Propose Final Constitution

UNITED REPUBLIC OF TANZANIA
SPECIAL PARLIAMENT
FINAL DRAFT OF THE PROPOSED CONSTITUTION
OCTOBER, 2014
i
FINAL DRAFT OF THE PROPOSED CONSTITUTION

_________
CONTENTS
_________
PREAMBLE
CHAPTER ONE
THE UNITED REPUBLIC OF TANZANIA
Article
PART ONE
TITLE, BOUNDARIES, SYMBOLS, LANGUAGE AND
NATIONAL VALUES
1.
2.
3.
4.
5.
6.
The United Republic of Tanzania

Territory of the United Republic of Tanzania
Symbols and National Holidays
National Language and alternative communication
National Values
Principles of good governance
PART TWO
AUTHORITY OF THE PEOPLE, LOYALITY AND SAFEGUARD OF THE
CONSTITUTION
7.
8.
9.
10.
Authority of the citizen

The People and the Government
Authority and obedience of the Constitution
Safeguard of the Constitution
CHAPTER TWO
FUNDAMENTAL OBJECTIVES, DIRECTIVE
PRINCIPLES OF THE STATE AND NATIONAL POLICIES
PART ONE
FUNDAMENTAL GOALS
11.
Fundamental Goals
PART TWO
POLITICAL GOALS
12.
National political Goal

ii
PART THREE
ECONOMIC, SOCIAL AND CULTURAL GOALS
13.
14.
15.
National Economic Goal

National Social Goal
National Cultural Goal
PART FOUR
RESEARCH, DEVELOPMENT VISION, PLANS AND
IMPLEMENTATION OF NATIONAL GOALS
16.
17.
18.
19.
20.
21.
Research on Development
National Vision on Development
Planning Commission of the United Republic
Implementation of the National Goals
Commission for Science and Technology
Application of Conditions contained in Chapter Two
PART FIVE
FOREIGN POLICY
22.
Foreign Policy
CHAPTER THREE
LAND, NATURAL RESOURCES AND
ENVIRONMENT
23.
24.
25.
26.
27.
Land in the United Republic

Better use of land
Compensation
Natural resources
Environment
CHAPTER FOUR
ETHICS AND CODE OF CONDUCT FOR PUBLIC LEADERSHIP AND
PUBLIC SERVICE
PART ONE
CONDUCT OF PUBLIC LEADERSHIP AND PUBLIC
SERVICE
28.
29.
Responsibility of public leadership

Code of public leadership
PART TWO
ETHICS OF PUBLIC LEADERSHIP
30.
Obedience of public leadership ethics

iii
31.
Non-acceptability of some actions

CHAPTER FIVE
HUMAN RIGHTS, DUTY OF THE CITIZENS, SOCIETY AND THE
AUTHORITY OF THE STATE
PART ONE
HUMAN RIGHTS
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
Freedom, dignity and human equality

Right to life
Prohibition against discrimination
Right to be free from slavery
Right of an individual freedom
Right of privacy and personal security
Right to freedom of movement
Freedom of opinion
Freedom of information and of the mass media
Freedom of religious belief
Persons freedom of association and to associate with others
Freedom to participate in public affairs
Right to work
Rights of workers and employers
Rights of peasants, livestock keepers, fishermen and miners
Right to own property
Right of a suspect and a prisoner
Right of a person in custody or in detention
Freedom and right to clean and safe environment
Right of good health and clean and safe water
Right to education
Rights of a child
Rights and duty of the youth
Rights of the people with disability
Rights of minority groups in the society
Rights of women
Rights of the aged
Freedom of knowledge, creativity, innovation and artistry
PART TWO
DUTIES OF THE CITIZEN, COMMUNITY AND AUTHORITY OF THE
STATE AND LIMITATIONS OF HUMAN RIGHTS
(a) Duty of the Citizen and the Community to the Nation
60.
61.
Duty of the citizen and the community

Duty to participate in work
iv
62.
63.
Duty to safeguard public property

Fundamental rights and duties
(b) Duty of the State Authority
64.
65.
Protection of human rights

Supervision of human rights
(c) Limitations of Human Rights
66.
67.
Limitations of human rights

Law on rights, freedom and duty
CHAPTER SIX
CITIZENSHIP IN THE UNITED REPUBLIC
68.
69.
70.
71.
72.
Citizenship of the United Republic

Right to citizenship
Citizenship by birth
Citizenship by registration
Special status for people of Tanzania origin
CHAPTER SEVEN
STRUCTURE OF THE UNITED REPUBLIC
73.
74.
75.
76.
77.
78.
Structure of the Union

Execution of the functions of the State Authority
Authority of the Government of the United Republic
Authority of the Revolutionary Government of Zanzibar on non-union matters
Relationship between the Government of the United Republic and the
Revolutionary Government of Zanzibar
Obligation of senior leaders to safeguard the Union
CHAPTER EIGHT
GOVERNMENT OF THE UNITED REPUBLIC
PART ONE
THE GOVERNMENT, PRESIDENT AND VICE
PRESIDENT
(a) The Government
79.
Government of the United Republic

(b) The President
80.
The President of the Unite Republic

v
81.
82.
83.
84.
85.
86.
Powers and responsibilities of the President

Execution of powers of the President
President to take advice
President to be unable to discharge the functions of his office
Procedure to fill the position of a President before the President completes his/her
tenure of office
Discharge of the functions of the President where the President is absent
(c) Election of the President
87.
88.
89.
90.
91.
92.
Election of the President

Qualification for election of the President
Procedures for the election of the President
Complains on the legality of the Presidential election
The Oath of the President and the tenure of office
The right to be reelected
(d) Specific conditions in relation to the powers of the President
93.
94.
95.
96.
97.
98.
Power to declare war

Power of the President to declare state of emergency
Power of President on Prerogative of mercy
Immunity from criminal and civil proceedings
Impeachment by the National Assembly
Benefits of the President
(e) The Vice-president
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
The Vice-President of the United Republic

Nomination of the First Vice-President
Responsibilities of the First Vice-President
Tenure of office the First Vice-President
National Assembly to impeach the First Vice-President
The First Vice-President to be unable to discharge the functions of his office
Nomination of the First Vice-President when the position falls vacant
Oath of the First Vice-President
The Second Vice-President
The Third Vice-President
Benefits of the Vice-Presidents
PART TWO
THE PRIME MINISTER AND THE CABINET OF THE GOVERNMENT OF
THE UNITED REPUBLIC
(a) The Prime Minister
110.
111.
The Prime Minister of the United Republic

Functions and Authority of the Prime Minister
vi
112.
113.
Accountability of the Government

Vote of no confidence against the Prime Minister
(b) The cabinet
114.
115.
116.
117.
118.
119.
The Cabinet
Appointment of Ministers and Deputy Ministers
Qualifications for appointment of Minister and Deputy Minister
Oath, tenure of office and terms of office for Minister and Deputy
Minister
(c) Attorney General of the Government of the
United Republic
Attorney General of the Government of the United Republic
Deputy Attorney General
(d) Director of Public Prosecution
120.
Director of Public Prosecution

(e) Chief Secreatary
121.
Chief Secretary
(f) Implementation of the Functions of the Cabinet
122.
Cabinet Secretariat
(g) Regional Commissioners
123.
Regional Commissioners
PART THREE
PUBLIC AUTHORITY
124.
125.
126.
Local governments
Local Government Authorities
Leadership in the Local Governments
CHAPTER NINE
RELATIONSHIP AND COORDINATION OF THE UNION MATTERS
127.
128.
Union Matters Supervisory and Coordination Commission

Responsibilities of the Union Matters Commission
vii
CHAPTER TEN
LEGISLATURE OF THE UNITED
REPUBLIC
PART ONE
STRUCTURE AND AUTHORITY OF
THE PARLIAMENT
129.
130.
131.
132.
133.
134.
135.
136.
137.
138.
Parliament
Life of the Parliament
Authority of Parliament
Limitations of Parliament in the exercise of its powers
Authority to enact Laws
Procedure for changing the Constitution
Procedure for enacting law
Procedure for enacting laws related to financial matters
Authority of the President in relation to a bill of law
Approval of the Government Budget
PART TWO
MEMBERS OF
PARLIAMENT
139.
140.
141.
142.
143.
144.
145.
Election of Members of Parliament

Qualifications for Members of Parliament
Procedure of parliamentary election
Oath and terms of service for a Member of Parliament
Loosing qualifications of being a Member of Parliament
Decision on the issue if one is a Member of Parliament
Formal declaration by Member of Parliament on assets and
liabilities
PART THREE
LEADERSHIP OF THE
PARLIAMENT
The Speaker and his authority
Limitation of the authority of the Speaker and Deputy Speaker
Deputy Speaker
Qualifications for election of a person capable to become
Speaker or deputy Speaker
Procedure for election and the oath of Speaker and Deputy
Speaker
Clerk of the National Assembly
Secretariat of the National Assembly
PART FOUR
LEGISLATIVE PROCUDURE
Standing Orders of the National Assembly
President to address Parliament
Meetings of the National Assembly
Presiding at sittings of the National Assembly
146.
147.
148.
149.
150.
151.
152.
153.
154.
155.
156.
viii
157.
158.
Quorum at sitting of the National Assembly

Committees of the National Assembly
PART FIVE
POWERS AND PRIVILEGES OF PARLIAMENT
159.
Freedom of debate in Parliament

PART SIX
PARLIAMENTARY SERVICE COMMISSION AND
PARLIAMENTARY FUND
(a) Parliamentary Service Commission
160.
161.
Parliamentary Service Commission

Responsibilities of the Parliamentary service Commission
(b) Parliamentary Fund
162.
Parliamentary Fund
CHAPTER ELEVEN
REVOLUTIONARY GOVERNMENT OF ZANZIBAR, ZANZIBAR
REVOLUTIONARY COUNCIL AND ZANZIBAR HOUSE OF
REPRESENTATIVES
PART ONE
(a) Revolutionary Government of Zanzibar
163.
Revolutionary Government of Zanzibar and its authority

(b) President of Zanzibar
164.
President of Zanzibar and his authority

(c) Zanzibar Revolutionary Council
165.
Zanzibar Revolutionary Council and its functions

PART TWO
ZANZIBAR HOUSE OF REPRESENTATIVES
166.
Zanzibar House of Representatives.
ix
CHAPTER TWELVE
JUDICIARY OF THE UNITED REPUBLIC
PART ONE
PRINCIPLES OF DISPENSATION OF JUSTICE AND INDEPENDENCE
OF THE JUDICIARY
167.
168.
169.
Formation of the Court of the United Republic

Principles of dispensing justice
Independence of the Judiciary
PART TWO
STRUCTURE OF THE JUDICIARY
(a) Court of the United Republic
170.
Structure of the Judiciary

(b) The High Court of the United Republic
171.
172.
173.
174.
The Haigh Court

Quorum of the sitting of the High Court
Jurisdiction of the High Court
Jurisdiction of the High Court Judge
(c) Appointment of the High Court Judge
175.
176.
177.
178.
179.
180.
181.
Appointment of Chief Justice

Appointment of Deputy Chief Justice
Appointment of High Court Judge
Oath of service of High Court Judge
Tenure of office of High Court Judge
Procedure of assuming acting position in the High Court
Procedure relating to discipline of the Judge of the High Court
(d) The Court of Appeal of the United Republic
182.
183.
184.
185.
The Court of Appeal

Quorum of the sitting of the Court of Appeal
Jurisdiction of the Court of Appeal
Jurisdiction of the Justice of Appeal
(e) Appointment of the Justice of Appeal
186.
187.
188.
Appointment of the Chairman of the Court of Appeal

Appointment of the Vice-Chairman of the Court of Appeal
Appointment of Justice of Appeal
x
189.
190.
191.
192.
Oath of Service of Justice of Appeal

Tenure of office of the Chairman, Vice-Chairman and the Justice of Appeal
Procedure of assuming acting position of a Chairman of the Court of Appeal
Procedure relating to discipline of justice of Appeal
(f) The High Court of the United Republic
193.
194.
195.
196.
197.
The High Court of the United Republic and its jurisdiction

Appointment of the High Court Judge
Tenure of office of the High Court Judge
Procedure relating to discipline of the judge of the High Court
Oath of service of the Judge of the High Court of the United Republic
(g) High Court of Zanzibar
198.
199.
The High Court of Zanzibar

Jurisdiction of the High Court of Zanzibar
(h) Management of the Functions of the Court
200.
201.
202.
203.
Registrar of the Court

Responsibilities of the Registrar of the Court
Chief Executive Officer of the Court
Responsibilities of the Chief Executive Officer of the Court
PART THREE
JUDICIAL SERVICE COMMISSION AND JUDICIARY FUND
(a) Judicial Service Commission
204.
205.
206.
Judicial Service Commission

Responsibilities of the Judicial Service Commission
Membership in political parties
(b) Judiciary Fund
207.
Judiciary Fund
CHAPTER THIRTEEN
CIVIL SERVICE IN THE UNITED REPUBLIC
208.
209.
210.
211.
Basic principles for public service

Employment and appointment of a leader and a civil servant in the Union institutions
Public Service Commission
Secretary of the Public Service Commission
xi
212.
213.
214.
Powers and responsibilities of the Public Service Commission

Salaries Commission
Sectorial commissions
CHAPTER FOURTEEN
ELECTION IN REPRESANTATIVE ORGANS AND POLITICAL
PARTIES
PART ONE
REPRESENTATION OF THE PEOPLE
215.
216.
Participation in the election and referendum

Independent candidate
PART TWO
INDEPENDENT ELECTORA
COMMISSION
(a) Independent Electoral Commission
217.
218.
219.
220.
221.
Formation of Independent Electoral Commission

Nomination Committee
Tenure of office for commissioner of Independent Electoral Commission
Obligation of the Independent Electoral Commission
Complains related to election
(b) Director of Elections
222.
223.
Appointment of Director of Elections

Responsibilities of the Director of Elections
PART THREE
REGISTRATION AND SUPERVISION OF POLITICAL
PARTIES
(a)Political Parties
224.
Registration of political parties

(b) Registrar of Political Parties
225.
226.
227.
Appointment of Registrar of Political Parties

Deputy Registrar of Political Parties
Obligation of the Registrar and Deputy Registrar of political Parties
xii
CHAPTER FIFTEEN
ACCOUNTABILITY INSTITUTIONS
PART ONE
PUBLIC LEADERS ETHICS COMMISSION
228.
229.
230.
231.
232.
233.
234.
Public Leaders Ethics Commission

Appointment and qualifications of the Commissioner
Responsibilities of the Commission
Tenure of office of Member of the Commission
Independence of the Commission
Empowerment by equipment and resources
PART TWO
COMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNANCE
235.
236.
237.
238.
239.
240.
241.
242.
Commission for Human Rights and Good Governance

Qualifications of the Chairman, Vice-Chairman and Commissioner of the Commision
Functions and responsibilities of the Commission
Tenure of office of the Chairman, Vice-Chairman and Commissioner of the Commission
Removal from office of the Chairman, Vice-Chairman or Commissioner of the
Commission
Independence of the Commission
PART THREE
CONTROLLER AND AUDITOR-GENERAL OF THE UNITED REPUBLIC
243.
244.
245.
246.
247.
248.
249.
Appointment of Controller and Auditor-General of the United Republic

Qualifications of the Controller and Auditor-General of the United Republic
Functions and responsibilities of the Controller and Auditor-General of the United
Republic
Tenure of office of the Controller and Auditor-General of the United Republic
Removal from office of the Controller and Auditor-General of the United Republic
PART FOUR
AN ORGAN TO PREVENT AND COMBAT CORRUPTION
Control of corruption
xiii
CHAPTER SIXTEEN
PROVISIONS REGARDING THE FINANCES OF THE UNITED
REPUBLIC
(a) Consolidated Fund and the Finances of the Untied Republic
250.
251.
252.
253.
254.
255.
256.
257.
258.
Principles for the utilization of public funds

Joint Account
Joint Financial Commission
Consolidated Fund of the Treasury
Conditions for withdrawal of moneys for expenditure from the Consolidated Fund
Procedure for authorization of expenditure out of Consolidated Fund
Procedure for authorization of expenditure in advance of appropriation
Contingencies Fund
Remunerations of certain holders of public offices to be a charge on Consolidated
Fund
(b) Public Debt and Loans of the United Republic
259.
260.
261.
262.
263.
264.
Public Debt
Authority of the Government of the United Republic to borrow
Authority of the Revolutionary Government of Zanzibar to borrow
Authority to charge tax
Public procurement
Central Bank of the United Republic
CHAPTER SEVENTEEN
DEFENSE AND SECURITY IN THE UNITED REPUBLIC
(a) Defense and National Security
265.
266.
267.
268.
National Security
Defense and National Security Institutions
National Security Council
Responsibilities of the National Security Council
(b) Tanzania Peoples Defense Force
269.
270.
271.
Formation of the Tanzania Peoples Defense Force

Appointment of Chief of Defense Forces
Powers of Commander-in-Chief
(c) Police of the United Republic
272.
273.
Tanzania Police Force

Appointment of Inspector General of Police
xiv
274.
Formation of other defense services

(d) National Security Department of the United Republic
275.
276.
Formation of the National Security Department

Appointment of Director General of the National Security Department
CHAPTER EIGHTEEN
MISCELLANIOUS
277.
278.
279.
280.
281.
Procedure for resignation from public service

Provisions relating to procedure of succession to office
interpretation
Title of the Constitution, commencement and application of this Constitution
Repeal of the Constitution of the United Republic of 1977
CHAPTER NINETEEN
PROVISIONS RELATED TO THE TRANSITIONAL
PROVISIONS
PART ONE
RELATED PROVISIONS
282.
Application of some of the provisions of this Constitution

PART TWO
PROVISIONS IN ACCORDANCE WITH THE
CONSTITUTION AND LAWS OF THE COUNTRY
283.
284.
Continuation of the use of provisions of the Constitution

Continuation of the use of the laws of the country
PART THREE
PUBLIC SERVICE
The Government of the United Republic
285.
286.
287.
288.
289.
290.
The President to remain in office

The Vice-President to remain in office
The Prime Minister, Ministers and Deputy Ministers to remain in office
Continuation of the public service
PART FOUR
PARLIAMENT OF THE UNITED REPUBLIC
To continue to be a Member of Parliament and the Leadership of the
Parliament
Dissolution of Parliament
xv
PART FIVE
291.
292.
Continuation of the Court of Appeal and the High Court

Continuation of the proceedings in court
PART SIX
TRANSITIONAL PROVISIONS
293.
294.
295.
296.
Period of Transition
Application of provisions of the New Constitution
Committee for the Application of the Constitution
Repeal of Provisions related to Transitional Provisions
________
SCHEDULES
________
xvi
PREAMBLE
WHEREAS WE, The people of the United Republic of Tanzania have firmly and
solemnly resolved to build in our country a society founded on the principles of dignity and
fraternity, freedom, self reliance, justice, equality, peace and stability, unity and solidarity in all
spheres of our lives;
AND WHEREAS, we believe that those principles can only be realized in a democratic
society with principles of good governance in which the executive is accountable to a Legislature
composed of the elected members who represent the people, and a judiciary which is
independent and adheres to the principles of dispensing justice and thereby ensuring that human
rights are preserved and protected and that the freedom and duties of every person are faithfully
discharged;
AND WHEREAS, we recognize the need to preserve the property of the State
Authorities and collective property, to combat all forms of damage and misappropriation, and
encourage proper and sustainable use of our joint resources and natural resources and to protect
and preserve our environment for the benefit of the present and future generations;
AND WHEREAS, we recognize the needs and benefits of building, develop and
promoting peace, unity, good neighborliness and cooperation with different African nations and
the world in general;
AND WHEREAS, the intention to build a united Africa is reflected by the Union of the
former Republic of Tanganyika and the Peoples Republic of Zanzibar;
AND CONSIDERING, the heritage left to us by founders of our Nation of building a
country of a united people who dont discriminate each other on the basis of race, religion,
colour, gender, disability or any other type of discrimination;
AND WHEREAS, it is important to safeguard, to strengthen and to sustain the Union, to
build a free and self-reliant Nation, to strengthen and promote the principles of good governance
and leaders ethics, to build unity and solidarity that can accomplish National goals, to build and
promote the growth of the peoples authority, obedience to the authority of the constitution and to
strengthen and sustain patriotism for the Nation among Tanzanians;
AND CONSIDERING, an experience of more than Fifty Years of the Union and the
importance of the peoples participation in writing the Constitution of the United Republic of
Tanzania;
NOW THEREFORE, THIS CONSTITUTION OF THE UNITED REPUBLIC OF
TANZANIA, PROPOSED BY SPECIAL CONSTITUENT ASSEMBLY, has been written by
US THE PEOPLE OF THE UNITED REPUBLIC OF TANZANIA through a
REFERENDUM for the purpose of building such a society, and ensuring that the United
Republic of Tanzania is governed by the Government that adheres to the principles of
democracy, the rule of law, self-reliance and shall be a secular state.
xvii
CHAPTER ONE
THE UNITED REPUBLIC OF TANZANIA
PART ONE
NAME, BOUNDARIES, SYMBOLS, LANGUAGE AND NATIONAL
VALUES
The United
Republic of
Tanzania
The territory of the

United Republic of
Tanzania
Symbols and
National Holidays
1.-(1) the United Republic of Tanzania is a sovereign state which resulted

from the Union of two countries of the Republic of Tanganyika and the Peoples
Republic of Zanzibar which before the signing of the instruments of the Union
on 22 April, 1964 both were independent states.
(2) The United Republic of Tanzania is a democratic state which
adheres to multi-party system, rule of law, that respect the principles of human
rights, secular and self- reliant.
(3) The instruments of the Union referred to in sub-article (1) is the
basic foundation of the United Republic of Tanzania, and this Constitution, as it
may be amended is the continuation of the articles of the Union.
2.-(1) The territory of the United Republic of Tanzania consist of:
(a) the whole of the area of Mainland Tanzania, including its territorial
waters which before the Union was called the Republic of
Tanganyika including other areas that may expand; and
(b) the whole area of Zanzibar, including its territorial waters which
before the Union was called the Peoples Republic of Zanzibar
including other areas that may expand.
(2) The President of the United Republic shall have the power to divide
the United Republic in to regions, districts and other areas:
Except in the case of Tanzania Zanzibar, the President will consult the
President of Zanzibar before dividing Tanzania Zanzibar into regions, districts or
other areas.
(3) For the purpose of sub-article (1), The Parliament shall enact a law
that will identify and specify boundaries of the territiry of the United Republic.
3.-(1) The National Symbols shall be:
(a) The National Flag;
(b) The National Anthem; and
(c) The Coat of Arms,
as indicated in the laws of the country.
(2) National Holidays shall be:
(a) Tanganyika independence day, that shall be celebrated on
9th. December;
(b) Zanzibar Revolution Day, that shall be celebrated on 12th.
January;
(c) Day of the Union between Tanganyika and Zanzibar, that shall be
celebrated on 26th. April; and
(d) Other holidays as it may be stipulated by the laws of the country.
1
(3) Every National Holiday shall not be a working day.

National
Language and
alternative
communication
4.-(1) The National Language of the United Republic is Kiswahili and

shall be used as a official national and government language of communication.
(2) Without prejudice to the provision of Sub-Article (1), English
language or any other international language may be used as an official
government language of communication when the need arise.
(3) In accordance with this Article, sign language for deaf and brail for
blind deaf shall be official languages of communication.
(4) The Government will create conducive environment that will
provide an opportunity for having an alternative language of communication
including sign language, brail and enlarged letters at important public places and
the mass media covering national news for people with disability.
National
Values
5. The United Republic of Tanzania shall cherish and observe the

following National Values:
(a) Kiswahili language;
(b) the Union;
(c) dignity and fraternity; and
(d) peace and stability.
Principles of good
governance
Authority of
6.-(1) In the implementation of the authority or any functions in

accordance with this Constitution or the laws of the country, principles of good
governance in this Article must be observed and should be followed by
Government institutions, Government officer or any person entrusted with the
responsibility to:
(a) use or to interpret this Constitution;
(b) enact, use or to interpret any law; and
(c) make or to implement decision related to the national policies.
(2) Principles of good governance in the United Republic shall include:
(a) integrity;
(b) democracy;
(c) accountability;
(d) rule of law;
(e) people involvement;
(f) human rights;
(g) gender equality;
(h) national unity;
(i) transparency; and
(j) patriotism.
PART TWO
AUTHORITY OF THE PEOPLE, LOYALITY AND SAFEGUARD
OF THE CONSTITUTION
7.-(1) The people are the basis of all the authority, and
2
therefore:
People
The People and

the Government
Supremecy and
obedience of
the Constitution
(a) The Government authority will derive its power and authority from
the people who collectively and united own and provide legitimacy
to this constitution;
(b) The fundamental objective of the Government shall be the
development and welfare of the people;
(c) The Government shall be accountable to the people; and
(d) The people shall participate in the affairs of the Government in
accordance with the provisions stipulated in this Constitution.
(2) In accordance with this Article, the Government of the United
Republic and the Revolutionary Government of Zanzibar shall derive their
power and authority from the people through democratic election that will
conducted and supervised by organs that will be empowered by this Constitution
and the Zanzibar Constitution, as the case may be.
8.-(1) the Government and its organs, in conducting and implementation
of its activities, shall observe the desire to promote National unity and maintain
National integrity.
(2) For the purpose of the provisions of Sub-article (1), the government
and its organs are required to focus their policies, laws and all its activities
towards ensuring that:
(a) dignity, respect and human rights are protected, valued and preserved
taking into account culture and customs of Tanzanians and
international treaties ratified by the United Republic;
(b) laws of the country are administered and implemented;
(c) wealth of the Nation is developed, preserved and utilized for the
benefit of all the people and to stop any form of exploitation;
(d) land being the major asset and mainstay of the Nation, is protected,
maintained and is utilized for the benefit, interest and the welfare of
the present and future generations;
(e) national economic development is planned and developed
proportionally in a way that will benefit all the people;
(f) every person capable of working should work and work means any
legal activity that generates income for someone;
(g) there are equal opportunities and rights for all the people male and
female, regardless of their colour, race, origin, disability, ideology,
religion or social status;
(h) all sorts of injustice, threats, discrimination, harassment, humiliation,
abuse, bribe, or favouratism are eliminated in the country;
(i) richness of resources and natural resources of the Nation is geared
towards bringing about development, eliminate poverty, ignorance
and diseases; and
(j) the country is governed by adhering to the democratic principles,
rule of law and self-reliance.
9.-(1) This Constitution is the supreme law of the United Republic in
accordance with the provision contained in this Constitution.
(2) For the purpose of Sub-article (1), where the provisions of any law
3
enacted by legislative organ shall defer with the provision of this Constitution,
the provisions of such law shall be null and void and shall be annulled where it
differs with the provisions of this Constitution.
(3) Any person, organ or government institution, organization any
agency and private authorities are obliged to observe and obey the provisions of
this constitution and laws of the country.
(4) Any law, culture, custom or any decision of the state organ or
official of the Government must observe and comply with the provisions
contained in this Constitution and that law, culture, custom or any decision that
will not comply with the provisions of this Constitution shall be null and void.
(5) The Government will institute a mechanism that will enable the
people to understand, safeguard and obey this Constitution.
Safeguard of
Sovereignty and of
the Constitution
10.-(1) A person or a group of people shall not take or hold state power if
not in accordance with this Constitution.
(2) Any act that violates the provisions of Su-article (1) is null and void
and is an act of treason as it might be stated in the laws of the country.
CHAPTER TWO
FUNDAMENTAL OBJECTIVES, DIRECTIVE
PRINCIPLES OF THE STATE POLICY AND
NATIONAL POLICIES
PART ONE
FUNDAMENTAL GOALS
Fundamental
Goals
11.-(1) The fundamental goal of this Constitution is to safeguard, to

strengthen and to sustain justice, equality, fraternity, peace, unity and the
tranquility of the people of the United Republic by considering the welfare of
the people and build a free nation which is democratic, observing good
governance, sustainable development and self-reliance.
(2) Without prejudice to the provision of Sub-article (1), that
fundamental goal shall be developed and strengthened in all major spheres,
including political, economic, social and cultural spheres.
(3) The Parliament shall enact a law that will elaborate on the
implementation of the fundamental goals in accordance with this Constitution.
PART TWO
POLITICAL GOALS
National
Political Goal
12.-(1) The political goal of this Constitution is to sustain democracy and

to eliminate all forms of discrimination.
(2) To ensure the implementation of the that goal, the Government will
undertake appropriate measures so as:
(a) to ensure that it prevents and eliminates injustice, intimidation,
discrimination, abuse, corruption, humiliation and favouratism among
the people on the basis of the origin of a person, place of his origin,
4
National
Economic
Goals
linage, race, gender, religion or faith;

