that particular matter.

63. Responsibilities of Parliament

(1) The President as one part of Parliament will discharge all his responsibilities entrusted to him by this Constitution for that purpose.

(2) The second part of Parliament will be the principal instrument of the Union Republic which will have the responsibilities, on behalf of the people, to control and advise the Government of the Union Government and all its branches on how to fulfil their responsibilities in accordance with the Constitution.

(3) In exercising its responsibilities Parliament may-

(a) ask any Minister any question regarding matters of public concern in the Union Republic that are within his jurisdiction;

(b) debate the activities of each Ministry during the annual budget session in parliament;

(c) debate and approve any short term or long term program intended for implementation in the Union Republic, and to enact laws to oversee that implementation of that program; there be laws;

(d) enact laws where implementation requires that there be laws;

(e) prepare or order the preparation of and to convey to the Party, any matter that is under the jurisdiction of Parliament.

(4) For the purposes of supervising in general the implementation of Party policies done by the Government and public institutions, Parliamentarians will form a joint Committee which will be a Special Committee of the National Executive Meeting of the Party.

64. Legislative responsibilities

(1) All responsibilities of law-making in regard to all matters of the Union in the Union Republic and also in regard to all other matters relating to mainland Tanzania will be in the hands of Parliament.

(2) All responsibilities of law-making in Tanzania Zanzibar in regard to all matters which are not Union Matters will be in the hands of the Council of Representatives.

(3) In case any law enacted by the House of Representatives involves any matter in Tanzania Zanzibar which is under the jurisdiction of Parliament, that law will be null and void, and whenever there is law enacted by Parliament in regard to any matter which is under the jurisdiction of Council of Representatives that law will be null and void.

(4) Any law enacted by Parliament involving any matter will not apply to Tanzania Zanzibar except in accordance with the following conditions-

(a) that the law in question has mentioned specifically that it will apply to mainland Tanzania as well as to Tanzania Zanzibar, or if it is amending, rectifying or deleting a law existing in Tanzania Zanzibar; or

(b) that law is changing or rectifying or deleting a law which was previously in existence in mainland Tanzania and which was also applicable in Tanzania and which was also applicable in Tanzania Zanzibar in accordance with the Agreement of the Union of Tanganyika and Zanzibar, of 1964, or in accordance with any law which specifically mentioned that it will apply to mainland Tanzania as well as to Tanzania Zanzibar,

(c) that law involves mattes of the Union, and whenever Tanzania is mentioned in any law let it be understood that that law will apply in the Union Republic in accordance with the interpretation given by the conditions in this paragraph.

(5) Without jeopardising the applicability of the Constitution of Zanzibar in accordance with this Constitution regarding all matters involving Tanzania Zanzibar that are not Union Matters, this Constitution will have the legal powers in the whole of the Union Republic and in case any other law violates the conditions contained in this Constitution, the Constitution will prevail, and the other law, in as far as it violates the Constitution, will be void.

65. Life of Parliament

(1) Without jeopardising other conditions in this Constitution, the life of every parliament will be five years.

(2) For the purposes of this Constitution, the worlds "life of Parliament mean the whole period beginning from the date when the parliament convenes for the first time after the General elections and ends on the date of dissolution of parliament to facilitate the holding of another regular General election.

SECTION TWO - Parliamentarians, Constituencies and elections of Parliamentarians

Members of Parliament

66. Parliamentarian

(1) Without jeopardising other conditions of this paragraph there will be the following categories of Parliamentarians, that is-

(a) Parliamentarians elected to represent election districts for single Members;

(b) Parliamentarians elected to represent election districts for multiple Members;

(c) Fifteen women parliamentarians selected by Parliament from among the people recommended by the Federation of Tanzania women, at least five of which will come from mainland Tanzania and five from Tanzania Zanzibar;

(d) Five Parliamentarians selected by the Council of Representative from among its Members;

(e) Fifteen national Parliamentarians who will be selected by Parliament from among names of Parliamentary election contestants recommended by citizen groups under the leadership of the Party.

(f) Fifteen Parliamentarians nominated by the President, among them at lest five to come from mainland Tanzania and five from Tanzania Zanzibar;

(g) All provincial heads in the Union Republic who will be Parliamentarians in view of their positions;

(2) The President and the Vice President who is also the President of Zanzibar will not be Parliamentarians.

(3) In case a provincial head is elected to represent an election district or in case a Parliamentarian representing an election district is selected to become a provincial head, Parliament will be considered to have its sum total of parliamentarians required and its deliberations will be legal even though the total number of the regular members, in accordance with the conditions of this paragraph, will have been reduced as a result of the election of the provincial head, and the selection of the Parliamentarian representing an election district.

67. Qualifications to become a Parliamentarian

(1) Without jeopardising the conditions contained in this paragraph, anyone may qualify to be elected or nominated as a Parliamentarian; if-

(a) He is a citizen of the Union Republic who has attained the age of 21;

(b) Is a member of the Party who has fulfilled all the requirements of the Party as outlined in the Party Constitution;

(c) Is a person, who apart from having fulfilled the requirements mentioned above, has leadership qualifications, as follows, that is-

(i) he must be self-sufficient, and one who will not succumb to greed;

(ii) he must be a person who is dedicated to the welfare of all people, for their well-being and the development of the nation, in general; and

(iii) he must be a person who was not nominated to contest an election in accordance with a law enacted by Parliament of the kind explained in this paragraph.

(2) A person will not qualify to be elected or nominated to become a Parliamentarian-

(a) If the person in question at his own will, has secured the citizenship of another country; or

(b) If in accordance with the law applicable in the Union Republic it has been officially confirmed that the person suffers from a mental illness; or

(c) If the person in question has been convicted by any court of law in the Union Republic and sentenced to death or to a prison term for a period exceeding six months after having been found guilty of any offence, under any name, involving lack of trust; or

(d) If during a period of give years prior to the General Elections he has been convicted as sentenced to a prison term for any offence involving lack of trust or for violating the leadership code;

(e) If-

(i) during a period of give years before the date the General elections the person in question has been detained in accordance with an order and in accordance with the Detention Act of 1962, and has been confined in detention in accordance with that order for a period exceeding six months; or

(ii) the person in question has been forcibly exiled by law in accordance with the Law of Exile, and if he has stayed in exile for a period exceeding six months and up to that time that order has not been cancelled;

(f) If that person has any interests in a Government Agreement of any kind and has been especially bonded in accordance with a law enacted by Parliament and whereas he has violated that bond;

(g) If in accordance with the law enacted by Parliament that person has been disqualified from contesting an election because he is a civil servant in the employment of the Government of the Union Republic (not including a position which the President may, or is required to give to a parliamentarian in accordance with the conditions of the Constitution), if that law has said specifically that it is forbidden for the person holding such a position to contest an election; except a person who other wise would not have been barred by any law mentioned and has all the qualifications to be elected a Parliamentarian representing an election district will not be prevented from sending his name as required to be considered by all the necessary bodies, from the initial selection up to the level of the National Executive of the Party in accordance with paragraph 77 of this Constitution;

(h) If in accordance with the law enacted by Parliament relating to election offences of any kind that person has been barred from registering as a vote or from voting in a Parliamentary election;

(i) If the person, or as it may be, his wife or her husband, has shares or other interests in any capitalistic enterprise.

(j) If that person, or as it may be, his wife or her husband is a Director in any capitalistic company;

(k) If that person, or as it may be, his wife or her husband, has real estate property for rent;

(l) If that person, or as it may be, his wife or her husband earns two salaries or more;

(m) If that person, or as it may be, his wife be, his wife or her husband earns his living from a venture that employs other people; except that the person will not be considered to have forfeited his right to be elected a Parliamentarian if-

(i) that person employs another person in seasonal work and the employee is paid on a daily basis based on the time worked or special work done;

(ii) that person employs another person for person services and if the employer is a doctor, lawyer, architect, engineer, dentist or a person who earns his living from any other category of occupations mentioned and published in the Government Gazette after the President has received an approval from Parliament through a parliamentary motion.

(3) A person will not quality to contest a parliamentary seat representing en election district in any General election if at the same time he is standing as a contestant for the seat of President, nor will he be able to contest a parliamentary seat in any by-election if he is President.

(4) Parliament may enact a law laying down conditions that would bar a person from being elected a Parliamentary representing an election district if that person is holding a position related to the administration or supervision of Parliamentary elections or registration of voters for the purposes of a parliamentary election; except such a law will not lay down conditions that will prevent the Speaker of parliament from being elected a parliamentarian representing an election district, nor conditions causing the person selected to be Speaker to lose his seat as Speaker or his regular seat in Parliament.

(5) Parliament may enact a law for the purpose of laying down conditions that would bar anyone from being elected a Parliamentarian representing an election district for any period of time as mentioned by Parliament (except that the period does not exceed five years) if mentioned in that law relating to the election of Parliamentarians.

(6) For the purpose of allowing time for appeal in accordance with the law relating to anyone legally confirmed to be mentally sick, or as having been convicted and sentenced to death or to a prison term or found guilty of any offence mentioned in the law in respect of sub-paragraph (5) of this paragraph, Parliament may enact a law for the purpose of laying down conditions what will explain that the sentence being appealed by the person in question will not hold for the purpose of implementing conditions of sub-paragraph (2) or (5) of this paragraph until the time mentioned in that law has lapsed.

(7) The following principles will apply in the interpretation of sub-section (c), (d) and (e) of the sub-paragraph of this paragraph that is -

(a) if a person has been given two sentences or more of prison term and the sentence is to run concurrently, then those sentences will be considered as one sentence;

(b) if a person is sentenced to a prison term on the understanding that the prison punishment has been given in lieu of a fine or has been given because the person in question has failed to pay a fine, then the term of such a prison sentence will not be counted;

(8) In sub-section (f) of sub-paragraph (2) of this paragraph, "Government Agreement" shall mean any contractual agreement of which one of the parties is the "Government of the Union Republic or the Revolutionary Government of Zanzibar or any department of any of the Governments or any civil servant who participated on behalf of the Government.

(9) For the purposes of interpreting sub-section (i) of sub-paragraph (2) of this paragraph "shares" in its general meaning will include bonds or treasury bills that are in savings account or loaned out, and also interests or any other property.

(10) The following principles will apply in interpreting sub-sections (i) and (k) of sub-paragraph (2) of this paragraph, that is-

(a) a person will not be considered to have shares in a company or to have real estate for rent or to have any other interests in any company or building if the property or interest in his possession were acquired through trustees or by means of charity, and if -

(i) the person himself was not among those who participated in the process of entrusting the property to the trustees or of placing it on charity;

(ii) that he did not have shares in the company in question and he did not have the right to own the building in question in the whole period of the previous five years beginning from the item the property was entrusted to the trustees or at the time of placing it on charity.

(b) A person will not be considered to have shares in a company or to have a building for rent if the property and the interests in his possession relating to any if the property and the interests in his possession relating to any company or any building has been acquired through inheritance or in accordance with the law, and in that case, that person will not be considered to have forfeited his right to that person will not be considered to have forfeited his right to be elected to parliament if he fulfils the following conditions-

(i) if the property or interests are in his possession during the preceding three months from the day set aside specially for the first selection, then the person will be required to send to the election Commission an official notice to be submitted in a special form to be used for that purpose in accordance with the law enacted by Parliament agreeing that he will rid himself of the property or interests before the expiry of three months from the day of the first selection;

(ii) if the property or interests in his possession were acquired after the day specially set aside for the purpose of the first selection, but husband assumes responsibility as a Member of Parliament, then that person will be required to send to the Election Commission an official notice in a special form to be used for that purpose in accordance with the law enacted by Parliament agreeing that he will rid himself of the property and interest, before the expiry of three months from the day that person, or as it may be, his wife or husband, assumes his office as a parliamentarian.

