Preamble CHAPTER 1. THE UNITED REPUBLIC, POLITICAL PARTIES, THE PEOPLE AND THE POLICY OF SOCIALISM AND SELF-RELIANCE PART I. THE UNITED REPUBLIC AND THE PEOPLE 1. Proclamation of the United Republic 2. The territory of the United Republic 3. Declaration of multi party state 4. Exercise of state authority of the United Republic 5. The franchise PART II. FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY 6. Interpretation 7. Application of provisions of Part II 8. The Government and the People 9. The pursuit of Ujamaa and Self-Reliance 11. Right to work, to educational and other pursuits PART III. BASIC RIGHTS AND DUTIES Section 1. The Right to Equality 12. Equality of human beings 13. Equality before the law Section 2. The Right to Life 14. Right to life 15. Right to personal freedom 16. Right to privacy and personal security 17. Right to freedom of movement Section 3. The Right to Freedom of Conscience 18. Freedom of expression 19. Right to freedom of religion 20. Person’s freedom of association 21. Freedom to participate in public affairs Section 4. The Right to Work 22. Right to work 23. Right to just remuneration 24. Right to own property Section 5. Duties to the Society 25. Duty to participate in work 26. Duty to abide by the laws of the land 27. Duty to safeguard public property 28. Defence of the nation Section 6. General Provisions 29. Fundamental rights and duties 30. Limitations upon, and enforcement and preservation of basic rights, freedoms and duties Section 7. Extraordinary Powers of the State Authority 31. Derogation from rights and freedoms 32. Power to proclaim state of emergency CHAPTER 2. THE EXECUTIVE OF THE UNITED REPUBLIC PART I. THE PRESIDENT 33. President of the United Republic 34. The Government of the United Republic authority 35. Discharge of the business of the Government 36. Authority to constitute offices and to appoint officers 37. Discharge of duties and in functions of President 38. Election of President 39. Qualifications for election as President 40. Eligibility for re-election 41. Procedure for the election of President 42. Time of assumption and term of office of President 43. Terms of office of President 44. Power to declare war 45. Prerogative of mercy 46. Immunity from criminal and civil proceedings 46A. Impeachment by the National Assembly 46B. Duty of principal leaders of organs with executive power to preserve Union PART II. VICE-PRESIDENT 47. Vice-President his duties and powers 48. Time of assumption of office of the Vice-President 49. Oath of office of the Vice-President 50. Tenure of office of Vice-President PART III. PRIME MINISTER, CABINET AND THE GOVERNMENT Section 1. Prime Minister 51. Prime Minister of the United Republic 52. Functions and authority of the Prime Minister 53. Accountability of the Executive 53A. Vote of no confidence Section 2. Cabinet and Government 54. Cabinet 55. Appointment of Ministers and Deputy Ministers 56. Oath of office of Ministers and Deputy Ministers 57. Tenure of office of Ministers and Deputy Ministers 58. Terms of office of Ministers and Deputy Ministers 59. Attorney General for the Government of the United Republic 59A. Deputy Attorney General 59B. Director of Public Prosecutions 60. Secretary to the Cabinet 61. Regional Commissioners CHAPTER 3. THE LEGISLATURE OF THE UNITED REPUBLIC PART I. PARLIAMENT 62. Parliament 63. Authority of Parliament 64. Legislative power 65. Life of Parliament PART II. MEMBERS, CONSTITUENCIES AND ELECTION OF MEMBERS Section 1. Members of the National Assembly 66. Members of Parliament 67. Qualifications for Member of Parliament 68. Oath of Members of Parliament 69. Formal declaration by Members of Parliament concerning ethics of leaders 70. Members to submit statement of property 71. Tenure of office of Member of Parliament 72. Cessation of employment of civil servants on contesting for election 73. Terms of service of Members of Parliament Section 2. Electoral Commission 74. Electoral Commission Section 3. Constituencies 75. Constituencies Section 4. Election and Appointment of Members