Constitution of the United Republic of Tanzania 1977, as amended time to time
NOW, THEREFORE, THIS CONSTITUTION IS ENACTED BY THE CONSTITUENT ASSEMBLY OF THE UNITED REPUBLIC OF TANZANIA, on behalf of the People, for the purpose of building such a society and ensuring that Tanzania is governed by a Government that adheres to the principles of democracy and socialism and shall be a secular state.
Download here, Constitution of the United Republic of Tanzania, 1997
Affirmative Action (Broadly)
(1) All persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law.
(2) No law enacted by any authority in the United Republic shall make any provision that is discriminatory either of itself or in its effect.
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(4) No person shall be discriminated against by any person or any authority acting under any law or in the discharge of the functions or business of any state office.
(5) For the purposes of this Article the expression “discriminate” means to satisfy the needs, rights or other requirements of different persons on the basis of their nationality, tribe, place of origin, political opinion, colour, religion, sex or station 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 advantage outside the specified conditions or the prescribed necessary qualifications except that the word “discrimination” shall not be construed in a manner that will prohibit the Government from taking purposeful steps aimed at rectifying disabilities in the society.
… (Art. 13)
(2) No law enacted by any authority in the United Republic shall make any provision that is discriminatory either of itself or in its effect.
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(4) No person shall be discriminated against by any person or any authority acting under any law or in the discharge of the functions or business of any state office.
(5) For the purposes of this Article the expression “discriminate” means to satisfy the needs, rights or other requirements of different persons on the basis of their nationality, tribe, place of origin, political opinion, colour, religion, sex or station 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 advantage outside the specified conditions or the prescribed necessary qualifications except that the word “discrimination” shall not be construed in a manner that will prohibit the Government from taking purposeful steps aimed at rectifying disabilities in the society.
… (Art. 13)
Citizenship and Nationality
6. Citizenship. … (First Schedule, Union matters)
Jurisdiction and Access
(1) The sole function of the Special Constitutional Court of the United Republic is to hear and give a conciliatory decision over a matter referred to it concerning the interpretation of this Constitution where such interpretation or its application is in dispute between the Government of the United Republic and the Revolutionary Government of Zanzibar.
(2) In the performance of its functions in accordance with the provisions of this Article, the Special Constitutional Court shall not have power to inquire into or to alter the decision of the High Court or the decision of the Court of Appeal which has been given in accordance with the provisions of Article 83 of this Constitution or the decision of the Court of Appeal which has been given in accordance with Article 117 of this Constitution.
… (Art. 126)
(2) In the performance of its functions in accordance with the provisions of this Article, the Special Constitutional Court shall not have power to inquire into or to alter the decision of the High Court or the decision of the Court of Appeal which has been given in accordance with the provisions of Article 83 of this Constitution or the decision of the Court of Appeal which has been given in accordance with Article 117 of this Constitution.
… (Art. 126)
Education
(2) Every person has the right to access education, and every citizen shall be free to pursue education in a field of his choice up to the highest level according to his merits and ability.
(3) The Government shall make efforts to ensure that all persons are afforded equal and sufficient opportunity to pursue education and vocational training in all levels of schools and other institutions of learning. (Art. 11)
(3) The Government shall make efforts to ensure that all persons are afforded equal and sufficient opportunity to pursue education and vocational training in all levels of schools and other institutions of learning. (Art. 11)
Employment Rights and Protection
The object of this Constitution is to facilitate the building of the United Republic as a nation of equal and free individuals enjoying freedom, justice, fraternity and concord, through the pursuit of the policy of Socialism and Self Reliance which emphasizes the application of socialist principles while taking into account the conditions prevailing in the United Republic. Therefore, the state authority and all its agencies are obliged to direct their policies and programmes towards ensuring -
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(e) that every person who is able to work does work, and work means any legitimate activity by which a person earns a living;
… (Art. 9)
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(e) that every person who is able to work does work, and work means any legitimate activity by which a person earns a living;
… (Art. 9)
Employment Rights and Protection
(1) Every person has the right to work.
(2) Every citizen is entitled to equal opportunity and right to equal terms to hold any office or discharge any function under the state authority. (Art. 22)
(2) Every citizen is entitled to equal opportunity and right to equal terms to hold any office or discharge any function under the state authority. (Art. 22)
Employment Rights and Protection
(1) Every person, without discrimination of any kind, is entitled to remuneration commensurate with his work, and all persons working according to their ability shall be remunerated according to the measure and qualification for the work.
(2) Every person who works is entitled to just remuneration. (Art. 23)
(2) Every person who works is entitled to just remuneration. (Art. 23)
Equality and Non-Discrimination
The object of this Constitution is to facilitate the building of the United Republic as a nation of equal and free individuals enjoying freedom, justice, fraternity and concord, through the pursuit of the policy of Socialism and Self Reliance which emphasizes the application of socialist principles while taking into account the conditions prevailing in the United Republic. Therefore, the state authority and all its agencies are obliged to direct their policies and programmes towards ensuring -
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(g) that the Government and all its agencies accord equal opportunities to all citizens, men and women alike without regard to their colour, tribe, religion or station in life;
(h) that all forms of injustice, intimidation, discrimination, corruption, oppression or favouritism are eradicated;
… (Art. 9)
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(g) that the Government and all its agencies accord equal opportunities to all citizens, men and women alike without regard to their colour, tribe, religion or station in life;
(h) that all forms of injustice, intimidation, discrimination, corruption, oppression or favouritism are eradicated;
… (Art. 9)
Equality and Non-Discrimination
(1) All human beings are born free, and are all equal.