(11) The following principles will apply in the interpretation of sub-section (i) of sub-paragraph (2), that is-

(a) "salary" shall mean-

(i) remuneration given to a person as payment for services rendered as a Parliamentarian, but not including any allowances paid to him as a Parliamentarian;

(ii) income generated from his activities as a farmer or worker;

(iii) remuneration paid to someone in accordance with a work contract;

(iv) property received from trustees who are holding the property on his behalf for purposes of deposit or charity;

(b) if a person is paid two salaries or more, then he will be considered to be receiving only one salary only if his total income does not exceed the salary paid to a Parliamentarian;

(c) anyone who is paid a salary will not forfeit his right to contest an election to become a Parliamentarian representing an election district or the reputation of otherwise being elected or nominated as a Member of Parliament only because if he is elected or nominated he will continue to receive his salary and at the same time be entitled to receive as salary as a Member of Parliament, but the person will before assuming his responsibilities as a Parliamentarian be required to convey to the Speaker an official notice to be submitted in a special form to be used for that purpose in accordance with the law enacted by Parliament that-

(i) he will stop to receive one of the two salaries; or

(ii) he will receive only a portion of the salary he is entitle to as a Member of Parliament so that this portion taken together with his other salary, will not exceed the salary paid to a Parliamentarian; and

(d) if a person is receiving property from trustees or two or more charities, then the total worth of that property will be counted to be only one salary.

(12) Although in sub-section (a) of sub-paragraph (11) of this paragraph there are conditions relating to salaries, the President may, after receiving the approval from Parliament to be verified by a parliamentary motion, publish a statement in the Government Gazette explaining that any income of any kind mentioned in that statement will not be considered as salary for the purpose of sub-section (i) of sub-paragraph (2) of this paragraph.

(13) For the purposes of interpretation of election requirements contained in the following paragraphs, whenever it is mentioned in this Constitution that the implementation of any matter requires a person of integrity or a person who has not lost trust at an election, except when such an explanation demands otherwise, let it be understood that the requirements in question are those that enable a person to be elected as a Parliamentarian representing an election district as outlined in sub-para (a) of this paragraph.

68. Parliamentary Oath

Every Member of Parliament will be required to take an oath, in Parliament an oath of allegiance before he begins to participate in the deliberations of Parliament; but a Member can participate in the election of Speaker even before being sworn in.

69. Official Declaration of leadership by Parliamentarians

(1) Every Member of Parliament involved in the conditions of this paragraph will be required within fifteen days upon assuming his responsibilities in Parliament as a Parliamentarian, to convey to the Speaker two copies of an official declaration that he has not lost trust of election in accordance with the conditions in sub-sections (i), (j), (k), (l), or (m) of sub/paragraph (2) of paragraph 67.

(2) The official declaration that must be conveyed to the Speaker in accordance with the conditions of this paragraph will be submitted in a special form set aside in accordance with the law enacted by Parliament.

(3) The conditions of this paragraph will apply to every Parliamentarian except the provincial head.

(4) The Speaker will send to the Leaders' Ethics Committee one copy of each official declaration conveyed to him in accordance with the conditions in this paragraph.

(5) In this paragraph and in paragraph 70 and 84, the "Leaders' Ethics Committee" shall mean that Committee mentioned in paragraph 132 of this Constitution.

70. Parliamentarians to declare interests

(1) Every Parliamentarian involved in the conditions of this paragraph will be required to convey to the Speaker two copies of an official declaration of his interests, or as it may be, those of his wife or his husband. The declaration will be submitted in a special form set aside in accordance with the law enacted by Parliament and will be submitted periodically as will be required by that law.

(2) The Speaker will send to the Leaders' Ethics Committee one copy of each official declaration conveyed to him in accordance with the conditions of this paragraph.

(3) Parliament may enact a law laying down conditions for the purpose of ensuring the confidentiality of each official declaration of interests conveyed to him by a Parliamentarian in accordance with the conditions of this paragraph and those conditions may explain the following things:-

(a) that the declaration of interests can only be released if required as evidence before the High Court during hearings of a suit filed in the High Court in accordance with the conditions in paragraph 83.

(b) that before a declaration of interests is released as evidence before the High Court, the only people who could see the declaration or know of its contents are the President, the Speaker, the Attorney General, the Chairman of the Leaders' Ethics Committee, members of the Leader's Ethics Committee and others who are authorised in accordance with that law;

(c) other matters that will ensure that unauthorised or people who are not involved do not get a chance to see the declaration of interests no to know the contents of the declaration of interests.

71. Parliamentary term

(1) A Parliamentarian will cease to be a Parliamentarian and will vacate his seat in Parliament whenever any of the following things occur:-

(a) If anything happens that, if he was not a Parliamentarian, would make him lose his election trust or reputation as a candidate or would render him unqualified to be elected or nominated in accordance with conditions of this Constitution; with the exception that-

(i) when a Parliamentarian, or as it may be, his wife or her husband has received property or any other interests arising from ownership of a building and if the property or interest has be acquired through inheritance or in accordance with the law, then that Parliamentarian would not cease to be a Parliamentarian and would not vacate his seat in Parliament because of the conditions of sub-section (i) or (k) of sub-paragraph (2) of paragraph (67) of this Constitution if that Parliamentarian, or as it may be, his wife or her husband, will take action to rid himself of the property or interest in question before the expiry of three months from the time the acquisition of the property or interest.

(ii) A person elected to be a Parliamentarian in accordance with paragraph 82 of this Constitution will not cease to be a Parliamentarian and will not vacate his seat in Parliament only because since his election he has not been a resident of mainland Tanzania or Tanzania Zanzibar;

(b) if the Parliamentarian is elected President;

(c) if the Parliamentarian fails to attend three Parliamentary sessions in a row without the permission of the Speaker;

(d) for a Parliamentarian nominated by the President, if his nomination has been cancelled by the President in accordance with the conditions of this Constitution;

(e) if the Parliamentarian, or as it may be, his wife or husband, has given an official declaration in accordance with conditions of sub-section (b) of sub-paragraph (11) of paragraph 67, then if the Parliamentarian, or as it may be, his wife or husband, fails to adhere to the contents of that declaration;

(f) for a Parliamentarian who is required to give an official declaration regarding the conditions of leadership in accordance with paragraph 69, if any of the following occurs:-

(i) if he fails to provide that official declaration in accordance with paragraph 69 in the period set especially for that purpose; or

(ii) if he is found guilty of any offence of giving false information under oath in violation of the Criminal Procedure Law, in respect of that declaration;

(g) for a Parliamentarian who is required to give an official declaration of interests in accordance with the conditions in paragraph 70, if he fails to provide that declaration in accordance with those conditions mentioned in paragraph 70, during the period set aside especially for that purpose in accordance with the law enacted by parliament; but if a Parliamentarian does not cease to be a Parliamentarian in respect of any of the matters mentioned and if he does not resign or die soon then the Parliamentarian will continue to hold his office as a Parliamentarian until the next elections.

(2) Parliament may enact a law in order to lay down conditions enabling a Parliamentarian to file an appeal, in accordance with the law, to challenge any ruling certifying that he is mentally ill, or to oppose a sentence of death or prison term, or to oppose the ruling of guilt against him in respect of the kind of offences mentioned in accordance with the conditions in paragraph (5) and paragraph (67) of this Constitution or of an offence of giving false information under oath, in violation of the Criminal Procedure Law, in respect of an official declaration in accordance with conditions in paragraph 69 of this Constitution; and that law may explain that the ruling being challenged by that Parliamentarian will not have the legal backing until the period mentioned in that law lapses.

72. People holding certain positions in Government taking leave without pay

Whenever any one holding a high level position in Government, positions such as those mentioned in paragraph 67 (2) (g) is allowed or selected by the National Executive to contest an election in accordance with conditions in paragraph 77, 78, or 80 then that person, after being selected or nominated by the National Executive will be considered to have been granted leave without pay and that leave will end either when he is defeated in an election or ceases to be a Parliamentarian.

73. Conditions of work for Parliamentarians

All Parliamentarians of all categories will hold their offices in accordance with this Constitution, and will be paid salary, allowances, and other benefits in accordance with the laws enacted by Parliament.

ELECTION DISTRICTS

74. Election Commission

(1) There will be an Election Commission of the Union Republic which will have the following members:-

(a) Speaker of Parliament, who will be Chairman; and

(b) Other members not less than three and not more than five who will be selected by the President.

(2) The President may select the Vice Chairman of the Election Commission from among the members he selected in accordance with conditions in sub-section (b) of sub-paragraph (1) of this paragraph.

(3) The Vice Chairman of the Election Commission will continue to serve as Vice Chairman for the period he will be a member of the Commission, but the President may cancel the appointment of the Vice Chairman and select another member of the Commission to be Vice Chairman to the Chairman of the Election Commission.

(4) The following people will not qualify to be members of the Election Commission, that is-

(a) Minister or Deputy Minister;

(b) Anyone holding any position mentioned especially by law enacted by Parliament that says that it is forbidden for a person holding such a position to be a member of the Election Commission;

(c) A Parliamentarian or anyone with any responsibilities (except position of Secretary or Assistant Secretary to Parliament) mentioned by law enacted by Parliament in accordance with the conditions in sub-section (g) of sub-paragraph (2) of paragraph 67 of this Constitution.

(5) Without jeopardising other conditions contained in this paragraph, a member of the Election Commission will cease to be a member when any of the following matters occur:-

(a) at the end of five years since his appointment; or

(b) if there arises any matter which, if he was not a member of the Commission, would have made him to be selected to be a member of the Election Commission.

(6) The President may only remove a member of the Election Commission from his responsibilities because he has failed to discharge his duties (or as a result of illness or any other reason) or because of misbehaving.

(7) The Election Commission may discharge its responsibilities without regard that there is a vacant seat within the Commission or that one of the members is absent, but every decision of the Commission must be approved by the majority of all members of the Commission.

(8) Parliament may enact a law in order to lay down conditions of the procedure of selecting members who would supervise the election of Parliamentarians representing election districts, and without jeopardising the conditions of such a law or the directives of the Election Commission, the responsibilities of the Commission in supervising elections may be implemented by those members.

(9) In discharging its duties in accordance with the conditions of this Constitution, the Election Commission will not be coerced into taking orders or directives from anyone or any department of the Government.

(10) No court of law will have the powers to challenge any action taken by the Election Commission in fulfilling its duties in accordance taken by the Election Commission in fulfilling its duties in accordance with the conditions of this Constitution.

(11) In exercising its responsibilities in accordance with this Constitution, the Election Commission of the Union Republic will consult periodically with the Election Commission of Zanzibar.

75. Election districts

(1) Without jeopardising other conditions contained in this paragraph, the Union Republic will be divided into election districts for single Parliamentarians and for multiple Parliamentarians, in numbers and ways to be decided upon by the Election Commission.

(2) Without jeopardising any law applicable to those matters, and after receiving the approval of the National Executive, the Election Commission will have the responsibilities of establishing boundaries for the election districts.

(3) The Election Commission in compliance with any decisions of the National Executive regarding the division of the country into election districts, may from time to time review the division of the Union Republic into election districts, and also following approval by the national Executive, may change election districts as a result of their review or following census figures of all people in the Union of their review or following census figures of all people in the Union Republic.

(4) In Case after a review has been held regarding the division of the Union Republic into election districts, there are changes in the election districts or in the number of Parliamentarians representing constituencies of multiple Parliamentarians, changes in the number of election districts or in the number of Parliamentarians, then the changes resulting form the number of Parliamentarians representing election districts will begin to apply when Parliament is dissolved again after those changes of election districts or of the number of Parliamentarians in the election districts.

ELECTION AND NOMINATION OF PARLIAMENTARIANS

76. Elections in election districts

(1) Every time Parliament is dissolved there will be a Parliamentary election in all election districts.

(2) Similarly, there will be an election of Parliamentarian in an election district, if the seat of any Parliamentarian elected to represent the district falls vacant because of any other reasons unrelated to the dissolution of Parliament.

(3) Without regard to the conditions of this preceding paragraph let it be known that if the date of dissolution of Parliament has been announced or is known that if the date of dissolution of Parliament has been announced or is known resulting from the events explained in been announced or is known resulting from the events explained in sub-paragraph (3) of paragraph 90, then the election of this kind sub-paragraph (3) of paragraph 90, then the election of this kind will not be held during any period of the preceding six months from that date.