(b) to ensure the existence of peace and stability and to build the culture
of honouring, respect and sustain petriotism, peace, unity, tranquility,
cooperation and political tolerance for the purpose of enhancing
social and economic development; and
(c) to ensure the existence of peace and the welfare of the people and
their property.
PART THREE
ECONOMIC, SOCIAL AND CULTURAL GOALS
13.-(1) The economic goal of this Constitution is to build modern
economy that will enable the people and the Nation to be self reliant through the
use of science and technology in all spheres of production by encouraging
agricultural revolution, livestock keeping and fishing, industrial revolution and
build an important energy sector, communication and infrastructure.
(2) To ensure the implementation of that goal; the government shall
undertake the following measures:
(a) to prepare a strategic plan for the provision of political education
with emphasis on creativity, science and technology from primary
level, secondary, technical and vocational to university level and in
the economic activities and National development in general;
(b) to strengthen and build the capacity of cooperatives so that they
become strong vehicles for spreading knowledge, tactics and modern
farming implements, livestock keeping and fishing so as to increase
productivity, to provide loans, to look for and secure markets for
their products;
(c) to prepare plans for the construction of heavy industry, medium size
industries and small industries that will process agricultural
products, livestock products, fishery products and minerals so as to
add their value for local and foreign markets;
(d) to ensure that peasants, livestock keepers and fishermen possess
land and equipment for the purpose of promoting their activities and
creating favourable environment for motivating the private sector in
the economy, managing and setting prices of products and inputs
propotionally;
(e) to provide favourable trading environment and to enhance
investment opportunities;
(f) to encourage joint investments between citizens and non-citizens in
the economic infrastructures, reaping of National resources and
natural resources;
(g) to ensure that functions of the Government are implemented in a
way that will ensure that the wealth of the Nation is utilized for the
benefit of all the people and to create favourable environment that
will create proportional development and enable the people to get rid
of poverty; to set up procedures for the supervision of public
services
5
National
Social Goal
National
Cultural Goal
economically and socially so as to provide for fair competition and

the quality of the standards of the service provided so as to protect
the people.
14.-(1) The goal of this constitution socially is to build a society that has
prospered with the ability to participate in development activities in different
spheres.
(2) In implementing that goal the government will take appropriate
measures :
(a) to ensure that human respect is defended and sustained in
accordance with the tradition and custom and the Universal
Declaration of Human Rights and other international conventions
ratified by the United Republic;
(b) to ensure that the Government and all its public organs provide equal
chance and opportunities to all the citizens, without discrimination;
(c) to ensure that assistance and social security is provided to the poor,
the aged, children and people with disability;
(d) to assist in the availability and provision of legal aid for people who
can not afford to pay lawyers;
(e) to institute an appropriate mechanism for the successful
implementation of the right of a person for education and be free to
obtain equal opportunity to seek education in the field of his choice
up to any lavel according to his ability;
(f) to ensure the availability of better health services for all the people
including safe child birth services;
(g) to create an environment that will enable artists to utilize the
available opportunities and their talents to bring about economic
development and social change; and
(h) to provide appropriate mechanism and environment for the purpose
of promoting and developing sports in the country.
15.-(1) The goal of this constitution culturally is to develop, to sustain
and to preserve Kiswahili language, natural heritage and culture of the people.
(2) To ensure the implementation of this goal, the Government will take
appropriate measures so as:
(a) to protect and promote Kiswahili language;
(b) to protect and preserve the natural heritage, artifacts, and important
historical sites in order to avoid vandalism, theft or being smuggled
out of the country;
(c) to protect, preserve and promote cultures of people of different
communities; and
(d) to build the culture of cooperation, understanding, tolerance and
respect for culture, customs and religious faith of every person.
CHAPTER FOUR
RESEARCH, DEVELOPMENT VISION, PLANS AND
IMPLEMENTATION OF NATIONAL GOALS
Research
on
Developm
ent
16. In setting National plans, the Government will give priority to

research on development so as to obtain information that will lead to the
attainment of economic development in the country.
National Vision
on Development
17.-(1) There shall be a National Vision for Development covering

different spheres and taking into account the right and duty of every citizen to
development.
(2) In the implementation of the provisions of Sub-article (1), the State
Authorities will set up plans for the implementation of the National Vision on
Development.
18.-(1) There shall be the Planning Commission of the United Republic
to be called Planning Commission which will be the supreme body for
planning and supervision of the implementation of National economic and social
development.
(2) Parliament will enact a law for the implementation of the provisions
of this Article.
19.-(1) National Goals specified in this Constitution shall be the
guideline for the Government of the United Republic and for the people while
using or interpreting the provisions of this Constitution or any other law or in the
implementation of policy decisions for the purpose of building a better society,
free and serious.
(2) The Government of the United Republic will once a year present in
parliament a report on the measures taken in the implementation of the National
goals.
20.-(1) There shall be a Commission for Science and Technology which
will be a supervisory, coordination, research and advisory body on all issues
related to science and technology in the country.
(2) Structure, responsibilities and the authority of the Commission for
Science and Technology shall be as stipulate in act to be passed by Parliament.
21.-(1) Without prejudice to Sub-article (2), The state authority and all its
organs, people or any authority representing the state, enact laws or dispensation
of justice, shall have the duty and responsibility of observing and implementing
all provisions of this Chapter.
(2) The provisions of this chapter shall not be vested with legal powers
by any court. Any court in the country shall have no powers to decide on the
issue of to do or not to do something to someone or any court, or if a law or any
ruling is related to the provisions of this Chapter.
Planning
Commission of
the United
Republic
Implementation
of the National
Goals
Commission for
Science and
Technology
Use of
provisions of
Chapter Two
PART FIVE
FOREIGN POLICY
Foregn Policy
22.-(1) The Foreign Policy of the United Republic is focusing on and

takes into account the National interest and National sovereignty and shall be
pursued in transparency so as:
(a) to promote good neighborliness, regional and international
cooperation;
(b) to promote development and economic cooperation that is productive
to the Nation and its people;
(c) to support and promote the efforts to develop African Unity, nonalignment and to develop cooperation with the developing countries
in the world;
(d) to respect international laws;
(e) to adhere to international and regional agreements that are beneficial
to the United Republic and resolve international conflicts through
dialogue, reconciliation, understanding or the courts;
(f) to promote observance of human rights and the freedom of the
people;
(g) to combat international crime; and
(h) to respect the freedom of other nations.
(2) The Parliament will enact a law which among other things, will direct
and supervise the implementation the Foreign Policy.
Land in the United

Republic
CHAPTER THREE
LAND, NATURAL RESOURCES AND ENVIRONMENT
23.-(1) Land in the United Republic is the major asset for economic and
social development and for the welfare of the country and all its people. The
Government of the United Republic and the Revolutionary Government of
Zanzibar will institute better plans for sustainable use of land for the benefit of
the present and future generations.
(2) All the land shall be owned, used and supervised as may be stipulated
by laws enacted by Parliament or the House of Representatives, as the case may
be, by observing the following principles:
(a) only the citizen of Tanzania shall have the right to own land of
Tanzania, and that right shall be protected in accordance with this
Constitution;
(b) a person who is not a citizen of Tanzania shal have the opportunity
to utilize the land for the purpose of investing and other economic
development activities and residential purpose;
(c) the right to own, use, develop and preserve land for any person or
community groups farmers, fishermen, livestock keepers, miners and
small groups shall be recognised
8
and shall be protected in accordance with this Constitution; and

(d) every woman shall have the right to receive, own, use, develop and
supervise land under the same provision as those of a man.
Better use of the
land
24. Parliament or the House of Representatives, as the case may be, shall
enact a law with provisions related to division and better use of land for different
groups in the community.
Com
pens
ation
25. Without prejudice to Article 47(2), The Government shall develop a

legal mechanism for payment of compensation in the event that an area or a
portion of land shall be taken for economic and social development purposes.
Natural
resource
s
26. All natural resources of the Nation including minerals, gas and oil are
public property, and the Government of the United Republic or the
Revolutionary Government of Zanzibar shall institute a mechanism to ensure
that they are utilize for the benefit of the present and future generations.
Environment
27. The Government shall formulate specific plans and strategies for the purpose
of :
(a) ensuring sustainable use, supervision and preservation of
environment and natural resources, for the benefit of the present and
future generations
(b) to protect and preserve historical and ancient sites for the benefit of
all the people;
(c) to ensure that public institutions and civil societies are accountable
in supervising the implementation of legal obligations in preserving
the environment; and
(d) to ensure that the people of Tanzania are the rightful owners of
Tanzanias genetic resources for the benefit of the Nation.
CHAPTER FOUR
ETHICS AND CODE OF CONDUCT FOR PUBLIC LEADERSHIP AND
PUBLIC SERVICE
PART ONE
CONDUCT OF LEADERSHIP AND PUBLIC SERVICE
Responsibilit
y of public
leadership
28.-(1) power bestowed on a public leader:

(a) ia a trust and he shall use that powerv to fulfil his responsibilities by:
(i) observing the provisions of this Constitution;
(ii) respecting the people;
(iii) in a manner that promotes the integrity of tha Nation and protect
the credibility of the office he is serving; and
(iv) boost the respect of the office to the people;
(b) oblige a leader to serve the people.
9
(2) A person with the responsibility of a public leader shall observe the
following:
(a) while making nomination he will ensure that he is nominating
without discrimination and according to ability, qualifications and
proper behavior;
(b) while making any decision on any public matter he will ensure that
his decision is not based on kinship, race, religion, bribe or any form
of discrimination;
(c) provision of service without favour and for the interest of the people
by showing:
(i) transparency, truth and honesty in the execution of public
service; and
(ii) obligation to declare personal interest to avoid conflict of
interest;
(d) accountability to the people in decision making and other actions;
and
Code of public
leadership
(e) integrity, discipline and hard work in providing service to the people.
29.-(1) A public leader, whether on official work or personal functions or
while in association with other people will ensure that his behavior;
(a) does not permit the emergence of conflict of interest betwee his
personal interest and the interest of the public service;
(b) does not lower the integrity of the office he is working for; or
(c) does not permit the use of public office for personal benefit.
(2) For the purpose of this constitution the Parliament will anct a law
that will provide for, including other things:
(a) interpretation of the word present, type, value, level and the
preservation of the present which a leader receives while executing
his responsibilities;
(b) a provision for a public leader to open a foreign account;
(c) a provision requiring a public leader to make a declaration of his
property, its value, his debts including those of his legal spouse and
his children who are below eighteen years;
(d) a provision forbidding a public leader to participate in decision
making on any thing or any activity of his personal interest, the
interest of his legal spouse, his child his relative or his friend or any
close associate;
(e) a provision on the use of public property;
(f) procedure for confiscating the property of a leader acquired by violating the law;
(g) the procedure of holding a public leader accountable for violating ethics and code of
conduct of a public leader; and
(h) what is not required of a public servant.
(3) The post of a public leader as used in
this Part shall include an elected or be st
Obedience of Code of Conduct of public leadership
(4) The State

Authority
shall devise a
mechanism
for including
Constitution,
ethics and
civics in the
curriculum
for schools
and colleges.
Prohibition of
some actions
TWO
CODE OF CONDUCT FOR PUBLIC LEADERSHIP
30.-(1)Without prejudice to the provisions of this Constitution, a public
leader shall respect and obey code of conduct for public leaders and ethics of
public leadership.
(2) Parliament shall anect a law stipulating :
(a) the conduct the needs to be observed by by public leaders;
(b) procedure for removing from office a public leader as a result of
violating the code of conduct and violating public leadership ethics;
(c)
thing that a public leader is not required to do; and
PART
(d) level or list of public leaders effected by this Part.
31.-(1) A public servant who is on a permanent employment shall not be
allowed to undertake any other salaried permanent employment.
(2) A public servant is not allowed to contest or to be nominated to hold
a responsible position in a political party or a responsible political position of
any kind under this Constitution.
(3) Where a public servant bounded by the provisions of Article 30(2)
(d) will decide to contest or nominted to hold:
(a) a responsible political position of any type under this Constitution; or
(b) leadership of any level in a political party,
It will be assumed that the employment of such a person has ceased since the
day of his nomination as a candidate or appointmet to hold a responsible
political position or leadership in a political party.
CHAPTER FIVE
HUMAN RIGHTS, DUTIES OF THE CITIZEN, COMMUNITY AND THE
AUTHORITY OF THE STATE
Freedom
dignity and
human equality
PART ONE
HUMAN RIGHTS
32.-(1) All human beings a born free and are all equal.
(2) Every person is entitled to respect, recognition and regard for his
dignity.
33. Every one has the right to life and to the protection of his life by the
State and the society in accordance with the law.
Right to life
Prohibition
against
discriminatio
34.-(1) All the persons are equal and are entitled to protection and equal
rights before tha law.
(2) No person shall be discriminated against by any person , state
authority
11
or any authority acting under any law or in the discharge of any function of the
state authority.
(3) No law enacted by any authority in the United Republic shall make
any provision that is discriminatory either openly or in its effect.
The civil
rights,
duties and by
interests
of every
shall be(4)protected
the court
andperson
other and
statecommunity
agencies
established
under
theand
law. determined
(5) or the purpose of this Article, the expression discrimination
means to satisfy the needs, rights or other requirements of
different persons on the basis of their nationality, tribe, place of
origin, their political opinion, colour, religion, sex, disability or
state in life such that certain categories of people are regarded as
weak or inferior and are subjected to restrictions or conditions
whereas persons of other categories are treated differently or are
accorded opportunities or advantages outside the specified
conditions.
(6) The word discrimination as applied in Sub-article (2) shall not
be construed in a manner that will prohibit the Government from
taking purpoful steps aimed at rectifying specific dis abilities in
the society.
(7) To ensure equality befor the law, the state authority shall make
procedures which are appropriate which take into account the
following principles (a) When the rights and duties of any person zre being
determined by the court of any other agecy, that person shall
be entitled to a fair hearing and to the right of appeal or other
legal remedy against the decision of the court or of the other
agency concerned;
(b) No person charged with criminal offence shall be treated as
guilty of the offence until proved guilty of that offence;
(c) No person shall be punished for any act which at the time of
its commission was not an offence under the law;
(d) No penalty shall be imposed which is heavier than the
penalty in force at the time the offence was committed;
(e) For the purpose of preserving the right of equality of human
beings human dignity and privacy shall be protected in all
activities pertaining to criminal investigation and process and
in any other mattersby which a person is restrained by the
state authority or in the execution of a sentence; and
(f) No person shall be subject to torture or inhuman or
degrading punishment or treatment.
Right not to be
35.-(1) Every person has the right of not being subjugated

12
In
slavery
to slave labour, forced or degrading labour and based on that no person shall be:
(a) made or treated like a slave; and
(b) trafficked for the purpose of being made a slave, commercially or for
the benefit of another person
(2) Illegal trade of human trafficking is prohibited in the United
Republic.
Right to
personal
freedom
36.-(1) Every person has the right to freedom and to live as free man.
(2) For the purpose of prospective individual freedom and to live as a
free person, no person shall be arrested, imprisoned, confined, detained deported
by force or otherwise deprived of his freedom, save only:
(a) under circumstances and in accordance with procedures prescribed
by law ; or
(b) in the execution of a judgment , order or a sentence given by the
court following a decision in a legal proceeding or a conviction for a
criminal offence.
Right of privacy
and personal
security
37.-(1) Every person is entitled to respect and protection of his person,

his personal life and his family and his matrimonial life, and also respect for and
protection of his residence and private communications.
(2) For the purpose of preserving the persons right in accordance with
this Article, the state authority will lay down legal procedures regarding the
circumstances , manner and extent to which the right of privacy and the security
of his person, his property and residence may be encroached upon without
prejudice to the provision of this Article.
Right to freedom
of movement
38.-(1) Every citizen has the right to freedom of movement in the United
Republic and the right to live in any part, to leave and enter the country and the
right not to be forced to leave or be expelled from the United Republic.
(2) Any lawful act or any law which is intended to:
Curtail a persons freedom of movement and to restrain or or
(a) imprison him; or
Freedom of
expression
(b) limit a person from exercising his freedom of movement so as:

(i)to execute a judgment or court order;
(ii)to compel a person first to comply with any obligation arising
under another law; or
(iii)to protect public interest in general or preserve certain special
interest or interest of a certain section of the public,
such act or law shall not be construed to be inconsistent with the
provisions of this Article.
39.-(1) Every person:
(a) has the right and freedom of:
(i) opinion and expression of his ideas;
(ii) communicating and non interference from his communication
and;
13
(iii)innovation, creativity and research on art and tradition;

(b) has the right to be informed at all times about:
(i) various important event of life and activities of the people; and
(ii)implementation by state authority of national policies and activities related to
community development; and
(iii)other issues of importance to the society.

(2) implementation of the right identifies in Sub-article (1), shall not
include inciting war, riot and hatred on the basis of colour, race, gender,
ideology, religion or any issues that could cause harm to the Nation.
Freedom of
information and
the mass media
Freedom of
religious belief
40.-(1) Every person has the right and freedom to:

(a) look for, receive, use and disseminate news and correct information;
and
(b) found mass communication media and other means of mass
communication.
(2) The mass media shall be free and shall also have:
(a) the right to look for, receive, use and disseminate news and
information they receive;
(b) the obligation to:
(i)disseminate news correct and true information to the public;
(ii)respect privacy and protect the dignity, respect, freedom and
honour of the people against the news and information they use,
prepare and disseminate; and
(iii)to observe ethics of journalism and news broadcasting.
(3) the Government and its institutions, shall have an obligation to
inform the public on the activities of the Government and the implementation of
those activities as it may be required.
(4) Parliament shall enact a law for the purpose of supervising and
protect:
(a) rights, duty and freedom of the mass media and journalists; and
(b) news and information for the purpose of National security, peace,
justice, honour and freedom of other people.
41.-(1) Every person has the freedom of conscience, purpose, faith and
choice in matters of religion including the freedom to change his religion, faith
or having no faith in religion.
(2) The profession of religion, warship and propaganda of religion shall
be free and a private affair of an individual provided that he does not contravene
the law of the country.
(3) The affairs and management of religious bodies shall not be part of
the activities of the State authority.
(4) The protection of the rights referred to in this Article shall be in
accordance with the provisions prescribed by the law which are of importance to
a democratic society
14
Persons
freedom of
association
Freedom to
participate in
public activities
Right to work
Rights of
workers and
employers
for security, peace, ethics, social and national unity and shall be governed by
procedures stipulated in the national laws.
(5) It is prohibited for a person, a group or a religious institution to take
advantage of the freedom to propagate religion in a way that will cause
disruption of peace, breed hatred or incite chaos and violence under the guise of
defending a certain faith or religion.
(6) Religion and religious faith shall not be used in any way to divide the
people, create hostility or to disrupt peace among the people.
(7) In this Article reference to the term religion shall be construed as
including reference to religious denomination, and cognate expressions shall be
construed accordingly.
42. Every person deserves to be free without effecting the national laws,
to meet with other people voluntarily and peacefully, to associate and cooperate
with other persons, to express his views publicly, and for that purpose to form or
join with associations or organisations formed for the purpose of preserving or
furthering his beliefs or interests or any other interests.
43.-(1) Every citizen of the United Republic is entitled to take part in
matters pertaining to the governance of the country voluntarily, either directly or
through representative elected by the people in conformity with the procedures
laid down by the laws of the country.
(2) Every citizen of the United Republic has the right and freedom to
participate fully in the process leading to the decision on matters effecting him,
his life or the Nation.
44.-(1) Every person has the right to work either as an employee or selfemployed and to be payed the salary he deserves.
(2) Every person is entitled to equal opportunity and right to hold any
office, leadership or any function under the state authority.
45.-(1) Every person who works is entitled the following rights:
(a) to work without discrimination of any kind;
(b) remunerations and just payment according to the measure and
qualification for the work he does;
(c) to form and join trade union organization at the work place;
(d) to participate in the activities of the trade union;
(e) anected
protection
his health and security at the place of work;
byof
parliament
(f) to strike following a dispute on benefits according the law enacted
by Parliment.
(2) Every employer has the right to:
(a) join employers association;
(b) to lock out a worker following a conflict on benefits
according to the law to be enacted by Parliament.
(3) Every employers or workers association shall have the right to:
(a) to decide on the leadership, programme and its activities; and
(b) form, join and supervise their federation..
15
(b) Every trade union organization shall have the right of joint
bargaining with their employer and enter into agreement on better conditions of
work.
(c) Without prejudice to Sub-article (1), a worker, while exercising his
right to strike in accordance with this Article, should not:
(a) be an employee in specific services to be stipulated by law;
(b) bounded by an understanding that the issue in conflict should be sent
for arbitration;
(c) bounded by a voluntary agreement or arbitration team that
coordinates the conflict; or
(d) is restricted by employers decision that coordinates the conflict.
(d) For the purpose of this Article conflict on benefits means conflict
on expected rights, including pay rise, other benefits beside those offered
according to law or related to employment contract.
(e) The Parliament will enact a law that will provide for provisions on
the rights of employers and workers and procedures that will enable employers
and workers to exercise their rights.
46.-(1) Farmers, livestock keepers, fishermen and miners shall have right
Rights of
farmers,
livestock
keepers,
fishermen and
miners
to:
Right to own
property
47.-(1) Every person is entitled to own property and has the right to the
protection of his property in accordance with the law.
(2) Without prejudice to Sub-article (1), no person shall have his
property confiscated for the purpose of nationalising it or for any other purpose
without the approval of the law providing for compensation according the actual
value of the property in question.
(3) For the purpose of the provisions of this Article, the right to own
property and protection of property shall not include property that has been
confirmed to have been acquired illegally.
Right of the
suspect and
prisoner
48.-(1) A person who has been arrested or detained has the right to:
(a) Be explained in the language he understands:
(i) the reason for his arrest;
(ii)the right not to make any statement; and
(iii) consequences of making a statement;
(b) to communicate with an advocate or any other person
(a) own, use and develop land for their activities;

(b) receive information and knowledge for he purpose of improving
agriculture, livestock keeping, fishing and mining;
(c) to own and benefit from agricultural, livestock and fishery genetic
resources; and
(d) be involved in formulation of policies, laws and different plans
related to their activities.
(2) the state authority shall institute legal procedure for the purpose of
differentiating and will set aside land areas for the use of group identified in
Sub-article (1).
16
Right of person
in detention or in
custody
Freedon
and
rightto clean and
safe environment
Right to health and

clean and safe
water
whose assistance is important to the suspect;

(c) not to be forced to make a statement admitting guilt, a statement that
could be used as an evidence against him;
(d) be taken to court as soon as it could possible be as indicated by law;
and
(e) be kept in an environment that observe human rights.
(2) A person in custody has the right has the right to:
(a) be kept in an environment that observes human rights;
(b) get a copy of the proceedings and a copy of the judgment for the
purpose of appealing; and
(c) to communicate with an advocate or any other person whose
assistance is important in appealing.
(3) Parliament shall enact a law that will provide for a procedure to
enable:
(a) a suspect to get a copy of the charges against him;
(b) to be taken to court and apply for bail in accordance with the law;
and
(c) a person in custody to receive a copy of the charges and the
judgment after the completion of the proceeding in court.
(4) For the purpose of preserving the rights contained in this Article, the
State Authority shall observe the provisions of Article 34(7)(e).
49.-(1) A person in detention or custody shall continue to enjoy all the
basic rights mentioned in this constitution at the level he deserves in an
environment surrounding a detainee.
(2) A person in detention or in in custody has the right to require the
court for the state authority keeping him in detention or in cutody to
explain the reaon for his detention or his being in detention or in custody.
(3) A citizen of the United Republic shall not be sent to any other
country to answer charges or for any kind of interrogation against his will unless
in accordance with the laws of the country and international conventions and the
countrys obligation in international relations .
50.-(1) Any person living in the United Republic has the right to live in clean,
safe and healthy environment.
(d) The right to live in clean, safe and healthy environment involves the
right for every person to use public spaces or different environmental areas
meant for recreation, education, health, worship, culture and economic activities.
(e) Any person living in the United Republic has an obligation to keep,
protect and to maintain the environment and to inform the state
authority on activities or any other thing that is dangerous or has a
big potentiality of destroying or effecting the environment.
51.-(1) Every person has the right to health services and clean and safe water.
(2) The state authority shall ensure that services referred to
1
7
Right to education
The rights of a
child
Rights and duties

of the youth
Rights of the
people with
disability
In Sub-article (1) are easily available taking into account the countrys demand
and available resources.
52.-(1) Every person has the right to better primary education that
prepares him fully to continue farther with the stage that follows or prepare him
to live a self reliant life.
(2) Every person has the opportunity to obtain higher education provided
he has the required qualifications.
(3) For the purpose of Sub-article (2), every person has the right to
choose the type of education and the employment he requires according to his
education and his skill.
(4) The Government will ensure that there exist an education structure
that takes into account the capacity and the requirements of the Nation.
53.-(1) Every child has the right to:
(a) be given a name, nationality and to be registered;
(b) express his views, to be heard and to be protected against humiliation,
violence, abuse, forced labour and harmful culture;
(c) be provided with good environment to play and obtain primary
education;
(d) be protected in good environment for those who are in conflict with
the law;
(e) receive nutritious die, health services, accommodation and in an
environment that develop him physically, mentally and morally;
(f) participate in the activities that match his age; and
(g) to receive care and protection of the parents, guardians, community or
state authority, without any discrimination.
(2) It will be the responsibility of every parent, guardian, the community
and the state authority to ensure that children are brought up in a proper moral
behavior for their age.
(3) For the purpose of this Article a child means a person who is
below eighteen years of age.
54.-(1) Every youth has the right and duty to participate fully in the
development activities of the United Republic and the community in general,
and based on that, the Government of the United Republic and the community
shall make sure that youths are provided with a good environment of becoming
good citizen and are availed the opportunity to participate fully in the political,
economic, social and cultural field.
(2) For the purpose of Sub-article (1), the Parliament shall enact a law to
supervise, among other things, the founding, structure, responsibilities and
management of the National Youth Council.
55. A person with disability is entitled to:
(a) be respected, to be recognised and to be protected against actions that
degrade his dignity including discrimination, humiliation, violence
and harmful culture;
(b) receive education by using special gadgets and to participate in
positions of representation and community activities.
18
Rights of
minority groups
in the society
Rights of women
Rights of the
aged
(c) be provided with suitable infrastructure and environment that will

enable them to go where they wish , to use means of transport and to
receive information;
(d) to use sign language, brail, enlarged letters or other suitable means;
(e) to get employment and to work; and
(f) to receive better health services, safe birth, adjustments and recovery.
56.-(1) State authority considering resources and capacity of the country,
will institute legal procedure that will enable minority groups in the society:
(a) to participate in the leadership of the authorities;
(b) to be provided with special education opportunities to develop
themselves economically and emloyment opportunities; and
(c) to be allocated land that usually such groups will use for their
settlement and for the production of their food.
(2) The Government and the state authority shall take deliberate
measures to develop and promote economic activities and establish
infrastructure, for settlement, education, water and health for the present and
future generations of the community of minority groups.
(3) For the purpose of this Article, minority groups means
communities of people who live by depending on natural vegetation and the
environment around them for their food, shelter and other requirements of life.
57. Every woman has the right to:
(a) be respected, valued and recognition of her dignity;
(b) be protected against against discrimination, abuse, injustice, bullying,
gender violence and harmful traditions;
(c) participate without discrimination in elections and all decision
making positions;
(d) be availed opportunities and equal payment with men in employments
of similar qualifications;
(e) protection of her employment during pregnancy and after delivery;
(f) be provided with the best medical services including safe delivery
services; and
(g) own property.
58. State authority shall institute a procedure that will enable the aged to
get the right to:
(a) participate in development and social activities;
(b) manage his life and develop himself according to his ability including
working;
(c) receive medical care;
(d) be protected against exploitation, acts of violence including torture
and murder;
(e) be provided with the infrastructure and conducive environment to
enable them to go where they want and use public transport at a lower
price; and
(f) be provided with basic needs from his family, community and when
necessary the state authority.
19
Freedom
knowledge,
creativity,
innovation,
invention
artistry
of
and
59.-(1) Every person shall have the freedom to participate in the

activities that promote and develop art, knowledge, creativity and innovation.
(2) Every person shall have the freedom to learn, teach, research and
spread the use of research findings in accordance with academic and research
regulations.
(3) The Government will develop and promote research, creativity and
innovation in art, science and technology by enacting laws that will:
(a) protect copyright and patent and the rights of innovators, researchers
and artists;
(b) enable education and research institutes to use their findings for the
benefit of the Nation;
(c) supervise the motivation of science and technology;
(d) enable to develop human resources in academic, science, technology
and creative fields;
(e) protect and supervise the quality of knowledge, research and the use
of innovation and creativity; and
(f) will elaborate on other issues related to copyright and patent.
PART TWO
DUTY OF THE CITIZEN, COMMUNITY AND STATE AUTHORITY
AND LIMITATIONS OF HUMAN RIGHTS
(a) Duty of the Citizen and the Community to the Nation
Duty of the
citizen and the
community
Duty to
participate in
work
60.-(1) Every citizen has the duty to:

(a) safeguard and defend the Constitution of the United Republic; and
(b) defend the United Republic and participate in national defense.
(2) Every person has the duty to:
(a) obey this Constitution and laws of the country;
(b) protect and respect National Values and important thing
of recognition and heritage of the Nation;
(c) pay tax in accordance with the law; and
(d) respect the right, freedom and the interests of other people.
61.-(1) Every person has the duty to:
(a) lawful productive work; and
(b) observe work discipline and strive to attain individual and
collective productive target desired or set by law.
(2) Notwithstanding the provisions of Sub-article (1), any forced, cruel o
or degrading labour is forbidden in the United Republic.
(3) For the purpose of Sub-article (2), no work shall be deemed to be
foforced, cruel or degrading if that work is according to law is:
(a) work which has to be done pursuant to a judgment or order of
20
Protection of
public property
Rights and
fundamental
duties
(2) e
qual
protection
under
the
laws of the
United
Reopublivc.
(3) A
Protection of
human rights
A court;
(f) work which has to be done by a member of a force in the discharge
of his responsibilities;
(g) work which has to be done due to the state of emergency or any
calamity which threatens life or wellbeing of the society; or
(h) any work or service which forms part of:
(i) routine service for ensuring the well-being of the society;
(ii) compusory national service in accordance with the law;
(iii) the national endeavor at the mobilization of human resources for the
enhancement of the society and the national economy and to ensure development
and national productivity.
62.-(1) Every citizen has the duty to protect and preserve natural
resources of the Nation, the property of the state authority and any property
collectively owned by the people, and also to respect another persons property.
(2) Every person has the duty to:
(a) combat all forms of waste and squander and to manage the national
economy assiduously taking into account sustainable plans and the
rights of the future generations;
(b) to provide information on acts of sabotage against natural resources
of the Nation.
63 (1) Every person has the right to enjoy basic human rights, and the result of
every person fulfilling his duty to the society as stipulated in this Constitution;
(2) Every person has the right to equal protection under the law of the United
republic
person in the United Republic shall not have a right, status or special position
on the basis of his linage, descent, religion, race, origin or his heritage.
(4) It is prohibited for any law to confer any right, status or special
position upon any person of the United Republic on the basis of linage, descent,
religion, race, origin or heritage.
(5) In order that all persons may benefit from the rights and freedom
guaranteed by this Constitution, every person has the duty to so conduct himself
and his affairs in a manner that does not infringe upon the rights and freedom of
others or the public interest.
(b) Duties of the State Authority
64.-(1) The Government and the state authorities have the duty to
observe and protect human rights as the principle of the freedom as stipulated in
this Constitution.
(2) Rights and freedom of every person shall be respected, protected and
sustained by the state authorities, private institutions
21
and every citizen.