(2) Every person is entitled to recognition and respect for his dignity. (Art. 12)
(2) Every person is entitled to recognition and respect for his dignity. (Art. 12)
Equality and Non-Discrimination
(1) All persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law.
(2) No law enacted by any authority in the United Republic shall make any provision that is discriminatory either of itself or in its effect.
(3) The civic rights, duties and interests of every person and community shall be protected and determined by the courts of law or other state agencies established by or under the law.
(4) No person shall be discriminated against by any person or any authority acting under any law or in the discharge of the functions or business of any state office.
(5) For the purposes of this Article the expression “discriminate” means to satisfy the needs, rights or other requirements of different persons on the basis of their nationality, tribe, place of origin, political opinion, colour, religion, sex or station 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 advantage outside the specified conditions or the prescribed necessary qualifications except that the word “discrimination” shall not be construed in a manner that will prohibit the Government from taking purposeful steps aimed at rectifying disabilities in the society.
… (Art. 13)
(2) No law enacted by any authority in the United Republic shall make any provision that is discriminatory either of itself or in its effect.
(3) The civic rights, duties and interests of every person and community shall be protected and determined by the courts of law or other state agencies established by or under the law.
(4) No person shall be discriminated against by any person or any authority acting under any law or in the discharge of the functions or business of any state office.
(5) For the purposes of this Article the expression “discriminate” means to satisfy the needs, rights or other requirements of different persons on the basis of their nationality, tribe, place of origin, political opinion, colour, religion, sex or station 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 advantage outside the specified conditions or the prescribed necessary qualifications except that the word “discrimination” shall not be construed in a manner that will prohibit the Government from taking purposeful steps aimed at rectifying disabilities in the society.
… (Art. 13)
Equality and Non-Discrimination
(2) Every person in the United Republic has the right to equal protection under the laws of the United Republic.
(3) A citizen of the United Republic shall not have a right, status or special position on the basis of his lineage, tradition or descent.
(4) It is hereby prohibited for any law to confer any right, status or special position upon any citizen of the United Republic on the basis of lineage, tradition or descent.
… (Art. 29)
(3) A citizen of the United Republic shall not have a right, status or special position on the basis of his lineage, tradition or descent.
(4) It is hereby prohibited for any law to confer any right, status or special position upon any citizen of the United Republic on the basis of lineage, tradition or descent.
… (Art. 29)
Obligations of the State
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 freedom, justice, fraternity and concord:
AND WHEREAS those principles can only be realised in a democratic society in which the Executive is accountable to a Legislature composed of elected members and representative of the people, and also a Judiciary which is independent and dispenses justice without fear or favour, thereby ensuring that all human rights are preserved and protected and that the duties of every person are faithfully discharged: … (Preamble)
AND WHEREAS those principles can only be realised in a democratic society in which the Executive is accountable to a Legislature composed of elected members and representative of the people, and also a Judiciary which is independent and dispenses justice without fear or favour, thereby ensuring that all human rights are preserved and protected and that the duties of every person are faithfully discharged: … (Preamble)
Obligations of the State
The object of this Constitution is to facilitate the building of the United Republic as a nation of equal and free individuals enjoying freedom, justice, fraternity and concord, through the pursuit of the policy of Socialism and Self Reliance which emphasizes the application of socialist principles while taking into account the conditions prevailing in the United Republic. Therefore, the state authority and all its agencies are obliged to direct their policies and programmes towards ensuring -
(a) that human dignity and other human rights are respected and cherished;
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(f) that human dignity is preserved and upheld in accordance with the spirit of the Universal Declaration of Human Rights;
… (Art. 9)
(a) that human dignity and other human rights are respected and cherished;
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(f) that human dignity is preserved and upheld in accordance with the spirit of the Universal Declaration of Human Rights;
… (Art. 9)
Obligations of the State
(3) The civic rights, duties and interests of every person and community shall be protected and determined by the courts of law or other state agencies established by or under the law.
… (Art. 13)
… (Art. 13)
Obligations of the State
(1) Every person in the United Republic has the right to enjoy fundamental human rights and to enjoy the benefits accruing from the fulfillment by every person of this duty to society, as stipulated under Article 12 to 28 of this Part of this Chapter2 of the Constitution.
… (Art. 29)
… (Art. 29)
Obligations of Private Parties
(5) In order that all persons may benefit from the rights and freedoms guaranteed by this Constitution, every person has the duty to so conduct himself and his affairs in the manner that does not infringe upon the rights and freedoms of others or the public interest. (Art. 29)
Obligations of Private Parties
(1) The human rights and freedoms, the principles of which are set out in this Constitution, shall not be exercised by a person in a manner that causes interference with or curtailment of the rights and freedoms of other persons or of the public interest.