77. Procedure of electing Parliamentarians for election districts

(1) Parliamentarians representing election districts will be elected by the people in compliance with the conditions of this constitution and of conditions of the law enacted by Parliament in accordance with this Constitution which sets down procedures regarding the election of Parliamentarians representing election districts.

(2) Contestants for election in election districts are required to comply with the following conditions-

(a) they must have been selected in the initial selection, that is, each one of them must have been supported by not less than 25 people who at the time must be registered in the election district in question as voters for the purpose of the election being held by the people; and

(b) after the initial selection, they have been accepted by the National Executive of the Party, and in case there are more than two candidates, then they have been selected by the National Executive of the Party, in accordance with the following conditions of this paragraph.

(3) In case in an election district of single Parliamentarians only one contestant has been chosen, during initial selection, or two contestants have been selected, then the National Executive of the Party will accept that contestant, or will accept both of the contestants in accordance with this paragraph except if the National Executive is satisfied that the election procedures used until the time the names of the contestants were conveyed to the said National Executive, did not follow the directions of the election law or the Guidelines of the party that are parallel to this law.

(4) In case in any election district more than two contestants were chosen in the initial selection, then in that case, the following will happen-

(a) a meeting of the district executive of the Party will be convened and each delegate to this conference can vote in private to select from among the contestants chosen in the initial selection, the number of people that corresponds with the number of people that corresponds with the number of Parliamentary seats alloted to that district; and

(b) the supervisor of election in that election district will send to the National Executive of the Party the names of contestants chosen in the initial selection together with an official memorandum giving the number of votes received by each contestant in the election held during the district executive meeting of the Party, and the National Executive will select either two candidates only or a number which is twice the number of Parliamentarians alloted to the election district in question from among the people whose names have been sent to the National Executive to be the contestants in the election district, except if the said National Executive is satisfied that the election procedure in use until the time when the names of the contestants were conveyed did not follow the directions of the law of election or the Party Guidelines parallel to the law.

and, in case the election is cancelled and rescheduled in accordance with the election laws, the people selected by the national Executive of the Party in the manner explained above will be the contestants in that election district; and no other person will contest a seat in election.

(5) The following guidelines will be adhered to by the National Executive of the Party in implementing its responsibilities in accordance with the conditions of this paragraph, that is-

(a) if two or more people have been selected to stand for election in an election district, then the National Executive will not accept or nominate anyone contestant to stand in the election district.

(b) when selecting the contestant, the National Executive will not have to abide by the decision of the Party district executive meeting as verified by the votes cast by delegates to that meeting.

78. Procedure of nominating women Parliamentarians by Parliament

(1) In accordance with the election conducted by Parliament to elect Parliamentarians mentioned in paragraph 66 (1) (c), the Federation of Tanzania Women will recommend names of contestants; with the exception that no one will be recommended for these elections in accordance with this paragraph except that she has the qualifications to be elected or nominated as mentioned by the conditions in paragraph 67 of this Constitution.

(2) The names of those recommended in accordance with sub-paragraph (1) will be sent to the National Executive, and names of no more than 30 people which will be accepted by the National Executive will be conveyed to Parliament for the purpose of the election.

(3) Parliament may election Parliamentarians of the category mentioned in paragraph 66 (i) (c) from the names recommended by the Federation of Tanzania Women and accepted by the National Executive based on the number of van ant seats for Parliamentarians in that category. In electing Parliamentarians in accordance with this paragraph, Parliament will ensure that at all times the number of Parliamentarians in accordance with this paragraph will not be less than ten, among them at least five to come from mainland Tanzania and five from Tanzania Zanzibar.

(4) Parliament will set conditions in the Permanent Guidelines established in accordance with paragraph 89 of this Constitution in respect of the procedure to be followed in conducting elections in accordance with this paragraph.

79. Procedure of electing Parliamentarians by the House of Representatives

The Council of Representatives will outline the procedure to be followed for the purpose of conducting elections of Parliamentarians mentioned in paragraph 66 (i) (d) of this Constitution.

80. Procedure of electing National Parliamentarians recommended by citizen groups

(1) For the purpose of electing National Parliamentarians mentioned in Paragraph 66 (i) (e) of this Constitution, the following organisations are the ones, in accordance with the conditions of this paragraph, to recommend the names of people to be elected by Parliament as per the conditions of this paragraph.

(a) Organisations that are under the umbrella of the Party, that is-

(i) Federation of Youth;

(ii) Federation of Tanzania Women;

(iii) Federation of Tanzania Workers;

(iv) Federation of Cooperative Societies;

(v) Federation of Parents;

(b) Any other federation mentioned and announced by the National Executive of the purpose of this paragraph.

(2) The names of people recommended in accordance with sub-paragraph (i) will be sent to the National Executive. And the names of not more than thirty people approved by the National Executive will be sent to Parliament for the purpose of elections.

(3) Parliament may elect Parliamentarians in the categories mentioned in paragraph 66 (i) (e) from the names of people recommended by the citizen groups for the purpose of this paragraph and approved by the National Executive based on the requirements of the vacant positions in the said categories.

(4) Parliament will outline conditions in the Permanent Guidelines established in accordance with paragraph 86 of this Constitution laving down the procedure it will follow in conducting elections in accordance with this paragraph.

81. Procedure of recommending names of contestants through citizen groups

Without jeopardising other conditions in this Constitution, Parliament may enact a law in order to outline conditions regarding the procedure to be followed by the citizen groups in recommending names of contestants for the Parliamentary categories mentioned in paragraph 66 (i) (c) and (e) and the procedure to be followed by the National Executive in deliberating and approving names of people recommended by the citizen groups in accordance with paragraph 78 and 80 of this Constitution.

82. Parliamentarians nominated by the President

(1) Without jeopardising the conditions contained in sub-paragraph (2) the President can nominate fifteen Parliamentarians among whom at least five to come from mainland Tanzania and five from Tanzania Zanzibar.

(2) No one will be nominated by the President to become a Parliamentarian in accordance with this paragraph unless he is qualified to be elected or nominated as a Parliamentarian as outlined in paragraph 67 of this Constitution, with the exception of those conditions explained in sub-section (g) of sub-paragraph (2) of that paragraph 67.

83. Decision as to whether a person is a Parliamentarian or not.

(1) Each motion for the purpose of ascertaining as to-

(a) whether an election or a nomination of anyone to be a Parliamentarian was legal or not; or

(b) whether a Parliamentarian has ceased to be a Parliamentarian and his seat in Parliament is vacant or not,

will be filed and heard first in the High Court of the Union Republic of Tanzania without jeopardising the conditions in sub-paragraph (2) of this paragraph.

(2) In case the Election Commission in exercising its responsibilities in accordance with the conditions in paragraph 41 (3) of the Constitution has declared any Parliamentarian to have been elected President then the High Court will not deliberate further any issue relating to the seat of the said Parliamentarian being vacant.

(3) Parliament may enact a law for the purpose of outlining conditions in respect of the following-

(a) people who can file suit in the High Court in order to obtain a decision of the court in respect of any issue in accordance with the conditions in this paragraph;

(b) reasons and time of filing such a suit, the procedure of filing the suit and the conditions that need to be fulfilled for each such suit; and

(c) to declare the jurisdiction of the High Court on such a suit and to outline the procedure of hearing the said suit;

(4) There will be a right of appeal before the Tanzania Appeal Court to challenge any decision of the High Court on any Court to challenge any decision of the High Court on any suit heard in accordance with the conditions of this paragraph.

SECTION THREE - Procedures, responsibilities and rights of Parliament Speaker and Deputy Speaker

84. Speaker and his responsibilities

(1) There will be a Speaker of Parliament who will be elected by Parliamentarians from among the people who are Parliamentarians or those with Parliamentary qualification; he will represent Parliament in all other institutions outside Parliament.

(2) Minister and Deputy Minister or any person holding any other position of responsibility mentioned by law enacted by Parliament for the purpose of this paragraph will not be elected Speaker.

(3) Anyone who is elected Speaker will be required within fifteen days upon his election to send to the President an official declaration that he has not lost his election reputation in accordance with the conditions in sub-section (i), (j), (k), (l) and (m) of sub-paragraph (2) of paragraph 67 of this Constitution. The declaration will be submitted in a special form set aside in accordance with the law enacted by Parliament.

(4) The President will convey to the Chairman of the Leaders' Ethics Committee one copy of each official declaration received by him in accordance with the conditions of sub-paragraph (3) of this paragraph.

(5) The Speaker will be required to send to the President two copies of the official declaration showing the assets of the said Speaker and as it may be, assets of his wife or her husband. The Speaker will submit the declaration in a special form set aside in accordance with the law enacted by Parliament and will be required to submit a similar statement from time to time as stipulated by the law.

(6) The conditions of sub-paragraph (4) of paragraph 70 will apply also as much as possible, to any declaration of assets provided by the Speaker in accordance with the conditions of this paragraph.

(7) The Speaker will cease to be Speaker and will vacate the seat of Speaker whenever any of the following things occur-

(a) if the person is elected from among the Parliamentarians, then if he ceases to be a Parliamentarian because of any reason unrelate to the dissolution of Parliament.

(b) if there arises anything that, if he was not Speaker, would have made such a person to lose his election reputation to be Speaker;

(c) when Parliament meets for the General Elections held after the dissolution of Parliament but the conditions of this sub-section will apply without jeopardising conditions of sub-paragraph (4) of paragraph 90 of this Constitution;

(d) if that person is removed from the position of Speaker following a Parliamentary motion supported by two thirds of all Parliamentarians; or

(e) if that person fails to submit to the President an official declaration in accordance with the conditions of sub-paragraph (3) of this paragraph; or

(f) if the person is found guilty of an offence of giving false information under oath, in violation of the Criminal Procedure Law, in respect of any official declaration submitted in accordance with the conditions of sub-paragraph (3) of this paragraph; or

(g) if that person fails to submit to the President a declaration of assets in accordance with the conditions of sub-paragraph (5) of the paragraph prior to the expiry of the period set for that purpose in accordance with the law enacted by Parliament.

(8) No other business will be transacted in Parliament (except the election of Speaker) at any time the seat of Speaker is vacant.

(10) Anyone who is not a Parliamentarian, who will be elected Speaker, will be required, before assuming his position, to take the oath of allegiance.

85. Deputy Speaker

(1) There will be a Deputy Speaker of Parliament who will be elected by Parliamentarians from among the Parliamentarians.

(2) Minister, Deputy Minister or anyone holding any position of responsibility mentioned by law and enacted by Parliament for the purpose of this paragraph will not qualify to be elected Deputy Speaker.

(3) Parliamentarians will elect the Deputy Speaker during the following period-

(a) when Parliament meets for the first time after the General Elections or as soon as possible thereafter.

(b) during the first session of Parliament after the seat of Deputy Speaker falls vacant for any reason unrelated to the dissolution of Parliament, or as soon as possible thereafter.

(4) The Deputy Speaker will cease to be Deputy Speaker and will vacate the seat of Deputy Speaker whenever any of the following things occur:-

(a) if that person ceases to be a parliamentarian

(b) if there arises anything that, if he was not Deputy Speaker would have made such a person to lose his election reputation for election as Deputy Speaker;

(c) if that person is removed from his position as Deputy Speaker following a Parliamentary motion.

86. Procedure of electing Speaker and Deputy Speaker

(1) There will be an election of Speaker during the first session of the new Parliament, and in any first session when the seat of Speaker is vacant.

(2) There will be an election of Deputy Speaker at any time during the first session of the new Parliament and similarly during the first session of Parliament when there is a vacancy for the seat of Deputy Speaker.

(3) The election of the Speaker as well as that of the Deputy Speaker will be held via secret ballot and will be conducted in accordance with Parliamentary procedures.

OFFICE OF PARLIAMENT

87. Secretary to parliament

(1) There will be a Secretary to Parliament who will be selected by the President from among those persons holding positions of responsibilities in the civil service of the Union Republic.

(2) The Parliamentary Secretary will be the chief planning officer in the Office of Parliament and will be expected, for the smooth running of business of Parliament, to adhere to the conditions of this Constitution and of applicable laws.