Oversight of
human rights
65.-(1) In the interpretation the provisions of this Chapter on Human

Rights, a Court or any decision making body shall consider the
following:
(a) international law and human rights; and
(b) rights of the society and interests of the society in general.
(2) Any person who believes that provisions contained in this Chapter have been
violated or are likely to be violated by an authority, decision making organ, law
or any policy, against him , he may present or institute proceedings in the High
Court by a special application in accordance with the laws of the country for
seeking redress.
(3) The court can, in accordance with Sub-article (1) issue directives it deems fit,
issue a stop order, objection or order a redress.
(4) Proceedings in the Constituent court in accordance with the provisions of
this Article could be instituted by ;
(a) The Attorney General;
(b) A person representing himself or an institution representing its
members;
(c) A person representing another person who cannot represent himself in
accordance with the laws of the country; or
(d) a person representing a group of people with common goals or a
community of certain people whose rights have been violated.
(5) Where in any proceeding it is alleged that any law that has been
enacted or any step taken by the Government or another authority omits or
forbids a right, freedom and essential duties aminating from Article 32 up to 59,
and if the High Court is satisfied it shall make a pronoucemen that the law or
the step in question is nil and void or contrary to the Constitution.
(6) In the event that the High Court deems it fit, conditions or interest of
the community so dictate, instead of pronouncing that that step or law is null and
void, the High Court shall have the power to decide or provide an opportunity to
any other related authorities to redress the limitations in the law or the step being
complained against in the period to be determined by the Court. The law or step
taken will continue to be valid until the redress is made or the period set by the
High Court expires provided that a shorter period is considered.
Limitations of
human rights
(c) Limitations of Human Rights

66. In the event any limitations are to be set regarding the rights
stipulated in this Chapter such limitations should be applied in transparency and
democratically taking into account dignity, equality, freedom and important
cricriteria that includes:
(a) type of right:
22
(4) importance and reasons for setting such limitations;

(5) origin and magnitude of the relevant limitations;
(6) relationship between the relevant limitation and its reason;
(7) a simple way of attaining the objective of the use of the relevant
limitation; and
(8) importance of safeguarding the security of the country.
Law
rights,
freedom
duty
on
and
67. Without prejudice to the provision of this Chapter, Parliament will

enact a law, which among other things, shall oversee the use and
implementation of the rights, freedom and duty stipulated in this Chapter.
CHAPTER SIX
CITIZENSHIP IN THE UNITED REPUBLIC
Citizenship
of the
United
Republic
Right of
citizenship
Citizenshi
p by birth
68.-(1) A person who before this Constitution comes into force, is a

citizen of the United Republic will continue to be a citizen of the United
Republic.
(2) There shall be two types of citizenship in the United Republic and it
shall be attained by birth or registration.
69. Every citizen has the right of his citizenship being recognizer and for
this purpose, the state authority shall institute a legal procedure that will enable a
citizens to get a birth certificate, national identity card without favour and
discrimination of any type, and if needed traveling documents.
70.-(1) Every person born in Tanzania Mainland or Zanzibar will be a
citizen of the United Republic by birth if on the date of his birth, his mother or
father is, or was a citizen of the United Republic.
(2) According to the provisions of this Constitution, a person born out of
Tanzania shall be a citizen of the United Republic by birth from the date of his
birth if his mother or father is a citizen of the United Republic.
(3) If one of the parents died before the birth of the person, the
citizenship of that person at his death shall be used for the purpose of
recognising the citizenship born after the death of his parent as though that
parent were alive until the birth of that person.
(4) A child below the age of seven years if found within the border of the
United Republic in the circumstances that his parents are not known, the child
shall be considered as a citizen of the United Republic by birth.
(5) If the citizenship of the parents of a child who was granted
citizenship under the provisions of Sub-article (4) will be evident that it is not of
the United Republic the citizenship of that child will cease.
(6) Without prejudice to the provisions of this Article, the Parliament
shall enact a law that will set provisions and procedures of:
23
(a) acquiring of citizenship for people born by the citizens of Tanzania

outside the country;
(b) restoring the citizenship of people whose citizenship was revoked
after acquiring the citizenship of another country; and
(c) other matters that will require the enacted of a law.
Citizeship by
registaration
Special status for

people of
Tanzania origin
Structure of the
Union
Implementation
of the functions
of the State
Authority
71.-(1) Soon after this Constitution comes into force a person who has
been a resident of United Republic who has met all the conditions of the laws of
the country could apply for registration to become a citizen of the United
Republic.
(2) A person who is married to a citizen of the United Republic who has:
(a) remained in that marriage for seven consecutive years; and
(b) has met the conditions stipulated by law in accordance with Subarticle (1),
could apply for registration to become a citizen of the United Republic.
(3) In the event that the marriage referred to in Sub-article (2) shall
break, if that person has not renounced his Tanzanian citizenship, he will
continue to be a citizen of the United Republic.
(4) A child born from a marriage referred to in Sub-article (2), will be a
citizen of the United Republic by birth.
(5) A child who is below the age of eighteen whose parents are not
citizen of Tanzania, if adopted by a citizen of the United Republic, his adoption
shall enable that child to become a citizen of the United Republic by registration.
(6) The Parliament shall enact a law, which among other things shall
oversee issues related to the citizenship of the United Republic.
72. Without prejudice to the provisions of this Chapter any person of
Tanzania origin and has renounced the citizenship of the United Republic to
become a citizen of another country, while in the United Republic, he shall have
a special status as it might be stipulated by the laws of the country.
CHAPTER SEVEN
STRUCTURE OF THE UNITED REPUBLIC
73. The United Republic of Tanzania shall have a two Government
structure which are:
(a) The Government of the United Republic; and
(b) The revolutionary Government of Zanzibar.
74.-(1) All the functions of the State Authority in the United Republic
shall be implemented and controlled by two organs with executive powers, two
organs with powers of the dispensation of justice, and also two organs with
legislative powers and oversight of the discharge of the functions of the
Government.
24
Authority of the
Government of the
United Republic
Authority of the
Revolutionary
Government of
Zanzibar on non
Union matters
(2) The organs with the executive powers will be the Government of
the United Republic and the Revolutionary Government of Zanzibar; organs
with powers of dispensation of justice will be the Court of the United Republic
and the high Court of Zanzibar, and organs with legislative powers and oversight
of the discharge of the functions of the Government will be the Parliament and
the House of Representatives.
(3) For the purpose of better execution of the functions of the
Government functions in the United Republic, and for the purpose of the
division of powers on those functions among the organs mentioned in this
Article, there shall be Union matters as listed in Schedule One of this
Constitution and there shall also be non-union matters which are all other nonunion matters.
(4) Every organ mentioned in this Article shall be formed and perform
its responsibilities by following other provisions contained in this Constitution.
75. The Government of the United Republic shall have the jurisdiction on
all union matters in the United Republic and on all non Union matters
concerning Tanzania Mainland.
76.-(1) The Revolutionary Government of Zanzibar shall have the
jurisdiction and right on non Union matters concerning Zanzibar.
(2) Without prejudice to the demarcations set by this Constitution, in the
exercise of its powers under Sub article (1), the Revolutionary Government of
Zanzibar shall have the power and freedom to establish relation and cooperation
with any regional or international organization or institution.
(3) While exercising its authority and responsibilities in accordance with
this Article, the Revolutionary Government of Zanzibar shall need the
cooperation from the Government of the United Republic for the purpose of
facilitating relation or cooperation with a regional or international organization
or institution, the Government of the United Republic may facilitate such
relation or cooperation by observing the provisions of this Constitution and the
law to be enacted by Parliament.
(4) For the purpose of this Article, Parliament shall enact a law that will
stipulate and define:
(a) responsibilities and limitations of implementing the authority of the
Government of the United Republic and the Revolutionary
Government of Zanzibar in relation to the regional or international
relation or cooperation;
(b) procedure of dealing with effects resulting from regional or
international cooperation;
(c) procedure for seeking and availability of loans and aid as a result of
such relation or cooperation;
(d) procedure or conditions for breaking or developing such relation or
cooperation;
(e) communication procedures and consultation between the
Government of Zanzibar in relation to the regional or international
relation or cooperation;
(f) procedure for the implementation of this Article; and
25
Relationship
between the
Government of the
United Republic
and the
Revolutionary
Government of
Zanzibar
Duty of senior
leaders to
safeguard the
Union
(g) other issues related to regional or international relation or

cooperation under this Article.
77.-(1) In executing its responsibilities in different fields, the
Government of the United Republic of Tanzania shall observe the principles of
cooperation and consultation with the Revolutionary Government of Zanzibar
for the purpose of developing and safeguarding the interests of the Nation and
development of the people.
(2) For the purpose of enhancing unity and relationship, the
Revolutionary Government of Zanzibar and the Government of the United
Republic, may consult each other and cooperate on issues related to leadership,
governance, representation organs and the judiciary.
(3) The operation the Government of the United Republic, Revolutionary
Government of Zanzibar or any organ of those Governments shall be executed
while taking into account the unity of the United Republic and the duty to
develop nationalism.
(4) Without prejudice to the provisions of this Article, the Government of
the United Republic under special agreement between it and the Revolutionary
government of Zanzibar, could do anything under the jurisdiction of the
Revolutionary Government of Zanzibar in accordance with such agreement.
78.-(1) Without prejudice to the duty of every citizen according to this
Constitution, every senior leader with executive power in the United Republic
mentioned in Sub-article (3) shall be obliged to exercise power vested in him in
accordance with this Constitution to ensure that he defends, protects,
strengthens and sustains the unity of the United Republic of Tanzania.
(2) For the purpose of the provisions of Sub-article (1) each of the
senior leaders mentioned in Sub-article (3), before assuming his position, shall
swear to defend, to safeguard and to sustain the Union according to this
Constitution.
(3) Senior leaders who are concerned with the provisions of this Article
are:
(a) President of the United Republic;
(b) Vice-President of the United Republic;
(c) President of Zanzibar;
(d) Prime minister of the United Republic; and
(e) Vice-President of Zanzibar.
CHAPTER EIGHT
PART ONE
GOVERNMENT, PRESIDENT AND VICE-PRESIDENT
Government of the
United Republic
(a) Government
79.-(1) There shall be a Government of the United Republic that shall be
constituted of the President, Vice-President and the Cabinet.
(2) Without prejudice to provisions of Article 74, the powers of the
26
Government of the United Republic shall be executed by the President himself

or by delegating that responsibility to any person with responsibilities in the
public service in the United Republic.
(3)
It should be understood that the provisions contained in this Article shall
not be construed as:
(a) transferring to the President all powers which by law have been
conferred to another person or authority other than the President
(b) preventing Parliament from conferring power upon any person or
people or any other authority other than the President; or
(c) preventing Court to conferring power upon any person or people
with authority in the Courts of the United Republic.
President of the
United Republic
Powers and
responsibilitie
s of the
President
Execution of
Presidential
powers
(b) The President

80.-(1) There shall be a President of the United Republic.
(2) The President of the United Republic shall be the Head of State, the
Leader of the Government of the United Republic and Commander-in-Chief
and:
(a) he shall be the symbol and the expression of the United Republic
and its people; and
(b) the symbol of unity, freedom of the country and its sovereignity.
81.-(1) The President shall execute the powers of the Head of State,
Leader of the Government, Commander-in-Chief according to this Constitution
and shall have the powers and responsibilities as stipulated by laws enacted by
Parliament.
(2) The President shall have the authority to execute other responsibilities
which are traditionally executed by the Head of State, Leader of the Government
or the Commander-in-Chief, which have not been stipulated in this Constitution
and the laws to be enacted by Parliament.
82.-(1) In the execution of the powers of the President in accordance with
this Chapter, the President shall have the authority to institute or abolish office of
authority in the service of the Government of the United Republic.
(2) The President shall have the authority to appoint persons to hold
positions of leadership responsible for formulating policies for departments and
institutions of the Government and the Chief Executives who are responsible for
supervision of the implementation of policies of those departments and
institutions in the service of the Government of the United Republic, positions
that have been mentioned in this Constitution or laws to be enacted by
Parliament that they will be mentioned in the appointments made by the
President.
(3) The authority for appointment of other persons who are not leaders
or chief executives to hold positions of authority in the service of the United
Republic, and the authority for promoting such people, to remove them from
office, to terminate their employment, to suspend them from work and the
authority to regulate the discipline of persons who are given authority shall vest
27
The President to
observe advice
President to be
unable to
discharge the
functions of his
office
Procedure to fill
the post of a
President before
completion of
his term of
office
in the relevant authorities for discipline and appointment according to this

Constitution and the Laws of the country.
(4) The provisions of Sub-article (2) shall not prohibit the President to
take steps of maintaining discipline of public servants and the public service of
the Government of the United Republic.
83. In the execution of his responsibilities and functions according to the
Constitution and the laws of the country, the President shall be free in the
execution of his work and shall not be obliged to follow or observe advice given
to him by any person or any authority except where he is required by this
Constitution or other any other law to perform any other thing in accordance
with the advice given to him by a person or any authority.
84.-(1) Where the Cabinet is satisfied that the President is unable to
discharge the functions of his office by reason of physical or mental infirmity it
will submit to the Chief Justice a resolution requesting him to certify that the
president, due to physical or mental infirmity, is unable to discharge the
functions of his office.
(2) On receiving such a resolution in accordance with Sub-article (1), the
Chief Justice shall appoint a medical board of not less than three people whom
he shall appoint from among medical specialists recognized by law and such
board shall inquire that issue and advise the Chief Justice accordingly.
(3) The Chief Justice may, after considering the medical advise and
medical evidence, present to the speaker a certificate certifying that the
President, due to physical or mental infirmity, is unable to discharge the
functions of his office and if the Chief justice does not rescind that certificate
within seven days for the reason that the Presidents condition has improved and
he has resumed work, then it shall be deemed that the office of the President is
vacant and the provisions contained in Article 85(1)(d) shall apply.
85.-(1) Where the office of the President becomes vacant by reason of :
(a) The President dying;
(b) The President resigns;
(c) The President loses electoral qualifications for the position of the
office of the President;
(d) The President is unable to perform his functions due to physical or
mental infirmity;
(e) The President is impeached and removed from office in accordance
with this Constitution,
Then the First Vice-president shall be sworn in and become the President for the
unexpired period of the term of five years and in accordance with provisions set
out in Article 92.
(2) Soon after the President is sworn in and resumes the functions in accordance
with Sub-article (1), and in whatever the case, within the period of not more than
fourteen days since he was sworn:
(a) for the President nominated by a political party he belongs; or
(b) for the President elected as a private candidate after consultation with the
Free Electoral Commission
Discharging of duties and functions of the President when he is absent
He shall recommend a name of a person who shall become the First Vice-President and that
nomination shall be approved by Parliament by the majority of the votes of all members of
Parliament.
86.-(1) Where the office of the President becomes vacant following:
(a) the provisions contained in Article 84;
(b) the provisions contained in Article 97;
(c) where he is absent from the United Republic, the duties and functions of the President
shall be discharged by one of the following in the order specified:
(i) The First Vice-President or if his office is vacant or if he is absent or is ill then;
(ii) The Prime minister.
(2) Where any among the people mentioned in Sub-article (1) shall discharge the duties
and functions of the office of the President by reason that another person who precede him in that
list is absent, then that person shall cease to discharge such duties and functions soon after that
person who precedes him returns and resumes to discharge duties and functions of the President.
(3) Any person acting in the position of the duties of the President, in any way, shall not
have power in the following matters:
(a) to appoint or to remove from office any leader appointed by the President in
accordance with this Constitution; or
(b) to do any other matter that is prohibited as specified by the President in the
certificate of delegating his powers.
(4) For the purpose of Sub-article (2) and (3), the President shall delegate his powers by a
special certificate signed by himself.
Election of the
President
Qualificatio
ns of the
President
(c)Election of the President

87.-(1) The President shall be elected by the citizen in accordance with
the provisions of this Constitution and in accordance with the laws of the
country.
(2) the election of the President shall be held before the President has completed
his tenure of office in accordance with this Constitution.
88.-(1) A person shall be entitled to be elected to hold the office of the

President of the United Republic if:
(a) He is a citizen of the United Republic by birth in accordance with this
Constitution and law enacted by Parliament;
(b) He is of a sound mind;
(c) His both parents are citizens of the united Republic by birth;
(d) At a time of contesting he has attained the age of not less than forty
years;
(e) He holds a Bachelors degree from a recognised university in
accordance with the law, or skill and experience in leadership at
national level that will enable him to hold the office of the President;
(f) He is a member and a candidate nominated by a political party
2
9
Procedure for
the election of
the President
Complains on the
legality of the
Presidential
election
or a private candidate.
(2) No person shall qualify to contest for the office of the President if
that person:
a (a) has any interest in a Government contract of any type where he has
to observe specific ethics in accordance with the law and he has violated
such ethics;
(b)he was a citizen of another country; or
(c) He was convicted by an organ with authority for tax avation and any
other criminal offence.
89.-(1) During the Presidential election every political party wishing to
participate in the election of the President, shall submit to the Independent
Electoral Commission of the United Republic, in accordance with the law, name
of one of its members whom it proposes for the office of the President.
(2) Where a candidate is a private candidate, in accordance with the
qualifications stipulated in the law to be enacted by Parliament, he will submit
his name to the Independent Electoral Commission.
(3) The names of the candidates proposed for the Presidential election
shall be presented to the Independent Electoral Commission on the date
appointed in a procedure stipulated by the law of the country.
(4) Where on the date and time appointed for the purpose of submission
of the names of the candidates, only the name of one candidate is validly
submitted, the Independent Electoral Commission shall nominate that candidate
and present his name to the electorate who shall vote either for or against him in
accordance with the provision stipulate in thisConstitution and the laws of the
country.
(5) The election of the President of the United Republic shall be held on
a date to be appointed by the Independent Electoral Commission in accordance
with the law.
(6) The Presidential candidate shall be declared duly elected President
only if he has obtained more than fifty percent of all the votes cast for the office
of the President.
(7) Where in the Presidential election there shall be no candidate who
shall meet the provisions of Sub-article (6) there shall be a re-run of the election
within sixty days for the first and second winners and the candidate who shall
obtain more than fifty percent of the votes shall be declared the winner of the
office of the President.
(8) All other matters related to the Presidential election shall be as
defined in the law to be enacted by Parliament for that purpose.
90.-(1) In accordance with Sub-article (2), where any person who has
contested as a candidate for the office of the President in the Presidential election
is not satisfied with the outcome of the election, he can file his complains in the
High Court to challenge the results of the Presidential election announced by the
Independent Electoral Commission.
(2) Complains to challenge the results of the Presidential election shall be
filed at the High Court within seven days after the announcement of the results
of the Presidential election.
30
(3) The High Court shall hear and deliver verdict on the proceedings
related to the challenging of the results of the Presidential election within the
period of fourteen days from the day of receiving the complains filed in
accordance Sub-article (2) and that verdict shall be final.
(4) For the purpose of Sub-article (3), the High Court can deliver a
verdict without giving reason leading to that verdict and the reasons
shall be given within the period of not more than thirty days since
the day the verdict was delivered
(5) Where the High Court shall decide that the results of the Presidential
election are illegal, the re-run of the Presidential election shall take place within
sixty days after the verdict was issued.
Presidents Oath
and tenure of
office
Right to be
reelected
91.-(1) The President elect shall be sworn in by the Chief Justice or

Deputy Chief Justice where the Chief Justice is absent and shall assume the
powers of the office of the President seven days after being declared by the
Independent Electoral Commission or soon after being confirmed by the High
Court.
(2) Unless he sooner resigns, the President shall hold the office of the
President for a period of five years from the day he was sworn in to become
President.
(3) The President shall hold the office of the President until:
(a) the day the President elect shall take the oath of office of President;
(b) the day he dies;
(c) the day he resigns; or
(d) he ceases to hold the office of President in accordance with the
provisions of this Constitution.
92.-(1) A person who holds office of President shall be eligible for re
election to that office for another five-year term.
(2) No person shall qualify to contest and be elected more than twice to
hold the office of President.
(3) Without prejudice to the provisions of this Constitution, a person who
held office as President of Zanzibar shall not lose qualification for contesting
and be elected to become the President of the United Republic.
(4) Where a person who was holding the office of the First VicePresident shall hold the power of the office of the President in accordance with
the provisions of Article 85 for a period of less than three years, he shall be
eligible to contest for the office of the President for two terms, but if he holds
the office of the President for a period of three years or more he shall be
eligible to contest the office of the President for one term only.
(d) Special Terms of Office of President
Power to
declare war
93.-(1) Subject to the provisions of this article , the President shall have
the power to declare the existence of a state of war between the United Republic
and any other country or any group after an approval of Parliament.
(2) Not withstanding the provisions of Sub-article (1), in the
31
Powers of the
President
to
declare state of
emergence
event that the United Republic is invaded or any group starts a war within the
United Republic, the President may, after consultation with the national Security
Council, declare the existence of a state of war in the United Republic.
(3) After making the declaration in accordance with Sub-article (2), the
President shall inform the Parliament by transmitting a copy of such declaration
to the Speaker of the National Assembly who within fourteen days from the date
of the declaration, shall convene a meeting of the National Assembly to inform
the National Assembly on the declaration made by President.
94.-(1) Without prejudice to the provisions of this Constitution or any
law, the President may after consultation with the National Security Council,
proclaim the state of emergency or the state of siege in relation to a certain area
of the United Republic or any part thereof.
(2) The President may proclaim the existence of a state of emergency if:
(a) The United Republic is in a state of war;
(b) there is a real danger that the United Republic is about to be invaded
and to be in a state of war;
(c) there is actual situation of breakdown of public order or nonexistence of public security in the United Republic or in any part
thereof, such that it is necessary to take extraordinary measures to
restore order and security;
(d) there is clear and grave danger, such that the breakdown of public
order and cessation of public safety in the United Republic or any
part thereof are inescapable except by involving extraordinary
powers;
(e) there is or there are indications of imminent occurrence of a disaster
which threatens the society or part thereof in the United Republic; or
(f) there is some kind of danger which clearly constitute a threat to the
security of the country.
(3) In the event that a state of emergency is proclaimed in the United
Republic or any part of the United Republic, the President shall transmit a copy
of the proclamation to the Speaker of the National Assembly who shall convene
the meeting of the National Assembly within not more than fourteen days since
the proclamation to inform the National Assembly on the state of emergency
proclaimed by the President.
(4) Parliament may enact a law providing time and procedure which
will enable certain persons in charge of Government functions in special areas of
the United Republic to request the President to exercise the powers conferred on
him by this Article in relation to any of those areas where there exists any of the
situations specified in paragraph (c), (d) and (e) of Sub-article (2) and that
situation does not extend beyond the boundaries of such areas and also for the
purpose of specifying the exercise of executive powers during a state of
emergency.
(5) A proclamation of the state of emergency issued by the President
pursuant to this Article shall cease to have effect if it is revoked by the President.
(6) For the avoidance of doubt in the interpretation or application of
the provisions of this article, the provisions related the proclamation of the state
of emergency as provided for in this article shall apply to the
32
part of the united republic in respect of which the state of emergency has been
declared.
Powers of
President for
prerogative of
mercy
Immunity against
proceedings against
the President
95.-(1) The President a Head of State, has the power to:

(a) Pardon any person convicted by a court for any offence agains the
united Republic on specific conditions as stipulated by law
(b) release completely or for a specific period any person who has been
sentenced for any offence so that that person does not completely
complete the sentence he is serving or serves that sentence in that
specific period;
(c) commute a death penalty to a life imprisonment; or
(d) to rescind the entire penalty or part of any penalty imposed on any
person for any offence or to rescind the entire penalty or part of the
penalty of a fine (or confiscation) of an object of a person who is
guilty which otherwise would have been taken by the Government of
the United Republic.
(2) The provisions of this Article shall apply to persons convicted and
punished in Zanzibar and punishment imposed in Zanzibar under the legislation
enacted by Parliament which applies to Zanzibar, likewise such provisions shall
apply to persons convicted and punished in mainland Tanzania in accordance
with the law.
(3) For the purpose of this Article there shall be a National Advisory
Committee that will advice the president in relation to granting pardon to any
person convicted by a court and serving a sentence.
(4) The procedure to be followed in the exercise of powers under this
Article, structure, responsibilities and operations of the body concerned with
matters related to providing pardon to convicts shall be stipulated by law.
96.-(1) During the President tenure of office, no proceedings shall be
instituted against him for any criminal offence.
(2) During the Presidents tenure of office in accordance with this
Constitution, no civil proceedings against him shall be instituted in court in
respect of any thing done or not done , by him in his personal capacity as a
President whether before or after he assumed the office of the President, unless
at least thirty days before the proceedings are instituted in court, notice of claim
in writing has been delivered to him pursuant to the procedure prescribed in
accordance with the law, stating the nature of such proceedings, the cause of
action, the name, residential address of the claimant and the relief which he
claims.
(3) Except where he ceases to hold the office of President following his
removal from office by Parliament, it shall not be legal for any person to
institute in court any criminal or civil proceedings against a person who was
holding the office of President after he ceases to hold such office for any thing
he did in his capacity as President.
33
Parliament to
impeach
President
97.-(1) The National Assembly may pass a resolution to remove the

President from office if a motion to impeach the President is moved and passed
in accordance with the provisions of this Article.
(2) Without prejudice to the other provisions of this Article, no motion to
impeach the President shall be moved save only if it is alleged that the President
has committed any of the following offences:
(a) gross violation of provisions of this Constitution;
(b) serious criminal offences;
(c) to obstruct in any way his being investigated in accordance with this
article;
(d) corruption;
(e) has conducted himself in a manner which lowers the esteem of the
office of the President of the United Republic;
(f) to disregard or refuse to comply with the decision or legal order of
the Court; or
(g) has committed an act that violate code of conduct or leaders ethics.
(3) the National Assembly shall not pass a motion to impeach the President save only if:
(a) no such motion has been moved within twelve months since a similar motion was
moved and rejected by the National Assembly; and
(b) a written notice, signed and supported by not less than twenty five percent of all
members of Parliament is submitted to the Speaker fourteen days prior to the
sitting at which such motion is intended to be moved in the National Assembly.
(4) the notice to be submitted in accordance with Sub-article (3)(b) shall specify
wrongs committed by the President, and proposing that a Special Committee of inquiry be
instituted to inquire into the charges brought against the President.
(5) Any time after the Speaker receives the notice dult signed by members of
Parliament and satisfy himself that the provisions of the Constitution for the moving of the
motion have been complied with , the Speaker shall allow the presenter of the motion to present
the motion before the Parliament and the Speaker shall ask the Parliament without discussing, to
vote on the motion to constitute a Special Committee of Inquiry.
(6) Where a motion to constitute a Special Committee of Enquiry is supported by not
less than seventy five percent of all the members of Parliament, the Speaker shall announce the
names of the members of the Special Committee of Inquiry.
(7) The Special Committee of Inquiry for the purpose of this Article shall consist of the
following members:
(a) The Chief Justice of the United Republic of Tanzania, who shall be the Chairman
of the Committee;
(b) Chief Justice of Zanzibar, who shall be the Vice-Chairman; and
(c) Five Members of Parliament from the Parliament of the United Republic who
shall be appointed by the Speaker taking into account the representation of every
part of the Union.
Within seven days after the Special Committee of Inquiry is constituted it

shall inquire into and analyze the charges preferred against the
President, including affording the President the opportunity to be
heard in accordance with the procedure prescribed by the Standing
Orders of the National Assembly
Benefits of the
President
Vice-President of
the United
Republic
Availability of
the First VicePresident
(9) As soon as possible, and in any event within a period of not more
ninety days, the Special Committee of inquiry shall submit its report to the
Speaker.
(10) After the Speaker receives the report of the Special Committee of
Inquiry, the report shall be tabled before the National Assembly in accordance
with the procedure prescribed by the Standing Orders of the National Assembly.
(11) After the report of the Special Committee of Inquiry is
submitted,the National Assembly shall discuss the report and shall afford the
President to be heard, and than by the vote of not less than seventy five percent
of all the members of Parliament, the National Assembly shall pass a resolution
either that the charges against the President have been proved or have not been
proved.
(12) In the event the National Assembly passes a resolution that the
charges agaist the President have been proved and that he is unworthy of
continuing to hold the office of President, the Speaker shall inform the President
about the resolution of the National Assembly and the President shall be
removed from office and the Vice-President shall be sworn in immediately to
hold the office of President.
(13) In the event the President ceases to hold the office of President by
the reason of the charges against him being proved, he shall not be
entitled to:
(a) hold any office of responsibility in the country; and
(b) receive any payment by way of pension, allowance or to receive any
rights or other benefits entitled to the President or a retired President
under the Constitution or law.
98.-(1) The President shall be paid such salary and other remunarations
and on retirement he shall receive such pension, gratuity or allowance from the
Consolidated Fund.
(2) The salary and all other benefits due to the President shall not be
reduced while he is in office in accordance with the provisions of this
Constitution.
(3) Parliament shall enact a law for the implementation of the provisions
of this Article.
(e) Vice-President
99. There shall be three Vice-Presidents who shall be:
(a) The First Vice-President;
(b) The President of Zanzibar who shall be the Second Vice-President;
and
(c) The Prime Minister who shall be the Third Vice-President.
100.-(1) A person shall not be nominated to contest or to hold the office
of the First Vice-President of the United Republic save only if he has the
qualification of being elected as President.
(2) Without prejudice to the provisions of Article 88, the First VicePresident shall be obtained by being elected during the election together with the
President, after being nominated by his party or independent candidate at the
same time when the Presdential candidate is nominated and shall
35
be voted togather.
(3) Any political party or person intending to contest for the office of the
President as an independent candidate shall not be prevented from nominating
any person to contest for the office of the First Vice-Presidentfor the reason only
that such person is at that time holding the office of President of Zanzibar.
(4) Where a candidate contesting for office of the President is elected
then the First Vice-President is automatically elected.
(5) A person shall be nominated to contest the office of the First vicePresident following the regulation that where a person contesting for the office of
President of the United Republic comes from one side of the United Republic,
then the First Vice-President shall come from the other side of the United
Republic.
(6) In discharging the functions of his office, the First Vice-President
shall implement or cause to be implemented or oversee the implementation of
any matters which the President shall order to be implemented.
Responsibilities
of the First
Vice-President
101. The First Vice-President shall be the Principal Assistant of the

President in respect of all the matters in the United Republic:
(a) he shall perform all the duties assigned to him by the President;
(b) he shall perform the duties and functions of the office of the President
when the President is out of office or out of the country in accordance
with the provisions of Article 86(3); and
(c) he shall be the Chairman of Intergovernment Relations and
Cordination Commission for the Supervision and Implementation of
Union Matters.
Tenure of office of
the First Vice
President
102.-(1) The First Vice-President shall assume the office of the First
Vice-President soon after the President assumes office after being sworn in.
(2) The First Vice-President shall hold the office of the First Vice
President until:
(a) he dies while in office;
(b) he resigns;
(c) he is sworn in as President after the office of the President falls
vacant;
(d) when another President is sworn in to hold the office of President
together with his Vice-President;
(e) when he is unable to discharge the functions of his office by reason of
physical or mental infermity;
(f) when he is removed from office following his impeachment by the
National Assembly in accordance with the provisions of this
Constitution; or
(g) when he ceases to hold office of the First Vice-President for any
other reason in accordance with the provisions of this Constitution.
Parliament to
impeach the First
Vice-President
103.-(1) The National Assembly shall have the power to impeach and
remove from office the First Vice-President under the same procedure used to
impeach the President in accordance with this Constitution save that
36
First VicePresident to be
unable to
discharge the
functions of his
office
Availability of the
First VicePresident when
that office falls
vacant
Oath of the Fist