of Parliament 76. Elections in constituencies 77. Procedure for election Members of Parliament representing Constituencies 78. Procedure for election of women Members of Parliament 79. Procedure for election of Members by House of Representatives 81. Procedure for proposing women candidates 83. Determination of the validity of a person’s membership of Parliament PART III. PROCEDURE, POWERS AND PRIVILEGES OF PARLIAMENT Section 1. Speaker and Deputy Speaker 84. Speaker and his functions 85. Deputy Speaker 86. Procedure for electing Speaker and Deputy Speaker Section 2. Office of Parliament 87. Clerk of the National Assembly 88. The Secretariat of the National Assembly Section 3. Procedure in the National Assembly 89. Standing Orders of the National 90. Summoning and dissolution of Parliament 91. President may address Parliament 92. Meetings of the National Assembly 93. Presiding at sittings of the National Assembly 94. Quorum at of the sittings National Assembly 95. Vacant seats in the National Assembly 96. Standing Committees of the National Assembly Section 4. Legislative Procedure 97. How to legislate 98. Procedure for altering Constitution and certain laws 99. Procedure for legislation in financial matters Section 5. Powers and Privileges of Parliament 100. Freedom and immunity from proceedings 101. Preservation and enforcement of freedom of debate and procedure CHAPTER 4. THE REVOLUTIONARY GOVERNMENT OF ZANZIBAR, THE ZANZIBAR REVOLUTIONARY COUNCIL AND THE HOUSE OF REPRESENTATIVES OF ZANZIBAR PART I. THE REVOLUTIONARY GOVERNMENT OF ZANZIBAR AND THE PRESIDENT OF ZANZIBAR 102. The Revolutionary Government of Zanzibar and its jurisdiction 103. Head of the Revolutionary Government of Zanzibar and his authority 104. Election of the Head of the Revolutionary Government of Zanzibar PART II. THE ZANZIBAR REVOLUTIONARY COUNCIL 105. The Zanzibar Revolutionary Council and its functions PART III. THE HOUSE OF REPRESENTATIVES OF ZANZIBAR 106. The House of Representatives of Zanzibar, and its legislative functions 107. Authority of House of Representatives CHAPTER 5. DISPENSATION OF JUSTICE IN THE UNITED REPUBLIC, THE HIGH COURT OF THE UNITED REPUBLIC, THE JUDICIAL SERVICE COMISSION FOR MAINLAND TANZANIA, THE HIGH COURT OF ZANZIBAR, THE COURT OF APPEAL OF THE UNITED REPUBLIC AND SPECIAL CONSTITUTIONAL COURT OF THE UNITED REPUBLIC PART I. DESPENSATION OF JUSTICE IN THE UNITED REPUBLIC 107A. Authority of dispensing justice 107B. Independence of the Judiciary PART II. THE HIGH COURT OF THE UNITED REPUBLIC 108. High Court of the United Republic and its jurisdiction 109. Judges of the High Court and their appointment 110. Tenure of office of Judges of the High Court 110A. Procedures relating to discipline of Judges of the High Court 111. Judges’ oath of office PART III. THE JUDICIAL SERVICE COMMISSION 112. Judicial Service Commission 113. Powers and functions of the Commission 113A. Membership in political parties PART IV. THE HIGH COURT OF ZANZIBAR 114. The High Court of Zanzibar 115. Jurisdiction of the High Court of Zanzibar PART V. THE COURT OF APPEAL OF THE UNITED REPUBLIC 116. Interpretation 117. Court of Appeal of the United Republic and its jurisdiction 118. Justice of Appeal and their appointment 119. Jurisdiction of Justices of Appeal 120. Tenure of office of Justices of Appeal 120A. Procedures relating to discipline of Justices of Appeal 121. Oath of office of Justices Appeal 122. Quorum at sittings the Court of Appeal 123. Jurisdiction of a single Justice of Appeal PART VI. PROCEDURE FOR SERVICE OF NOTICES AND EXECUTION OF ORDERS ISSUED BY THE COURTS 124. Execution of court process in the whole of Tanzania PART VII. THE SPECIAL CONSTITUTIONAL COURT OF THE UNITED REPUBLIC 125. Special constitutional Court 126. Jurisdiction of the Special Constitutional Court 127. Composition of the Special Constitutional Court 128. Procedure at sittings of the special Constitutional Court CHAPTER 6. THE COMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNANCE AND THE PUBLIC LEADERS ETHICS SECRETARIAT PART I. THE COMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNANCE 129. Commission for Human Rights and Good Governance 130. Functions of the Commission and the performance procedures 131. Powers of the Commission and procedures for its duties PART II. PUBLIC LEADERS’ ETHICS SECRETARIAT 132. Public Leaders’ Ethics Secretariat CHAPTER 7. PROVISIONS REGARDING THE FINANCES OF THE UNITED REPUBLIC PART I. CONTRIBUTION AND ALLOCATION OF THE REVENUE OF THE UNITED REPUBLIC 133. Joint Finance Account 134. Joint Finance Commission PART II. THE CONSOLIDATED FUND AND THE FINANCES OF THE UNITED REPUBLIC 135. Consolidated Fund of the Government of the United Republic 136. Conditions for withdrawal of moneys from Consolidated Fund 137. Procedure for authorization of expenditure in advance of appropriation 138. Conditions of taxation 139. Procedure for authorizing expenditure out of Consolidated Fund 140. Contingencies Fund and virement 141. Public Debt 142. Remuneration of certain holders of public offices to be a charge on Consolidated Fund 143. Controller and Auditor General of the United Republic 144. Removal from office of Controller and Auditor-General CHAPTER 8. LOCAL GOVERNMENT AUTHORITIES 145. Establishment of local government authorities 146. Functions of Local Government authorities CHAPTER 9. THE ARMED FORCES 147. Prohibition to raise and maintain armed forces 148. Powers of Commander in-Chief CHAPTER 10. MISCELLANEOUS PROVISIONS 149. Provisions relating to resignation from various offices established by this Constitution 150. Provisions relating to procedure of succession to office in of Government service 151. Interpretation 152. Title, commencement and application of this Constitution FIRST SCHEDULE. Union Matters (Referred to in Article 4) SECOND SCHEDULE LIST ONE. Referred to in Article 98(1) (a) LIST TWO. Referred to in Article 98(1)(b)
FIRST SCHEDULE. Union Matters (Referred to in Article 4)
The Constitution of Tanzania and the Government of the United Republic.
Foreign Affairs.
Defence and Security.
Police.
Emergency Powers.
Citizenship.
Immigration.
External borrowing and trade.
Service in the Government of the United Republic.
Income tax payable by individuals and by corporations, customs duty and excise duty on goods manufactured in Tanzania collected by the Customs Department.
Harbours, matters relating to air transport, posts and telecommunications.
All matters concerning coinage, currency for the purposes of legal tender (including notes), banks (including savings banks) and all banking business; foreign exchange and exchange control.
Industrial licensing and statistics.
Higher education.
Mineral oil resources, including crude oil and natural gas.
The National Examinations Council of Tanzania and all matters connected with the functions of that Council.
Civil aviation.
Research.
Meteorology.
Statistics.
The Court of Appeal of the United Republic.
Registration of political parties and other matters related to political parties.
SECOND SCHEDULE
LIST ONE. Referred to in Article 98(1) (a)
(Laws the amendment of which requires to be supported by at least two-thirds of all Members of Parliament)
The Republic of Tanganyika (Consequential, Transitional and Temporary Provisions) Act,1962 Sections 3, 17, 18, 23 and 26
The Civil Service Act 1962, Sections 22, 23 and 24
The Judicial Service Act, 1962, Sections 22, 23 and 24
The whole Act of Union between Tanganyika and Zanzibar.
LIST TWO. Referred to in Article 98(1)(b)
(Matters the amendment of which requires to be supported by two-thirds of all Members of Parliament from Mainland Tanzania and two-thirds of all Members of Parliament from Tanzania Zanzibar).
The existence of the United Republic.
The existence of the Office of President of the United Republic.
The authority of the Government of the United Republic.
The existence of the Parliament of the United Republic.
The authority of the Government of Zanzibar.
The High Court of Zanzibar.
The list of Union Matters.
The number of Members of Parliament from Zanzibar.
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