88. Parliamentary Secretary

(1) There will be a Parliamentary Secretariat which will have positions of responsibilities in the civil service of the Government and the number of such positions will be fixed by the President.

(2) The Parliamentary Secretariat will have the number and position levels of service which will be determined from time to time by the relevant public service commission after consulting with the Parliamentary Secretary.

(3) The Parliamentary Secretariat under the direction of the Parliamentary Secretary will discharge all defined duties and functions or those that are important in the efficient operations of Parliament and of the business of Parliamentarians under this Constitution.

PARLIAMENTARY PROCEDURES

89. Permanent Parliamentary Guidelines

(1) Without jeopardising the conditions of this Constitution, Parliament may enact a law establishing Permanent Parliamentary Guidelines for the purpose of outlining the procedures that will govern its work.

(2) Permanent Parliamentary guidelines established in accordance with this paragraph may set the procedure governing the implementation of the activities of the Parliamentary Secretariat and also the implementation of Parliamentary business inside Parliament and those of Parliamentary Committee and sub-committee.

90. Convening of parliamentary meetings and dissolution of parliament

(1) After the General Elections the President will convene a meeting of the new Parliament to be held within seven days after the announcement of election results in all election districts except in those areas where elections have been cancelled and rescheduled.

(2) The President may dissolve Parliament any time.

(3) When the life of Parliament ends Parliament will be considered to have been dissolved, with the exception that if that period ends at any time when the Union Republic is at war, Parliament may from time to time extend the period mentioned in paragraph 65 of this Constitution for a period not exceeding twelve months, but the life of Parliament cannot be extended in accordance with the conditions of the sub-paragraph for a period exceeding five years.

(4) In case of emergency of if there is an emergency situation and the President considers it necessary to convene a meeting of Parliament and if at that time Parliament is dissolved and the results for the majority seats have not been announced then the President may issue a special Statement calling for a meeting of Parliament and to order that the Speaker and all the people who were Parliamentarians immediately prior to the dissolution of Parliament attend the meeting of Parliament and these people together with the Speaker will be considered to be parliamentarians in respect of the meeting and will be considered to until midnight on the day the results of the majority seats have been announced.

91. President can address Parliament

(1) The President will address Parliament during its first session and will officially open the House.

(2) Without jeopardising the conditions of sub-paragraph (1) the President can anytime address Parliament of submit a Statement to Parliament to be read by a Minister.

92. Parliamentary sessions

(1) Parliament will hold its meetings at a customary venue where it meets and anywhere else in the Union Republic to be set by the President for that purpose.

(2) The first session of Parliament in the life of Parliament will begin on the day when Parliament is convened, and any subsequent meeting will he held on any day set by Parliament itself or on any day set in accordance with the Parliamentary Standing Orders.

(3) The President may convene a meeting of Parliament at anytime.

93. Chairing Parliamentary sessions

Each Parliamentary session will be chaired by one of the following people, that is:-

(a) Speaker, or

(b) If the Speaker is not present, the Deputy Speaker

(c) If the Speaker and Deputy Speaker are not present, any Parliamentarian elected by Parliament for that purpose, but a Minister of Deputy Minister or anyone holding any other position of responsibility mentioned by law enacted by Parliament for the purpose of this paragraph will not qualify in accordance with this sub-section.

94. Parliamentary Quorum

(1) The quorum of any Parliamentary session is half of all Parliaments.

(2) Except when otherwise explained in this Constitution, every issue being debated by Parliament will be decided by a majority vote of all Parliamentarians who attended and voted.

(3) The Speaker, Deputy Speaker or anyone who chairs a session of Parliament will not have an ordinary vote but an over-riding vote in case there is a tie.

(4) Parliamentary Standing Orders can lay down conditions that any Parliamentarian who votes on any issue of which he has interest will be considered not to have voted.

95. Vacant Parliamentary seat

Parliament can deliberate its business during its session without regard that there is a vacant seat within the seats of Parliamentarians (either the seat having been vacant since Parliament convened for the first time after the General Elections or the seat having been vacant after that first meeting), and if in that business there is a participant who is not entitled to participate or if during that session there is in the chamber a person who has not right of being present, then the participation of that person or his presence will not nullify that session.

96. Permanent Parliamentary Committee

(1) Without jeopardising the conditions in sub-paragraph (3) there will be Permanent Parliamentary Committees as follows:-

(a) Leadership Committee;

(b) Finance and Economic Committee

(c) Constitutional and Judicial Committee

(d) Political Committee

(e) Audit Committee

(f) Citizen Group Committee; and

(g) Foreign Relations Committee; and

(h) Committee of Other Matters.

(2) Standing Orders of Parliament can explain the size, functions and procedures to be followed by the Permanent Committees mentioned in sub-paragraph (1)

(3) Parliament can establish other Committees to perform various functions if it deems necessary;

(4) Standing Orders may outline the procedures of establishing Parliamentary Committees and explain the functions of each Committee established in accordance with the conditions in this paragraph.

PROCEDURES OF LEGISLATION

97. How to use the power of legislation

(1) Without jeopardising other conditions contained in this Constitution, Parliament will use its powers of legislation by following the procedures of debating and approving bills of law which ultimately will require the consent of the President, and a bill will not be law until it has been passed by Parliament and accepted by the President in accordance with the conditions of this paragraph.

(2) After a bill has been sent to the President for his consent, the President may accept or reject it, and if the President rejects the bill, then he will send it back to Parliament together with an explanation as to why he rejected the bill.

(3) After the bill has been returned to Parliament in accordance with the conditions of this paragraph, it cannot then be sent back to the President for his consent until the expiry of six months after it was returned, except if in its last action in Parliament before being sent back to the president the bill was supported by not less than two thirds of all Parliamentarians.

(4) When a bill is returned to Parliament by the President, and then is supported by not less than two thirds of all Parliamentarians as explained in sub-paragraph (3) and sent to the President to get his consent for the second time before the expiry of six months since being returned, the President will be required to accept that bill within 21 days since the bill was conveyed to him or otherwise he will be required to dissolve Parliament.

(5) The conditions contained in this paragraph or in paragraph 64 of this Constitution will not stop Parliament from enacting laws and setting conditions which can give to anyone or any department of Government the authority of establishing legally binding guidelines or to give legal authority to any guidelines established by anyone or any department of Government.

98. Procedure for changing this Constitution and some of the laws

(1) Parliament may enact a law for the purpose of changing any conditions of this Constitution by following these guidelines:-

(a) A bill intending to change any condition of this constitution (except those relating to sub-section (b) of this sub-paragraph) or any conditions of any law mentioned in the First List of the Second Addendum will need to support of not less than two thirds of all Parliamentarians.

(b) A bill intending to change any conditions in this Constitution or any other condition of law relating to any issue among the issues mentioned in the Second List of the Second Addendum at the end of this Constitution will be adopted only if it is supported by not less than two thirds of all Parliamentarians from mainland Tanzania and two thirds of all Parliamentarians from mainland Tanzania and two thirds of all Parliamentarians from Tanzania Zanzibar.

(2) For the purpose of interpreting the conditions of this sub-paragraph (1) changing the conditions of this Constitution or conditions of law shall also include modifying or correcting the said conditions or to delete or to insert other conditions instead or to put emphasis or to change the implementation of these conditions.

99. Procedure for legislating financial matters

(1) Parliament will not involve itself in any of the matters relating to this paragraph except if the President has recommended that a particular matter be dealt with by Parliament,

and if the President's recommendation has been submitted to Parliament by a Minister.

(2) Issues involved in this paragraph are as follows:-

(a) A bill or any changes in a bill in respect of any of the following matters-

(i) Imposing taxes or modifying taxes in any other way other than reducing it;

(ii) Ordering that expenditure or spending be done from the Treasury of the Government or any other Government Fund, or to change the ceiling in any way other than reducing it;

(iii) Ordering that expenditure or spending of money be done from the Treasury of the Government of from any other Fund when it is clear that no funds were reserved for such expenditure or spending, or to order that payments or spending from these funds be increased;

(iv) To withdraw of cancel any loan owed to the Government of the Union;

(b) A motion or any changes in a motion in respect of any of the things mentioned in sub-section (a) of this sub-paragraph.

(3) The conditions of this paragraph will not apply bill submitted to Parliament or any motion submitted to Parliament by a Minister or Deputy Minister.

Responsibilities and Rights of Parliament

100.

(1) There will be freedom of though, debate and business in Parliament, and that freedom will not be suspended nor challenged by any instrument in the Union Republic, or in any court of law anywhere else outside Parliament.

(2) Without jeopardising the Constitution or any applicable conditions of law, no Parliamentarian will be charged or sued in a court of law as a result of anything he sad or did inside Parliament or in respect of any matter he tabled before Parliament in a form of request, motion or any other matter.

101. Preserving freedom of debate and Parliamentary Business

Parliament may enact a law for the purpose of allowing a court of law and the law to preserve and reinforce the freedom of thought, debate and Parliamentary business which in accordance with paragraph 100 has been guaranteed by this Constitution.

CHAPTER FOUR - The Government of Zanzibar and the Zanzibar Revolutionary Council

SECTION ONE - The Government of Zanzibar and the President of Zanzibar

102

(1) There shall be a 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) Without prejudice to the intentions which are in this section and which follow in this Constitution, a Government of Zanzibar shall be formed and it shall exercise its powers in accordance with the Law enacted and in force in Zanzibar which concerns the Government of Zanzibar and its powers.

103.

(1) There shall be a leader of the Government of Zanzibar who shall be the President of Zanzibar and the Head of the Government of Zanzibar and also the Chairman of the Revolutionary Council.

(2) The Leader of the Government of Zanzibar shall hold and exercise his authority in accordance with the Law enacted and in force in Zanzibar concerning the powers of the Leader of the Government of Zanzibar and the exercise of these powers.

(3) In addition to all his other powers, the Leader of the Government of Zanzibar shall himself nominate and delegate authority to Ministers and Junior Ministers of the Zanzibar Government.

104.

(1) The Leader of the Government of Zanzibar shall be elected by the Zanzibar Revolutionary Council in accordance with the provisions of this Constitution and in accordance with the procedure which shall be established in accordance with the Law which has been enacted, and which is in force concerning the election of the Leader of the Government of Zanzibar.

(2) At the time appointed to elect the Leader of the Zanzibar Government, a Special Committee of the Executive Committee of the Party which has been formed under section 63 (2) of the Party Constitution (in order to supervise the control all Government business in the Islands' division of Tanzania) shall convene and choose one person who is suitable to be the only person who shall stand for election as the Leader of the Zanzibar Government.

(3) When the time comes to elect the Head of the Government of Revolution in Zanzibar, the National Executive will meet, and in accordance with meet, and in accordance with the Party Constitution, recommend names of more than one person from Tanzania Zanzibar who have attained the age of not less than 40 years, each of whom will stand independently as contestant in the election of Head of the Revolutionary Government of Zanzibar.

(4) The names of the recommended people in the initial selection done by the Executive Committee of the National Executive in accordance with sub-paragraph (3) will be submitted to the National Executive which will then meet and make the final nomination of one person who will stand as the Head of the Revolutionary Government of Zanzibar in accordance with the conditions of this paragraph.

SECTION TWO Revolutionary Government of Zanzibar

105.

(1) There will be a Revolutionary Council of Zanzibar which will have the following members:-

(a) Chairman of the Revolutionary Council;

(b) Chief Minister of the Revolutionary Government of Zanzibar;

(c) All the Ministers of the Revolutionary Government of Zanzibar.

(d) Other member who will be nominated by the Chairman of the Revolutionary Council in accordance with the Constitution of Zanzibar.

(2) Without interfering with the responsibilities of the Chairman of the Revolutionary Council as leader of the Revolutionary Government of Zanzibar, the Revolutionary Council will be the principal instrument that will advise the Head of the Revolutionary Government of Zanzibar regarding all matters of implementation of his duties of leadership and the supervision of the business of the Government of Zanzibar and also the implementation of his responsibilities regarding all functions of the Government on matters that are non-Union matters, in accordance with the condition of this Constitution and those of the Government of Zanzibar.