Vice-President
Second VicePresident
any motion to impeach the First Vice-President shall be moved only if:
(a) the President has submitted a certificate to the Speaker stating that
the First Vice-President has ceased or failed to discharge the duties
and functions of the office of the First Vice-Preident;
(b) he has conducted himself in a manner that lowers the esteem of the
office of the President of the United Republic of Tanzania or the
office of the First Vice-President; or
(c) he is alleged to have commited any of the offences that could lead to
the impeachment of the President by the National Assembly in
accordance with this Constitution,
and no such motion shall be moved within twelve months from the time when a
similar motion was previously moved and rejected by the National Assembly.
(2) Other provisions relating to the procedure of impeaching the
President shall apply while removing from office the First Vice-President.
(3) All other provisions of Article 96 shall apply also in relation to the
First Vice-President save only that a First Vice-President who has been removed
from office under Sub-article (1), shall no longer qualifiy to hold the office of
President or the First Vice-President.
(4) In the event the First Vice-President ceases to hold the office of the
First Vice-President as a result of charges against him being proved, he shall not
be entitled to any pension, allowance or all other benefits due to the First VicePresident or retired First Vice-President in accordance with this Constitution or
laws of the country.
104. In the event that the First Vice-President is unable to discharge the
functions of his office by reason of physical or mental infirmity, the President
may, after consultation with the Cabinet, submit to the Chief Justice a resolution
requesting te chief justice to certify that the First-Vice president, due to physical
or mental infirmity is unable to discharge the functions of his office and other
provisions of Article 84 shall apply.
105. In the event that the office of the First Vice-President is vacant pursuant to
the provisions contained in Article 102 and 103, then as soon as possible and
under any circumstances within the period of not more than fourteen days from
the time of his death, or relinquish his powers, the President sha appoint a person
who shall become the First Vice-President and the appointment shall be
confirmed by Parliament by the majority of the votes of all members of
Parliament.
106. Before assuming his office the First Vice-President shall be sworn in by the
Chief Justice of the United Republic of Tanzania or deputy Chief justice if the
chief Justice is absent, to take an oath of allegiance or any other oath relating to
the discharge of his functions in accordance with law.
107.-(1) The Second Vice-President of the United republic who is the President
of Zanzibar, together with his other responsibilities stipulated in the Zanzibar
Constitution, shall assume the office of the Second Vice-President soon after
being sworn in by the President.
37
(2) A person shall qualify to become the Second Vice-President only if

he is the President of Zanzibar in accordance with the Zanzibar Constitution.
(3) In the event that the office of the Second Vice-President is vacant
because of any reason, that position shall be filled in accordance with the
provisions of the Zanzibar Constitution.
108.-(1) The Third Vice-President of the United Republic who is the
Prime Minister, together with his other responsibilities stipulated in this
Constitution, shall asume office after being sworn in by the President.
(2) A person shall qualify to become the Third Vice-President only if he
is the Prime Minster in accordance with this Constitution.
(3) In the event that the office of the Third Vice-President falls vacant in
accordance with the provisions of this Constitution, the position shall be filled in
accordance with the provisions of this Constitution.
Third VicePresident
Terms of office of
the Vice-President
109.-(1) The Vice-President shall be paid such salary and other

remunarations and on retirement he shall receive such pension, gratuity or
allowance from the Consolidated Fund.
(2) The salary and all other benefits due to the Vice-President shall not
be reduced while he is in office in accordance with the provisions of this
Constitution.
(3) Parliament shall enact a law for the implementation of the provisions
of this Article.
PART TWO
PRIME MINISTER AND THE CABINET OF THE
(a) Prime Minister
Prime Minister
of the United
Republic
110.-(1) There shall be Prime Minister of the United Republic who will
be appointed by the President in accordance with the provisions of this Article,
who befure resuming office, shall take an oath before the President an oath
related to the office of the Prime Minister.
(2) As soon as it could possibly be and in any event within fourteen days
after assuming his office, the President shall nominate an elected Member of
Parliament from an electoral constituency from a political party with the
majority of members in Parliament, or if there is none from a political party with
more members, who is likely to be supported by most of the Members of
Parliament, to become Prime Minister of the United Republi, and he shall not
resume that office until his appointment is first confirmed by Parliamet, by a
resolution to be supported by the votes of the majority of Members of
Parliament.
(3) Withou prejudice to other provisions of this Constitution, the Prime
Minister shall hold the office of the Prime Minister until:
(a) the day the president elect takes an oath of office;
(b) the day he dies while in office;
38
Functions and
authority of the
Prime Minister
Government
accountability
Vote of no
confidence agaist
Prime Minister
(c) the day he resigns;

(d) the day the President appoints another Member of Parliament to
become Prime Minister; or
(e) when he ceases to hold the office of Prime Minister in accordance
with other provisions of this Constitution.
111.-(1) The Prime Minister shall have the powers to control, supervise
and implementation of the day to day functions and activities of the Government
of the United Republic.
(2) The Prime Minister shall be the head of the Government business in
Parliament.
(3) In the exercise of his powers, the Prime Minister, shall implement,
cause to be or supervise the implementation of any matter or any things that the
President shall order to be implemented.
112.-(1) Without prejudice the provisions of this Constitution, the Prime
Minister shall be accountable to the President in relation to the exercise of his
powers.
(2) The Government of the United Republic under the authority of the
President, shall have the powers to make decisions on the policy in general, and
the Ministers under the leadership of the Prime Minister, shall be collectively
accountable in Parliament in relation to the implementation of the functions of
Government of the United Republic.
113.-(1) Notwithstanding the provisions of Article 110, Parliament could pass a
resolution on vote of no confidence against the Prime Minister if a motion shall
be moved, so proposing and approved in accordance with the provisions of this
Article.
(2) Without prejudice to other provisions of this Article, any motion
urging the approval of vote of no confidance against the Prime Minister shall not
be moved in Parliament if:
(a) it has no connection with the implementation of the responsibilities of
the Prime Minister in accordance with Article 111, or there are no
claims that the Prime Minister has violated the law concerning ethics
of public leaders;
(b) it is not yet six months since he was appointed; or
(c) it is not yet nine months since a similar such order was moved in
Parliament and the Parliament refused to approve it.
(3) The motion urging a vote of no confidence against the Prime Minister
shall not be approved by Parliament only if:
(a) a written statement signed and supported by not less than twenty five
percent of all the Members of Parliament shall be sumitted to the
Speaker, at least fourteen days before the day it is intended to be
moved in Parliament; and
(b) the Speker shall setisfy himself that provisions of the Constitution for
the purpose of moving a motion have been met.
(4) A motion urging a vote of no confidance against the Prime Minister
shall only be approved if it is supported by more than fifty percent of all
Members of Parliament.
(5) In the event that a motion urging a vote of no confidance against the
Prime Minister shall be supported by a majority of Members of Parliamenti, the
Speaker shall present the resolution to the
39
President and as early as it could possibly be and in any event within two days
since the Parliament approved the resolution of a motion urging a vote of no
confidance against the Prime Minister, the Prime Minister shall be required to
resign, and the President shall appoint another member of Parliament to become
Prime Minister.
(b) cabinet
The Cabinet
Appointment of
Ministers and
Deputy
Ministers
Qualifications of
Ministers and
Deputy Ministers
114.-(1) There shall be a Cabinet of the United Republic that shall

consist of the following members:
(a) The President;
(b) First Vice-President;
(c) President of Zanzibar who is the Second Vice-President;
(d) Prime Minister who is the Third Vice-President; and
(e) All Ministers of the Government of the United Republic.
(2) The President shall preside over cabinet meetings, and if the
President is absent the meetings shall be presided over by the First VicePresident and if both are absent the Prime Minister shall preside over the
meetings.
(3) The Attorney General shall attend the meetings of the Cabinet and
shall have all the right of a member of those meetings, except he shall not have
the right to vote.
115.-(1) There shall be Ministers and Deputy Ministers of the
Government of the United Republic who shall be appointed by the President in
consultation with the First Vice-President and the Prime Minister.
(2) For the purpose of Sub-article (1), the total number of the Ministers
and deputy Ministers of the Government of the United Republic shall not exceed
forty.
(3) The responsibilities of the Minister shall be as indicated by the
President in the Instruments of Appointment.
(4) Deputy ministers shall be assistants to the Ministers in the execution
of their responsibilities and they shall not be members of the Cabinet.
(5) The Ministries of the Government of the United Republic shall take
into account the authority of the Government in accordance with this
Constitution.
116.-(1) A person shall be appointed to become Minister or deputy
Minister of the Government of the United Republic if:
(a) he is a citizen of the United Republic by birth;
(b) he has a Bachhelors degree from a recognised University in
accordance with the law or education equivalent to that;
(c) with professionalism or experience; and
(d) is a Member of Parliament of the United Republic.
(2) A person convicted for embezzlement of public property or lack of
trust, either in the Government of the United Republic or Revolutionary
Government of Zanzibar, shall have no qualification to be appointed to become
Minister or Deputy Minister in the Government of the United Republic.
17.-(1) minister or Deputy Ministershall not assume his office until he
has taken , befor the President, an oath of allegience and
40
Oath, tenure and
Conditions of
service for
Minister and
deputy Ministeri
such other oath relating to the discharge of the duties of his office as may be
prescribed by law.
(2) The tenure of office of a Minister or Deputy Minister shall
commence on the date which the Minister or Deputy Minister concerned is
sworn in.
(3) Minister or Deputy Minister shall hold office all the time save only if:
(a) he resigns or dies;
(b) The President revokes his appointment;
(c) President elect has been sworn in and assumed office of President; or
(d) if that person ceases to be a Member of Parliament in accordance
with this Constitution.
The Attorney
general
(c) The Attorney General

118.-(1) There shall be an Attorney General of the Government of the
United Republic who in this Constitution shall be referred to in short as the
Attorney General who shall be appointed by the President.
(2) A person could be appointed to become Attorney General if he has
the following qualifications:
(b) he has a degree in Law from a recognized University in accordance
with the laws of the country;
(c) he is skilled with qualifications of being an advocate of the High
Court of Zanzibar or the High Court of the United Republic;
(d) he is a senior employee in the public service of the Government of
the United Republic;
(e) he is a person who ha held those qualifications for a period of not less
than fifteen years; and
(f) he is a person of integrity in the execution of his responsibilities.
(3) The Attorney general shall be the chief advisor of the Government of
the United Republic on lrgal matters and for that purpose shall be responsible for
advising the Government of the United Republic on all legal matters, and to
discharge any other functions pertaining to or connected with law which are
referred or assigned to him by the President for implementation, also to
discharge other duties or functions entrusted to him by this Constitution or by
any law.
(4) The Attorney General shall be a Member of Parliament by virtue of
his position and shall remain in office until:
(a) his appointment is revoke by the President; or
(b) soon before the President elect assumes the office of the President,
and he shall be paid a salary, allowance and other remunarations in
accordance with the law to be enacted bty Parliament.
(5) In the dischrge of his duties and functions in accordance with this
Article, the Attorney General shall have the right to appear and be heard in all
the courts of the United Republic.
(6) The Attorney General shall not hold the office of the Attorney
41
General until he has taken before the President an oath

other oath relating to the discharge of the duties of
prescribed by law.
(7) The Attorney General, unless he ceases to
Attorney general earlier, shall continue to hold that
President appoints another Attorney general.
Deputy
Attorney
General
of allegiance and such

his office as may be
hold the office of the
office until when the
119.-(1) There shall be a Deputy Attorney General who shall be

appointed by the President from among the people with qualifications stipulated
by Sub-article (2) of Article 118.
(2) The Deputy Attorney General shall perform other functions as
directed by the Attorney General and shall be the officer in charge of the office
of the Attorney General.
(3) Notwithstanding the provisions of this Article, a person who deserves
to be Deputy Attorney General shall be a person who has been holding
qualifications stipulated in Article 118(2) for a period of not less than ten years.
(d) Director of Public Prosecution
Director of
public
prosicution
120-(1) There shall be a Director of Public Prosecution who shall be

appointed by the President from among employees of the public service with
qualifications of serving as an advocate or qualifications of a person registered
as an advocate and has been continuosly holding those qualifications for a period
of not less than ten years.
(2) The Director of Public Prosecution shall have the powers to:
(a) file and prosecute criminal offences against any person in any court
except a Military court for the offece he is alleged to have commited;
(b) to take and prosecute criminal proceedings initiated by a person or
any authority; and;
(c) to stop at any stage before the verdict is pronounced criminal
proceedings that have commenced or being prosecuted by the
Director of Public Prosecution, a person or any authority
(3) The Director of Public Prosecution could lose his job as a result of:
(a) death;
(b) resignation;
(c) failure to discharge the functions of his office as a result of physical
or mental infirmity; or
(d) to be removed from office as a result of poor performance of his
functions.
(4) The Parlimet shall enact a law that will specify:
(a) provisions and procedures for the implementation of the authority of
the Public Prosecutor under this Constitution;
(b) provisions and procedure for removing the Director of Public
Prosecution from office; and
(c) other matters related to the Director of Public Prosecutor.
42
Chief Secretary
Cabinet Secretariat
(e) Chief Secretary

121.-(1) There shall be a Chief Secretary who shall be appointed by the
President from among senior employees in the public service with qualifications
to be appointed.
(2) The Chief Secretary shall be the Secretary to the Cabinet, Chairman
of Inter Ministerial Technical Committee, Secretary of the National Security
Council and head of the Public Service.
(3) In his capacity as Secretary to the Cabinet, the Chief Secretary shall
be the Chief Executive Officer in the office of the Cabinet, and shall discharge
the following functions in compliance with the general or specific directives
issued to him by the President, including:
(a) to work out a programme for meetings and prepare the agenda of the
Cabinet meetings;
(b) to record and keep minutes of the of the meetings;
(c) to notify and explain the decisions of the Cabinet to every person or
public institution concerned with any such decision; and
(d) to discharge any other duties and functions as directed by the
President.
(4) As head of the Public Service, the Chief Secretary shall have the
authority of providing directives from time to time in relation to the public
service.
(5) In his capacity as Secretary of the National Security Council, the
Chief Secretary shall be the Head and Coordinator of the Office of the National
Security Council.
(6) The Chief Secretary shall not assume his office until he has taken,
before the President an oath of allegiance or any such oath for the discharge of
duties of his office as may be prescribed by law.
(7) For the purpose of this Article, the term Senior Employee with
qualifications to be appointed means a person holding the position of a
Parmanent Secretary or with qualifications to become a Parmanent Secretary or
any postion equivalent to that.
(f) Execution of the Functions of the Cabinet Secretariat
122.-(1) There shall be a Cabinet Secretariat which will be responsible
for serving the cabinet and perform other duties as assigned to it by the Secretary
to the Cabinet.
(2) The Parliament may enact a law on the procedure and execution of
the functions of the Cabinet Secretariat.
(g) Regional Commissioners

There shall be a Regional Commissioner for every Region In the United Republic who
without prejudice to Sub-article (3) shall be a leader in the Government of the United
Republic.
(2) The Regional Commissioners in Tanzania Mainland shall be appointed by the
43
Presidet after consultation with the Prime Minister.

(3) The Regional Commissioners in Zanzibar shall be appointed by the
President of Zanzibar.
(4) Without prejudice to the provisions of Sub-article (5), every Regional
Commissioner, shall be responsible to oversee the implementation of all the
duties and functions of the Government of the United Republic in the Region
assigned to him; and for that purpose, he shall execute all the duties and functions
mentined by the law or as duties and functions of the Regional Commissioner in
accordance with the law and shall have all the powers mentioned by any law
enacted by Parliament.
(5) Together with his duties and powers mentioned in the above
mentioned provisions of this Article, any Zanzibar Regional Commissioner shall
execute the duties and functions of the Revolutionary Government of Zanzibar
assigned to him by the President of Zanzibar in accordance with the 1984
Zanzibar Constitution or any other law enacted by the House of Represantatives.
Local
Governments
Authority of the
Local
Governments
Leadership of
the Local
Governments
PART THREE
RESPONSIBILITIES OF THE PEOPLE
124.-(1) There shall be Local Governments in every region, municipality,
district, town and village in the United Republic which shall be of the type and
names specified by the law enacted by Parliament or the House of
Represantatives.
(2) The purpose of their existence is to decentralize power to the people
so as to avail them rights and power to participate in plans and functions aimed at
bringing about development in their areas and the whole country in general.
(3) Parliament or the House of Representatives, in what ever tha case,
shall enact laws, that among other things, shall establish structures of their
councils and their members, election procedures, authority, responsibilities and
sources of income of the Local Governments.
125. Without prejudice to the provisions of this Constitution, the Local
Governments, by observing the provisions of the laws of the country shall have
the authority to perform the following functions:
(a) to ensure the protection and security of the people and their property
in their respective areas;
(b) to provide better services to the people of the area concerned;
(c) to involve the people in planning, decide and the implementation of
their development plans; and
(d) to stregthen and use democracy to speed up the development of the
people.
126. The leadership of the local governments shall be composed of the
representatives of the people and local Government leaders shall be obtained
through an election process or appointment in accordance with the law to be
enacted by Parliament or House of Represantatives.
44
CHAPTER NINE
RELATIONSHIP AND COORDANATION OF UNION MATTERS
Union
Matters
Supervisory
ana
Coordination
Commission
Responsibilities
of the Union
Matters
Commission
127.-(1) There shall be a Commission to oversee and coordinate Union

matter which shall in short be referred to as Union Matters Commission
(2) The Union Matters Commission shall be formed by the following
members:
(a) The First Vice-President who shall be the Chairman;
(b) The Prime-Minister of the United Republic;
(c) Leader of Government Business in the House of Represantatives; and
(d) Ministers responsible for Union matters.
(3) The Chairman of the Union Matters Commission may invite any
person whom he deems fit for the pupose of clerfying some thing in the
Commision before reaching a decision.
128.-(1) The Union Matters Commission shall have a specific
responsibility to facilitate coordination and cooperation in the implementation of
the provisions of this Constitution, policy, laws, strategies and tactics between the
Government of the United Republic and the Revolutionary Government of
Zanzibar and it shall also be a special organ for the purpose of:
(a) to set up better and sustainable procedures for consultation and
cooperation between the Government of the United Republic and the
Revolutionary Government of Zanzibar;
(b) to establish a condisive environment for the purpose of coordinating
and oversee, the implementation of the Union matters for the benefit
of the welfare of all the people;
(c) to recommend and supervise the procedure that will enable the
representation of both parties of the Union on differant issues and
sphears for the purpose of promoting unity and solidarity in the
implementation of the Union matters;
(d) to promote and facilitate coordination and cooperation betwee the
Government of Zanzibar in non-union matters for the purpose of
providing propotional services to all the people;
(e) to coordinate issues of benefit to the Nation;
(f) to manage the represantation of both parties of the union in matters of
employment in the service of the United Republic; and
(g) settlement and resolution of conflicts between the Government of the
United Republic and the Revolutionary Government of Zanzibar.
(2) For the purpose of Sub-article (1)(g), where any party is not setisfied
with the decision made by the Commission, it could institute legal proceedings in
the Supreme Court and its decision shall be final.
(3) For the purpose of Sub-article (1)(f), the Union Matters Commission
shall set procedures that shall provide for the nomination of leaders and staff in
the institutions or Ministries of the union to be conductind by observing the
represantation of both sides of the Union.
(4) Parliament shall enact a law stipulating:
45
(a) procedure for the implementation of responsibilities of the

Commission;
(b) formation, structure and responsibilities of the Secretariat of the Union
Matters Commission;
(c) procedures for settlement and resolution of conflicts between the
Government of Zanzibar; and
(d) all other matters related to the Union Matters Commission.
CHAPTER TEN
PART ONE
STRUCTURE AND POWERS OF THE PARLIAMENT
Parliament
Life of
Parliament
129.-(1) There shall be a Parliament of the United Republic consisting of

two categories, The President and Members of Parliament.
(2) There shall be the following categories of Members of Parliament:
(a) members elected through electoral constituencies to be announced by
the Independent Electoral Commissioni;
(b) five members with disability to be nominated by the President from
among the people who qualify to be nominated to become members
of Parliament;
(c) not more than ten members who shall be appointed by the President
from among the people who qualify to become members of
Parliament;
(d) The Speaker if he has not been elected from among members of
Parliament; and
(e) The Attorney General.
(3) Members mentioned in Sub-article (2)(a) ahall be obtained by being
elected by the people in accordance with the provisions of this Constitution and
the law to be enacted by Parliament.
(4) Without prejudice to the provisions of this Article, the principles of
represantation in Sub-article (2)(a), shall take into account equal represantation of
male and female members of Parliament.
(5) Withour prejudice to the provisions of Sub-article (2), the total number
of all the members of the Parliament of the United Republic, elected or appointed
shall not be less than three hundred and forty and shall not be more than three
hundred and ninety.
(6) Parliament shall enact a law stipulating the procedure for the
implementation of the provisions of this Article.
130.-(1) Without prejudice to other provisions of this Constitution the life
of every Parliament, shall be a period of not more than five years.
(2) For the purpose of Sub-article (1), the words life of Parliament
means the whole period from the date the New Parliament is convened so as to
meet for the first time after the Parliamentary election and ends on the date of the
other Parliamentary election.
131.-(1) The President being part of the Parliament shall discharge all the
authority entrusted in him in accoramce with this Constitution.
46
Powers of
Parliament
Limitations of
Parliament in the
exercise of its
jurisdiction
Authority to
enact law
(2) The second category of the Parliament is the principal organ of the
United Republic with the authority, on behalf of the people, to oversee the
Government of the United Republic and all its organs in discharge of their
responsibilities in accordance with this Constitution.
(3) In discharging its functions the National Assembly shall have the
following powers:
(a) to enact a law where the implematation needs the enactment of a law;
(b) to debate and offer advice on all matters of interest to the nation and
the people of Tanzania;
(c) to ask any Minister any question on matters concerning the people in
the United Republic which are under his responsibility;
(d) to debate the allocation of funds and approve the expenditure for
ministries, institutions and parastatal organisations;
(e) to debate the performance of each Ministry during the annual budget
session;
(f) to deliberate upon and authorise any long term, medium term or short
term plan which is intended to be implemented by the Government in
(g) to delibarate upon and retify international agreements to which
theunited Republic is a party and the provisions of which require
retification; and
(h) to andorse proposals made for the nomination of leaders in accordance
with this constitution and laws of the country.
132.-(1) In exercising its authority to oversee the Government in
accordance with this Constitution, the responsibility of the Government shall be
to advise the government and where the Parliament is not satisfied with steps
taken by the Government in respect to the implementation of the issue an advise
has been given, Parliament shall have the right to make the Government
accountable in accordance with the powers vested on it in this Constitution.
(2) For the purpose of Sub-article (1), the Parliament shall not exercise
any executive measures which is normally the work of the Government, and
shall not issue any executive directives to the Government and public servants:
Except the parliament will advise on any matter under the responsibility of
the relevant Minister.
133.-(1) All the authority to enact legislation on all matters related to Union
matters and all other matters related to Tanznia Mainland shall be vested in
Parliament.
(2) Any authority to enact legislation in Zanzibar on all non-union
matters is vested in the House of Represantatives.
(3) Where any law enacted by the House of Represantatives concerns any
thing in Zanzibar which is under the jurisdiction of the Parliament that law shall
be null and void and also where any law enacted by parliamrnt concerns any thing
which is under the jurisdiction of the House of Represantatives thal law shall be
null and void.
(4) Any law enacted by Parliament on any matter shall not apply in
Zanzibar except under the following conditions:
(a) the law should clearly state that it shall apply in Tanzania Mainland
47
and in Zanzibar or it changes, ammends or repeals a law applicable in

Zanzibar;
(b) the law changes, ammends or repeals the law that was in force in the
past in Tanzania Mainland and in Zanzibar in accordance with 1964
Instrument of the Union of Tanganyika and Zanzibar, or in accordance
with any law which clearly stated that it shall apply in Tanzania
Mainland and in Zanzibar too; and
(c) the law concerns Union Matters, and where Tanzania is mentioned in
any law in should be understood that it shall apply in the United
Republic in accordance with the clerification contained in the
provisions of this article.
(5) Without prejudice to the use of the Zanzibar Constitution in
accordance with this Constitution and in relation to all matters concerning
Zanzibar which are not Union matters, this Constitution shall have legal authority
in the entire United Republic and if any other law shall violate the provisions
contained in this Constitution, the Constitution shall prevail and that other law to
the extent it violates the Constitution, shall be null and void.
Procedure for
changing the
Constitution
134.-(1) Parliament could enact a law for the purpose of altering any
provisions of this Constitution by following the following rules:
(a) The bill for the purpose of changing the provisions of this Constitution
or any provisions of a law concerning any thing except matters
concerning paragraph (b) or (c), shall be passed by a majorty of the
votes of all members of Parliament;
(b) The bill for the purpose of altering any provisions of this Constitution
or any provisions of a law concerned with any thing related to the
matters mentioned in Schedule Two, shall only be passed if it will be
supported by the votes of not less than two thirds of all the Members
of Parliament from Tanzania Mainland and two thirds of all the votes
of the Member of Parliament from Zanzibar;
(c) The bill to alter any provisions related to any thing among things
mentioned in Schedule three at the end of this Constitution, shall only
be passed if it will be supported by more than half of valid votes cast
by the people of Tanzania Mainland, and more than half of the valid
votes cast by the people of Tanzania Zanzibar during a referundum
conducted and supervised by the Independent Electoral Commission
in accordance with the law.
(2) For the purpose of constructing the provisions of Sub-article (1)
altering the provisions of this Constitution shall be understood to including
modification or to correction of those provisions and repeal and replacemet of
those provisions or the re-enactment or modification of the application of those
provisions.
135.-(1) The Parliament shall exercise its legislative powers through the
process of debating and passing bills.
48
Legislative
procedure
Procedure for
legislation in
financial matters
(2) Without prejudice to the provisions of Sub-article (3), a Bill could be

written by the Government, Parliamentary Committee, a group of members of
Parlianent or a Member of Parliament.
(3) While writing a Bill, the Government of the United Republic, a
Parlimentary Committee, a group of members of Parliament or a Member of
Parliament shall ensure that it involves the people for the purpose of obtaining
views and recomandations on the bill.
(4) Without prejudice to the provisions of Article 134, a bill shall be
considered as passed by Parliament if it is supported by a majority of votes of all
the Members of Parliament.
(5) The National Assembly shall write Standing Orders that will lay out
procedures:
(a) to table, to debate and pass a bill; and
(b) better implementation of provisions of Sub-article (3).
136.-(1) the National Assembly shall not deal with any of the matters to
which this Article relates except if the President has proposed that the matter be
dealt with with by the National Assembly and the proposal of the president has
been submitted to the National Assembly by a Minister.
(2) The matters to which this Article relates are the following:
(a) a bill to enact a law prividing for any of the following
(i) to levy a tax or to alter taxation otherwise than by reduction;
(ii) the imposition of any charges upon the Consolidated Fund or any
other public fund or the alteration of any such charge otherwise
than by reduction;
(b) to instruct that paymenr of or expenditure to be charged from the
Consolidated Fund or any orher Government Fund while it is
understood that money available in those funds was not was not
meantvfor thatb payment or expenditure, or to instruct that payments
or expenditure charged on those funds be increased;
(c) cancelation or remission any debt due or payable to the Government
of the United Republic; or
(d) a motion or any amendment of a motion for the purpose of any of the
mattres referred to in paragraph (a).
Powers of the
President
in
relation to a bill
137.-(1) Without prejudice to other provisions contained in this

Constitution, The National Assembly shall use its legislative powers by following
the process of debating and passing bills, and a bill shall not become law until it is
passed by Parliament and assented by the President in accordance with the
provision of this Article.
(2) A bill presented to the President for his assent shall be signed by the
President within not more than thirty daysfrom the day that bill was presented and
received by the Secretary to the cabinet
49
Approval of the
Government
Budget
After the bill is presented to the President for his assent, The President may either
assent the bill or withhold his assent, and in the event the President withholds his
assent to a bill, he shall return it to the National Assembly together with a
statement of his reason for withholding his assent to the bill.
(3) After a bill is returned to the National Assembly by the President
pursuant to the provisions of this Article, it shall not be presented again to the
President for his assent before the expiration of sixty days since it was rerutned to
the Parliament.
(4) Where after being debated again in the National Assembly before it is
again presented to the President, a bill returned to the National Assembly by the
President is supported by not less than two-thirds of all members of Parliament,
the bill could be presented to the President earlier.
(5) Where a bill returned to the National Assembly by the President,
while debated, it is supported by not less than two-third of all Members of
Parliament and it is presented the second time to the President for assent, the
President shall be obliged to sign and assent the bill in question before the
expiration of six months, and in the event that the period of six months has
expired since the bill was returned for the second time to the President without
the President signing it, the President shall be obliged to assent the bill and if not
he shall be obliged to desolve the Parliament.
138.-(1) Where the National Assembly is not satisfied with the motion
related to the Government Budget the National Assembly may return the motion
related to the government budget together with specific proposal related to the
shortfalls observed.
(2) The Government shall be obliged to work on the proposals made by
the National Assembly to the best of their ability and present for the second time
the relevant motion to the National Assembly with the explanation on the
implemantation of directives of the National Assembly and where the National
Assembly shall for the second time reject the motion the President shall desolve
the Parliament and call for a General Election.
PART TWO - MEMBERS OF PARLIAMENT
Election of
Members of
Parliament
Qualifications for
member of
Parliament
139.-(1) After the Parliament has concluded the period of its life, there shall be a
parliamentary election in the constituencies as it shall be announced by the
Independentet Electoral Commission and shall be conducted in accordance with
the law.
(2) There shall be held an election of a member of parliament in a
constituency if a seat of the Member of Parliament elected to represent a
constituency falls vacant for any other reason which is not connected to
Parliament concluding its period.
(3) Where the date on which the Parliament concludes its period is
proclaimed or is known, there shall be no bi-election of a Member of Parliament
in accordance with Sub-article (2) within the period of twelve months before
that date.
140.-(1) Without prejudice to the provisions contained in this Article,
every person shall qualify to be elected or to be nominated to become a member
of Parliament if :
50
(a) is a citizen of the United Republic who has attained the age of twety
Procedure of
parliamentar
y election
Oath and terms for