… (Art. 30)
… (Art. 30)
Judicial Protection
(3) The civic rights, duties and interests of every person and community shall be protected and determined by the courts of law or other state agencies established by or under the law.
… (Art. 13)
… (Art. 13)
Judicial Protection
(3) Any person claiming that any provision in this Part of this Chapter or in any law concerning his right or duty owed to him has been, is being or is likely to be violated by any person anywhere in the United Republic, may institute proceedings for redress in the High Court.
(4) Subject to the other provisions of this Constitution, the High Court shall have original jurisdiction to hear and determine any matter brought before it pursuant to this Article; and the state authority may enact legislation for the purposes of -
(a) regulating procedure for instituting proceedings pursuant to this Article;
(b) specifying the powers of the High Court in relation to the hearing of proceedings instituted pursuant to this Article; and
(c) ensuring the effective exercise of the powers of the High Court, the preservation and enforcement of the rights, freedoms and duties in accordance with this Constitution.
(5) Where in any proceedings it is alleged that any law enacted or any action taken by the Government or any other authority abrogates or abridges any of the basic rights, freedoms and duties set out in Articles 12 to 29 of this Constitution, and the High Court is satisfied that the law or action concerned, to the extent that it conflicts with this Constitution, is void, or is inconsistent with this Constitution, then the High Court, if it deems fit, or if the circumstances or public interest so requires, instead of declaring that such law or action is void, shall have power to decide to afford the Government or other authority concerned an opportunity to rectify the defect found in the law or action concerned within such a period and in such manner as the High Court shall determine, and such law or action shall be deemed to be valid until such time the defect is rectified or the period determined by the High Court lapses, whichever is the earlier. (Art. 30)
(4) Subject to the other provisions of this Constitution, the High Court shall have original jurisdiction to hear and determine any matter brought before it pursuant to this Article; and the state authority may enact legislation for the purposes of -
(a) regulating procedure for instituting proceedings pursuant to this Article;
(b) specifying the powers of the High Court in relation to the hearing of proceedings instituted pursuant to this Article; and
(c) ensuring the effective exercise of the powers of the High Court, the preservation and enforcement of the rights, freedoms and duties in accordance with this Constitution.
(5) Where in any proceedings it is alleged that any law enacted or any action taken by the Government or any other authority abrogates or abridges any of the basic rights, freedoms and duties set out in Articles 12 to 29 of this Constitution, and the High Court is satisfied that the law or action concerned, to the extent that it conflicts with this Constitution, is void, or is inconsistent with this Constitution, then the High Court, if it deems fit, or if the circumstances or public interest so requires, instead of declaring that such law or action is void, shall have power to decide to afford the Government or other authority concerned an opportunity to rectify the defect found in the law or action concerned within such a period and in such manner as the High Court shall determine, and such law or action shall be deemed to be valid until such time the defect is rectified or the period determined by the High Court lapses, whichever is the earlier. (Art. 30)
National Human Rights Bodies
(1) Commission for Human Rights and Good Governance shall discharge the following functions –
(a) to sensitise countrywide about preservation of human rights and duties to the public in accordance with the Constitution and the laws of the land;
(b) to receive complaints in relation to violation of human rights in general;
(c) to conduct inquiry on matters relating to infringement of human rights and violation of principles of good governance;
(d) to conduct research, to impart or disseminate to the public countrywide education in respect of human rights and good governance;
(e) if necessary, to institute proceedings in court in order to prevent violation of human rights or to restore a right that was caused by that infringement of human rights, or violation of principles of good governance;
(f) inquire into the conduct of any person concerned and any institution concerned in relation to the ordinary performance of his duties or functions or abuse of the authority of his office; and
(g) to advice the Government and other public Institutions and private sector in respect of human rights and good governance;
(h) to take necessary action in order to promote and enhance conciliation and reconciliation among persons and various institutions appearing or being brought before the Commission.
… (Art. 130)
(a) to sensitise countrywide about preservation of human rights and duties to the public in accordance with the Constitution and the laws of the land;
(b) to receive complaints in relation to violation of human rights in general;
(c) to conduct inquiry on matters relating to infringement of human rights and violation of principles of good governance;
(d) to conduct research, to impart or disseminate to the public countrywide education in respect of human rights and good governance;
(e) if necessary, to institute proceedings in court in order to prevent violation of human rights or to restore a right that was caused by that infringement of human rights, or violation of principles of good governance;
(f) inquire into the conduct of any person concerned and any institution concerned in relation to the ordinary performance of his duties or functions or abuse of the authority of his office; and
(g) to advice the Government and other public Institutions and private sector in respect of human rights and good governance;
(h) to take necessary action in order to promote and enhance conciliation and reconciliation among persons and various institutions appearing or being brought before the Commission.