SECTION THREE

106.

(1) The Revolutionary Council of Zanzibar is a Committee of the National Conference of the Party, in accordance with section 59 (12) of the Party Constitution, whose work is to supervise in full the execution of Party Policies which is being done by the Zanzibar Government.

(2) The Revolutionary Council shall perform its duties which have been described in sub-paragraph (1) of this section in exactly the same way which shall be used in the execution of its other duties as has been explained in section 58 of this Constitution.

107. Responsibilities of the House of Representatives

(1) The President of Zanzibar as one part of the Council of Repsresentatives will discharge all the responsibilities entrusted to him by this Constitution and also the Constitution of Zanzibar for that purpose.

(2) Representative delegates comprising the Council of Representatives will be the principal instrument in Tanzania Zanzibar which will have the power, on behalf of the people of Tanzania Zanzibar, of administering and advising the Revolutionary Government of Zanzibar and all its institutions, on how to discharge its responsibilities in accordance with this Constitution and the Constitution of Zanzibar.

(3) In implementing its functions, the Council of Representatives may:-

(a) ask any Minister of the Revolutionary Government of Zanzibar any question regarding the well-being of the people of Tanzania Zanzibar which is under its jurisdiction.

(b) to discuss the fuctions of each Ministry of the Revolutionary Government of Zanzibar during the annual budget meeting of the Council of Representatives;

(c) to discuss and approve any long-term or short-term programs intended for implementation in Tanzania Zanzibar, to enact laws and to administer such programs;

(d) to enact laws where implementation of programs requires that there be laws;

(e) to prepare and to order the preparation and to submit to the Party statements regarding any issue which is under the jurisdiction of Parliament.

(4) For the purpose of overseeing in general the implementation of the policies of the Party being undertaken by the Revolutionary Government of Zanzibar and citizen groups, Representative members will establish a joint committee which will consist of a Special Committee of the Party National Executive Meeting.

CHAPTER FIVE - The High Court of the United Republic, the Judicial Service Commission of Mainland Tanzania, the High Court of Zanzibar and the Special Constitutional Court of the United Republic

SECTION ONE - The High Court of the United Republic

108.

(1) There shall be a High Court of the United Republic whose jurisdiction shall be as has been described in this Constitution or in any other Acts.

(2) There shall be Chief Justice of the High Court and other Judges of the High Court whose number shall be not less than fifteen.

(3) The office of (a) Judge shall not be abolished while there is a person holding that office.

(4) The High Court is the Court superior to all other and unless a Law shall be enacted by Parliament directing otherwise, the High Court shall have the power of dealing with all business which normally pertains to Courts having such status.

109.

(1) The Chief Justice of Tanzania shall be appointed by the President.

(2) Other Judges of the High Court of the United Republic shall be appointed by the President after consultation with the Chief Justice.

(3) Without prejudice to the provisions of sub-section (5) a person may only be appointed to be a Judge of the High Court if he has the specified qualifications as have been clarified in sub-section (4) of this section and he must be a person who has possessed one among these specified qualifications for a period of not less than five years.

(4) For the purpose of the interpretation of sub-sections (3), (5) and (7), the meaning of "specified qualifications" is those qualifications which have been specified in the Advocates Act (or any other Act which amends this Advocates Act of which has taken its place) which makes it obligatory for a person to have one of these qualifications in order to enable (him) to be accepted for registration as an Advocate of Mainland Tanzania.

(5) If the President shall be satisfied that although a person holding one of these specified qualifications did not have this qualification for a period of not less than five years, but this person has ability (and) knowledge and is suitable in every respect to be given the powers of a Judge of the High Court and there are special (valid) reasons to make this person merit receiving these powers, then the President may waive that condition of having specified qualifications for a period of not less than five years, and after consulting the Chief Justice in the usual way the president may appoint this person to be a Judge of the High Court.

(6) If it happens that the office of the Chief Justice shall be vacant or that the Chief Justice shall be incapable of carrying out his duties for any reason, then these duties shall be performed by one of the Judges who shall be nominated by the President for this purpose, and this Judge shall execute these functions until another Chief Justice shall be appointed to exercise the powers of the office of Chief Justice or until the Chief Justice himself who had not been able to perform his duties shall return to work.

(7) If it happens that the office of any Judge shall be vacant or if any Judge shall be appointed to be Acting Chief Justice or if he is incapable of performing his functions, or if the Chief Justice shall advise the President that the work of the High Court at that time requires an Acting Judge to be appointed, then the President may appoint an Acting Judge from among those persons having the specified qualifications:

With the exception that:

a. a person shall not be deemed to be disqualified from appointment in accordance with the terms of this sub-section for the sole reason that he has reached the age which has been declared in sub-section (1) of section 62 of this Constitution;

b. for the purpose of the appointment of an Acting Judge in accordance with the provisions of this sub-section, the President may waive that condition of having the specified qualifications for a period of not less than five years for reasons which have been declared in sub-section (5) of this section.

(8) Any person who shall be appointed to be an Acting Judge in accordance with the provisions of sub-section (7) of this section, shall continue to perform his functions as Acting Judge for any length of time which shall be declared at the time of his appointment or, if no period of time was stated, until his appointment shall be cancelled by the president, but notwithstanding that his term of office has ended or that his appointment has been cancelled, this person may continue his work as Acting Judge until he finishes preparing and delivering judgement or until he completes any other business concerning cases which he has already started to hear before his term of office came to an end ors before his appointment was cancelled.

110.

(1) Every Judge of the High Court shall be compulsorily retired when he shall reach the age of fifty five years, but the provisions of this sub-section shall be applied without prejudice to the terms which follow in this section.

(2) Any Judge of the High Court may resign from his work in the service of the Government of the United Republic at any time after reaching the age of forty five years unless the president shall direct that he shall not retire, and if the President so directs, the Judge who shall be affected by these Presidential directives shall not have the right to resign until the expiry of any period which shall be declared by the president for this purpose.

(3) If the President considers that in the Public Interest it is expedient for a Judge who has reached the age of fifty-five years to carry on with his work, and this Judge himself agrees in writing to carry on with his work, then the agrees in writing to carry on with his work, then the President may direct that this Judge continues in office for any length of time which shall be declared by the President.

(4) Notwithstanding that a Judge has reached the age of compulsory retirement in accordance with the provisions of this section, a person who performs the functions of a judge of the High Court may carry on with his work after reaching this age until he has finished the preparation and delivery of judgement or until he finishes any other business concerning cases which he had already started to hear before he reached this age of retirement.

(5) A Judge of the High Court may only be remove from the office of Judge because he is incapable of performing his duties (either as a result of sickness[1] that which jeopardises the impartiality of the judge or for any other reason) or because of misconduct, and he may not be removed from office except in accordance with the provisions of sub-section (7) of this section.

(6) If the President considers that the question of removing a Judge from office requires investigation, then in these circumstances the procedure shall be as follows:

a. The president shall appoint a Special Commission which shall consist of a Chairman and not less than two other Members. The Chairman and not less than half of the other members of this Commission must be persons who are Judges or persons who have been High Court Judges or Appeal Court Judges in any Commonwealth country.

b. This Commission shall investigate the whole matter and shall afterwards advise the president if the judge concerned should be removed from office in accordance with the provisions of this section because of his inability to perform his functions on account of sickness or for any other reason or because of misconduct.

(7) If the Commission which was appointed in accordance with the provisions of sub-section (6) shall advise the President that the Judge whose reputation has been investigated by this Commission should be removed from office because of being incapable of performing his duties on account of ill-health or any other reason or because of mis-conduct, then the President shall remove the Judge concerned from office.

(8) If the question of removing a Judge from office has been referred to the Commission for investigation in accordance with the provision of sub-section (6) of this section, the President may suspend the Judge concerned from duty, and the president may at any time annul this decision to suspend this Judge from duty, and in any circumstances this decision shall be in affective if the Commission advises the President that this Judge should not be removed from office.

(9) The provisions of this section shall be applied without prejudice to the provisions of sub-paragraph (8) of section 109 of this Constitution.

111.

A Judge of the High Court shall not take office unless and until he has first taken an oath of allegiance and also any other oath concerning the performance of his duties which shall be prescribed by Act of Parliament.

SECTION TWO - The Power to Appoint Magistrates and Other Judicial Officers of Mainland Tanzania and the Judicial Service Commission

112.

(1) There shall be a Service Commission for Magistrates and other Officers of the Courts of Mainland Tanzania. The Members of this Commission shall be as follows:

a. The Chief Justice of Tanzania, who shall be the Chairman;

b. On Judge of the High Court of the United Republic who shall be nominated for this purpose by the President after consultation with the Chief Justice;

c. One member who shall be appointed by the President.

(2) A person cannot be nominated to be a member of the Commission in accordance with the provisions of paragraph c. of sub-section (1) of this section if this person is a Member of Parliament or a person holding office of any other kind which has been named for this reason by a Law enacted by Parliament.

113.

(1) Without prejudice to the provisions of any Law enacted by Parliament which is concerned with the question of appointing Magistrates and other Judicial Officers the division of powers for the purpose of this question shall be as follows:

a. the power to appoint person to hold office of the kind named in sub-paragraph (2) of this section (as well as the power to confirm these persons in their appointment and to promote them) shall be vested in the President;

b. disciplinary control of these persons and the power to terminate their appointments shall be among the powers of the Service Commission which is mentioned in section 112 of this Constitution.

(2) The offices to which the provisions of this section apply are the office of the Registrar and the Deputy Registrar of the High Court of the United Republic, the office of Resident Magistrate and any other kind of Magistrate, and an office of any other kind which is concerned with any Court (except a Military Court) as shall be named by a Law enacted by Parliament in accordance with the provisions of this Constitution.

(3) The power of the President to abolish any office in the service of the Government of the United Republic shall not be exercised for the purpose of abolishing any of the officers named in sub-section (2) of this section at any time when there is a person holding this office, unless the Service Commission agrees that this office should be abolished.

SECTION THREE - The High Court of Zanzibar

114.

For the purpose of the interpretation of this Chapter of this Constitution, it should be understood that the provisions which are in this Chapter do not prevent the continuation or the establishment, in accordance with the Laws in force of Zanzibar, of the High Court of Zanzibar or of the Courts which are subordinate to the High Court of Zanzibar

115.

(1) Without prejudice to the provisions of sections 83 and 116 of this Constitution, the jurisdiction of the High Court of Zanzibar shall be as it shall be described by the laws in force in Zanzibar.

(2) Without prejudice to the provisions of this Constitution or any other law enacted by Parliament, if any law enacted by Parliament which is in force in Mainland Tanzania as well as the Tanzania Islands, has conferred any powers on the High Court, then the High Court of Zanzibar may exercise these power in the same manner as they can be exercised by the High Court of the United Republic.

SECTION FOUR - Interpretation of the Constitution and Appeals[2]

116. Interpretation

(1) In this Section Four of this Chapter Five of the Constitution and in other parts of this Constitution except when explained otherwise-

"Judiciary Department" means the Court of Appeal of the Union Republic mentioned in paragraph 117 of this Constitution (or in short the "Appeal Court"), High Court of the Union Republic mentioned in paragraph 108 of this Constitution (which will be known in short as "High Court") together with any other courts of lower level than the High Court.

"Chief Justice" means the Chief Justice of the Court of Appeal together with Deputy Chief Justice or Appeal Judge who is discharging the duties of the Chief Justice:

"Judge of Appeal" means any judge of the Court of Appeal.

(2) Without jeopardising the conditions of sub-paragraph (3), the Chief Justice will not have jurisdiction over any matter involving the composition or day operations of the courts established in accordance with the Constitution of Zanzibar or any law of Tanzania Zanzibar

(3) The Chief Justice will consult periodically with the Chief Justice of Zanzibar regarding the operations of the Court of Appeal in general, and also regarding the selection of Appeal judges.

117.

The provisions which are in this section and in sections 121 to 123 of this Constitution shall not be concerned with the resolution of any question which shall be dealt with under povisions of section 126 of this Constitution. 