Members of
Parliament
Losing
qualifications of
a Member of
Parliament
one years at the time of his contesting;

(b) he can read and write in Kiswahili or English; and
(c) is a mameber ptoposed by a political party or a private candidate.
(2) a person shall not qualify to contest or for election as Member of
Parliament; if
(a) he has been formerly certified by a Medical Board that he is of
sound mind;
(b) he has been convicted by any court in the United Republic and
sentenced to death or to a term of imprisonment exeeding six months
for any offence involving tax avation.
(c) within five years preceding the date of a general election such person
has been convicted and sentenced to imprisonment for an offence
involving dishonesty or for contravaning the law concerning ethics
of public leaders.
(3) Parliament may enact a law making provisions disqualifying a person
from being elected member of Parliament represanting a constituency if such a
person holds an office whose functions involve the conduct of, or supervision
over the election of Members of Parliament or the registration of voters for the
election of Members of Parliament.
(4) For the purpose of giving an opportunity to appeal to any person:
(a) who has been formerly certified as being of an unsound mind;
(b) who has been convixted and sentenced to death or imprisonment; or
(c) who has been found guilty of any offence specified under the law in
accordance with Sub-article (2),
the state authority shall institute a legal procedure for the purpose of setting
conditions that the sentenced challenged shall not have force for the purpose of
implemanting the provisions of Sub-article (2) until the time mentioned by the
law expires.
141.-(1) Members of Parliament representing constituencies shall be
elected by the people in accordance with the provisions of this Constitution and
also the provision of the law in accordance with this Constitution that set
conditions for perliamentary election.
(2) Election candidates from the constituencies shall be required to
submit their names to the Independent Electoral Commission in accordance with
the procedure set by the law.
142.-(1) Every Member of Parliament shall be sworn an oath of
allegiance by the Speaker in parliament before commencing to take part in the
business of the National Assembly, save that he may take part in the election of
the Speaker even before taking that oath.
(2) A Member of Parliament shall hold office in accordance with this
Constitution, and shall be paid salary, allowace and other remuneration in
accordance with the law.
143.-(1) a Member of Parliament shall cease to be a Member of
Parliament upon the occurrence of any of the following matters:
51
(a) any thing which had he not been a Member of Parliamente would
Determination of
a question if one
is a Member of
Parliament
Formal
declaration of
the Member of
Parliament on
assests
and
liabilities
have disqualified him from election or appointment in accordance

with the provisions of this Constitutioni;
(b) fails to attend one meeting of Parliament without the permission of
the Speaker;
(c) it is established that he has contravened the provisions of the law
concerning the ethics of public leaders;
(d) he shall be unable to discharge the functions of a Member of
Parliament for six consecutive months due to detention in prison;
(e) he fails to make formal statement regarding qualifications for being a
Member of Parliament or a formal statement of property in
accordance with the provisions of this Constitution within the period
prescribed for that purpose by law;
(f) he resigns as Member of Parliament;
(g) he volutarily withdraws his membership from his political party, he
is expelled or his memership withdrawn by his political party;
(h) A Member of Parliament who was a private candidate shall join any
politicak party;
(i) He shall be removed from office in accordance with the provisions of
this Constitutioni; or
(j) he dies.
(2) a Member of Parliament can institute proceedings in court to
challenge the decision of his being confirmed as being mentally sick or to
challenge his dismissal or to have the membership of his political party
withdrawn or for being convicted for an offence of the type mentioned in Subarticle (1).
144.-(1) Every proceeding for the purpose of determining the question
whether :
(a) the election of a Member of Parliament was valid or not; or
(b) a Member of Parliament has ceased and his seat in Parliament is
vacant or not,
shall be instituted and heard first in the High Court.
(2) Parliament may enact a law proving for following:
(a) persons who may institute in the High Court seeking for the
determination on any question in accordance with the provisions of
this Article;
(b) the grounds and times for instituting such proceedings, procedure for instituting
proceedings and conditions which have to be fulfilled in respect of every such
proceeding; and
(c) prescribing the powers of the High Court over such proceedings.
145.-(1) Every Member of Parliament shall be required before the expiry of thirty days
since taking oath as Member of Parliament to submit to the Leadership Ethics Committee two
copies of a formal declaration on assets and liabilities in accordance with the provisions of this
Constitution.
(2)
The formal declaration mentioned in Sub-article(1),
Shall be made in a special form prescribed in accordance with law.
52
PART THREE
LEADERSHIP OF THE PARLIAMENT
Speaker and his
powers
Limitation of
powers of Speaker
Deputy
Speaker
146.-(1) There shall be a Speaker of the National Assembly who shall be

elected by Manbers of Parliament from among the people who Members of
Parliament or with qualifications of becoming Members of Parliamentand shall
be the leader of the National Assembly and shall represent the National
Assembly in the organs and all other meetings outside the National Assembly.
(2) Minister, Deputy Minister or a person holding any other office
prescribed by a law for the purpose of this Article, shall not be elected Speaker.
(3) Any person elected Speaker shall be required, before the expiration
of fifteen days of his election, to submit to the President a formal declaration
that he has not lost the qualifications for election in accordance with the
provisions of this Constitution and the Declaration shall be made in a special
form prescribed in accordance with the law enacted by Parliament.
147.-(1) The Speaker shall cease to be Speaker if:
(a) any thing hapens which had he not been a Speaker would disqualify
such person from election or make him lose the qualifications for
being elected Speaker;
(b) he is removed from the office of Speaker by a Resolution of the
National Assembly supported by not less than two-thirds of all the
Members of Parliament;
(c) he fails to submit a formal statement regarding his assets and
liabilities in accordance with the provisions of this Constitution;
(d) he is convicted of the offence of perjury, contrary to the law
concerning any formal declaration submited in accordance with the
provisions of this Constitution;
(e) he fails to submit a statement regarding his assets and liabilities in
accordance with the provisions of this Constitution before the
expiration of the period stipulated for that purpose;
(f) it is proved that, that person has contravened the provisions of the
law concerning the ethics of public leaders;
(g) he resigns; or
(h) he diesnia.
(2) No business other than the election of the Speaker shall be conducted
in the national Assembly while the office of Speaker is vacant except the
business of electing the Speaker.
148.-(1) There shall be a Deputy Speaker of the National Assembly who
shall be elected by Members of Parliament from among theselves.
(2) Minister, Deputy Minister, or a person holding any other office
prescribed by a law for the purpose of this Article, shall not be elected Deouty
Speaker.
(3) Members of Parliament shall elect a Deputy Speaker on the following
occassions:
(a) when the National Assembly meets for the first time folloeing
5
3
the General Election or as soon as possible there after; and

(b) at the first meeting of the National Assembly after the office of the
Deputy Speaker falls vacant for any reason not connected with the
dissolution of Parliament or as soon as possible after that sitting.
(4) The Deputy Speaker shall cease to be Deputy Speaker upon the
occurrence of any of the events stipulated in Aeticle 147(1).
149. A person shall be capable to be elected to become Speaker or
Deputy
Speaker if at the time he is contesting he shall be be not less than forty
Qualifications for
years
and
not more than seventy years.
election of a person
capable to be
150.-(1) There shall be held an election of the Speaker at the first sitting
elected to become
of the first meeting of new National Assembly, and at any first sitting
Speaker or Deputy
immediately after the occurrence of a vacancy in the office of Speaker.
Speaker
(2) There shall be held an election of the Deputy Speaker at any time
during the first meeting of the new National Assembly and also during the first
Procedure of
election and oath
sitting of the National Assembly that follows immediately after the office of
of Speaker and
Deputy Speaker falls vacant.
Deputy Speaker
(3) The election of Speaker and Deputy Speaker shall be by secret ballot,
and shall be conducted in accordance with the procedure prescribed by the
Standing Orders of the National Assembly.
(4) The Speaker and Deputy Speaker shall be elected on condition that
in the event that the Speaker comes from one side of the United Republic,
Deputy Speaker shall come from the other side of the United Republic.
(5) Only if he relinquish his office, the Speaker and Deputy Speaker
shall stay in office for a period of not more than two five year term.
(6) Any person elected to become Speaker or Deputy Speaker, before
assuming his office shall be required to take an oath allegience.
Clerk of the National 151-(1) There shall be a Clerk of the National Assembly who shall be
Assembly
appointed by the President.
(2) The Clerk of the National Assembly shall be the Chief Executive in the
Office of the National Assembly and shall be responsible for the efficient
discharge of the business of the Parliament in conformity with the
Secretariat of
provisions of this Constitution and the law.
the National
Assembly
152.-(1) There shall be a Secretariat of the National Assembly that shall
consist of officers from both sides of the United Republic considering
professional qualifications and the levels of service according to the
requirements of the business of Parliament as may be determined by the
Parliamentary Service Commission.
(2) The Secretariat of the National Assembly under the leadeship of the
Clerk of the National Assembly, shall discharge all the duties and functions
prescribed or as may be necessary for the pupose of ensuring the efficient
discharge of the business of the National Assembly, Members of the National
Assembly and the office of the National Assembly.
5
4
PART FOUR
PROCEDURE IN THE NATIONAL ASSEMBLY
Standing Orders of
the National
Assembly
President to
address the
National
Assembly
Meetings of the
National
Assembly
Presiding at
sittings of the
National
Assembly
Quorum at the
sittings of the
National Assembly
Standing Committees
Of the National
Assembly
153. Without prejudice to the provisions of this Constitution, the National

Assembly shall make Stading Orders for the purpose of prescribing procedure for
the conduct of of its business.
154 (1) The President shall address the new National Assembly at its first meeting
and inaugurate it.
(2) Without prejudice to the provisions of Sub-article (1) the President may at
any time, address the National Assembly or send to the House a communication
which shall be read by the Prime Minister.
155.-(1) The National Assembly shall hold its meetings at the place where it is
customary to hold such meetings or at any other place in the United Republic that
shall be mentioned by the Speaker for that purpose.
(2) The First Meeting of the New National Assembly in the life of the
Parliament shall be summoned by the President of the United Republic and shall
commence on the day for which National Assembly is summoned to meet, and
every subsequent meeting shall commence on such date as may be specified by
the National Assembly or any day that shall be appointed in accordance with the
Standing Orders of the National Assembly.
(3) The President may, at any time summon a meeting of the National
Assembly in accordance with the provisions of this Constitution.
156. Every sitting of the National Assembly shall be presided over by any
one of the following persons:
(a) The Speaker;
(b) If the Speaker is absent, the Deputy Speaker; or
(c) If both Speaker and Deputy Speaker are absent, any Member of
Parliament who has been elected by the Parliament for that purpose.
157.-(1) The quorum at every sitting of the National Assembly shall be
half of all the Members of Parliament, except where it is provided otherwise in
this Constitution.
(2) Every question proposed for decision in the National Assembly shall
be determined by a majority of the votes of the Members of Parliament present
and voting, except for questions under specific provisions under this Constitution.
158-(1) The National Assembly may establish various standing Committees
as it may deem appropriate for the batter discharge of its functions.
(2)The Standing Orders of the National Assembly may provide for the
composition and functions of the Standing Committees established pursuant
to the provisions of this Article.
55
Freedom of
discussion
in
Parliamenti
PART FIVE
POWERS AND PRIVILEGES OF PARLIAMENT
159.-(1) While in Parliament, Members of the National Assembly shall be
free to express their thoughts, opinion and discuss and procedures to be observed
in Parliament, and that freedom shall not be violated or questioned by any organ
in the United Republic, or in court or any other place outside the Parliament.
(2) Without prejudice to the provisions of this Constitution or any other
relevant law, no Member of Parliament shall be charged or have any proceeding
instituted against him in court for a civil offence following any statement he has
made or what he has done inside the Parliament or any matter he has moved in
Parliament in a way of request, bill, motion or otherwise.
(3) The National Assembly can enact a law providing for provisions
enabling the court and the law to protect and emphasize on the freedom of
opinion, discussion and business procedure in Parliament which in accordance
with this Article shall be gwarateed by this Constitution.
PART SIX
PARLIAMENTARY SERVICE COMMISSION AND
PARLIAMENTARY FUND
(a) Parliamentaery Service Commission
Parliamentary
Service
Commission
160.-(1) There shall be the Parliamentary Service Commission which

shall consist of the following members:
(a) The Speaker of the National Assembly who shall be the Chairman;
(b) The Deputy Speaker who shall be the Vice-Chairman;
(c) Minister responsible for the Parliament;
(d) Five members of the Parliament of the United Republic taking into
account the represantation of the two arts of the Union; and
(e) Leader of the Opposition Camp in Parliament.
(2) Clerk of the National Assembly shall be the Secretary of the
Parliamentary Service Commission.
(3) The Commission may invite any other person with special experience
to participate during any sitting of the Commission, save that that person shall not
have the right to vote.
(4) The National Assembly may enact a law which among other things
shall specify the procedure for obtaining members of the Parliamentary Service
Commission and the responsibilities of that Commission.
Responsibilities of
the Parliamentary
service
Commission
161.-(1) The Parliamentary Service Commission shall be responsible to

promote, facilitate and to ensure the successful and transparent implemantation of
the functions of the Parliament.
(2) The National Assembly shall enact a law stipulating provisions for the
implematation of the responsibilities of the Parliamentary Service Commission.
56
Parliamentary
Fund
( c ) Parliamentary Fund
162 (1) There will be the Parliamentary Fund of the United Republic which shall
be
under the Clerk of the National Assembly.
(2) The Parliamentary Fund shall be used to meet the administrative coasts, together with other
important functions in the promotion of the responsibilities of the Parliament.
(3)The Government shall ensure that during every annual budget, it allocates
sufficient funds as the situation may allow, money that shall be deposited in the
Parliamentary Fund.
(4) The National Assembly shall enact a law that will stipulate the provisions on
the operation of the Parliamentary Fund.
CHAPTER ELEVEN
THE REVOLUTIONARY GOVERNMENT OF ZANZIBAR, THE ZANZIBAR
REVOLUTIONARY COUNCIL AND THE ZANZIBAR HOUSE OF
REPRESANTATIVES
(a)
The
Revolutionary
Government
of Zanzibar
and its
authority
The President of
Zanzibar and his
authority
PART ONE
The Revolutionary Government of Zanzibar
163.-(1) There shall be the Revolutionary Government of Zanzibar to be

known as The Revolutionary Government of Zanzibar which shall have
jurisdiction in Zanzibar on all non-union matters in accordance with the
(2) Without prejudice to the provisions of this Article and the Articles that
follow in this Chapter, the Revolutionary government of Zanzibar shall be formed
and exercise its powers in accordance with the provisions of this Constitution and
the Zanzibar Constitution of 1984.
(b) The President of Zanzibar
164.-(1) There shall be the President of Zanzibar who will be the supreme
leader of the Revolutionary Government of Zanzibar and Chairman of the
Zanzibar Revolutionary Council who will be elected in accordance with
Zanzibar Constitution of 1984.
(2) The President of Zanzibar, before assuming his office shall take an
oath before the Chief Justice of Zanzibar an oath to safeguard and defend the
Constitution of the United Republic, and any other oath in accordance with the
Constitution of Zanzibar in relation to the discharge of the functions of his
office, then he shall hold and exercise those powers in accordance with this
Constitution and the Zanzibar Constitution of 1984.
(c) The Zanzibar Revolutionary Council
Zanzibar
Revolutionary
Council and its
functions
165.-(1) There shall be the Zanzibar Revolutionary Council which shall

have members of the type and number that shall be determined in accordance
with the provisions of the Zanzibar Constitution of 1984.
5
7
The Zanzibar
House of
Represantative
s
Formation of the
Judiciary of the
United Republic
Principles of
dispensation of
justice
Freedom
of the
Judiciary
(2) Without prejudice to the powers of the Chairman of the Revolutionary

Council as the President of the Revolutionary Government of Zanzibar, the
Revolutionary Council shall be the supreme organ to assist and advise the
President of Zanzibar on matters related to the Revolutionary Government of
Zanzibar and to coordinate the implemantation of the functions of the
Revolutionary Government of Zanzibar and also the execution of his powers on
the functions of the Revolutionary Government of Zanzibar on all non-union
matters, in accordance with the provisions of this Constitution and those of the
Zanzibar Constitution of 1984.
PART TWO
THE ZANZIBAR HOUSE OF REPRESANTATIVES
166.-(1) There shall be the Zanzibar House of Represantatives as it may
be formed in accordance with the Zanzibar Constitution of 1984.
(2) All legislative powers in Zanzibar on all matters which are non-union
matters shall be vested in the hands of the Zanzibar House of represantatives.
CHAPTER TWELVE
PART ONE
PRINCIPLES OF DISPENSATION OF JUSTICE AND FREEDOM OF THE
JUDICIARY
167.-(1) There shall be the Judiciary of the United Republic.
(2) The Juduciery of the United Republic in accordance with this
Constitution and any other laws, shall exercise its authority through the High
Court and the Court of Appeal.
(3) The Judiciary of the United Republic shall be an organ with final
authority for the dispensatrion of justice in the United Republic.
168. In delivering verdict in matters of civil and criminal nature in compliance
with the law, the judiciary of the United Republic shall observe the following
principles:
(a) to do justice to all without any discrimination;
(b) not to daly the dispensation of justice without reasonable ground;
(c) to award reasonable compensation to victims of wrong doings
committed by other persons, and in accordance with the law
specifically enacted for that purpose;
(d) to promote resolution of conflicts between those involved in those
conflicts; and
(e) to do justice without being tied up by technical provisions that may
obstruct justice.
169.-(1) In exercising powers of dispensing justice, all courts shall be guided by
the provisions of this Constitution and shall not be interfered with or controlled,
pressurised or given directives by any person or organ.
58
(2) The position of the office of High Court Judge, Court of Appeal or
High Court of the United Republic shall not be abolished at any time, if at that
time there is a person holding that position.
(3) Salaries and other remunarations of the High Court Judges, Court of
Appeal and the High Court of the United Republic shall be paid from the
Consolidated Fund.
(4) Salary and other remunarations payable to the High Court Judge,
Court of Appeal or the High Court of the United Republic shall not be altered by
way of reducing the benefits of a judge in question.
(5) Retirement benefits of a High Court Judge, Court of Appeal or the
High Court of the United Republic shall not be altered by way of reducing the
benefits of a judge in question during any time of his life.
(6) A High Court Judge, Court of Appeal, High Court of the United
Republic or the High Court of Zanzibar shall not be charged for any thing he has
done or has not done in good faith, while discharging his function of dispencing
justice in accordance with this Constitution and laws of the country.
PART TWO
STRUCTURE OF THE JUDICIARY
(a) Court of the United Republic
Stucture of the
Judiciary
170.-(1) Without prejudice to any preceding provisions in this part, there

shall be the following structure of the Judiciary in the United Republic:
(a) The High Court;
(b) The Court of Appeal; and
(c) The High Ciourt of the United Republic.
law enacted by Parliament, if any law enacted by Parliament applicable in
Tanzania Mainland as well as in Zanzibar has entrusted any powers to the High
Court of the United Republic, therefore, the High Court of Zanzibar can exercise
that authority at the same lavel as the High Court of the United Republic.
(b) High Court of the United Republic
The High Court
171. There shall be the High Court of the United Republic or in short
The High Court which shall consist of:
(a) Chief Justice of the United Republic who shall be the President of the
Hagh Court;
(b) Deputy Chief Justice of the United Republic who shall be the VicePresident of the High Court; and
(c) Other High Court Judges who shall be not less than seven.
Quoram of the sitting

of the Judges of the
172.-(1) Quoram of the sitting of the High Court shall be five High Court
Judges
59
High Court
.
(2) Every proceeding and appeal that requires the determination of the
High Court shall be determined by a majority of pronouncements of the Judges of
the High Court who heard that proceeding.
Jurisdiction of the
High Court
Jurisdiction of the
High Court Judge
173.-(1) The High Court shall be the final appelate Court in the United
Republic and shall have:
(a) exclusive and original authority to:
(i) hear and determin matters relating to to the results of the election
of the Presidentof the United Republic;
(ii) hear and determin on proceedings instituted by the Government
of the United Republic or the Revolutionary Government of
Zanzibar on the interpretation or implementation of this
Constitution; and
(iii) resolve proceedings to be instituted by the Government of the
United Republic or the Revolutionary Government of Zanzibar
on the implemantation of this Constitution;
(b) hear and determin on appeals from the Court of Appeal;
(c) provide advise to the Government of the United Republic or the
Revolutionary Government of Zanzibar, when required; and
(d) to hear and determin any proceedings presented before it in
accordance wuith this Constitution or any other law that will bestow
such popup to the court.
(2) The Court of Appeal, the High Court of the United Republic and the
High Court of Zanzibar, shall be obliged to adhere to the decision of the High
Court.
(3) Notwithstanding the provisions of Sub-article (2), the High Court
shall not be bounded by its earlier decision.
(4) The National Assembly shall enact a law setting extra procedures on
the administration of the High Court.
(5) The High Court shall prepare rules for the purpose of discharging its
authority.
174.-(1) A High Court Judge shall have the jurisdiction to hear and
determin on any proceeding before the High Court.
(2) Notwithstanding the provisions of Sub-article (1), where a High Court
Judge, before his appointment was a Justice of Appeal or the High Court of the
United Republic or the High Court of Zanzibar, such judge could continue
performing his functions from the court where he comes from until he completes
the preparation and delivery of of the decision or until he completes any other
businessin connection with matters which he had started hearing before his
appointment as a High Court Judge.
(3) Subject to te provision of of sub-article (2), it will be legal for the
High Court Judge to pass judgment or any other relevant ruling by using and
mentioning the office he was holding before his appointment as a High Court
Judge and in the event that that judgment or ruling is challenged by way of appeal
that shall be lodged at the High Court ,
60
that Judge shall not have the authority to listen to that appeal.
(c) Appointment of High Court Judge
Appointment
of Chief
Justice
175.-(1) the Chief Justice shall be appointed by the President from a list
of the names of three people proposed by the Judicial Service Commission.
(2) The Chief Justice shall be the head of the Judiciary Pillar in the United
Republic.
(3) A person could be appointed to become Chief Justice if he has
reached the age of forty five years or more with a reputation of a person with
integrity and honesty in the execution of his responsibilities and should be:
(a) A citizen of the United Republic by birth;
(b) With a degree in law from a university recognised by an authority
responsible for higher education in the united republic;and
( i ) he must have worked as a judge in a High Court, Court of Appeal,
High Court of the United Republic or the High Court of Zanzibar; or
( ii ) has worked in the public services in the United Republic or has an
experience with qualifications for enrolment as an advocateand has
possessed those qualifications continuously for a period of not less than
twenty years
Appointment of
Deputy Chief
Justice
Appointment of
Judge of the High
Court
176.-(1) Deputy Chief Justice shall be appointed by the President from a

list of the names of three people proposed by the Judicial Service Commission.
(2) A person shall be appointed to become Deputy Chief Justice if he has
the qualification stipulated in Article 175.
(3) Deputy Chief Justice shall be the principal assistant of the Chief
Justice in the discharge of his responsibilities.
177.-(1) Judge of the High Court shall be appointed by the President from
among the names proposed by the Judicial Service Commission.
(2) A person could be appointed to become Judge of the High Court if he
has reached the age of foty five years or more with the reputation of being a
person of integrity and honesty in the dischage of his responsibilities and should
be:
(a) A citizen of the United Republic by birth;
(b) With a degree in law from a university recognised by an authority
responsible for higher education in ythe Unuted Republic; and
(i) He must have worked as a Judge in the Court of Appeal or the
High Court; or
(ii) He is an advocate, in the public service or an academician with
the qualifications for enrolment as an advocate and has
possessed those qualifications continuously for a period of not
less than fifteen years. t
61
Oath of the High

Court Judge
Tenure of office of
the Chief Justice
Procedure for
assuming acting
position of the
High Court Judge
178. Chief Justice, Deputy Chief Justice or High Court Judge shall assume
office soon after he has been sworn in by the President an oath of allegiance and
any other oath related to the discharge of his functions as may be prescribed by
the law.
179.-(1) Chief justice shall hold office until he attains the age of seventy
years, save only if:
(a) he resigns;
(b) he is unable to discharge the functions of his office bacause of illness;
(c) he dies; or
(d) he shall be removed from the office of Chief Justice in accordance
with this Constitution.
(2) Provisions of Sub-article (1) shall also apply to the Deputy Chief
Justice and High Court Judge.
(3) Without prejudice to the provisions of Sub-article (1) and (2), Chief
Justice, Deputy Chief Justice and High Court Judge who has attained the age of
retirement shall be obliged to continue to perform the functions of that office
after attaining that age until he completes the preparation and delivery of the
decision or until he completes any other business in connection with the matter he
had started hearing before attaining the retirement age.
(4) Without prejudice to Sub-article (3), Chief Justice or Deputy Chief
Justice who has attained the age of retirement, shall cease to perform the
functions of his office, except he shall continue to perform the functions that he
has not completed while in the office of the High Court judge until he completes
those functions.
180.-(1) In the event that:
(a) The office of chief Justice falls vacant;
(b) Chief Justice is not in the United Republic; or
(c) Chief Justice shall fail to discharge his functions for any reason
stipulated in this Constitution,
(d) Deputy Chief Justice shall perform the functions of the Chief Justice
until another Chief Justice is appointed or until the Chief Justice who
was absent or could not discharge his functions returns to work.
(2) In the event that the office of the Judge of the High Court falls vacant
or any judge of the high court has been appointed to perform the functions of
Deputy Chief Justice or if a Judge of the High Court fails do discharge his
functions for any reason, or the chief Justice shall advise the President the state of
business then obtained in the Hih Court require the appointmet of an Acting
Judge of the High Court, the President may appoint an Acting Judge of the High
Court from among the people who could be appointed to become Judges of the
High Court to be proposed by the Judicial Service Commission.
(3) A person appointed to become Acting Judge of the High Court shall
work as Acting Judge of the High Courtfor all the period mentioned in his
certificate of appointment.
(4) Notwithstanding the provisions of Sub-article (2), a person appointed
to become Acting judge of the High Court shall continue to work as Acting Judge
62
Procedure relating
to discipline of
Judges of the High
Court
of the High Court until he completes the preparation and delivery of the decision
or until he completes any other business in connection with appeal or other
matters which he had started hearing before the period of his appointment expires
or his appointment revoked.
(5) For the purpose of the provisions of this Article, Acting Judge of the
High Court shall have all the authority of the Judge of the High Court and shall
discharge all the functions of the judge of the High Court and that the number of
Judges of the HighCourt mentioned in Article 172 shall not be effected only
because one or more of the Judges of the High Court in any sitting is an Acting
Judge of the High Court.
181.-(1) A judge of the High Court may be removed from office for
inability to perform the functions of his office either due to physical or mental
illness or to any other reason or for behavior inconsistent with the ethicsof office
of Judgeor with the law concerning the ethics of public leaders, and he shall not
be removedexcept in accordance with the provisions of Sub-article (2).
(2) Where the President considers that the question of removal of Judge
from office need to be investigated, then the procedure shall be as follows:
(a) The President shall, after consultation with the Chief Justice, suspend
that judge from office;
(b) The President shall appoint a Tribunal which shall consist of a
Chairman and not less than two other members, and at least half of
those members must be persons who are Judges of the High Court or
Justices of Appeal in any country within the the Commonwealth; and
(c) The Tribunal shall investigate that matter and make a report to the
President on that matter and shall advise him whether the Judge
concerned should be removed from office in accordance with the
provisions of this Article on the grounds of inabiluty to perform his
functions due to illness or any other reason or on grounds of
misbehaviour.
(3) A Judge suspended fron duty in accordance with the provisions of
Sub-article (2), shall continueto ba paid salary and all his other benefits until that
Judge is removed from office by the President under the provisions of Sub-article
(4).
(4) Where the Tribunal appointed in accordance with the provisions of
Sub-article (2) advise the President that the Judge subject of
investigation by the Tribunal be removed from office on grounds of
inability to perform functions due to illness or any other reason, the President
shall remove the Judge from office and his service shall cease.
(5) Where the Tribunal appointed in accordance with the provisions of
Sub-article
(2) Shall advise the President that the Judge subject of the investigation by the
tribunal should not be removed from office, the President shall revoke the
decision of suspending him from office and hid serviceshall continue.
(6) The provisions of this Article shall not apply to persons appointed to
act in the position of a Judge..
6
3
(d) The Court of Appeal of the United Republic

The Court of
Appeal
182.-(1) There shall be the Court of Appeal of the United Republic to be

referred to in short The Court of Appeal which shall consist of:
(a) The Chairnan of the Court of Appeal;
(b) Vice-Chairman of the Court of Appeal; and
(c) Other Jugges who shall be not less than seventeen.
(2) Justice of Appeal shall be appointed according to qualifications to be
specified in this Constitution and the representation of each side of the United
Republic.
(3) The National Assembly shall enact a law that will make provisions
stipulating procedure for lodging appeals in the Court of Appeal.
Quoram for
sittings of Court of
Appeal
183.-(1) Quoram of every sitting of the Court of Appeal shall be three

Justices of Appeal.
(2) Every proceeding that requires the determination of the Court of
Appeal shall be determined by the prononcement of the majority of the justices of
Appeal who heard the relevant proceedind.
Jurisdiction of
the Court of
Appeal
184.-(1) The Court of Appeal shall have the jurisdiction:

(a) to hear and determin the appeal lodged in the Court of Appeal arising
from any judgement or decision of the High Court of the United
Republic or the High Court of Zanzibar or any other lower court with
special jurisdiction to hear proceedings which are normally heard by
the High Court;
(b) to revise the decisions of the High Court of the United Republic or the
High Court of Zanzibar or any other lower court with special
jurusdiction to hear proceedings which are normally heard by the High
Court; and
(c) to do any other thing as may be stipulated by an act passed by
Parliament.
(2) Parliament shall enact a law that shall make more provisions on the
administration of the Court of Appeal.
Powers of
the Justice
of Appeal
185.-(1) The Justice of Appeal shall have the power to hear and determin
on any appeal in the Court of Appeal.
(2) Notwithstanding the provisions of Sub-article (1), where a Jusitice of
Appeal, before his appointment was a Judge of the High Court of the United
Republic or the High Court of Zanzibar, that judge may continue working in the
court where he comes from until he completes the preparation and delivery of
decision or until he completes any other business in connection with the
proceeding which he had started before his appointment as a Justice of a Court of
Appeal.
64
(3) Subject to the provision of Sub-article (2), it will be legal for the Justice of the
Court of Appeal to deliver judgement or any other relevant ruling by using and
mentioning the office he was holding before his appointment as Justice of the
Court of Appeal and in the event that that judgement or ruling is challenged by
way of an appeal that shall be brought at the Court of Appeal, that Judge shall not
have the authority to hear that appeal.
(e) Appointment of the Justice of the Court of Appeal
Appointment of
the Chairman of
the Court of
Appeal
Appointment of
the ViceChairman of the
Court of Appeal
Appointment of
the Justice of
Appeal
186.-(1) There shall be the Chairman of the Court of Appeal who shall be
appointed by the President from a list of the names of three people proposed by
the Judicial Service Commission.
(2) The Chairman of the Court of Appeal shall be the head of the Court of
Appeal and the assistant of the Chief Justice in the discharge of functions in the
Court of Appeal, and in that capacity, the Chairman of the Court of Appeal shall
perform functions and duties assigned to him from time to time by the Chief
Justice.
(3) A person may be appointed to become Chairman of the Court of
Appeal if he has attained the age of forty five years or more with the
qualifications of being a person of integrity and honesty in the discharge of his
responsibilities and:
(a) he is a citizen of the United Republic of Tanzania by birth with good
conduct, integrity and honesty;
(b) with a degree in law from a University recognised by an authority
responsible for higher education in the United Republic; and
(i) he must have worked as a Judge in the high Court of the United
Republic or the High Court of Zanzibar; or
(ii) he is an advocate, in the public service or an academicion with
the qualifications for enrolment as an advocate and has held
those qualifications continuously for a period of not less than
fifteen years.
187.-(1) The Vice-Chairman of the Court of Appeal shall be appointed by
the President from the list of the names of three people proposed by the Judicial
Service Commission and shall be the pricipal assistant of the Chairman of the
Court of Appeal.
(2) A person shall be appointed to become Vice-Chairman of the Court of
Appeal if he has qualifications stipulated in Article 186(3).
188.-(1) A Justice of Appeal shall be appointed by the President from
among the names proposed by the Judicial Service Commission.
(2) A person could be appointed to become a Justice of Appeal if he has
the qualifications stipulated in Article 186(3).
189. The Chairman of the Court of Appeal, Vice-Chairman or Justice
Oath of Justice of
Appeal
65
Tenure of
office for
Chairman,
Vice-Chairman
and Justice of
Appeal
Procedure of
assuming acting
position of the
Chairman of the
Court of Appeal
of the Court of Appeal shall assume his office soon after he has been sworn in by
the President the oath of allegience and such other oath concerning the discharge
of duties as may be prescribed in accordance with the law.
190.-(1) Chairman or Vice-Chairman of the Court of Appeal shall hold
that office office until he attains the age of seventy years, save only if:
(a) he resigns;
(b) he is unable to discharge his functions due to illness;
(c) he shall be removed from office of Chairman of the Court of Appeal
in accordance with this Constitution; or
(d) he dies.
(2) A Justice of Appeal who has attained the age of retirement shall be
obliged to continue working after attaining that age until he completes the
preparation and delivery of judgement or until he completes any other business in
connection with the matters which he had started hearing before attaining the
retirement age.
(3) Not withstanding the provisions of Sub-article (2), Chairman or ViceChairman of the Court of Appeal who has attained the age of retirement, shall
vacate his office as Chairman or Vice-Chairman of the Court of Appeal, except he
shall continue to parform the functions that he has not completed while holding
the office of the Justice of the Court of Appeal until he completes those functions.
191.-(1) In the event that:
(a) the office of the Chairman of the Court of Appeal is vacant;
(b) the Chairman of the Court of Appeal is not in the United Republic; or
(c) The Chairman of the Court of Appeal has failed to discharge his
functions in accordancecwith this Constitution,
The Vice-Chairman shall perform the functions of the Chairman of the Court of
Appeal until another the Chairman of the Court of Appeal is appointed or until
the Chairman who was absent from the country or was unable to discharge his
functions due to illness returns in the officei.
(2) Where the success of the functions of the Court of Appeal shall dictate
for the appointment of an Acting Justice of the Court of Appeal, the Juducial
Service Commission shall advise the President to appoint Acting Justice of the
Court of Appeal.
(3) Where the President is satisfied with the advise of the Judicial
Service Commission, he will appoint the Actig Justice of the Court of Appeal
from among the people who qualify to be appointed to become Justices of the
Court of Appeal.
(4) A person appointed to become Acting Justice of the Court of
Appealshall work as an Acting justice of appeal for any period mentioned during
his appointment, or if that period has not been mentioned, so until the
appointment is revoked by the President.
(5) Notwithstanding the provisions of Sub-article (4), a person appointed
to become Acting Justice of the Court of Appeal shall continue to
66
Procedure to deal
with discipline of
the Justices of the
Court of Appeal
work as Acting Justice of the Court of Appeal until he completes the preparation
and delivery and delivery of judgement or until he completes any other business
in connection with appeal or other matters which he had started hearing before the
period of his appointment expires or his appointment revoked.
(6) For the purpose of this Article, Acting Justice of the Court of Appeal
shall have full authority of the Justice of the Court of Appeal and shall discharge
all dities of the Justice of the Court of Appeal.
192. In accordance with this Constitution, provision concerning the
peocedure to deal with discipline of the Justice of the Court of Appeal shall be as
stipulated in Article 181 setting provisions on procedure of dealing with discipline
of the Judge of the High Court.
(f) High Court of the United Republic of Tanzania
High Court of the

United Republic
and its jurusdiction
Appointment of
High Court Judge
193.-(1) There shall be High Court of the United Republic to be referred

to in short as the High Court which its jurisdiction shall be as stipulated in this
Constitution or any other law.
(2) In the event that this Constitution or any other law has not clearly
stated that the proceedings of the type specifically mentioned shall first be heard
in the court of the level specifically nentined for that purpose, the high court shall
have the jurisdiction to hear every proceeding of that type.
(3) Also, the High Court shall have the jurisdiction to do any thing which
according to the customary lawws applicable in Tanzania such thing is normally
done by the High Court:
Save only if the provisions of this Sub-article shall be applied without
prejudice to the authority of the Court of Appeal of the United Republic as
stipulated in this Constitution or any other law.
194.-(1) Without prejudice to the provisions of Sub-artice (2), a person
could onlt be appointed to become a High Court Judge if he holds special
qualifications as mentioned in Sub-article (2), and should be a person who
possesses one of the special qualifications for a period of not less than ten years.
(2) For the purpose of defining Sub-article (3), (9) and (10), special
qualifications means a person holding a degree in law from a University
recognized in accordance with the law and:
(a) he was a magistrate;
(b) has served in the public service with the qualifications of working as a
lawyer or a freelance lawyer;
(c) has the qualification of being enrolled as an advocate; or
(d) has been possessing those qualifications continuously for a period of
not less than ten years.
(3) In the event that the President is satisfied that although that person
with one of the special qualifications has not been possessing that qualification
for a period of not leass than ten years, but that person has the ability, skill and in
every respect is fit to be entrusted with the position of a High Court Judge and
there are reasons to make that person to deserve
67
to be entrusted with that position, so the President may revoke the condition of
special qualification for a period of not less than ten years, and after consultation
with Judicial Service Commission, the President may appoint that person to
become a High Court Judge.
(4) In the event that the office of any Judge falls vacant or if any judge is
appointed to become Acting Judge or if he fails to discharge the functions of his
office for any reason, or if the Chief Justice shall advise the President that the way
the functions of the High Court were at that time require the appointment of an
Acting judge, the President may, after consultation with the Chief Justice as usual,
appoint an Acting Judge from among the people with special qualifications:
Except if:
(a) a person may not be considered as not deserving to be appointed in
accordance with the provisions of this Sub-article only because he has
attained the age mentioned in Sub-article (1) of Article 195; and
(b) for the purpose of appointing an Acting Judge in accordance with the
provisions of this Sub-article, the President may revoke the condition
of possessing special qualifications for a period of not less than ten
years for the same reasons mentioned in Sub-article (3).
(5) Any person appointed to become Acting Judge in accordance with
Sub-article (4), shall continue to work as Acting Judge for any period mentioned
during the time of his appointment or if the period has not been mentioned until
his appointment is revoked by the President, but regardless if his term of office
has expired or his appointment revoked that person may continue to work as
Acting Judge until he completes the preparation and delivery of decision or until
he completes any other business in connection with the matters which he had
started hearing before his term of office has expired or before his appointment is
revoked.
(6) There shall be a Senior Judge of the High Court, who in the Articles
that follow in this Constitution shall only be referred to as Senior Judge, and
other High Court Judges who shall be not less than thirty to be appointed by the
President after consultation with the Judicial Service Commission.
(7) The Senior Judge shall be appointed by the President from among the
names of three Judges proposed by the Judicial Service Commission.
law in relation to the powers of the Chief Justice mentioned in Article 175, the
Senior Judge shall be a special assistant to the Chief Justice in the discharge of
service in the High Court and all other courts below it, and in that position the
Senior Judge shall perform duties and functions he shall be instructed or directed
from time to time by the Chief Justice, or for the purpose of this Article, The
Senior Judge shall be the head of the High Court.
(9) Beside his normal powers of the High Court Judge like any other High
Court Judge, the Senior Judge shall also have the power to discharge all duties
and functions related to the authority of the High Court which according to the
provisions of this Constitution or any other law or according to legal customs
applicable in Tanzania are required to be performed by the Head of the High
Court:
68
Only if the provisions of this Sub-article shall not be used in the execution
of duties and functions which in accordance to the provisions of this Article or
any other law or according to cusomary law applicable in Tanzania have been
specifically mentioned or they are understood to be duties or functions to be
performed by the Chief Justice only.
(10) For the purpose of clearing doubt on the definition or the
implemantation of the provisions of Sub-article (8) and (9), it is here officially
pronounced that unless the provisions of this Constitution or any other law have
instructed otherwise, the Chief Justice can from time to time provide directives to
the Senior Judge on the execution of work and his functions as the Head of the
High Court; the Chief Justice shall have the authority to delegate to the Senior
Judge some of his leadership powers and management of the implematation of
work in the High Court and all other courts at the lower level, and whenever
required, the Chief Justice can himself directly exercise all his powers delegated
to the Senior Judge.
(11) In the event that the office of the Senior Judge is vacant or the Senior
Judge is unable to discharge the functions of his office for any reason, so the
functions shall be discharged by one of the Judges who shall be appointed by the
President for that purpose, and that judge shall discharge those functions until
another Senior Judge is appointed and assume the office of the Senior Judge or
until the Senior Judge himself who was unable to discharge the functions of his
office returns to work.
Tenure of office
for High Court
Judge
Procedure for
dealing with
discipline for
High Court
Judges
195.-(1) Every High court Judge shall be require to retire when he attains
the age of sxty five years, but the provisions of this Sub-article shall apply
without prejudice the provisions in this Article.
(2) Any High Court Judge could retire from public service of the United
Republic any time after attaining the age of sixty years, save only if the President
directs that he should not retire and if the President so directs, the judge
concerned with that directive of the President shall have no right to retire until the
expiration of any period mentioned by the President for that purpose.
(3) In the event that the President feels that for public interest a judge who
has attained the age of sixty five years should continue working, and the Judge
agrees in writing to continue working, the President may direct that the judge
continues working for any period mentioned by the President.
(4) Notwithstanding that a Judge has attained the age of retirement in
accordance with the provisions of this Article, a person working as a High Court
Judge may continue working after attaining that age until he completes the
preparation and delivery of judgement or until he completes any other business in
connrction with the proceedings which he had started hearing before attaining the
age of retirement.
196. Procedure for dealing wity discipline for High Court Judges shall be
as stipulated in Article 181 providing for the procedure of dealing with discuplin
for High Court Judge.
69
Oath of the High

Court Judge of the
United Republic
197.-(1) A High Court Judge of the United Republic shall assume office
soon after he has been sworn in by the President, the oath of allegiance and any
other oath concerning the discharge of duties as may be prescribed in accordance
with the law.
(2) Without prejudice to the provisions of Sub-article (1), the Senior
Judge shall assume office after being sworn in by the President, the oath of
allegiance concerning the discharge of functions of the Senior Judge as may be
prescribed in accordance with the law.
(g) The High Court of Zanzibar
The High Court of

Zanzibar
198.-(1) There shall be a High Court of Zanzibar that shall be formed in

accordance with the Constitution of .
(2) For the pupose of defining this Chapter, it should be understood that
the provisions contained in this Chapter, do not prevent the continuation of the
existence or the formation, in accordance with the laws applicable in Zanzibar,
the High Court of Zanzibar or courts under the the High Court of Zanzibar.
Jurusdiction of the
High Court of
Zanzibar
199.-(1) Without prejudice to the provisions of Article 144, the

jurisdiction of the High Court of Zanzibar shall be as stipulated in the laws
applicable in Zanzibar.
law enacted by Parliament, in the event that any law enacted by Parliament
applicable in Tanzania Mainland and Zanzibar too, has entrusted any powers to
the High Court of the United Reopublic, so the High Court of Zanzibar can
exercise those powers in the same way as the High Court of the United Republic
can.
(h) Administration of the Judiciary
Chief Registrar of
the Court
200.-(1) There shall be the Chief Registrar of the Court of the United
Republic to be called Chief Registrar of Court,who shall be appointed
by the President following proposals of the Judicial Service Commission.
(2) A person may be appointed to become Chief Registrar of Court if he is
a person of integrity, good conduct and honesty in the discharge of his
responsibilities and should be:
(a) a citizen of the United Republic by birth; and
(b) with a degree in law from a university recognised by an authority
responsible for higher education in the United Republic; and
(i) has worked as a magistrate in the courts of the United Republic;
or
(ii)
has been in public service in the United Republi and has been
possessing those qualifications continuosly for a period of not less than
ten years.
70
Responsibilities
of the Chief
Registrar of
Court
Chief Executive of
the Court
Responsibilities of
the Chief
Executive Officer
201.-(1) The Chief Registrar of Court shall have the following

responsibilities:
(a) to supervise the implementation of functions of the court;
(b) to coordinate court issues; and
(c) other responsibilities assigned to him by the Chief Justice.
(2) In discharging his responsibilities, the Chief Registrar of Court shall
be accountable to the Chief Justice.
202.-(1) There shall be a Chief Executive of the Court who shall be
(2) A person shall not be appointed to become Chief Executive of the
Court only if :
(a) he is a senior public servant;
(b) he is a professional with experience in matters of administration and
finance; and
(c) he is a person of integrity with good conduct acceptable by the
society.
203.-(1) The Chief Executive Officer shall have the following
responsibilities:
(a) Secretary to the Judicial Service Commission;
(b) Accounting Officer of the Court;
(c) chief supervisor of the Judicial Fund;
(d) supervisor of the administrative matters of the court; and
(e) to perform other duties assigned to him by the Chief Justice.
(2) In discharging his responsibilities, the Chief Executive Officer of the
Court shall be accountable to the Chief Justice.
PART THREE
JUDICIAL SERVICE COMMISSION AND JUDICIAL FUND
(a) Juidicial Service Commission
Judicial
Service
Commission
204.-(1) There shall be a Judicial Service Commission that shall be formed

by eleven members who shall be appointed by the President as follows:
(a) The Chief Justice who shall be the Chairman;
(b) The Attorney General of the Government of the Unted Republic;
(c) Chairman of the Court of Appeal;
(d) The Chief Justice of Zanzibar;
(e) One High Court Judge;
(f) One Justice of Appeal of the Appeal Court;
(g) Senior Judge;
(h) A represantative of Tanganyika Law Society;
(i) A represantive of the Law Society of Zanzibar;
(j) Two represantatives from Faculties of Law of the Universities, one
from Tanzania Mainland and one from Zanzibar who shall be
proposed by the relevant universities; and
(k) The Chief Executive of the Court who shall be the Secretary.
7
1
(2) The Judicial Service Commission could invite any person with special
knowledge to participate in any sitting of the Commission, save only that that
person shall have no right to vote.
(3) The Judical Service Commission shall formulate procedures of
conducting its meetings.
Responsibiliti
es of the
Judicial
Service
Commission
Membership
in political
parties
Judicial
Fund
205.-(1) The Judicial Service Commission shall be responsible for

promoting and facilitating freedom and accountability of the Judiciary and
successful and transparent dispensation of justice.
(2) The duty of the Judicial Service Commission shall be:
(a) To recommend to the President names of persons who qualify to be
appointed to become Chief Justice, Deputy Chief Justice, Chairman of
the Court of Appeal, Vice-Chairman of The Court of Appeal, High
Court Judges, Justices of the Court of Appeal, Senior Judge and High
Court Judges;
(b) To review and recommend terms of service for Judges, Registraras,
Magistrates and other employees of the Judiciary including matters
related to ethics, disciplin and their benefits;
(c) To recommend to the government measures to be taken improve the
Judiciary with a view to improving efficiency in the dispensation of
justice; and
(d) To perform any other duties assigned to it in accordance with this
Constitution or the law
(3)In implemanting its responsibilities, the the Judicial Service Commission
may delegate its powers to various committees that shall be formed in
accordance with the law.
(4)Without prejudice to Sub-article (2)(b), recommendations on benefitas to
Judges, megistrates and other employees of the Judiciary
shall be presented to an orgarn responsible for the benefits of civil servants.
(5) Parliament shall enact a law providing for provisions for the
implementation of the responsibilities of the Judicial Service Commission.
206. It is prohibited for a High Court Judge, Justice of the Court of Appeal,
High Court Judge, Chief Registrar of Court, Megistrate and Chief Executive of
the Court to join any political party, save only that he shall have the right to vote to
elect leaders in the reprasantative organs.
(b)
Judicial Fund
207.-(1) There shall be a judicial Fund of the United Republic that shall be
under the management of the Chief Executive of the Judiciary.
(2) The Judicial Fund of the United Republic shall be utilized for meeting
administrative and operation costs of the Judiciary of the United Repuplic and
other important functions in the implementation of the responsibilities of the
judiciary.
72
(3) The Government shall ensure that during the budget of every financial
year of the Government sufficient funds are allocated to the Judicial Fund of the
United Republic.
administration of the Judicial Fund of the United Republic.
CHAPTER THIRTEEN
PUBLIC SERVICE IN THE UNITED REPUBLIC
Fundamental
principles of
public service
208.-(1) there shall be the Public Service in the United Republic that shall
observe the following fundamental principles:
(a) That public service is a responsibility from the people and a civili
servant therefore, is required to serve the people with integrity, honesty
and humility;
(b) To provide service to the people in time in a just, equal and nondiscriminative manner; and;
(c) To ensure that people are appointed to hold various positions by
observing technical competence, professionalsm, knowledge, skill,
gender equality and experience in the relevant field and opportinuties
for people with disability.
(2) Principles of Public Service specified in this Article shall be observed
and used in the appointment of people for holding responsible positions of
leadership in:
(a) authorities in the pillars of the state;
(b) institutions and all Government departments; and
(c) parastatals, companies and Government agencies.
implementation of principles of public service specified in Sub-article (1).
Employment and
appointment of a
leader and a civil
servant in Union
institutions
Public
Service
Commission
209.-(1) Without prejudice to the provisions of this Constitution,

appointment for leadership positions and in public service of the Government of
the United Republic and its institutions, shall be conducted by taking into account
education, integrity and professionalism.
(2) Without prejudice to the provisions of Sub-article (1), the appointment
of a leader and an employuee in an institution or ministry of the Union shall be
condected by observing the representation from the two parts of the Union,
gender equality and people with disability.
210.-(1) There shall be a Public Service Commission that shall consist of
Chairman, Vice-Chairman and five other members who shall be appointed by the
President.
(2) While appointing members of the Public Service Commission, the
President shall observe the principle of public service stipulated in Article 208.
(3) The qualifications of the Chairman, Vice-Chairman and member of the
Public Service Commision shall be as follows:
(a) he should be a citizen of the United Republic by birth;
73
(b) he should be a holder of a degree from a university recognised in

accordance with the law;
(c) he should have an experience in public service, broad knowledge on
matters related to personnel, administration and community matters for
a period of not less than ten years except for the Chairman and Vice
Chairman, they should have such experience for a priod of not less
than fifteen years; and
(d) he should be a person of good conduct, professionalism, honesty,
integrity, and should not be a person of the behaviour unacceptable by
the society.
Secretary of the
Public Service
Commission
Authority and
responsibilitie
s of the Civil
Service
Commission
Salaries
Commissi
on
Sectorial
Commissions
Particapation
in
represetation
organs
211.-(1) There shall be a Secretary of the Public Service Commission who

shall be appointed by the President from among civil servants in the United
Republic.
(2) The Secretary of the Public Service Commission shall be the head of
the Public Service Secretariat, Chief Executive Officer and implementer of the day
to day responsibilities of the Commission.
212.-(1) The Public Service Commission shall be the highest organ of the
public service with the authority for discipline and coordanation of all matters
related to public service.
(2) The responsibilities of the Public Service Commission shall be:
(a) to motivate on the implementation of the principles of public service;
(b) to deal with appeals lodged by public servants against decisions made
by differant disciplinary authorities in the public service; and
(c) to perform any other duties as may be specified by law on matters
pertaining to public service.
(3) Parliament shall enact a law stipulating the procedure for setting up
conditions of imlementation of functions of the Civil Service Commission.
213.-(1) There shall be a Salaries and Benefits Commission that will deal
with salaries and benefits of the civil servants.
(2) Parliament shall ernact a law providing for conditions in relation to the
structure, responsibilities and other matters related the implementation of the
functions of the Salaries Commission.
214.- There shall be different sectorial Commissions that shall be stipulated in
accordance with the laws to be enacted by Parliamrnt for the purpose of better
management, coordination and provision of social services.
CHAPTER FOURTEEN
ELECTION IN REPRESANTATIVE ORGANS AND POLITICAL PARTIES
PART ONE
REPRESANTATION OF THE PEOPLE
215-(1 )Every citizen of the United Republic who has attained the age of
74
Election and
referundum
Private
candidate
eighteen or more with a sound mind has the right to be registered and
to vote during elections or a referendum
(2) For the purpose of Sub-article (1) the electoral authority shall
observe the principles that:
(a) people use their political rights in accordance with this
Constitution;
(b) people with disability are given the opportunities of represantation;
(c) people have the right to vote according to their desire of
represantation and equal votes; and
(d) free and fair election which is(i)based on secret ballot;
(ii)free of force , intimidation, temptations or corruption;
(iii)there are statements or incidents indicating racialism, regionalism,
religion, scorn or slander against a certain gender or stigmatisation
against people with disability or minority groups in the society.
(iv)conducted and managed by an independent body; and
(v) is conducted without favour, observing impartiality, serious
indicating accountability of the staff.
(3) In order to implement provisions contained in Sub-article (1) and
(2) the state authority shall institue procedures that shall provide for:
(a) authorities supervising the election to announce constituencies for
parliamentary election;
(b) nomination of candidates;
(c) registration of voters;
(d) conduct and supervise election and referendum; and
(e) a procedure to make the election simple, transparent and considering
the needs of people with special requirements.
(4) For the purpose of Sub-article (2) and considering conditions for
challenging the result of the Presidential election, a Presidential candidate has the
right to institute proceedings in court to challenge the election results, which he
believes have contravened the provisions of this Constitution or law.
(5) Parliament shall enact a law providing for provisions on the
implementation of this Article.
216.-(1) Without prejudice to the provisions of Article 88 and Article 140,
a person shall have the right to become an independent candidate during an
election to be supervised by an Independent Electoral Commission.
(2) Parliament shall enact a law providing for provisions on a private
candidate in relation to(a) number of voters required to guarantee him at the level of the postion
he is contesting;
(b) the period that he has ceased to be a member of any political party
before the election day;
(c) not to join a political party during the period he is a leader after being
elected;
75
(d) procedure for identifying internal and external sources of income for
financing the costs of the election campaign;
(e) procedure to identify standards and qualifications to be used for
obtaining national leaders at a higher level;
(f) declare openly an election manifesto showing the way the country
shall be administerd;
(g) provide conditions that prohibit policies aime at dividing the Nation;
and
(h) other conditions as it may be deemed appropriate.
PART TWO
INDEPENDENT ELECTORAL COMMISSION
Formation of
Independent
Electoral
Commission
(a) Independent Electoral Commission

217.-(1) There shall be an Independent Electoral Commission of the
United Republic to be known as the Independent Electoral Commission.
(2) The Independent Electoral Commission shal consist of the Chairman,
Vice-Chairman and seven other members who shall be appointed by the President
after being proposed by the Nomination Committee.
(3) The Chairman, Vice-Chairman and Members of the Independent
Electoral Commission shall assume office soon after being sworn in by the
President.
(4) The appointment of the Chairman and Vice-Chairman of the
Independent Electoral Commission shall be conducted under the principle that, if
the Chairman is appointed from one side of the United Republic the ViceChairman shall be appointed from the other side of the United Republic.
(5) The Chairman and Vice Chairman of the Independent Electoral
Commission shall have the following qualifications:
(a) he should be a citizen of Tanzania by birth and at least one of his
parents is a citzien of the United Republic by birth;
(b) he should be a person who held office of Judge of the High Court,
Justice of the Court of Appeal or Judge of Supreme Court and has been
holding that position for a period of not less than five years;
(c) he should be an honest person, a person of integrity with a behaviour
that is unqestioned by the society;
(d) he should be a person who has never held a high position in a political
party; and
(e) he should be a person who has never been convicted for any criminal
offence.
(6) A Member of the Independent Electoral Commission shall have the
following qualifications:
(a) he should be a citizen by birth and at least one of his parents is a
citizen of the United Republic by birth;
(b) he should be an honest person, a person of integrity with a bahaviour
that is unquestioned by the society;
(c) he should be a person who has never held a high position in a political
party;
76
Nomination
Committee
Tenure of
office for a
member of
the
Commission
(d) he should be a holder of a university degree from a recognised

university in accordance with the law; and
(e) he should be a person who has never been convicted for any criminal
offence.
(7) For the purpose of this Article, the following persons shall not be
eligible for appointment as Members of the Independent Electoral
Commission:
(a) A Member of Parliament of the Parliament of the United Republic, a
Member of the House of Representatives or a Councilor; or
(b) a person who is a public servant.
(8) The appointment of the Members of Independent Electoral Commission
shall consider the representation of every side of the United Republic.
218.-(1) There shall be a Nomination Committee for the nomination of the
Chairman,Vice-Chairman and Members of the Independent Eloctoral Commission
that shall consist of the following Members:
(a) Chief Justice of the United Republic who shall be the Chairman;
(b) Chief Justice of Zanzibar who shall be the Vice-Chairman;
(c) Speaker of the Parliament of the United Republic;
(d) Speaker of the Zanzibar House of Representatives;
(e) Senior Judge; and
(f) Chairman of Public Leaders Ethics Commission.
(2) Director of the Independent Electoral Commission shall be the
Secretary of the Nomination Committee.
(3) The Nomination Committee shall have the responsibility to receive and
analyse names of persons who have applied to become members of the
Independent Electoral Commission in accordance with the procedure to be
specified by the law.
(4) Subject to the provisions of
Sub-article (3), the Nomination
Committee, soon after analyzing names of persons who have applied to become
members of the Independent Electoral Commission, it shall recommend to the
President names of persons who qualify to be appointed to become members of the
Independent Electoral Commission.
(5) The President shall appoint the Chairman, Vice-Chairman and
Members the Independent Electoral Commision from among the names presented
by the Nomination Committee.
(6) Parliament shall enact a law which among other things shall provide
for the provision on the oath of the Chairman, Vice-Chairman and other Members
of the Independent Electoral Commission.
219.-(1) A Member of the Independent Electoral Commission shall hold
office for a period of five years and can be re-appointed for anoher one five-year
term.
(2) A person shall cease to be a Member of the Commission if any of the following
incidents occur:
(a) resignation;
(b) inability to perform his functions due to illness;
(c) violation of Rules of Ethics for Public Leaders;
(d) to be convicted of an offence that carries a prison sentence for a period of more than
seven days
77
Duties of the
Independent
Electoral
Commission
(e) to lose qualifications of being appointed to become member; or