… (Art. 130)
Limitations and/or Derogations
(5) In order that all persons may benefit from the rights and freedoms guaranteed by this Constitution, every person has the duty to so conduct himself and his affairs in the manner that does not infringe upon the rights and freedoms of others or the public interest. (Art. 29)
Limitations and/or Derogations
(1) The human rights and freedoms, the principles of which are set out in this Constitution, shall not be exercised by a person in a manner that causes interference with or curtailment of the rights and freedoms of other persons or of the public interest.
(2) It is hereby declared that the provisions contained in this Part of this Constitution which set out the principles of rights, freedom and duties, does not render unlawful any existing law or prohibit the enactment of any law or the doing of any lawful act in accordance with such law for the purposes of
(a) ensuring that the rights and freedoms of other people or of the interests of the public are not prejudiced by the wrongful exercise of the freedoms and rights of individuals;
(b) ensuring the defence, public safety, public peace, public morality, public health, rural and urban development planning, the exploitation and utilization of minerals or the increase and development of property of any other interests for the purposes of enhancing the public benefit;
(c) ensuring the execution of a judgment or order of a court given or made in any civil or criminal matter;
(d) protecting the reputation, rights and freedoms of others or the privacy of persons involved in any court proceedings, prohibiting the disclosure of confidential information or safeguarding the dignity, authority and independence of the courts;
(e) imposing restrictions, supervising and controlling the formation, management and activities of private societies and organizations in the country; or
(f) enabling any other thing to be done which promotes or preserves the national interest in general.
… (Art. 30)
(2) It is hereby declared that the provisions contained in this Part of this Constitution which set out the principles of rights, freedom and duties, does not render unlawful any existing law or prohibit the enactment of any law or the doing of any lawful act in accordance with such law for the purposes of
(a) ensuring that the rights and freedoms of other people or of the interests of the public are not prejudiced by the wrongful exercise of the freedoms and rights of individuals;
(b) ensuring the defence, public safety, public peace, public morality, public health, rural and urban development planning, the exploitation and utilization of minerals or the increase and development of property of any other interests for the purposes of enhancing the public benefit;
(c) ensuring the execution of a judgment or order of a court given or made in any civil or criminal matter;
(d) protecting the reputation, rights and freedoms of others or the privacy of persons involved in any court proceedings, prohibiting the disclosure of confidential information or safeguarding the dignity, authority and independence of the courts;
(e) imposing restrictions, supervising and controlling the formation, management and activities of private societies and organizations in the country; or
(f) enabling any other thing to be done which promotes or preserves the national interest in general.
… (Art. 30)
Limitations and/or Derogations
(1) Apart from the provisions of Article 30(2), any law enacted by Parliament shall not be void for the reason only that it enables measures to be taken during a state of emergency or in normal times in relation to persons who are believed to engage in activities which endanger or prejudice the security of the nation, which measures derogate from the provisions of Articles 14 and 15 of this Constitution.
(2) It is hereby prohibited to take any of the measures referred to in subarticle (1) of this Article in pursuance of any law during a state of emergency or in normal times in relation to any person, save only to the extent that they are necessary and justifiable for dealing with the situation that exists during the state of emergency, or in normal times dealing with the situation created by the conduct of the person concerned.
(3) It is hereby declared that the provisions of this Article shall not authorize the deprivation of a person’s right to live save only for deaths resulting from acts of war.
(4) In this Article and the following Articles of this Part, “state of emergency” means any period during which the Proclamation of State of Emergency made by the President in the exercise of the powers conferred on him by Article 32, is in force. (Art. 31)
(2) It is hereby prohibited to take any of the measures referred to in subarticle (1) of this Article in pursuance of any law during a state of emergency or in normal times in relation to any person, save only to the extent that they are necessary and justifiable for dealing with the situation that exists during the state of emergency, or in normal times dealing with the situation created by the conduct of the person concerned.
(3) It is hereby declared that the provisions of this Article shall not authorize the deprivation of a person’s right to live save only for deaths resulting from acts of war.
(4) In this Article and the following Articles of this Part, “state of emergency” means any period during which the Proclamation of State of Emergency made by the President in the exercise of the powers conferred on him by Article 32, is in force. (Art. 31)
Marriage and Family Life
(1) Every person is entitled to respect and protection of his person, the privacy of his own person, his family and of his matrimonial life, and respect and protection of his residence and private communications.
… (Art. 16)
… (Art. 16)
Participation in Public Life and Institutions
(1) Subject to the provisions of Article 39, 47 and 67 of this Constitution and of the laws of the land in connection with the conditions for electing and being elected or for appointing and being appointed to take part in matters related to governance of the country, every citizen of the United Republic is entitled to take part in matters pertaining to the governance of the country, either directly or through representatives freely elected by the people, in conformity with the procedures laid down by, or in accordance with, the law.
(2) Every citizen has the right and the freedom to participate fully in the process leading to the decision on matters affecting him, his well-being or the nation. (Art. 21)
(2) Every citizen has the right and the freedom to participate fully in the process leading to the decision on matters affecting him, his well-being or the nation. (Art. 21)
Participation in Public Life and Institutions
(2) Every citizen is entitled to equal opportunity and right to equal terms to hold any office or discharge any function under the state authority. (Art. 22)
Political Rights and Association
(1) Every citizen of the Untied Republic who has attained the age of eighteen years is entitled to vote in any election held in Tanzania. This right shall be exercised in accordance with the sub article (2), and of the other provisions of this Constitution and the law for the time being in force in Tanzania in relation to public elections.