118.

If any Court in the country of Tanzania has delivered a final decision concerning the interpretation of this Constitution or if any Judge in the country of Tanzania has delivered a similar decision, then there shall be a right of appeal to contest this decision. This appeal shall be sent direct to a Special Sitting of the High Court of the United Republic whose decision shall be final; there shall be no right of appeal elsewhere.

119.

Parliament may enact Laws for the purpose of making provision concerning the following matters:

a. the procedure for dealing with appeals which are going to the Special Sitting of the High Court in accordance with the provisions of this section;

b. the procedure for sending to the Special Sitting of the High Court any question which concerns the interpretation of this Constitution for the purpose of getting a ruling from this Special Sitting.

120.

There will be a Chief Justice of the Court of Appeal (who in the following paragraphs in this Constitution will be referred to in short as "Chief Justice") and other judges of the Court of Appeal whose number will not be less than two except that a special session of the full court will be complete if it does not have less than five Appeal judges.

121.

A Law which has been enacted by Parliament in accordance with the provisions of this Constitution or by the Zanzibar Revolutionary Council may specify the procedure for appealing against a decision of the High Court or of a Magistrate and for sending this appeal to another Court which is in East Africa if this appeal concerns a question which does not involve the interpretation of this Constitution or a question which is dealt with in accordance with the provisions of section 126 of this constitution.

122.

The provisions which are in this section shall be used without prejudice to the provisions of section 83 of this Constitution.

123.

A Law enacted by Parliament in accordance with the provisions of this Constitution or by the Zanzibar Revolutionary Council may make rules which shall prescribe the period of time and the reasons for filing an appeal in accordance with the provisions of this section and make rules for dealing with these appeals.

In the 1985 Amendment, paragraphs 27 to 32 refer to paragraphs 68B to 68G of the 1977 Constitution and change the respective numbers to paragraph 117 to 123. It also refers to deleting sub-paragraph (1) of the new paragraph 118 (formerly 68B) and replacing it with a new paragraph.

The original paragraph 69 is represented hers as paragraph 117, and the new paragraph for 118 is represented as paragraph 118 (1).

The remaining paragraphs referred to in the 1985 Amendment are not included here.]

SECTION FIVE - Procedure for the Transmission and Execution of Warrants and orders Issued by the Courts

124.

(1) Orders issued by the Courts of Mainland Tanzania and the Courts of the Tanzania Islands in civil proceedings of any kind and in criminal proceedings of any kind (including warrants of arrest) may be sent to any place within Tanzania and these orders may be executed at any place within Tanzania in accordance with the following provisions:

a. when a Court has issued an order which shall be executed at a place where this Court has no jurisdiction, then this order shall be sent there and the directions which are in this order shall be executed in accordance with the procedure which is in use there in respect of the transmission of warrants and the execution of the orders therein which have been issued by a Court having (the same) jurisdiction as the place to which the warrant has been sent; and

b. if the Law in force at that place to which the warrant has been sent has made conditions that orders which have been issued by a Court at another place must first be endorsed by a Court having jurisdiction at the place where this Law is in force, then every order which has been issued by a Court of another place must first be endorsed in accordance with this Law before the directions therein can be executed.

(2) If a person has been arrested anywhere within Tanzania in accordance with a warrant of arrest which has been issued by a Court which has no jurisdiction at the place where this person was arrested, then this person shall be deemed to be in lawful custody and he may be brought before the Court which issued this warrant, but the provisions which are in this sub-section must be used without prejudice to the provisions of the Law which is in force at the place where this person was arrested.

(3) The provisions which are in this section shall not preclude an Act to establish the procedure for sending warrants outside Tanzania which have been issued by the Courts of Mainland Tanzania or the Courts of the Tanzania Islands.

SECTION SIX - The Special Constitutional Court of the United Republic

125.

There shall be a Special Constitutional Court of the United Republic whose powers, structure and working procedure shall be such as are described in sections 126, 127 and 128 of this Constitution.

126.

(1) The sole function of this Special Constitutional Court is to hear cases brought before it, and to arbitrate over any question which concerns the interpretation of this Constitution when the interpretation thereof or its execution is in dispute between the Government of the United Republic and the Government of Zanzibar.

(2) In performing its funcitons in accordance with the provisions of this section, the Special Constitutional Court shall not have jurisdiction to enquire into and to change a decision of the High Court of the United Republic which has been delivered in accordance with the provisions of sections 83 or 117 of this Constitution, and if at the time of hearing the case the Special Constitution of the kind which is issued by a Special Sitting of the High Court in accordance with the provisions of section 46, then the Special Constitutional Court may adjourn the hearing until this interpretation is available.

(3) Every arbitration decision which shall be delivered by the Special Constitutional Court in accordance with this section shall be final; there shall be no right of appeal to be sent anywhere.

127.

(1) The Special Constitutional Court shall have members of whom half the total of all members shall be nominated by the Government of the United Republic and the other half of this total shall be nominated by the Government of Zanzibar.

(2) The only person who is eligible to be appointed to be a member of the Special Constitutional Court is one who is a Judge or who has been a Judge of the High Court of the United Republic or of the High Court of Zanzibar or who has the ability and experience of a Judge and who merits being appointed a Judge or an Acting Judge in accordance with the Law in force in Mainland Tanzania and the Law in force in the Tanzania Islands, or as it shall be.

(3) A person may be appointed to be a member of the Special constitutional Court either for the purpose of hearing only one case or two or more cases as shall arise. A member shall continue to exercise his functions as a member of the Special Constitutional Court until the case with which he is concerned shall be completed or until his appointment shall be cancelled or until he shall become incapable of carrying out his duties as a Member because of ill-health or for any other reason.

128.

(1) The Special Constitutional Court shall only sit when there is a case to be heard, and it shall hold its sittings at any place with shall be decided upon in accordance with the procedure which shall be in force for cases which shall be heard by the Special Constitutional Court.

(2) The quorum for every sitting of the Special Constitutional Courts is all member shall be vacant then the Government which appointed this member who is absent or whose seat is vacant shall appoint another member to take his place. A temporary member who has been appointed in accordance with this sub-section shall continue to carry out his duties in the Special Constitutional Court until the usual member shall return to work or until a person shall be appointed to fill the vacancy or until the case shall be finalized, depending on which among these options shall happen first.

(3) Every question which requires a decision of the Special Constitutional Court shall be arbitrated by following the expressed opinion of two-thirds of the members from the Tanzania Island.

(4) Parliament may enact a Law for the purpose of making provision regarding the procedure for the election of the chairman of the Special Constitutional Court, the procedure for sending disputes to this Court, the procedure for presenting the case in the Court and the procedure for sending the decision of the Special Constitutional Court to the Government.

With the exception that when any case shall be brought before the Special Constitutional Court at a time when there is no law of any kind which has been described in this sub-section, then the case shall be heard and determined in accordance with the procedure which shall be established by the Court itself before starting to hear the case, or if the Members of the Court shall be unable to agree mutually on this procedure, then the case shall be heard and determined in accordance with a procedure which shall be decided upon be the Government of the united Republic in conjunction with the Government of Zanzibar.

CHAPTER SIX

SECTION ONE - The Permanent Commission of Enquiry

129.

(1) There shall be a Permanent Commission of Enquiry which shall have powers to investigate the behavior of any person to whom the provisions of this section apply, and this investigation shall be carried out regarding the behavior of this person in the normal execution of his powers or the execution thereof which exceeds his powers.

(2) The Commission shall carry out its investigation in accordance with the provisions of this section, and it shall carry out its investigation regarding any person concerned whenever it shall be directed to do so by the president; and also, unless the president directs otherwise, the Commission may carry out an investigation at any time when it considers that there ought to be an investigation of the conduct of any person to whom the provisions of this section apply and who is suspected of having exceeded the powers of his office or to have abused the powers of his office.

(3) After its investigation, the Commission shall send to the President a report on the enquiry it has made, the findings of the Commission regarding the whole matter and its recommendations.

(4) The provisions of this section shall apply to servants of the Government of the united Republic, employees and Leaders of The Party, members and employees of all Government Commissions, Government Departments, State Corporations and any other organs of State, as shall be described in an Act of Parliament, but these provisions shall not apply to the President nor to the President of Zanzibar.

(5) The Permanent Commission shall not have any powers, either in accordance with the provisions of this section or the provisions of any Law enacted by Parliament for the purpose of this Chapter of this Constitution, to enquire into the decision of any Judge, any Magistrate or of the registrar of the Court if this decision has been delivered in the execution of the duties of his office; the Commission shall also not have any powers to enquire into any decision which has been issued by any organ having judicial origin which has been established in accordance with the Act if this decision was announced during the performance of its duties.

130.

(1) The Permanent Commission shall have a Chairman and other members not exceeding four who shall be appointed by the President.

(2) If any person is appointed to be a member of the Permanent Commission he shall be compelled to resign immediately from the office of Minister, Junior Minister; and office in the party or any other sort of office which shall be declared for this purpose by a Law enacted by parliament.

(3) Any person who shall resign from the office of member of the Permanent Commission may be re-appointed, but, notwithstanding the provisions of sub-section (3) of section 14 of this Constitution, a person who has held the office of Member of the permanent Commission for a period of four consecutive years cannot be re-appointed to be a Member until after the expiry of a period of two years from the time when he resigned the office of Member of the Permanent Commission.

(4) Without prejudice to the provisions which are in this section, a member of the permanent Commission shall cease to be a member and shall reign this office when there shall occur any among the following matters:

a. if a period of 2 years has elapsed since he was appointed; or

b. if this member shall take any office of any sort which, if he had not been a member of the Commission, would have precluded him from being appointed a member of the Permanent Commission.

(5) The President may only remove a member of the permanent Commission from office because he is incapable of performing his duties (either on account of ill-health or for any other reason) or because of mis-conduct.

(6) The Commission may perform its functions notwithstanding that there is a vacancy among the members' seats or that one of the members is absent.

131.

Parliament shall enact a law in accordance with the provisions of this Constitution in order to make rules concerning the powers of the Commission, the procedure for performing its functions and concerning the legal protection shall be accorded to the members for the purpose of enabling them to carry out their duties without legal difficulties.

SECTION TWO - The Commission for the Leadership Code

132.

(1) There shall be a Commission for the Leadership Code which shall have powers to investigate the conduct and behavior of any Leader for the purpose of making sure that the rules of Leadership are being implemented as they should be.

(2) For the purpose of this section, the meaning of Leadership and of the rules of Leadership should be understood in accordance with the provision s of the Part Constitution, the provisions of this Constitution or the provisions of any other Act of Parliament, to the extent that these provisions are concerned with the question of Leadership and its interpretation.

(3) The Commission for the Leadership Code shall have a Chairman and other members whose number shall be declared by Act of Parliament. All the Members of the Commission for the leadership Code shall be appointed by the President who may nominate a Vice Chairman of the Commission from among the members of the Commission.

(4) Parliament shall enact a Law in order to make rules concerning the structure of the Commission, the powers of the Commission and the procedure for the performance of its duties.

CHAPTER SEVEN - Provisions Relating to Financial Matters of the Treasury of the Government of the United Republic

SECTION ONE - Contributions and Division of Income of the Union Republic

133. Joint Account

The Government of the Union Republic will maintain a Special Account to be called, Joint Financial Account, as part of the Treasury of the Government of the Union Republic which will have all the monies to be contributed by the two Governments. At a level to be determined by the Joint Financial Committee in accordance with the law enacted by Parliament, for the purposes of the activities of the Union Republic on matters of the Union.

134. Joint Financial Committee

(1) There will be a Joint Financial Committee which will be comprised by no more than seven delegates to be selected by the president in accordance with this paragraph and conditions of law enacted by parliament.

(2) The responsibilities of this Committee will be-

(a) to deal with income and expenditure arising from, and, or involving transactions of union Matters, and to make recommendations to the two Governments on matters of contributions and shares of each one of the two Governments.

(b) to administer at all times the monetary policies of the Union Republic and also the financial relationship between the two Governments.