(f) to die.
(3) For the better carrying out of functions of the Commission, there shall
be a code of conduct as may be specified by law.
(4) Where the issue of removing a Member of the Independent Electoral
Commission for contravening the Code of Condyct shall arise, the President shall
form a committee that shall consist of:
(a) Justice of the Court of Appeal who shall be the Chairman;
(b) Commissioner of the Commission for Human Rights and Good
Governance;
(c) A Member of the Ethics and Accountability Commission; and
(d) Attorneys, one from Tanzania Mainland and one from Zanzibar who
shall be recommended by the Tanganyika Law Society and the
Zanzibar Law Society,
and that Committee shall conduct an investigation on the issue and submit its
recommendations to the President.
(6) Where after the investigation, the Committee shall recommend that the
Member should be removed, the President shall remove that Member and where
the Committee recommends should not be removed, the question of removing that
member shall cease.
(7) The Committee shall formulate procedure for conducting an
investigation.
220.-(1) The Independet Electoral Commission shall have the
responsibility;
(a) to supervise and conduct all the activities of the election of the
President and Members of Parliament in the United Republi;
(b) to supervise and conduct referendum;
(c) to supervise and coordinate the registration of voters in the United
Republic;
(d) to devide and announce electoral constituencies for parliamentary
election of the United Republic; and
(e) to announce the results of the Presidential election and Parliamentary
election, or the results if a referendum.
(2) The Independent Electoral Commission shall have the responsibility to provide voter
education during election or referendum and coordinate the provision of civic education during
election or referendum and to supervise civil organisations, institutions, organisations or groups of
people that shall provide such education.
(3) The Independent Electoral Commission also has the duty to ensure the existence of:
(a) freedom of the people in using the right to elect and be elected through political
parties or an independent candidate;
(b) the observence of the electoral principle of one man one vote; and
(c) free and fair election.
(4) The Independent Electoral Commission may discharge its functions notwithstanding
that there is a vacancy among its members or that one of its members is absent, provided that every
decision of the Independent Electoral Commission must be supported by a majority of all members
of the Independent Electoral Commission.
(5) In discharging its functions in accordance with provisions of this Constitution
78
Complains
concerning
election
Appointment
of Director of
Elections
The Independent Electoral Commission shall not be obliged to comply with

orders, directions or views of any person, any Government Authority, a political
party, institute or any institution.
(6) In dividing the electoral constituancies in accordance with this Article,
the Independent Electoral Commission shall take into account:
(a) the number of people in the relevant area;
(b) availability of communication system in the intended area;
(c) administravie boundaries; and
(d) geographical areas in the relevant area.
(7) Other provisions regarding the division of the United Republic into
electoral constituencies shall be as it may be stipulated in an act to be enacted by
Parliament.
(8) In discharging its functions in accordance with this Constitution, the
Independent Electoral Commission shall from time to time consult the Zanzibar
Electoral Commission.
(9) It is hereby pohibited for persons concerned with the conduct of the
election to join any political party save only that each of them shall have the right
to vote during election or referendum.
(10) For the purpose of Sub-article (7), people concerned with the conduct
of election or referendum are:
(a) Chairman of the Commission;
(b) Vice-Chairman of the Commission;
(c) All members of the Commission;
(d) Director of Election together with all other employees of the
Commission; and
(e) All supervisors of election.
221.-(1) The Independent Electoral Commission shall supervise and
resolve as early as it could possibly be, complains concerning nomination of
candidates in the election.
(2) Proceedings on complains concerning Parliamentary election shall be
instituted at the High Court as soon as it could possibly be, after the Independent
Electoral Commission has announced the results and in what ever the case, no
longer than the period specified in the laws of the country.
(b) Director of Elections
222.-(1) There shall be the Director of Elections who shall be appointed by
the President.
(2) The Director of Elections shall have the following qualifications:
(a) he should be a citizen by birth and at least one of his parents is a
cutizen of the United Republic by birth;
(b) he should be an honest person, with integrity with the behaviour
unquestioned by the society;
(c) he should be a person who never held a high position in a political
party;
(d) he should possess a degree from a university recognised in accordance with the law;
and
(e) he shold be a person who has never been convicted for any criminal offence.
79
Responsibilitie
s of the
Director of
Elections
223.-(1) The Director of Elections shall be the chief supervisor and

implementor of the day to day responsibilities of the Independent Electoral
Commission in connection with election issues, registration of voters and
conducting referendum.
(2) The Director of Elections shall discharge his responsibilities following
the procedure specified by the law in connection with issues related to elections
and referendum.
(3) The Director of Elections shall discharge his responsibilities with the
assistance executives who are public servants according to the number required.
(4) In discharging his responsibilities, the Director of Elections shall be
accountable to the Independent Electoral Commission.
PART THREE
REGISTRATION AND SUPERVISION OF POLITICAL PARTIES
(a) Political Parties
Registration of
political parties
224.-(1) A political party could conduct political activities if it is

registered in accordance with the law.
(2) It will be illegal for any political party to be registered which
acoording to its Constitution or policies:
(a) It intends to promote or fight for the interests of :
(i)faith or any religious group;
(ii)any recial group, people who hail from a certain place, colour or
gender;
(iii)only a certain area in any part of the United Republic;
(b) it strives for the disintegration of the United Republic;
(c) it approves or strives for trhe use of force as a means of attaining its
political goals;
(d) it strives or intends to carry out its political activities in only one part
of the United Republic; or
(e) it does not allow its leadership to be elected in a democratic way
taking into account gender, people with disability and represantation
from both sides of the Union.
(3) Without prejudice to the relevant laws, it is prohibited for any
person to be forced to join any political party or for a political party to be refused
registration only becaue of its ideology or phylosophy.
(4) Parliament may enact a law on limitations and strandards set by
provisions of Sub-article (2) on the freedom of the people to associate and to
assemble.
(5) All matters related to the registration and management of political
parties in the country shall be supervised in accordance with this Constitution.
(b)Registrar of Political Parties
225-(1) There shall be the Registrar of Political Parties who shall be appointed by
the President.
(2) The Registrar of Political Parties shall have the following qualification:
80
Deputy Registrar
of Political
Parties
Responsibilities
of the Registrar
and Deputy
Registrar of
Political Parties
(a) he should be a citizen of the United Republic by birth;

(b) He should be honest, with integrity with the behaviour unquestioned
by the society;
(c) he should be a person who never held a senior position in a political
party; and
(d) he should be holder of a university degree from a university
recognised in a accordance with the law.
226.-(1) There shall be a Deputy Registrar of political parties who shall
be appointed by the President.
(2) A person shall be appointed to become Regitrar of Political Parties if
he has the qualification mentioned in Article 225(2).
(3) The Deputy Registrar of Political Parties shall be the principal
assistant of the Registrar of Political Parties in the discharge of his
responsibilities.
227.-(1) The responsibilities of the Registrar and Deputy Registrar of
Political Parties shall be:
(a) To supervise and coordinate the registration and activities of political
parties in accordance with the provisions of the Constitution and the
law;
(b) To prepare and publish annual statements on audit reports of every
political party; and
(c) To supervise the finances of political parties.
(2) The Registrar and Deputy Registrar of Political Parties shall discharge
their responsibilities in accordance with this Constitution and by observing
procedures to be specified by an act to be enacted by Parliament.
CHAPTER FIFTEEN
ACCOUNTABILITY INSTITUTIONS
PART ONE
LEADERSHIP ETHICS COMMISSION
Public Leaders
Ethics
Commission
228-(1) There shall be a Commission to be referred to as Public Leaders

Ethics Commission that shall consist of a Chairman and Vice-Chairman
and other members who shall be not more than seven.
(2) The Chairman and Vice-Chairman of Public Leaders
Ethics Commission shall be appointed by the President from among the names
proposed by the Nomination Committee.
(3) The Chairman and Vice-Chairman shall hold office after being sworn
in by the President.
(4) The qualifications of the Chairman of the Commission shall be as
follows:
(a) he should be a citizen of the United Republic by birth and at least one
of his parents is a citizen of the Unuited Republic by birth;
(b) he should be a holder of a university degree from a university
recognized in accordance with the law;
81
(c) a person with experience in the public service for a period of not less
than fifteen years;
(d) a person with good conduct, professionalism, honesty, integrity and
with the behaviour unquestioned by the sociaty; and
(e) a person who has never been convicted for any criminal offence.
(5) Qualifications of the Vice-Chairman shall be as specified in Subarticle (4).
Nomination and
qualifications of
a Member
Selection
Commitee
229.-(1) A Member of the Public Leaders Ethics Commission shall be

appointed by the President after being proposed by the Nomination Committee.
(2) Qualification of a Member of the Public Leaders Ethics Commission
shall be as follows:
(a) he should be a citizen of the United republic by birth;
(b) a holder of a degree from a university recognised in accordance with
the law;
(c) a person with leadership experience for a period of not less than ten
years;
(d) a person with good conduct, professionalism, honesty, integrity with a
bahaviour that is unquestined by the society; and
(e) a person whi has never been convicted for any criminal offence.
230. There shall be a Selection Committee that shall consist of the
following Members:
(a) Chief Justice of the United Republic;
(b) Chief Justoce of Zanzibar;
(c) Senior Judge;
(d) Attorney General of the United Republic; and
(e) Attorney General of the Revolutionary Government of Zanzibar.
Responsibiliti
es of the
Commission
Tenure of officee
231.-(1) The responsibilities of the Public Leaders Ethics Commission

shall be to follow-up and investigate the conduct and bahaviour of public leaders
with a view to supervise and ensure that the conduct and ethics of public
leadership are observed, safeguarded and respected in the public service,
Parliament, Judiciary, institutions and all other public departments.
(2) Without prejudice to the general provisions of Sub-article (1), the
specific responsibilities of the Commission shall be:
(a) to supervise ethics in the public service;
(b) to investigate the conduct and bahaviour of a public leader and take
action where it is appropriate; and
(c) to administer law in connection with ethics of public leaders.
(3) Parliament shall enact a law for the purpose of the implementation of
this Article.
232.-(1) The Chairman, Vice-Chairman and all other members
each shall hold office for a period of three years or another period
82
for Member of
the Commission
Independence of
the Commission
Empowerment
of equipment
and resources
Commission for
Human Rights
and Good
Governence
Qualifications
of the
Chairman,
Vice-Chairman
and
Commissioner
of the
Commission
of less than three years as specified in the appointment letter, taking into account
the fact that the appointment of the Members of the Commission shall be made in
such a way that Members of the Commission shall not commence or complete
their term simultaneously.
(2) Without prejudice to the provisions of Sub-article (1), the Chairman,
Vice-Chairman or a Member of the Commission may be re-appointed only for
one another three year term.
(3) The Chairman, Vice-Chairman and Members of the Commission
while in office shall not be allowed to be appointed, elected or hold any other
office of responsibility.
233.-(1) The Commission shall be independent and for that reason, it shall
not be interfered with byany body or authority in discharging its responsibilities.
(2) Parliamen shall enact a law providing for provisions concernin:
(a) procedure for the implementation of the responsibilities of the
Commission;
(b) preparation and submission of the reports of the commission;
(c) procedure for making recommendations and decisions of the
Commission;
(d) term of office and removal from office a Member of the Commission;
(e) employees of the Commission; and
(f) other important issues concerning the Commission.
234. The Government shall ensure that the Public Leaders Ethics
Commission is provided with money, equipment and human resources in order to
implement its functions and responsibilities successfully.
PART TWO
COMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNENCE
235.-(1) There shall be a Commission to be known as the Commission
for Human Rights and Good Governence that shall consist of a Chairman, ViceChairman and not more than seven Commissioners.
(2) The Chairman, Vice-Chairman and Commissioners of the Commission
for Human Rights and Good Governence shall be appointed by the President
from among the names proposed by the Selection Committee.
(3) The Chairman and Vice-Chairman shall hold office after being sworn
in by the President.
236.-(1) Qualifications of the Chairman and Vice-Chairman of the
Commission for Human Rights and Good Governence shall be as follows:
(a) he sould be a citizen of the United Republic by birth;
(b) a person holding a degree in law from a university recognised in
accordance with the law;
(c) a person who respects human rihts;
(d) a person with experience in public service, wide scope on matters
related to human rights, administration or social matters for a period
of not less than ten years; and
83
Selection
Committee
Functions and
responsibilities of
the Commission
(e) a person with respect, professionalism, honest, with integrity and

behaviour that could not be questioned by the society.
(2) The qualifications of a Member of the Commission shall be as follows:
(a) He should be a citizen of the United Republic by birth and at least of
his parents is a citizen of the United Republic by birth;
(b) a person holding a degree from a university recognised in accordance
with the law;
(c) a person who respects human rights;
(d) a person with an experience of not less than ten years with at least a
an experience in legal matters, human rights, administration, politics
or social matters; and
(e) a person with respect, professionalism, honest, with integrity, with
the bahaviour that could not be questioned by the society.
237.-(1) There shall be a Selection Committee for the selection of the
Chairman, Vice-Chairman and Commissioners of the Commission for Human
Rights and Good Governence that shall consist of the following members:
(a) Chief Justice of the United Republic who shall be the Chairman;
(b) Chief Justice of Zanzibar who shall be the Vice-Chairman;
(c) Speaker of the Parliament of the United Republic;
(d) Speaker of the Zanzibar House of Represantatives; and
(e) Deputy Attorney General of the United Republic who shall be the
Secretary.
(2) The Selection Committee shal have the responsibility to receive and
analyze names of persons who have applied to become Chairman, Vice-Chairman
and Commissioner of the Commission for Human Rights and Good Governence
in accordance with the procedure to be specified by the law.
(3) There shall be a Secretariat of the Commission to be led by a Chief
Executive who shall be appointed by the President from a list of three people
proposed by the Commission for Human Rights and Good Governence.
238.-(1) Functions and rsponsibilities of the Commission shall be as
follows:
(a) to sensitise about the safeguard of human rights and the duty of the
public in accordance with the Constituition and laws of the country;
(b) to sensitise, safeguard and follow-up the implementation of gander
equality and propotionality in National development in general;
(c) to receive complains in relation to the violation of human rights in
general;
(d) to conduct inquiry on matters relating to infringement of human rights
and violation of principles of good governance and make proposals
leading to the rectification of the existing shorfalls;
(e) to conduct research and impart to the public education in respect of
human rights and good governance;
(f) to institute proceedings in court in order to prevent violation of human
rights or to restore a right that was caused by the the infringemenet of
human rights or violation of principles of good governance;
84
Tenure of office
for Chairman,
Vice-Chairman
and
Commissioner
of the
Commission
Removal from
office of the
Chairman, ViceChairman or
Cimmussioner
of the
Commission
(g) to inquire in to the conduct of any person concerned or any institution

concerned with the provisions of this Article in relation to the ordinary
performance of his duties or functions or abuse of the authority of his
office;
(h) to advise the Government and other public organs on human rights
and good governance; and
(i) to take neccessary action in order to promote and enhance
reconciliation among persons and various institutions appearing or
being brought before the Commission.
(2) Without prejudice to other provisions of this Article, Parliament may
enact a law in accordance with the provisions of this Chapter to provide for the
provisions regarding the authority of the Commission, procedure for the
discharge of its functions and legal immunities for the Commissioners and
enployees of the Commision for the purpose of enabling them to implement their
functions without violating the laws.
(3) For the purpose of discharging its responsibilities, the Commission
shall not conduct an investigation on the following:
(a) any matter before the court or other organ of the judiciary;
(b) any matter corcerning relationship or cooperation between the
Governmrent and the Government of any other foreign country or
international organisation;
(c) some thing related to the prerogative of mercy by the Presdint; or
(d) any other matter mentioned by any law.
239.-(1) The Chairman, Vice-Chairman and a Commissioner of the
Commission shall each hold office for a period of three years or another term of
less than three years as indicated in the letter of appointment, taking into account
that the appointment of the Commissioners shall be conducted in such a way that
Commissioners of the Commission shall not commence and complete their term
of office simultaneously.
(2) Without prejudice to the provisions of Sub-article (1), the Chairman,
Vice-Chairman or a Commissioner of the Commission can be re-appointed for
only one three year term.
(3) Any person appointed to become Commissioner of the Commission
shall be required to immediately relinquish his postion in any political party or
any other position that shall be specified for that purpose by an act to be enacted
by Parliament.
240.-(1) The Chairman, Vice-Chairman or Commissioner of the
Commission could be removed from office for:
(a) being unable to discharge the functions of his office because of
illness;
(b) breaching of the code of conduct for public leaders;
(c) violate ethics of Public Leadership;
(d) lack of professionalism
(e) lack of discipline; or
(f) being convicted for criminal offences connected with lack of ethics or
trust.
(2) Chairman, Vice-Chairman or Commissioner of the Commission
85
Shall not be removed from office except in accordance with the provisions
of Sub-article (3) and (4).
(3)Where the President is satisfied that the question of removing from office the Chairman,
Vice-Chairman or Commissioner of the Commission need to be investigated, the President
shall form a special committee that will investigate the issue
(4) The special Committee formed by the President shall investigate the issue that needs
investigation and present its recommandations to the President for decision making.
Independence
Of the Commission
241-(1) The Commission shall be independent and shall not be interfered

with by a person or any authority in the discharge of its responsibilities.
(2) Parliament shall enact a law providing for provisions on:
(a) procedure for the implementation of the responsibilities of the
Commission;
(b) preparations for the submission of the reports of the Commission;
(c) procedure for making recommendations and decisions of the
Commission;
(d) employees of the Commission; and
(e) other important matters concerning the Commission.
242. The Government shall ensure that the Commission for Human Rights
Empoerment
and Good Governance is provided with money, equipment and human resource in
in equipment
and resources
order to implement its functions and responsibilities successfully.
PART THREE
CONTROLLER AND AUDITOR GENERAL OF THE UNITED REPUBLIC
243.-(1) There shall be a Controller and Auditor General of the United
Appointment of
Republic who shall be appointed by the President.
Controller and
Auditor General of
(2) Controller and Auditor General of the United Republic shall hold
the United
office after being sworn in by the President.
Republic
244. A person could be appointed to become Controller and Auditor
General of the United Republic if he has the following qualifications:
Qualifications of
the Controller and
(b) he has passed an advanced training in accountancy and registered by
Auditor Genetral
the relevant authority;
of the
United
Republic
(c) he has an experience of not less than fifteen years on matters
partaining to auditing of Government accounts;
(d) he is a person who has never been convicted of any criminal offence;
and
(e) he is a professional, honest, of integrity with the behaviour that could
not be questioned by the society.
245.-(1) Functions and responsibilities of the Controller and Auditor General of
Functions and
the United Republic shall be :
responsibilities
of the
(a) to ensure that the use of any money proposed to be paid out of the
Controller and
Consolidated Fund has been authorised and that the funds shall be
Auditor General
paid out in accordance with the provisions of this Constiotution and
of the United
Republici
where he is satisfied that those provisiions shall
86
be fully complied with, then he shall authorize payment of such

money;
(b) to ensure that all the money the payment of which has been
authorized to be charged on the Consolidated Fund of the
Government or the money the use of which has been authorized by
law and which have been spent to the purpose connected with the use
of such moneys, and that such expenditure has been incurred with the
authorization for such expenditure; and
(c) at least once every year, to audit and give an audit report in respect
of:
(i)the accounts of the Government of the United Republic, accounts
of political parties and accounts of the Local Governments;
(ii)accounts managed by institutions and agencies of the Government
of the United Republic;
(iii)accounts of the court of the United Republic; and
(iv)accounts of the Parliament of the United Republic.
(2) Controller and Auditor General of the United Republic shall be
independent in the discharge of his functions and responsibilities and shall not be
interfered with by any person or any authority in the discharge of his functions.
(3) The Controller and ASuditor General of the United Republi or any
person whois authorized by the Controller and Auditor General of the United
Republis shall have the right to examin the books, records and all other
documents concerning any type of accounts referred to in Sub-article (1).
atawasilisha kwa Rais kila taarifa atakayotoa kwa mujibu wa masharti ya Katiba
hii.
(4) The Controller and Auditor General of the United Republic shall submit
to the President every report he makes pursuant to the provision of this
Constitution
(5) Upon receipt of such report, the President shall direct the persons
concerned to submit that report before the first sitting of the National Assembly
which shall be held after the President has received the report and it shall have to
be submitted before the expiration of seven days from the day the sitting begane,
and if the President does not take steps of submitting such report to the Speaker,
then the the Controller and Auditor General of the United Republi shall submit
the report to the Speaker, who shall submit the report to the National Assembly.
(6) The Controller and Auditor General of the United Republic shall also
have the responsibilities of discharging other duties and functions, and shall have
other various powers, as shall br specified by law concerning accounts of the
Government of the Government of the United Republic, accounts of the public
authorities or accounts of corporation.
(7) In discharge of his functions in accordance with the provision of Sub-article (1),
(3), (4) and (5), the Controller and Auditor General of the United Republic shall not be obliged to
comply with orders or direction of any other person or any Government Department, but the
provisions of this Sub-article shall not preclude a court from exercising jurisdiction to enquire
into whether the Controller and Auditor General of the united Republic has discharged his
functions in accordance with the provisions of this Constitution or not.
(8) Parliament shall enact a law that shall oversee among other things , the exercise of
the authority of the Controller and Auditor General of the United Republici.
87
Tenure of office
for the Controller
and Audito
General of the
United republic
Removal from
office for the
Controller and
Auditor general of
the United
Republic
Empowerment
in equipment
and resources
246.-(1) The tenure of office for the Controller and Auditor General of
the United Republic shall be a term of seven years.
(2) Notwithstanding the provision of Sub-article (1), the Controller and
Auditor General of the United Republic may resign from his position by giving a
thirty-day notice to the Presiden
247-(1) The Controller and Auditor General of the United republic could
be removed from office by:
(a) Inability to discharge his responsibilities for health reasons;
(b) violatic the code of ethics for public leadership;
(c) violating ethics of public leadership;
(d) lack of professionalism;
(e) lack of discipline; or
(f) to be convicted for a criminal ofence connected with lack of ethics
or trust.
(2) The Controller and Auditor General of the United Republic could
not be removed from office except in accordance with the provision of SubArticle (3) and (4).
(3) Where the President is satisfied that the question of removing from
office the Controller and Auditor Generak of the United Republic needs to be
investigated:
(a) he shall appoint a special committee which shall consist of a Chairman
and other members who shall be not less than three, one member from
the accountig authority in the country, two members who at least one
of them a judge or a person who worked as a High Court Judge,
Justice of Appeal or Judge of High Court of the United Republi or the
High Court of Zanzibar;
(b) while the question of removig from office the Controller and Auditor
General of the United Republic has been referred to the Special
Committee for investigation, the President shall suspend the
Controller and Audotir General of the United Republic; and
(c) The Special Commitee shall investigate the issue and present a report
to the President and shall advise the President whether the Controller
and Auditor General of the United Republic should be removed from
office or not.
(4) If the Special Committee shall advise the President that the
Controller and Auditor General of the United Republic should be removed from
office, the President shall remove him from office.
(5) The President shall revoke the decision to suspend the Controller and
Auditor General of the United Republic if the Special Commitee
shall advise the President that the controller and Auditor General of
the United Republic should not be remove from office.
248. The Government shall institute procedure that will enable the office
of the Controller and Auditoe General of the United Republic to be provided with
money , equipmwnt and human resources according to the Goverments budgetary
capability so as to safeguard its independence and discharge its functions and
responsibilities with success.
88
.
PART FOUR
AN ORGAN TO PREVENT AND COMBAT CORRUPTION
Control of
corruption
249.-(1) For the purpose of controling corruption, there shall be an organ

with the reponsibility to prevent and combat corruption.
(2) Parliament shall enact a law providing for provisions related to the
structure, responsibilities and powers of the organ referred to in Sub-article (1).
CHAPTER SIXTEEN
PROVISIONS CONCERNING THE FINANCE OF THE UNITED
REPUBLIC
Principles for the

expenditure of
public funds
(a) The Consolidated Fund and the Finance of the United Republic
250. The following principles shall direct the expenditure of the public
funds in the United Republic of Tanzania:
(a) public funds shall be used in trasparancy, prudently and by

accountability taking into account peoples participation through their
representatives;
(b) the structure of public funds shall aim at the existence of:
(i)taxation without favou or discrimination;
(ii)a government budget that gives priority to under developed groups
and areas;
(c) expenditure of national resources and loans shall take into account
propotional development for the benefit of the present and future
generations; and
(d) reports on the management of public funds shall be in a language that
is understood by the people.
Joint Account
251. The Government of the United Republic shall maintain a special

account to be known as The Joint Account and shall be part of the Consolidated
Fund of the United Republic where contributions by the two governments,
according to the amount deciced upon by the Joint Finanacial Commission in
accordance with the law enacted by Parliament shall be deposited for the purpose
of the activities of the United Republic on Union Matters.
Joint Financial
Commission
252.-(1) There shall be a Joint Financial Commission that shall consist of

not more than seven members who shall be appointed by the President of the
United Republic in consultation with the President of Zanzibar where three
members shall come from Zanzibar and four from Tanzania Mainland.
(2) The responsibilities of the Joint Financial Commission shall be:
(a) to analyse the income and expenditure, derived from, or related to the
implementaion of Union Matters and make recommendations to both
Governments on contributions and dividends of each of those
Governments;
(b) all the time, to look into the structure of financial activities
89
The Consolidated
Fund
Conditions for
withdrawal of
moneys from
the
Consolidated
Fund
of the United republic and also the relatiobnship of the two

Governments on matters of finance; and
(c) to do other things that the President may assign the Commission or as
the President may instruct, and in accordance with the law enacted by
Parliament.
(3) For the purpose of this Article, Parliament shall enact a law stipulating
and defining:
(a) provisions
and procedures for the implementation of the
responsibilities of the joint Finanancial Commission;
(b) provision concerning members of the Joint Financial Commission;
(c) structure and responsibilities of the Secretariat;
(d) procedure for the presentation of reports of the Joint Financial
Commission and other reports of the Joint Financial Commission
concerning the discharge of its responsibilities in accordance with this
Constitution; and
(e) any other matters concerning the Joint Financial Commission.
253. There shall be the Consolidated Fund of the Government of the
United Republic which shall be called the Consolidated Fundwhich all
the revenue derived from varioyu sources shall be paid into, except
(a) the revenue that has been specified by law to be used for a special
purpose or be paid in to another fund for special use; or
(b) revenue which in accordance with the law, Government institutions
have been allowed to collect and retain for meeting the cost of running
those institutions.
254 (1) Money shall be paid out of the Consolidated Fund of the Government of the
United Republic for expenditure in accordance with the following terms:
(a) such money should be for the purpose of expenditure which has been authorised to
be charged upon the Consolidated and the authorisation granted in accordance with
this Constitution or law; and
(b) such money is for the expenditure which has been authorised by Appropriation Act
enacted by Parliament for that purpose or any law enacted by Parliament.
(2) Subject to the provision of Sub-article (1), moneys in the Consolidated Fund shall
be paid out from that fund for the purpose of expenditure on condition that such expenditure has
been approved by the Controller and Auditor General of the United Republic.
(3)
Moneys in any special fund of the Government, other than the Consolidated Fund,
shall not be paid out of that fund for expenditure unless such expenditure has been authorized by
law.
255.-(1) The President shall give directions to the persons concerned to

prepare and submit to the National Assembly, in each Government financial year,
estimates of revenue and expenditure of the Government of the United Republic
for the next financial year
90
(2) the estimates of the revenue and expenditure of the Government of the
United Republic prepared in accordance with Sub-article (1), shall first be
presented to the relevant Parliamentary Committee fo evaluation and analysis.
(3) The Parliamentary Committee which the estimates of the Government
revenue and expenditure has been sent to in accordance with Sub-article (2), may
invite and receive opinion and advise from various stake holders on the estimates
and after completing the evaluation and analysis of the revenue and expenditure
of of the Government of the United Republic, the committee shall prepare its
report on the Government estimates and present it to the Parliamen.
(4) After discussing and approving the setimates of revenue and
expenditure of the Government presented in accordance with Sub-article (1), the
Government shall introduce in to the National Assembly an Appropriation Bill
for the purpose of authorizing the issue from the Consolidated Fund sums
necessary to meet the expenditure for various activities of the Government
involved in those estimates.
(5) Where in any financial year it is found that:
(c) the ammount of money appropriated by the Appropriation Act for a
certain purpose is insufficient;
(d) it has been necessary to incur expenditure in respect of an activity for
which no amount has been appropriated under the law of the country;
(e) money has been expended for a certain purpopse in excess of the
amount appropriated for it by the Appropriation Act; or
(f) money has been expended for a purpose for which no amount was
appropriated in accordance with the law,
there shall be presented before the National Assembly a
supplementary estimate or, as the case may be a statement of exess, and after the
National Assembly has approved the supplementary estimates or the statement of
excess, there shall be introduced in the National Assembly an Appropriation Bill
for the purpose of authorizing the issue of funds from the Consolidated Fund and
such money shall be used to meet the cost of the activities involved in the
supplementary estimates or statement of excess.
Procedure for
authorization of
expenditure
before the
Appropriation Act
comes into
operation
256.-(1) Where the financial year of the Government has begun and the
Appropriation Act in relation to that year has not come into operation, the
President may authorize the issue of money from the Consolidated Fund of the
Government of the United Republic for the purpose of meeting the expense of
essential business of the Government, and such money shall be expended until
the expiration of four months from the beginning of the financial year or until the
Appropriation Act comes into operation, which ever occurs earlier.
(2) Parliament shall enact a law providing for the authorization of
expenditure of money from the Consilidated Fund of the Government of the
United Republic in accordance with the procedure prescribed in Sub-article (1).
91
Contingencie
s Fund
Remunaration of
certain holders of
public office to
be charged of
Consolidated
Fund
257.-(1) There shall be a Contingency Fund which its use shall be

specified in the provision of an act.
(2) An Act mentioned in Sub-article (1) shall authorize the President or a
Minister responsible for Finance , where he is satisfied that:
(a) there is an urgent and unforeseen need for which no funds have been
provided, to boeeow money from the Contingency Fund to meet the
cost of the need; or
(b) an urgent and unforeseen need as referred to in paragraph (a) of Subarticle (2), to use money specifically appropriated for a certain
business to meet tthe cost of the need.
(3) Where money has been borrowed from the Contingency Fund or
meney specifically appropriated for a certain purpose has been used to meet the
cost of an urgent need, there shall be presented befor the National Assembly
supplementary estimates, and after the National Assemblt has approved the
supplementary estimates, a supplementary Appropriation Bill which shall be
introduced in the National Assembly for the purpose of authorizing such
expenditure shall ensure that any money borrowed from the Contingency Fund
shall be reimburse from the money the expenditure of which shall be authorized
by that bill.
258.-(1) There shall be employees of the Government of the United
Republic who shall be paid salaries and allowances as it may be specified by the
law.
(2) For the purpose of Sub-articele (1), money for the salaries and
allowances payable to holders of government offices to whom the provision of
this Article apply, together with pansion and gratuity shall be a charge on the
Consolidated Fund of the Government of the United Republic.
(3) The salary payable to the holder of public office to whom the
provisions of this Article apply together with his terms and conditions of service
shall not be verified, after that holder of public office has been appointed, in a
manner which is less benefitial to him, but these provisions shall not apply to
allowances payableto the holder of such office.
(4) Where the holder of public office to whom the provisions of this
Article apply has the option to choose the salary or the terms and conditions of
service, them for the purpose of construing the provisions of Sub-article (3), the
slary, the terms and conditions of service which he chooses shall be deemed to be
more benefitial to him than any other slary or terms and conditions of service
which he could opted for.
(5) The provisions of this Article shall apply to the Judge of Supreme
Court, Justice of the Court of Appleal, Judge of the High Court of the United
Republic, Chairman, Vice-Chairman and Commissioners of Commission for
Human Rights and Good Governence, Chairman, Vice-Chairman and Members
of the Independent Electoral Commision, Controller and Auditor General of the
United Republic, and other employees specified in the laws of the country.
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(b) Public Debt and Loans of the Government of the United Republic
The Public
Debt
259.-(1) The public debt shall be secured on the Consolidated Fund of the
Government of the United Republic.
(2) For the purpose of the interpratation of this Article, the public debt
shall include the debt of the Government of the United Republic and any other
debt to be secured by the Government of the United Republic.
Authority of
the
Government
of the
United
Republic to
borrow
260.-(1) The Government of the United Republic shall have the authority
to borrow money inside and outside the United Republic for the purpose of
meeting the coast of the functions under its jurisdiction.
(2) Parliament may enact a law which:
(a) shall provide for the provisions to be observed by the Government
during borrowing;
(b) shall set a limit of the National debt and the purpose of that debt; and
(c) shall set out procedure for the Government to submit reports on
borrowing and the public debt before the National Assembly.
(3) Subject to the provision of Sub-artice (2)(b), the report to be submitted
before the National Assembly shall explain among other things:
(a) the size of the existing loan and its intererst;
(b) the expenditure made or to be made by the relevant borrowed funds;
(c) procedure set out for paying back the relevant debt; and
(d) step reached in paying back the relevant debt.
261.-(1) The Revolutionary Government of Zanzibar shall have the
authority to borrow money inside and outside the United Republic for the purpose
of meeting the cost of the functions under its jurisdiction.
(2) Where a loan requires a surety, the Government of the United
Republic after consultation and agreement with the Revolutionary Government of
Zanzibar, shall provide surety for the loan requested.
(3) Without prejudice to the provisions of Article 76, Parliament shall
enact a law that shall provide for provisions to institute procedures for the
Giovernment of the United Republic to provide suerity for loans to the
Reviolutionary Government of Zanzibar.
262.-(1) The authority to levy tax on all Union matters and for non-union
matters concerning Tanzania Mainland shall be under the Government of the
United Republic.
(2) The authority to levy tax for all non-union matters concerning
Zanzibar shall be under the Revolutionary Government of Zanzibar.
(3) No tax of any type shall be imposed in the United Republic except in
asccordance with the law.
263.-(1) In public procurement, the Government and public institutions
shall be required to follow a procedure that takes into account justice,
transparency, public interest, accountability, competition and value for money.
Authority of the
Revolutionary
Government of
Zanzibar to
borrow
Authority to
levy tax
Public
procurement
93
Central Bank
of the United
Republic
National security
(2) Parliament shall enact a law providing for provisions on supervision

and control of government procurement and its institutions which shall observe
the following principles:
(a) to procure products that are locally roduced and services that are
locally available;
(b) groups that shall be given priority while issuing contracts;
(c) to provide special opportunity to people or groups effected by unfair
competition;
(d) penalty for contractor who performed below standard and violating
professional procedures, relevant contract or law; and
(e) penalty for a person who has evaded tax or convicted for offences
related to corruption or gross violation of law and work procedure.
264.-(1) There shall be a Central Bank of the United Republic which shall
be known as the Central Bank of Tanzania.
(2) The Central Bank of Tanzania shall have the following responsibilities:
(a) to issue currencies;
(b) to control and supervise the circulation of currencies;
(c) to prepare and oversee policies and programmes in connection with
currencies;
(d) to control and oversee issues related to foreign currenciesi;
(e) to oversee commercial banks and all financial institutions in the
United Republic; and
(f) to maintain the account of the Government Funds.
(3) In discharging its responsibilities the Central Bank of Tanzania shall
be independent and shall not be interfered with either by being given directives or
controlled by any person or authority.
(4) Parliament shall enact a law providing for provisions on structure,
authority, functions and operations of the Central Bank of Tanzania.
CHAPTER SEVENTEEN
DEFENCE AND SECURITY OF THE UNITED REPUBLIC
(a) Defence and National Security
265.-(1) The responsibility for defence and security of the United
Republic is upon every citizen.
(2) The security of the United Republic concerns the protection of all the
boundaries of the territory of the United Republic as stipulated in Article 2
including land, air space, rivers, lakes, islands and deep sea, its people, their
property, justice, freedom and other national benefits against internal and externa
threats.
(3) Defence and security of the United Republic shall be strengthened in
accordance with the following rules:
(a) defence and National security is guided by the authority of this
Constitution; and
(b) defence and National security shall be discharged by observing
national and iternational laws, and adhering to the rule of law and
human rights.
94
Defence and
National security
organs
National Security
Council
Responsibiities of
the National
Security Council
266.-(1) The defence and National security organs shall be:

(a) Tanzania Peoples Defence Force;
(b) Piolice Forceof the United Republic; and
(c) Tanzania Intelligence and Security Services.
(2) The duty of the defence and National security organs and the security
structure is to guard the borders of the United Republic, countrys resources,
interests of the citizens and other people, their property, justice and freedom,
authority of the country, peace and national unity.
(3) In the discharge of their responsibilities, the defence and national
security organs and every employee of those organs shall not be allowed:
(a) to practice favouratism in any way;
(b) to join any political party or to promote the interests of any political
party or its policies;
(c) to sabotage the political interests or a political programme which is
legal in accordance with this Constitution;
(d) to threaten, to be unjust or to be cruel to the citizens and other people;
and
(e) to obey any illegal command.
(9) No person shall be allowed to form an institution, company,
association or corporation connected with defence and National security or
military organization, except as approved by this Constitution or law.
(10) Defence and National security organs shall be under the
jurisdiction of the Commander-in-Chief.
discharging of responsibilities, procedure and management of cefence and
National security organs.
267.-(1) There shall be the National Security Council that shall consist of
the following members:
(a) The President who shall be the Chairman;
(b) The First Vice-President;
(c) The President of Zanzibar and Second Vice-President;
(d) The Prime Minister and Third Vice-President.
(2) The Chairman could invite any person to participate at the sitting of
the National Security Council.
(3) There shall be the Secretariat of the National Security Council that
shall be headed by the Chief Seceretary.
(4) The National Security Council shall formulate procedures for the
conduct of its sittings.
(5) Parliament shall enact a law providing for provisions for the discharge
of responsibilities of the National Security Council.
268. The National Security Council shall have the folloeing
responsibilities:
(a) To amalgamate the domestic, foreign and military policies concerning
national securuty so as to enable defence and national securty organs
to cooperate full.
95
(b) to receive and evaluate reports from defence and national security
organs and government institutions concerning the security of the
country;
(c) to perform any other duties as the President may instruct.
(b) Tanzania Peoples Defence Force
Formation of the
Tanzania
Peoples
Dafance Force
269.-(1) There shall be the Tanzania Peoples Defence Force which shall
have the responsibility of safaguarding the freedom and the boundaries of the
United Republic and to oversee the defence and security of the paeople.
(2) The President may form other brigades of the Tanzania Peoples
Defence Force as it deems fit.
Appointment of
the Head of
Defence Forces
270.-(1) There shall be the Head of the Defence Forces who shall be a
citizen of the United Republic by birth and shall be appointed by the President.
(2) The Head of the Defence Forces shall dischrge his responsibilities in
accordance with the laws of the country.
Powers of the
Commander inChief
271.-(1) Without prejudice to the provisions established by the law, the

President as the Commader-in-Chief shall have the power to order the national
defence forces:
(a) to do things concerned with a war in defence of the United Republic;
(b) to save the lives and property of the people during the state of
emergency;
(c) to provide assistance to the community during emergency and
calamity; and
(d) to do other things which the Commander-in-Chief may feel necessary,
and for that purpose the Commander-in-Chief may order those forcesto do those
things either inside or outside the United Republic.
(2) In the discharge of the provisions of this Article and in accordance
with the law, the powers on the following matters shall be veste in the hands of
the Commander-in-Chief:
(a) to appoint leaders in the defence forces of the United Republic;
(b) to commission officers in the defence forces;
(c) to appoint members of the armed forces who shall lead different
forces of the defence forces;
(d) to order any member of the armed forces not to use any power vested
on him which is associated with his being a member of the armed
force; and
(e) to protect the freedom and the boundaries of the United Republic.
(3) For the purpose of this Article, any thing done by a member of the
armed force contrary to the order of the Commander-in-Chief shall be nul and
void.
(c) The Police Force
The Police
Force of the
United
Republic
272. There shall be the Police Force of the United Republic which shall
have the responsibility of providing security to the people
96
Appointmentof
the Head of the
Police Force
Establishment of
other defence
services
and their property under the provisions of this Constitution.

273.-(1) There shall be the Head of the Police Force of the United
Republic who shall be a citizen of the United Republic by birth and shall be
(2) The Head of the Police Force shall discharge his responsibilities in
accordance with the laws of the country.
274. Without prejudice to the provisions of Article 266, Parliament may enact
a law for the purpose of providing a provision that shall allow the formation,
control and supervision of other institutions for providing security services.
(d) Department of the National Security of the United Republic
Establishment
the Departmenr
of the National
Security
Appointment of
the Director
General of the
Department of
National Security
275.-(1) There shall be the Department ofNational Security of the United

Republic to be called Department of National Security.
(2) The department of National Security shall be concerned with the work
of strengthening the security of the United Republic and to safeguard the interests
of the Nation and its people and shall discharge other responsibilities as may be
prescribed by the law.
276.-(1) There shall be a Director General of the Department of the
National Security who shall be a citizen of the United Republic by birth and shall
be appointed by the President.
(2) The Director General of the Department of National Security shall
discharge his responsibilities in accordance with the laws of the country.
CHAPTER EIGHTEEN
MISCELLNEOUS
Procedure for
resigning from the
Public Service
277.-(1) Any person holding any office established by this Constitution

may resign by giving notice in writing and signed by him, in accordance with the
following conditions:
(a) if such person was appointed or nominated by one person, then such
notice of resignation shall be submitted to the person who appointed
or nominated him, or where he was appointed or nominated by a body
of persons, then such notice of resignation shall be submitted to that
body of persons;
(b) if that person is the holder of the office of the President, then the
notice of resignation shall be submitted to the Speaker;
(c) if that person is the holder of the office of the First Vice-President,
then the notice of resignation shall be submitted to the President;
(d) if that person is the holder of the office of the Prime Minister then the
notice of resignation shall be submitted to the President with a copy
to the Speaker; and
(e) if that person is a Speaker or Deputy Speaker of the National
Assembly, then the notice of resignation shall be submitted to the
Clerk of the National Assembly.
97
(2) A person who has given notice of resignation pursuant to the

provisions of Sub-article (1), shall be deemed to have resigned from the day the
notice of resignation is received by the person or body of persons concerned or
when received by any person authorized by a person or body of persons
concerned to receive the notice of resignation:
But where the notice of resignation states that that person will resign some
later day after the receipt of that notice by the person or body of person
concerned, then that person shall be deemed to have resigned from such later day.
(3) Where any person holding any office established by this Constitution
resigns, then if he has all the necessary qualifications and in every respect eligble,
he may be reappointed or nominated to hold such office in accordance with the
Provisions
concerning
succession to
office
278.-(1) For the purpose of interpreting provisions of this Constitution in

relation to the procedure of handig over office in the service of the Gevernment
of the United Republic , any person having power, pursuant to this Constitution,
to appoint another person to hold a certain office, that person shall have the
power to appoint a person to act in or to temporarily perform the functions of that
office.
(2) The following rules shall also apply for the purpose of interpreting the
provisions of this Constitution concerning the procedure of succession of office
in the service of the Government of the United Republic:
(a) where a person is holding office that he has succeeded pursuant to the
provisions of this Constitution and that person is on leave and at the
same time pending vacation of office, then another person may be
appointed to that office not withstanding that the person pending
vacation of office is is still in service;
(b) where two or more persons concurrently hold a certain office
pursuant to their appointment in accordance with the rules laid down
in paragraph
(a), then in those circumstances if the need arise to perform any duty
connected with that office the person last appointed shall be deemed
to be the only person holding such office; and
(c) where a person is appointed, pursuant to the provisions of this
Constitution, to act in or to perform the funtions of a certain office
when a substative holder of that office fails to perform the duties
connected with that office, then he shall not be parmited to inquire
into or to make any represantation against such appointment on the
grounds that the substantive holder failed to perform the duties
connected with that office.
279.-(1) In this Constitution unless the context require otherwise:
interpretation
98
military law means a law or command issued pursuant to a law regulating

discipline in a Force;
House of Represantatives means the Zanzibar House of represantatives
mentioned by this Constitution;
Parliament means the Parliament of the United Republic mentioned in
accordance with Article 129;
political party means a political party which has been registered in accordance
with the law concerning political parties;
Department of National Security means a Department of National Security
established in accordance with Article 275;
Senior Judge means a Judge of the High Court appointed in accordance with
Article 194;
Chief Justice means the Chief Justice of the Court of the United Republic
appointed in accordance with Article 175 and is the Head of the Court of
Chief Justice of Zanzibar means the Chief Justice of the High Court of
Zanzibar who in accordance with the Zanzibar Constitution of 1984 is the head
of the Court of Zanzibar;
United Republic means the United Republic of Tanzania;
force means any force among defence forces and includes any other force
formed by this constitution or in accordance with the law and governed by
military law;
Plice Force means the Police Force established in accordance with Article 272;
Oath means an official declaration of any type allowed to be used legaly;
oath of allegiance means an oath of being faithful to the country and to the
Government of the United Republic;
Court means the High Court and the Court of Appeal, High Court of the
United Republic or High Court of Zanzibar , in whatever the case;
Vice-President means any person appointed to the office of the Vice-President
in accordance with this Constitution;
Union Matters means all matters mentioned in Schedule One of this
Constitution as being Union Matters;
State authority means the state authority mentioned in Article 74;
Director of Public Prosecution means a person who has been appointed to hold
the office of Director of Public Prosecution in accordance with Article
120;
public servant means a person who has been employed in the service of the
Government of the United Republic as may be specified by an act to be
enacted by Parliament;
Attorney General means any person appointed to the office of the Attorney
General of the Government of the United Republic in acoordance with
Article 118;
99
office means position, post, status, position of leadership of executive authority

in the public service;
Deputy Chief Justice means a person who has been appointed to hold the office
of Deputy Chief Justice in accordance with Article 176;
Deputy Attorne General means any person appointed to hold the office of
Deputy Attorney Genetral in accordance with Article 119;
Government means including the Government of the United Republic, the
Revolutionary Government of Zanzibar or District Council or Town
Council and also any person discharging power or authority on behalf of
the Government;
Local Governments means Local Government Authorities formed in
accordance with Article 124;
Tanzania Mainland means the territory of the United Republic which before the
Union of 1964 was the territory of the Republic of Tanganyika;
Tanzania Zanzibar means the territory of the United Republic which before the
Union of 1964, was the territory of the Peoples Republic of Zanzibar;
General Election means an election of the President and an election of
Members of Parliament representing electoral constituencies to be held in
accordance with this Constitution;
Minister means any person appointed to hold the office of a Minister and the
office of Deputy Minister shall be interparated in the context;
Prime Minister means any person appointed to hold the office of the Prime
Minister in accordance with this Constitution;
Zanzibar means the same as the meaning of Tanzania Zanzibar.
(2) The following rules shall be applied for the purpose of construing the
provision of this Constitution:
(a) whenever a reference is made to the functions of the office of the
President, it shall be construed to include powers to perform various
duties and functions as Head of State, Head of the Government and
Commander-in-Chief and also such other functions or duties if so
provided in this constitution or in any other law that such other
powers are of the President or such other duties are of the President;
(b) whenever reference is made to an office in the service of the
Government it shall be construed that the office concerned is within
the service of the Government of the United Republic unless it is
stated otherwise;
(c) if pursuant to the provisions of this Constitution there is any matter
required to be performed or to be dealt with by any political party,
then that matter shall be performed or dealt with by that party in
accordance with the procedure laid down by that party for that
100
purpose and also in conformity with the provisions of this

Constitution or any law of the country enacted for that purpose;
(f) a person shall not be deemed to hold office in the service of the
Government of the United Republic by reason only that he is
receiving pension or other payment of that kind in respect of his past
service in the Government of the United Republic, the Revolutionary
Government of Zanzibar, Tanzania Peoples Defence Force, Police
Force of the United Republic and the Department of the National
Security:
Unless the context require otherwise, whenever a reference is
made to the holder of a certain office by reference to the designation of
his office, such reference shall be construed to include any person who is
acting in , or who has been duly appointed to perform the function of that
office;
(e) wherever there is reference to the power to remove the holder of an
office in the serivice of the Government of the United Republic, it
shall be construed that the power concerned includes conferred in
accordance with provisions of any law which requires or permits that
person to retire:
Title and
commencement
Repeal of the
Constitution of the
United Republic of
Tanzania 1977
Chapter 2
Except that the provision of this rule shall not apply to a Judge of
the High Court, Justice of Appeal, Judge of the High Court of the United
Republic or Controller and Auditor General of the United Republic; and
(f) wherever there is a reference to a law which replaces or repeals
another law, it shall be construed that the law concerned includes a
law, which amends that other law or which extends the application of
that other law, whether without or after modification or amendment;
or a law which introduces new provisions in another law.
280.-(1) This Constitution shall be cited The Constitution of the United
Republic of Tanzania 2014.
(2) This Constitution shall be operational on the date it is enaugurated
by the President of the United Republic of Tanzania.
(3) This Constitution shall apply in Tanzania Mainland and Zanzibar.
281. The Constitution of the United Republic of Tanzania 1977 is hereby
repealed, except on issues arising from the transitional provisions, shall not have
legal powers soon ofter this Constition comes into force.
101
CHAPTER NINETEEN
PROVISIONS ARISING FROM TRANSITIONAL
PROVISIONS
PART ONE
PROVISIONS ARISING
Application of some
of the provisions of
Constitution Chapter
2
282.-(1) Provisions arising from Transitional Provisions stipulated in this

Chapter of the Constitution shall come into force on the date that the
Constitution of the United Republic of Tanzania 2014 comes into force.
(2) For the purpose of clearity, the Constitution of the United Republic of
Tanzania 1977 shall have been repealed and, except for issues stipulated in Part
Two of this Chapter, shall have no legal powers from the date the Constitution of
the United Republic of Tanzania 2014 comes into force.
CHAPTER TWO
CONSTITUTIONAL PROVISIONS AND LAWS OF THE COUNTRY
Continuation of the
use of provisions of
the Constitution
283.-(1) Provision Arising from Transitional Provisions in this Chapter of

the Constitution and those contained in the Changes of the Special Law
which are still in force in the Constitution stipulated in this Article, shall
continue to be in force.
(2) For the pupose of this Article, Special Laws means:
(a) the Republic of Tanganyika (Consequential, Transitional and
Temporary Provisions) Act, 1962;
(b) the Interim Constitution (Consequential, Transition and Temporary
Provisions) Act, 1965;
(c) the Constitution (Consequential, Transitional and Temporary
Provisions) Act, 1977;
(d) the Constitution (Consequential, Transitional and Temporary
Provisions) Act, 1984; na
(e) the Constitution (Consequential, Transitional and Temporary
Provisions) Act, 1992.
Continuation of the
use of the laws of
the country
284.-(1) Provisions of the laws stipulated in Sub-article (2) which have

been in use before the Constitution of the United Republic of Tanzania 2014
comes into force, shall continue to be in use in a way that is directed in this
Article.
(2) Laws of the country which were:
(a) enacted by the Parliament of the United Republic before the
Constitution of the United Republic of Tanzania 2014 comes into
force shall continue to be in use for the purpose of the issues specified
in those laws; and
102
(b) enacted by the Parliament of the United Republic which apply in

Tanzania Mainland shall continue to be in use in Tanzania Mainland
for the purpose of the issues specified in those laws.
(3) For the purpose of the provisions of Sub-article (2), during and after
the Period of Transition:
(a) all laws enacted by the Parliament of the United Republic which
apply in Tanzania Mainland and Zanzibar and taking into account the
amendments that may be required, shall be laws of the country which
shall apply in the United Republic for Union Matters;
(b) taking into account the division of Union Matters and Non-Union
Matters specified in the Constitution of the United Republic 2014 all
laws enacted by the Parliament of the United Republic which apply
in Tanzania Mainland and Zanzibar, considering the amendment that
may be required, shall apply in Tanzania Mainland or Zanzibar for
Non-Union Matters until such time when Tanzania Mainland or
Zanzibar enacts a law in relation to those matters; and
(c) all laws enacted by the Parliament of the United Republic which
apply in Tanzania Mainland and considering the amendmets that
might be required, shall be laws that apply in Tanzania Mainland.
PART THREE
PUBLIC SERVICE
Government of the United Republic
President to
continue to remain
in office
285. A person who has been holding the office of the President of the
United Republic before this Contitution came into force, shall continue to hold
the office of the President under the provisions of this Constitution until another
person is elected in his place during the General Presidential Election in
accordance with this Constitution.
Vice-President to
continue to remain
in office
286. A person who has been holding the office of the Vice-President of
the United Republic before this Constitution came into force, shall continue to
hold the office of the Vice-President under the provisions of this Constitution
until the Vice-President of the United Rrepublic is eclected in his place during
the General Election.
Prime Minister,
Ministers and
Deputy Ministers
to remain in office
287.-(1) A person holding the office of the Prime Minister shall continue
to hold the office of the Prime Minister until the General Election takes place and
the President elect has been sworm in to assume his office.
(2) A person holding the office of a Minister or Deputy Minister shall
continue to hold that office until the General Election takes place and that office
shall cease twenty eight hours before the President elect of the United Republic
of Tanzania is sworn in to assume the office of the President.
103
(3) Provisions of Sub-article (1) and (2), shall not be construed as

removing or minimising the powers of the President in accordance with the
Constitution of the United Republic of Tanzania of 1977 or the laws of the
country to omit the power to remove from office or remove from employment a
person holding an office or acting in the office of the Prime Minister, Minister or
deputy Minister to resign.
Continuation of
public service
Chapter 2
288.-(1) Every person who held or assumed an actig position in the

public service in the Government of the United Republic, Parliament of the
United Republic and Court of the United Republic before the date the
Constitution of the United Republic of Tanzania 2014 comes into force he shall
continue and shall be recognized as being nominated, appointed or employed to
hold office or act to hold an office of a public servant in the Government of the
United Republic, Parliament of the United Republic or Court of the United
Republic and the provision of the Constitution of the United Repulic 2014 or the
laws of the country in relation nomination, appointment, employment and taking
an oath have been observed and implemented.
(2) Every person, who according to the Constitution of the United
Republic of Tanzania 1977 or the laws of the country, shall be required to vacate
an office after the expiration of a specific period or at attaining the age of
retirement, shall cease to hold an office in the public service after the expiration
of that specific period or attaining the age of retirement.
(3) Provisions of Sub-article (1) and (2), shall not be construed as
removing or minimizing the powers that some one is holding or bestowed to an
authority in accordance with the Constitution of the United Republic of
Tanzania 1977 or the laws of the country to abolish a position in an office and
remove from office or remove from employment a person holding an office or
acting in the office or to urgue a public servant to resign.
(4) For the purpose of payment for gratuity or other old age benefits, the
period of service for a puplic servant connected with the provisions of this
Article, shall be counted as being together with the period of service he had
served before the Constitution of the United Republic of Tanzania 2014 came ito
force.
(5) Only if it is otherwise directed, conditions of service for a public
servant to whom the provisions of this Article apply shall not be of less benefit
compared to his conditions of service before the Constitution of the United
Republic of Tanzania 2014 or the laws of the country that shall be enacted for
that purpose came into force.
PART FOUR
To continue to be a
Member of
Parliament and
leadership of the
Parliament
289.-(1) Taking into account te provisions of Sub-article (2), and the

laws of the country in relation to the election of Members of Parliament of the
Parliament of the United Republic and the election of the Speaker, Deputy
Speaker, Leader of the Parliamentary Committees and Members of Parliament,
104
Chapter 2 and 343
Dissolution of
Parliament
Chapter 2
Chapter 2
they will continue to hold those positions until the last date of the life of the
Parliament in accordance with this Constitution.
(2) Provisions of Sub-article (1) shall not be construed as preventing the
removal of a Speaker, Deputy Speaker, Leaders of the Parliemantary Committees
or a Member of Parliament, in accordance with the Constitution of the United
Republic 1977, the National Electoral Law and the Standing Orders of the
Parliament.
290.-(1) Where, in accordance with the Constitution of the United
Republic of Tanzania 1977 or the laws of the country, there is any thing that
needs to be done or could be done, that thing could be done following the
dissolution of the Parliament of the United Republic of Tanzania.
(2) If an urgency of convening the Parliament arises before the
announcement of the results of the General Election that is to be held after the
dissolution of the Parliament of the United Republic:
(a) for the purpose of covening the Parliament, Speaker, Deputy Speaker
and Members of Parliament elected in accordance with the
Constitution of the United Republic 1977, the laws of the country and
the Standing Orders of the Parliament could be called and they shall
be the Speaker, Deputy Speaker and Members of Parliament of the
Parliament of the United Republic that shall be convened; and
(b) for the pupose of a nomination for an office while the Parliament has
been dissolved, such nomination could be done of a person who was a
Member of Parliament in accordance with the Constitution of the
United Republic 1977 and the relevant laws of the country.
PART FIVE
COURT OF THE UNITED REPUBLIC
Continuation of
the Court of
Appeal and the
High Court
Chapter 2
Contiuation of
proceedings
already in court
Chapter 2
291.-(1) The Court of Appeal of the United Republic and the High Court
shall continue and shall have the authority to hear proceedings to determin or
give orders in accordance with the Constitution of the United Republic of
Tanzania 1977 and the laws of the country.
(2) For the purpose of Sub-article (1), Justices of the Court of Appeal and
Judges of the High Court shall have the authority to hear proceedings, to
determin or give orders on proceedings instituted or to be instituted at the Court
of Appeal or the High Court.
292.-(1) Any proceeding that has not been finalized or has been finalized
at the Court of Appeal or the High Court shall continue to be heard until it is
finalized; and the Judgement, certificate reinforcing the judgement and the order
issued or to be issued in that proceeding could be pronounced and implemented
by the the Court of Appeal or the High Court
(2) For the purpose of Sub-article (1), every judgement, certificate of
reenforcing the judgement and the order issued by the Court of Appeal or the
High Court that has not been fully complied with before the the Constitution of
the United Republic of Tanzania 1977 is repealed, could be fully complied with
after the Constitution of the United Republic of Tanzania 2014 comes into force
105
(3) Any decision of the Court of Appeal made in connection with any
proceeding instituted before the establishment of the High Court in accordance
with the provisions of the Constitution of the United Republic 2014 shall not be
challenged by an appeal at the High Court.
PART SIX
TRANSITIONAL PROVISIONS
Period of
transition
Implemantation of
the provisions of
the New
Constitution
Committee for
implementing
the
Constitution
293.-(1) The period of transition shall be all the period from the day the
Constitution of the United Republic Tanzania 2014 comes into force until after
four years after this Constitution comes into force.
(2) The Parliament may, following a resolution to be supported by two
third of all the Members of parliament, extend the period of transition mentioned
in Sub-article (1) for a period of not more than two years so as to finalize
transitional matters that have not been done or completed.
294. The following matters shall be done and completed during the
period of transition:
(a) to ammend the 1984 Zanzibar Constitution so as to be inconformity
with the provisions of the Constitution of the United Republic of
Tanzania 2014;
(b) to enact and ammend different laws of the United Republic of
Tanzania, laws that are not union laws and cocerning Tanzania
Mainland and the laws of Zanzibar so as to be inconformity with the
provisions of the Constitution of the United Republic of Tanzania
2014;
(c) formation of the Supreme Court;
(d) formation of Commissions and other constitutional Institutions
stipulated in the Constitution of the United Republic of Tanzania
2014 and in accordance with the provisions of this Constitution;
(e) to nominate for offices in accordance with the procedures stipulated
in the Constitution of the United Republic of Tanzania 2014; and
(f) to prepare and do all important matters for better implementation of
constitutional provisions contained in the Constitution of the United
Republic of Tanzania 2014.
295.-(1) For the purpose of the implementation of the provisions of this
Chapter, the President through a Certificate of Nomination shall nominate a
Committee for Implementing the Constitution during the period of transition.
(2) The responsibilities of the Committee for Implementing the
Constitution shall be as specified in the Certificate of Nomination.
296. After the expiration of the Period of Transition, the provisions of
Chapter Nineteen shall cease and shall have no legal powers.
Repeal of
Provisions arising
from the
Transitional
Provisions
106
_____________
SCHEDULE ONE
______________
(Referred to in Article 74(3))
Union Matters
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Constitution and the authority of the United Republic of Tanzania.

Foreign Affairs.
Defence and Security of the United Republic of Tanzania.
Police.
Authority in matters related to the state of emergency.
Citizenship and migration.
Service in the Government of the United Republic.
Income tax paid by individuals and Corporations, excise duty and duty charged for
product manufactured in Tanzania and supervised by the Customs Department.
Communication.
Currency and Central Bank.
Higher Education.
National Examination Council.
Security and air transport.
Weather forecast.
Supreme Court and Court of Appeal.
Registration of Political Parties.
______________
SCHEDULE TWO
_____________
(Referred to in Article 134(1)(b))
(Laws whose change require the support of two third of all Members of
Parliament from Tanzania Mainland and two third of all the Members of
Parliament from Zanzibar)
1.
2.
A Bill to change the provisions of the Constitution of the United Republic in relation to
Union Matters.
To add or remove any Union matter.
107
___________
SCHEDULE THREE
_____________
(Referred to in Artice134(1)(c))
(Matters whose change require the support of more than half of the valid votes cast by
the people of Tanzania Mainland, and more than half of the valid votes cast by the people
of Tanzania Zanzibar during the referendum)
1.
2.
3.
Structure of the United Republic of Tanzania.

The existence of the United Republic.
To change the provisions of Article 134(1)(c) of this Constitution.
Dodoma,
October, 2014
ANDREW J. CHENGE
Chairman of the Drafting Committee
108

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UNITED REPUBLIC OF TANZANIA

FINAL DRAFT OF THE PROPOSED CONSTITUTION

FINAL DRAFT OF THE PROPOSED CONSTITUTION

The United Republic of Tanzania

Authority of the citizen

National political Goal

National Economic Goal

Land in the United Republic

Responsibility of public leadership

Obedience of public leadership ethics

Non-acceptability of some actions

Freedom, dignity and human equality

Duty of the citizen and the community

Duty to safeguard public property

Protection of human rights

Limitations of human rights

Citizenship of the United Republic

Structure of the Union

Government of the United Republic

The President of the Unite Republic

Powers and responsibilities of the President

Election of the President

Power to declare war

The Vice-President of the United Republic

The Prime Minister of the United Republic

Accountability of the Government

Director of Public Prosecution

Union Matters Supervisory and Coordination Commission

Election of Members of Parliament

Quorum at sitting of the National Assembly

Freedom of debate in Parliament

Parliamentary Service Commission

Revolutionary Government of Zanzibar and its authority

President of Zanzibar and his authority

Zanzibar Revolutionary Council and its functions

Zanzibar House of Representatives.

Formation of the Court of the United Republic

Structure of the Judiciary

The Haigh Court

Appointment of Chief Justice

The Court of Appeal

Appointment of the Chairman of the Court of Appeal

Oath of Service of Justice of Appeal

The High Court of the United Republic and its jurisdiction

The High Court of Zanzibar

Registrar of the Court

Judicial Service Commission

Basic principles for public service

Powers and responsibilities of the Public Service Commission

Participation in the election and referendum

Formation of Independent Electoral Commission

Appointment of Director of Elections

Registration of political parties

Appointment of Registrar of Political Parties

Public Leaders Ethics Commission

Commission for Human Rights and Good Governance

Appointment of Controller and Auditor-General of the United Republic

Principles for the utilization of public funds

Formation of the Tanzania Peoples Defense Force