(2) Parliament may enact a law imposing conditions restricting a citizen from exercising the right to vote by reason of any of the following grounds:
(a) being a citizen of another state;
(b) being mentally infirm;
(c) being convicted of certain specified criminal offences; or
(d) omission or failure to prove or to produce evidence as to age, citizenship or registration as a voter.
Except for these grounds no other grounds shall disqualify a citizen from exercising the right to vote.
… (Art. 5)
(2) Parliament may enact a law imposing conditions restricting a citizen from exercising the right to vote by reason of any of the following grounds:
(a) being a citizen of another state;
(b) being mentally infirm;
(c) being convicted of certain specified criminal offences; or
(d) omission or failure to prove or to produce evidence as to age, citizenship or registration as a voter.
Except for these grounds no other grounds shall disqualify a citizen from exercising the right to vote.
… (Art. 5)
Political Rights and Association
(1) Every person has a freedom, to freely and peaceably assemble, associate and cooperate with other persons, and for that purpose, express views publicly and to form and join with associations or organizations formed for purposes of preserving or furthering his beliefs or interests or any other interests.
… (Art. 20)
… (Art. 20)
Political Rights and Association
(1) Subject to the provisions of Article 39, 47 and 67 of this Constitution and of the laws of the land in connection with the conditions for electing and being elected or for appointing and being appointed to take part in matters related to governance of the country, every citizen of the United Republic is entitled to take part in matters pertaining to the governance of the country, either directly or through representatives freely elected by the people, in conformity with the procedures laid down by, or in accordance with, the law.
(2) Every citizen has the right and the freedom to participate fully in the process leading to the decision on matters affecting him, his well-being or the nation. (Art. 21)
(2) Every citizen has the right and the freedom to participate fully in the process leading to the decision on matters affecting him, his well-being or the nation. (Art. 21)
National level
(1) Subject to the other provisions of this Article, there shall be the following categories of Members of Parliament, that is to say:-
(a) members elected to represent constituencies;
(b) women members being not less than thirty percentum of all the members mentioned in paragraphs (a), (c), (d), (e) and (f) with qualifications mentioned in Article 67 elected by the political parties in accordance with Article 78, on the basis of proportion of votes;
(c) five members elected by the House of Representatives from among its members;
(d) the Attorney General;
(e) not more than ten members appointed by the President from amongst persons with qualifications specified under paragraphs (a) and (c) of subarticle (1) of Article 67 and, at least five members amongst them shall be women; and
(f) the Speaker, if he is not elected from amongst the members.
… (Art. 66)
(a) members elected to represent constituencies;
(b) women members being not less than thirty percentum of all the members mentioned in paragraphs (a), (c), (d), (e) and (f) with qualifications mentioned in Article 67 elected by the political parties in accordance with Article 78, on the basis of proportion of votes;
(c) five members elected by the House of Representatives from among its members;
(d) the Attorney General;
(e) not more than ten members appointed by the President from amongst persons with qualifications specified under paragraphs (a) and (c) of subarticle (1) of Article 67 and, at least five members amongst them shall be women; and
(f) the Speaker, if he is not elected from amongst the members.
… (Art. 66)
National level
(1) For the purposes of the election of women Members of Parliament mentioned in Article 66(1) (b), political parties which took part in the general election in accordance with the procedure laid down and obtained at least five percentum of the total valid voters for Parliamentary election, shall propose to the Electoral Commission the names of women on the basis of the proportion of votes obtained by each party in the Parliamentary election.
(2) Notwithstanding the provisions of subarticle (1), the following votes shall be counted as valid votes for the unopposed Member of Parliament in the constituent –
(a) where a political party has nominated a Presidential candidate, presidential votes cast in the constituency for a Presidential candidate from that political party; or
(b) where a political party has not nominated a presidential candidate, fifty one percentum of the votes of the total voters registered in the respective constituency.
(3) The names of the persons proposed to the Electoral Commission in accordance with subarticle (1) shall be declared to be the results of the election after the Commission is satisfied that the relevant provisions of the Constitution and of other legislation have been complied with.
(4) The list of names for women candidates submitted to the Electoral Commission by each political party for general election shall be the list to be applied by the Electoral Commission after consultation of the party concerned, for purpose of filling any vacancy of Members of Parliament of this category whenever the vacancy occurs during the life of Parliament. (Art. 78)
(2) Notwithstanding the provisions of subarticle (1), the following votes shall be counted as valid votes for the unopposed Member of Parliament in the constituent –
(a) where a political party has nominated a Presidential candidate, presidential votes cast in the constituency for a Presidential candidate from that political party; or
(b) where a political party has not nominated a presidential candidate, fifty one percentum of the votes of the total voters registered in the respective constituency.