(c) to carry out other responsibilities to be delegated to it by the president, or as ordered by the president, in accordance with the law enacted by Parliament".

135.

(1) All funds which shall be obtained from any source for the expenditure of the government of the United Republic, except funds of the kind which is declared in sub-section (2) of this section, shall be put into one specified fund which shall be called the "Consolidated Fund" of the Government Treasury.

(2) Funds which shall not be put into the Consolidated Fund of the Government Treasury are all those which have been declared by any Law should be spent for a specific purpose or should be put into another Fund for specified expenditure.

136.

(1) Funds shall not be withdrawn from the Consolidated Fund of the government Treasury except in accordance with the following provision:

a. these funds should be for expenditure which it has been authorized shall come from funds in the Consolidated Fund of the government Treasury and this authority should have emanated from this Constitution or any other Law;

b. these funds should be for the purpose of expenditure which has been authorized either by a Law relating to Government Expenditure which has been especially enacted by Parliament or a Law which has been enacted in accordance with the provisions of section 140 of this Constitution.

(2) Money which has been put into any Government specified fund, apart from the Consolidated Fund of the Government Treasury, shall not be withdrawn from this fund for the purpose of expenditure unless and until this expenditure has been authorized by an Act.

(3) Money which is in the Consolidated Fund of the Government Treasury shall not be withdrawn from this Fund for the purpose of expenditure unless and until this expenditure has been authorized by the controller and Auditor General of Government Accounts and also on condition that these funds should be withdrawn following the procedure which has been established for this purpose in accordance with an Act of Parliament.

137.

(1) The President shall issue directives to the person concerned that they should prepare and send to Parliament during every financial year of Government, Estimates of Revenue and Expenditure of the Government of the United Republic covering the period of the following financial year.

(2) After Parliament has accepted the Estimates of Expenditures (other than expenditure which has been authorized either by this Constitution or by any other Law out of funds which are in the Consolidated Fund of the Government Treasury) a Bill shall be presented to Parliament, which shall be called a Bill for the Expenditure of Government Funds, in order to authorize the expenditure of money from the Consolidated fund of the Government Treasury, and these funds shall be issued for the payment of the different expenses and commitments of Government which are covered by these estimates.

(3) If during any financial year it is apparent that:

a. the money for expenditure which has been authorized by the Act for the Expenditure of Government Funds in respect of a certain project is not enough or if it has become necessary to pay the expenses of work which was not allocated expenditure fund in accordance with Act; or

b. there are funds which have been spent on a certain project to an amount which exceeds the amount of expenditure which was authorized by the Act for the Expenditure of Government Funds for this purpose or that funds have been allocated expenditure funds in accordance with the Act,

there shall be presented to Parliament Supplementary Estimates of Expenditure or, as it shall be, Explanations of Excess Expenditure, and after Parliament has approved these Supplementary Estimates of Expenditure or Explanations of Excess Expenditure, there shall be sent to Parliament a Bill for the Expenditure of Government Funds in order to sanction the expenditure of funds from the Consolidated Fund of the Government Treasury, and these funds shall be spent on paying the expenses of the works to which these Estimates or Explanations are relevant.

138.

(1) No taxation of any kind shall be levied except in accordance with a procedure established by law and given legal force by an Act of Parliament.

(2) The provisions which are in sub-paragraph (1) of this section shall not prevent the Zanzibar Revolutionary Council from using its powers to levy any sort of taxation in accordance with the powers of this Council.

139.

(1) Parliament may enact a Law in order to make provision for the authorization of expenditure of money out of the Consolidated Fund of the Government Treasury in accordance with the procedure which has been described in sub-section (2) of this section.

(2) If the Government financial year has started and the Act for the Expenditure of Government Funds in respect of this year has not yet come into force, then the President may authorize the issue of funds from the Consolidated Fund of the Government Treasury in order to pay for the necessary expenses of Government business, and these funds shall be used until the expiration of four months from the Expenditure depending on which of these alternatives shall happen earlier,

140.

(1) Parliament may enact a Law in order to establish provisions concerning the following matters:

a. to institute a Contingencies Fund and to enable the President or a Minister nominated by the President for this purpose to borrow money from this fund to pay for the expenses of an unexpected emergency which has not been foreseen and for which no funds have been allocated for expenditure; and

b. to enable the President or a Minister nominated by the President for this purpose to spend money which has been especially set aside for a certain purpose to pay for the expenses of a sudden emergency as has been described in sub-paragraph a. of this sub-section.

(2) If funds have been borrowed from the Contingencies Fund or from funds which were especially ear-marked for a certain project have been spent for the payment of the expenses of a sudden emergency, then Supplementary Estimates of Expenditure shall be sent to Parliament, and after Parliament has accepted these Estimates a Bill for the Expenditure of Government Funds which shall be presented to Parliament for the authorization of this Supplementary Expenditure shall certify that any funds which have been borrowed from the Contingencies Fund shall be paid back into this Fund out of the money for expenditure which shall be authorized by this Bill.

141.

(1) The National Debt shall be guaranteed by the Consolidated Fund of the Treasury of the Government of the United Republic

(2) For the purpose of interpretation of this section, the meaning of the national Debt is the debt itself and also the interest which is paid on this debt, money which is put on deposit in order pay the debt by instalments (gradually) and all charges which are consequent to the servicing of this debt.

142.

(1) Government employees to whom the provisions of this section apply shall be paid salaries and allowances as shall be prescribed by a Law enacted by Parliament.

(2) Money for the payment of the salaries and allowances of Government employees to whom the provisions of this section apply together with pensions and gratuities for those among these employees who are entitled to these payments shall be paid from the Consolidated Fund of the Government Treasury.

(3) The salary which is pad to a Government employee to whom the provisions of this section apply together with his terms and conditions to service shall not be altered, after this employee has been appointed, in a manner which shall decrease the emoluments of this employee, but this does not apply to the allowances which are paid to this employee.

(4) If a Government employee to whom the provision of this section apply has an option to choose his rate of salary or the terms and conditions of his employment, then for the purpose of interpretation of the provisions of sub-section (3) of this section, this rate of salary which he shall choose and this kind of terms and conditions of employment which he shall choose shall be deemed to have more advantage to him than any other rate of salary which he would have been able to choose or any other terms and conditions of service which he would have been able to choose.

(5) The provisions of this section shall be applied to a Judge of the High Court of the United Republic, the Chairman and every Member of the Permanent Commission of Enquiry and the Controller and Auditor General of the Accounts of the Government of the United Republic.

143.

(1) There shall be a Controller and Auditor General of the Accounts of the Government of the United Republic.

(2) The Controller and Auditor General of Accounts shall have the following duties and responsibilities:

a. to certify that the expenditure of any funds which are intended to be withdrawn from the Consolidated Fund of the Government Treasury has been authorized and that they will be withdrawn in accordance with the provisions of section 136 of this Constitution, and when he shall be satisfied that these provisions will be implemented as they should be, then he shall authorize these funds to be withdrawn;

b. to certify that all funds whose expenditure has been authorized out of monies which were in the Consolidated Fund of the Government Treasury or funds whose expenditure has been authorized by an Act of Parliament, and which have been spent for the purposes for which the expenditure of these funds was intended, and that this expenditure was incurred in accordance with the authorization issued concerning this expenditure; and

c. at least once a year to audit and to issue a report o the audit of the accounts of the Government of the United Republic, the accounts which are superintended by all the officers of the Government of the United Republic and the accounts of all the departments of the Government of the United Republic, the accounts of the all the Courts of the United Republic and the Accounts which are superintended by the Clerk to the National Assembly.

(3) The Controller and Auditor General of the Accounts and every Government official who has been authorized by the Controller and Auditor General of Accounts shall have the right to inspect the books, the records, the returns, the reports and all the other documents which are concerned with the accounts of any sort which has been referred to in sub-section (2) of this section.

(4) The Controller and Auditor General of Accounts shall send to the President every report which he shall issue in accordance with the provisions of sub-section (2) of this section. After receiving this report the President shall direct those persons who are concerned to send this report to the first sitting of Parliament which shall be held after the President has received this report and it must be sent to this sitting before the expiration of seven days from that day when this sitting had begun. If the President shall not take steps to send this report to Parliament, then the Controller and Auditor General of Accounts shall send this report to the Speaker of Parliament (or the Deputy Speaker if the Speaker's seat is vacant at this time or if for any reason the Speaker is unable to perform the duties of his office) who shall present this report to Parliament.

(5) The Controller and Auditor General of Accounts shall also have the responsibility of carrying out other duties, and he shall have other powers of various kinds, as has been described in the Act, concerning the accounts of the Government of the United Republic or the accounts of organs of State or the accounts of corporations.

(6) While executing his responsibilities in accordance with the provisions of sub-sections (2), (3) and (4) of this section, the Controller and Auditor General of Accounts shall not be compelled to comply with the orders or directions of any other person or any Government department, but these provisos in this sub-section shall not preclude Court from exercising its jurisdiction for the purpose of investigating whether the Controller and Auditor General of Accounts hascarried out his responsibilities in accordance with the provisions of this Constitution or not.

144.

(1) Without prejudice to the other provisions which are in this section, it shall be compulsory for the Controller and Auditor General of the Accounts of the United Republic to resign his appointment when he shall reach the age of 60 years or any other age which shall be declared by a law enacted by parliament.

(2) The Controller and Auditor General of Accounts may only be removed from his office on account of being unable to carry out his duties (either arising from ill-health or for any other reason) or because of mis-conduct, and it shall not be possible to remove him from office except in accordance with the provisions of sub-section (4) of this section.

(3) If the President perceives that the question of removing from office the Controller and Auditor General of Accounts needs to be enquired into in accordance with the provisions of this section, then in these circumstances the procedure shall be as follows:

a. the President shall appoint a Special Commission which shall have a Chairman and not less than two other Members. This Chairman and at least half the other members of this Commission must be persons who are judges or persons who have been Judges of the High Court or the Court of Appeal in any commonwealth country;

b. this Commission shall enquire into the whole affaire and afterwards shall issue a report to the President concerning (its) findings in the whole matter and it shall advise the President if this Controller and Auditor General of Accounts should be removed from office in accordance with the provisions of this section on account of being unable to perform his duties arising from ill-health or for any other reason or because of mis-conduct.

(4) If the Commission appointed in accordance with the provisions of sub-section (3) shall advise the president that this Controller and Auditor General of Accounts should be removed from office because he is incapable of doing his work arising from sickness or for any other reason or because of mis-conduct, then the President shall remove him from office.

(5) If the question of removing the Controller and Auditor General of Accounts from office has been submitted to the Commission for investigation in accordance with the provisions of this section, the President may suspend from duty this Controller and Auditor General of Accounts, and the president may at any time cancel this decision of suspending him from duty, and in any event this decision shall be annulled if the Commission shall advise the President that this Controller and Auditor General of Accounts should not be removed from office.

(6) A person who is the controller and Auditor General of Accounts or who has been Controller and Auditor General of Accounts may not be appointed to take or to hold onto any other office in the service of the Government of the United Republic.

CHAPTER EIGHT - Responsibilities of the People

145.

(1) There will be local Government institutions in each region province, town and village in the Union Republic, which will be in a form and will have names established by law enacted by Parliament or by the Council of Representatives.

(2) Parliament or the Council of Representatives as it may be, will enact laws which will integrate procedures and establish instruments of local Government, composition and representation, means of income and procedures of and representation, means of income and procedures of implementing the functions of these instruments.

146. Objections of local Governments

(1) The object of having local governments is to take the Government to the people. Instruments of local Governments will have the right and powers of involving and getting the people to participate in programs and activities of development in their areas and in the whole country in general.

(2) Without jeopardising the general contents of sub-paragraph (1) of this paragraph, every instrument of local Government in complying with the conditions of law that established it, will be responsible for the following matters.

(a) to discharge the responsibilities of local Government in its area;

(b) to ensure the maintenance of law and security of the people; and

(c) upholding democracy in its area and to use democracy in speeding up the progress of the people.

CHAPTER NINE - The Defense Forces

147.

(1) It is prohibited for any person or any organization or any group of people except the Government, to form or establish (in) Tanzania armed forces of any sort.

(2 )The Government of the United Republic may, in accordance with the law, form and establish (in) Tanzania armed forces of different kinds for the defense and security of the country and people of Tanzania.

148.

(1) Without prejudice to provisions which shall be established by any Law which has been enacted by Parliament, among the powers of the President acting as Commander-in-Chief of the Armed Forces are to order the country's armed forces to take appropriate action to fight in the defense of the United Republic, action to preserve the lives and property of the people during a state of emergency and any other action which the commander-in-Chief of the Armed Forces perceives to be required, and for this purpose the Commander-in-Chief of the Armed Forces may order these armed forces to take such action either inside or outside Tanzania.

(2) Without prejudice to provisions which shall be established by Act of Parliament, powers over the following matters shall be in the hands of the Commander-in-Chief of the Armed Forces, that is:

a. the power to appoint officers in the Defense Forces of the united Republic;

b. the power to appoint persons who shall join the Defense Forces and the power to dismiss members of the armed forces;

c. the power to appoint members of the armed forces who shall command various units of the Defense Forces; and

d. the power to direct any member of the armed forces not to exercise any of the authority conferred on him and which he holds by virtue of his being a member of the armed forces.

(3) Anything which any member of the armed forces shall do in contravention of an order which was issued by the Commander-in-Chief of the Armed Forces in accordance with the provisions of sub-section (1) and (2) of this section shall be invalid.

CHAPTER TEN - Miscellaneous

149.

(1) Any person having a title to any office which was established by this Constitution (including the office of Minister, Junior Minister or Member of Parliament, but excluding a Member of Parliament ho is a Member of Parliament by virtue of the office he holds), may resign by issuing a notice which has been written and signed by his own hand, in accordance with the following provision:

a. if this person was nominated or selected by one person, then he shall send this notice of resignation to the person who nominated or selected him, or if he was nominated or selected by a body of persons, then he shall send this notice of resignation to that body;

b. if this person is the President, then he shall send this notice of resignation to the National Executive Committee of the Party;

c. if this person is the Speaker or the Deputy Speaker of Parliament, then he shall send this notice of resignation to Parliament; and

d. if this person is a Member of Parliament, then he shall send this notice of resignation to the Speaker.

(2) A person who has issued a notice of resignation in accordance with the provisions of sub-section (1) of this section, shall be deemed to have resigned from that day on which his notice of resignation shall be received by the person concerned or the body concerned or when it shall have been received by any person delegated to receive this notice by the person concerned or the body concerned, but if this notice of resignation has stated that this person will resign at a later date after this notice of resignation has been received by the person or body concerned, then this person shall be deemed to have resigned after this later date.

(3) If any person holding a right to any office which was established by this Constitution (including the office of Minister, Junior Minister of Member of Parliament, but excluding a Member of Parliament who is a Member of Parliament by virtue of the office he holds) has resigned, then if he has all the qualifications required and deserves it in every way, he may be nominated or selected again to hold this office in accordance with the provisions of this Constitution.

(4) The provisions which are in sub-section (3) of this section shall not prevent a person who is President from being elected again to be President while he is still holding the office of President.

150.

(1) For the purpose of the interpretation of the provisions of this Constitution concerning the procedure of holding office in the service of the Government of the United Republic, it should be understood that any person with the power, in accordance with this Constitution to appoint or select another person to hold a certain office also has the capability to appoint or to select (someone) to act (in this office) or a person who shall hold (it) for a period and exercise these functions.

With the exception that these provisions shall not be applied to the office of a Minister, a Junior Minister, a Judge of the High Court, a Member of the Permanent Commission of Enquiry or a Member of the Electoral Commission.

(2) The following Committees[3] shall also be used for the purpose of interpreting the provisions of this Constitution concerning the procedure for holding office in the service of the Government of United Republic, that is:

151. Interpretation

(1) In this Constitution, except where otherwise interpreted:-

"military order" means law or regulation given in accordance with the law, for use in maintaining order in the military.

"soldier" used in relation to any army, includes any soldier who in accordance with regulations of that army is a person who is dedicated to maintaining law.

"Council of Representative" means the Council of Representative of Zanzibar mentioned in paragraph 106 of this Constitution which exercises its authority in accordance with this Constitution and that of Zanzibar;

"Parliament" means Parliament of the Union Republic mentioned in paragraph 62 of this Constitution;

"Party" for the purpose of the Constitution means the Party of Revolution mentioned in paragraph 3 (3) and 10 of this Constitution;

"Judiciary Department" is as interpreted in sub-paragraph (1) of paragraph 116 of this Constitution;

"Judiciary Department of Zanzibar" is the judiciary department encompassing all courts under the jurisdiction of the Revolutionary Government of Zanzibar;

"Chief Justice" means Chief Justice of the Court of Appeal mentioned in sub-paragraph (1) of paragraph 115 of this Constitution who was selected in accordance with the Conditions of sub-paragraph (2) of that paragraph 118 or if the Chief Justice is not present or is unable to discharge his duties for any reason whatsoever, Deputy Chief Justice selected in accordance with sub-paragraph (4) of paragraph 118 of this Constitution, and if the Deputy Chief Justice also is not present or is unable to discharge the duties of the Chief Justice, the Judge of the Court of Appeal in office at that time who is holding the highest level position over all the other Appeal Court Judges in office;

"Chief Justice of Zanzibar" means the Chief Justice of the High Court of Zanzibar, who, in accordance with the Constitution of Zanzibar, is the head of the Judiciary Department of Zanzibar;

"Armed Forces" means any of the security forces and this includes any other force established by this Constitution or in accordance with the law and which is under the military authority.

"Commonwealth" means the alliance whose members are the Union Republic and any country that applies to part seven of the law of Citizenship, of 1961, Chapter 512.

"Oath" will be understood in its ordinary meaning or the word, and includes an official declaration of any kind permitted by law to be used instead of the Union Republic;

"The Conduct of Judges" means the code of conduct governing those who perform the duties of judges or magistrates;

"Responsible positions in the service of the Government of the Union Republic" must be understood in its ordinary meaning and includes service in the security forces of the Union Republic and in the Police Force or any other force established in accordance with the law.

"Courts of law" means any court which has authority in the Union Republic except the court established under military laws; but for the purpose of paragraphs 13, 14 and 15 of this Constitution, will include courts established under military laws;

"High Court" means High Court of the Union Republic of High Court of Zanzibar;

"Union Matters" mean all issues of the nation which are mentioned in paragraph 4 of this constitution as being Union Matters;

"Authority of the nation" includes the Government and the Parliament of the Union Republic, together with the Government and the Council of Representatives of Zanzibar;

"Attorney General" means the Attorney General of the Government of the Union Republic mentioned in paragraph 59;

"Government" includes the Government of the Union Republic, the Revolutionary Government of Zanzibar or provincial administrations or local Governments and also any person who exercises any authority on behalf of the Government or local administrations;

"Local Government" means the institutions of Government established in accordance with paragraph 145 of this Constitution for the purposes of carrying out the responsibilities of the nation;

"Mainland Tanzanian" means all the area of the Union Republic which previously was the area of the Republic of Tanzania;

"Tanzania Zanzibar" means all the area of the Union which previously was the area of the Peoples Republic of Zanzibar and which before the enactment of this law was called Tanzania Islands;

"General Elections" or "election held by the people" means the Presidential elections and elections of Members of Parliament representing election districts which is held after the dissolution of Parliament;

"Minister" means a Parliamentarian who has been entrusted with the responsibilities of a Minister, except Deputy Minister, and the same definition will apply to all Vice presidents;

"Zanzibar" means the same as Tanzania Zanzibar.

(2) The following guidelines will apply for the purposes of interpreting the conditions of this Constitution, that is:-

(a) Whenever there is a mention of the Presidential Authority, let it be known that such responsibilities include the responsibilities of discharging various functions and duties and also the authority of discharging various functions and other such responsibilities or, as explained in this Constitution or in any other law, that such other responsibilities or that such authority are those of the President:

(b) Whenever there is a mention of responsible position in the service of the Government, let it, be known that the applicable responsibilities refer to service in the Government of the Union Republic, except when explained otherwise, let it be known that the applicable department is a department of the Union Republic, except when explained otherwise:

(c) Whenever in accordance with the conditions of this Constitution there is any matter which requires to be implemented or deliberated by a Party meeting, then, without jeopardising the conditions of this Constitution or any other law enacted by Parliament for that purpose, such matter will be implemented or deliberated in accordance with the conditions of the Constitution of the Party or by complying with all the guidelines laid down by the Party for that purpose;

(d) For the purpose of this Constitution, no one will be considered to be holding a position in the service of the Government of the Union Republic only because he is receiving retirement benefits or other such payments because of his previous service in the Government of the Union Republic or the previous Government of mainland Tanzania or Zanzibar;

(e) In this constitution, except when explained otherwise, whenever there is a mention of a person holding a particular position by stating the responsibilities of his position, let it be know that the person in question include anyone who is a Deputy or who was appointed legally to hold that particular position;

(f) In this Constitution, whenever there is a mention of authority to remove one from his responsibilities in the service of the Union Government, let it be know that the authority in question includes authority provided in accordance with the conditions of any law requiring that person or allowing that person to retire:

Except that the explanation of this guideline should not be understood to mean that it gives anyone the authority of wanting the appeal Judge, Judge of the High Court or the Chief Auditor to retire:

(g) In this Constitution, whenever there is a mention of law which changes or deletes another law, let it be understood that the law in question includes the other law, either without changes or after being changed or modified, or a law which sets new conditions for another law".

152.

(1) The full name of this Constitution is the Constitution of Tanzania, 1977.

(2) This Constitution shall come into force on 26 April 1977.

FIRST ADDENDUM - Union Matters

1.         The Constitution of Tanzania and Government of the Union Republic

2.         Foreign Affairs

3.         Defense and security

4.         Police.

5.         Authority on matters relating to state of emergency

6.         Citizenship

7.         Immigration.

8.         Loans and International business.

9.         Service in the Government of the Union Republic

10.       Income tax paid by individuals and companies; customs and sales tax for goods manufactured in Tanzania under the administration of the Department of Customs.

11.       Ports, air travel, posts and telephones

12.       All matters relating to coins and money for the purposes of all legal payments (including notes); banks (including savings banks) and all the activities of banks; foreign currency and the administration of all matters relating to foreign currency.

13.       Manufacturing licenses and statistics

14.       High education.

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[1] The 1985 Amendment refers to adding the phrase "that which jeopardises the impartiality of the judge" after the word 'bad' in the original text.

[2] [Ed. Note]: In the 1977 Constitution (source: Blaustein & Flanz (ed), Constitutions of the Countries of the World (Oceana Publications, New York, 1979), Chapter 5, Part 4, there are two paragraphs: paragraph 68 and 69, with the following breakdowns: 68(1), 68(2), 68(3) with sub-paragraphs (a) and (b), 68(4), 69(1), 69(2) and 69(3).In the 1985 Amendment, paragraphs 26 to 32 refer to: 1 - delete para 68 and replace it by para 116; then 2 - relabel paragraphs 68B to 117 and 118, and delete sub-para (1) of new para 118 with the new text; and 3 - relabel 68C to 68G as paragraphs 119 to 123.In here, the original paragraph: - paragraph 116 is the new text, - 68(1) is represented as paragraph 117, - 68(2) is represented as paragraph 118, - 68(3) is represented as paragraph 119, - 68(4) is represented as paragraph 120, but is replaced by the text referred to as new version for sub-para one for paragraph 118 in the 1985 Amendment, - 69(1) is represented as paragraph 121, - 69(2) is represented as paragraph 122, and - 69(3) is represented as paragraph 123. 

[3] [Translator's Note]: The first word of this sub-section is "KAMATA" which means "Committee." As there is no reference whatsoever to any sort of Committee in this sub-section, it can be assumed that the word "KAMATI" is another misprint. The word "MASHARITI" -- provisions, terms, conditions, might be appropriate.) (source: Blaustein & Flanz (ed), Constitutions of the Countries of the World (Oceana Publications, New York, 1979)