(3) The names of the persons proposed to the Electoral Commission in accordance with subarticle (1) shall be declared to be the results of the election after the Commission is satisfied that the relevant provisions of the Constitution and of other legislation have been complied with.
(4) The list of names for women candidates submitted to the Electoral Commission by each political party for general election shall be the list to be applied by the Electoral Commission after consultation of the party concerned, for purpose of filling any vacancy of Members of Parliament of this category whenever the vacancy occurs during the life of Parliament. (Art. 78)
Political Parties
(1) Every person has a freedom, to freely and peaceably assemble, associate and cooperate with other persons, and for that purpose, express views publicly and to form and join with associations or organizations formed for purposes of preserving or furthering his beliefs or interests or any other interests.
(2) Notwithstanding the provisions of subarticles (1) and (4), it shall not be lawful for any political party to be registered which according to its constitution or policy -
(a) aims at promoting or furthering the interests of -
(i) any faith or religious group;
(ii) any tribal group, place of origin, race or gender;
(iii) only a particular area within any part of the United Republic;
(b) advocates for the break-up of the United Republic;
(c) accepts or advocates for the use of the force or violent confrontation as means of attaining its political goals;
(d) advocates or intends to carry on its political activities in only one part of the United Republic; or
(e) does not permit periodic and democratic election of its leaders.
(3) Parliament may enact legislation which makes provisions for ensuring that political parties operate within the limits and adhere to the conditions set out in subarticle (2) concerning the freedom and the right of persons to associate and assemble.
(4) It shall be unlawful for any person to be compelled to join any association or organization, or for any association or for any political party to be refused registration on grounds solely of the ideology or philosophy of that political party. (Art. 20)
(2) Notwithstanding the provisions of subarticles (1) and (4), it shall not be lawful for any political party to be registered which according to its constitution or policy -
(a) aims at promoting or furthering the interests of -
(i) any faith or religious group;
(ii) any tribal group, place of origin, race or gender;
(iii) only a particular area within any part of the United Republic;
(b) advocates for the break-up of the United Republic;
(c) accepts or advocates for the use of the force or violent confrontation as means of attaining its political goals;
(d) advocates or intends to carry on its political activities in only one part of the United Republic; or
(e) does not permit periodic and democratic election of its leaders.
(3) Parliament may enact legislation which makes provisions for ensuring that political parties operate within the limits and adhere to the conditions set out in subarticle (2) concerning the freedom and the right of persons to associate and assemble.
(4) It shall be unlawful for any person to be compelled to join any association or organization, or for any association or for any political party to be refused registration on grounds solely of the ideology or philosophy of that political party. (Art. 20)
Political Parties
(1) For the purposes of the election of women Members of Parliament mentioned in Article 66(1) (b), political parties which took part in the general election in accordance with the procedure laid down and obtained at least five percentum of the total valid voters for Parliamentary election, shall propose to the Electoral Commission the names of women on the basis of the proportion of votes obtained by each party in the Parliamentary election.
(2) Notwithstanding the provisions of subarticle (1), the following votes shall be counted as valid votes for the unopposed Member of Parliament in the constituent –
(a) where a political party has nominated a Presidential candidate, presidential votes cast in the constituency for a Presidential candidate from that political party; or
(b) where a political party has not nominated a presidential candidate, fifty one percentum of the votes of the total voters registered in the respective constituency.
(3) The names of the persons proposed to the Electoral Commission in accordance with subarticle (1) shall be declared to be the results of the election after the Commission is satisfied that the relevant provisions of the Constitution and of other legislation have been complied with.
(4) The list of names for women candidates submitted to the Electoral Commission by each political party for general election shall be the list to be applied by the Electoral Commission after consultation of the party concerned, for purpose of filling any vacancy of Members of Parliament of this category whenever the vacancy occurs during the life of Parliament. (Art. 78)
(2) Notwithstanding the provisions of subarticle (1), the following votes shall be counted as valid votes for the unopposed Member of Parliament in the constituent –
(a) where a political party has nominated a Presidential candidate, presidential votes cast in the constituency for a Presidential candidate from that political party; or
(b) where a political party has not nominated a presidential candidate, fifty one percentum of the votes of the total voters registered in the respective constituency.
(3) The names of the persons proposed to the Electoral Commission in accordance with subarticle (1) shall be declared to be the results of the election after the Commission is satisfied that the relevant provisions of the Constitution and of other legislation have been complied with.
(4) The list of names for women candidates submitted to the Electoral Commission by each political party for general election shall be the list to be applied by the Electoral Commission after consultation of the party concerned, for purpose of filling any vacancy of Members of Parliament of this category whenever the vacancy occurs during the life of Parliament. (Art. 78)
Political Parties
Subject to the other provisions of this Constitution, the Electoral Commission may make provisions specifying the procedure to be followed by the political parties for the purposes of electing and proposing the names of the kind of Members of Parliament provided for under Article 66(1)(b). (Art. 81)
Electoral Bodies
(6) The responsibilities of the Electoral Commission shall be:
(a) to supervise and co-ordinate the registration of voters in Presidential and Parliamentary elections in the United Republic;
(b) to supervise and co-ordinate the conduct of the Presidential and Parliamentary election;
(c) to review the boundaries and demarcate the United Republic into various areas for the purposes of Parliamentary elections;
(d) to supervise and co-ordinate the registration of voters and the conduct of the election of Councilors; and
(e) to perform any other functions in accordance with a law enacted by Parliament.
… (Art. 74)
(a) to supervise and co-ordinate the registration of voters in Presidential and Parliamentary elections in the United Republic;
(b) to supervise and co-ordinate the conduct of the Presidential and Parliamentary election;
(c) to review the boundaries and demarcate the United Republic into various areas for the purposes of Parliamentary elections;
(d) to supervise and co-ordinate the registration of voters and the conduct of the election of Councilors; and
(e) to perform any other functions in accordance with a law enacted by Parliament.
… (Art. 74)
Electoral Bodies
Subject to the other provisions of this Constitution, the Electoral Commission may make provisions specifying the procedure to be followed by the political parties for the purposes of electing and proposing the names of the kind of Members of Parliament provided for under Article 66(1)(b). (Art. 81)
Head of State
(1) There shall be a President of the United Republic.
(2) The President shall be the Head of State, the Head of Government and the Commander-in-Chief of the Armed Forces. (Art. 33)
(2) The President shall be the Head of State, the Head of Government and the Commander-in-Chief of the Armed Forces. (Art. 33)
Head of State
(1) A person shall not be entitled to be elected to hold the office of President of the United Republic save only if -
(a) he is a citizen of the United Republic by birth in accordance with the citizenship law;
(b) he has attained the age of forty years;
(c) he is a member of, and a candidate nominated by, a political party;
(d) he is qualified to be a Member of Parliament or a Member of the House of Representatives; and
(e) within the period of five years before the General Elections, he has not been convicted by any court for any offence relating to evasion to pay any tax due to the Government.
(2) Without prejudice to any person’s right and freedom of expression to hold his own views, to profess a religious faith of his choice, to associate with others and to participate with others in community work in accordance with the laws of the land, no person shall be qualified to be elected to hold the office of President of the United Republic unless he is a member of, and a candidate proposed by, a political party. (Art. 39)
(a) he is a citizen of the United Republic by birth in accordance with the citizenship law;
(b) he has attained the age of forty years;
(c) he is a member of, and a candidate nominated by, a political party;
(d) he is qualified to be a Member of Parliament or a Member of the House of Representatives; and
(e) within the period of five years before the General Elections, he has not been convicted by any court for any offence relating to evasion to pay any tax due to the Government.
(2) Without prejudice to any person’s right and freedom of expression to hold his own views, to profess a religious faith of his choice, to associate with others and to participate with others in community work in accordance with the laws of the land, no person shall be qualified to be elected to hold the office of President of the United Republic unless he is a member of, and a candidate proposed by, a political party. (Art. 39)
Vice-President
(1) There shall be a Vice-President, who shall be the principal assistant to the President in respect of all the matters in the United Republic generally and, …
(2) Without prejudice to the provisions of Article 37(5), the Vice-President shall be elected in the same election together with the President, after being nominated by his party at the same time as the Presidential candidate and being voted for together on the same ticket. When the Presidential candidate is elected the Vice-President shall have been elected.
(3) A person shall be nominated to contest for the office of Vice-President on the basis of the principle that where the President of the United Republic hails from one part of the United Republic, then the Vice-President shall be a person who hails from the other part of the Union.
(4) A person shall not be nominated to contest for the office of Vice-President of the United Republic, save only if -
(a) he is a citizen of the United Republic by birth in accordance with the citizenship law;
(b) he has attained the age of forty;
(c) he is a member of, and a candidate nominated by, a political party;
(d) he is qualified to be a Member of Parliament or a Member of the House of Representatives; and
(e) within the period of five years before the elections he has not been convicted by any court for any offence relating to evasion to pay any tax due to the Government.
… (Art. 47)
(2) Without prejudice to the provisions of Article 37(5), the Vice-President shall be elected in the same election together with the President, after being nominated by his party at the same time as the Presidential candidate and being voted for together on the same ticket. When the Presidential candidate is elected the Vice-President shall have been elected.
(3) A person shall be nominated to contest for the office of Vice-President on the basis of the principle that where the President of the United Republic hails from one part of the United Republic, then the Vice-President shall be a person who hails from the other part of the Union.
(4) A person shall not be nominated to contest for the office of Vice-President of the United Republic, save only if -
(a) he is a citizen of the United Republic by birth in accordance with the citizenship law;
(b) he has attained the age of forty;
(c) he is a member of, and a candidate nominated by, a political party;
(d) he is qualified to be a Member of Parliament or a Member of the House of Representatives; and
(e) within the period of five years before the elections he has not been convicted by any court for any offence relating to evasion to pay any tax due to the Government.
… (Art. 47)
Government
(1) There shall be a Prime Minister of the United Republic who shall be appointed by the President in accordance with the provisions of this Article and who, before assuming his office, shall take and subscribe before the President such oath of office of Prime Minister as may be prescribed by Parliament.
(2) As soon as possible, and in any case within fourteen days after assuming office, the President shall appoint a Member of Parliament elected from a constituency from a political party having a majority of members in the National Assembly or, if no political party has a majority, who appears to have the support of the majority of the Members of Parliament, to be Prime Minister of the United Republic, and he shall not assume office until his appointment is first confirmed by a resolution of the National Assembly supported by a majority vote of the Members.
… (Art. 51)
(2) As soon as possible, and in any case within fourteen days after assuming office, the President shall appoint a Member of Parliament elected from a constituency from a political party having a majority of members in the National Assembly or, if no political party has a majority, who appears to have the support of the majority of the Members of Parliament, to be Prime Minister of the United Republic, and he shall not assume office until his appointment is first confirmed by a resolution of the National Assembly supported by a majority vote of the Members.
… (Art. 51)
Government
(1) There shall be a Cabinet the members of which shall be the Vice-President, the Prime Minister, the President of Zanzibar, and all the Ministers.
… (Art. 54)
… (Art. 54)
Government
(1) All Ministers who are members of Cabinet by virtue of Article 54 shall be appointed by the President after consultation with the Prime Minister and they shall be responsible for such offices as the President may, from time to time, by writing under his hand and the Public Seal, establish.
(2) In addition to the Ministers referred to in subarticle (1) the President may, after consultation with the Prime Minister, appoint Deputy Ministers. All Deputy Ministers shall not be members of Cabinet.
(3) The President may appoint any number of Deputy Ministers who shall assist Ministers in the discharge of their duties and functions.
(4) All Ministers and Deputy Ministers shall be appointed from among Members of Parliament.
… (Art. 55)
(2) In addition to the Ministers referred to in subarticle (1) the President may, after consultation with the Prime Minister, appoint Deputy Ministers. All Deputy Ministers shall not be members of Cabinet.
(3) The President may appoint any number of Deputy Ministers who shall assist Ministers in the discharge of their duties and functions.
(4) All Ministers and Deputy Ministers shall be appointed from among Members of Parliament.
… (Art. 55)
Legislature
(1) There shall be a Parliament of the Untied Republic which shall consist of two parts, that is to say, the President and the National Assembly.
(2) The National Assembly shall consist of all categories of members specified in Article 66 of this Constitution, who shall all be designated as Members of Parliament.
… (Art. 62)
(2) The National Assembly shall consist of all categories of members specified in Article 66 of this Constitution, who shall all be designated as Members of Parliament.
… (Art. 62)
Legislature
(1) Subject to the other provisions of this Article, there shall be the following categories of Members of Parliament, that is to say:-
(a) members elected to represent constituencies;
(b) women members being not less than thirty percentum of all the members mentioned in paragraphs (a), (c), (d), (e) and (f) with qualifications mentioned in Article 67 elected by the political parties in accordance with Article 78, on the basis of proportion of votes;
(c) five members elected by the House of Representatives from among its members;
(d) the Attorney General;
(e) not more than ten members appointed by the President from amongst persons with qualifications specified under paragraphs (a) and (c) of subarticle (1) of Article 67 and, at least five members amongst them shall be women; and
(f) the Speaker, if he is not elected from amongst the members.
… (Art. 66)
(a) members elected to represent constituencies;
(b) women members being not less than thirty percentum of all the members mentioned in paragraphs (a), (c), (d), (e) and (f) with qualifications mentioned in Article 67 elected by the political parties in accordance with Article 78, on the basis of proportion of votes;
(c) five members elected by the House of Representatives from among its members;
(d) the Attorney General;
(e) not more than ten members appointed by the President from amongst persons with qualifications specified under paragraphs (a) and (c) of subarticle (1) of Article 67 and, at least five members amongst them shall be women; and
(f) the Speaker, if he is not elected from amongst the members.
… (Art. 66)
Legislature
(1) Subject to the provisions contained in this Article, any person shall be qualified for election or appointment as a Member of Parliament if he -
(a) is a citizen of the United Republic who has attained the age of twenty-one years and who can read and write in Kiswahili or English; and
(b) is a member and a candidate proposed by a political party.
… (Art. 67)
(a) is a citizen of the United Republic who has attained the age of twenty-one years and who can read and write in Kiswahili or English; and
(b) is a member and a candidate proposed by a political party.
… (Art. 67)
Legislature
(1) For the purposes of the election of women Members of Parliament mentioned in Article 66(1) (b), political parties which took part in the general election in accordance with the procedure laid down and obtained at least five percentum of the total valid voters for Parliamentary election, shall propose to the Electoral Commission the names of women on the basis of the proportion of votes obtained by each party in the Parliamentary election.
(2) Notwithstanding the provisions of subarticle (1), the following votes shall be counted as valid votes for the unopposed Member of Parliament in the constituent –
(a) where a political party has nominated a Presidential candidate, presidential votes cast in the constituency for a Presidential candidate from that political party; or
(b) where a political party has not nominated a presidential candidate, fifty one percentum of the votes of the total voters registered in the respective constituency.
(3) The names of the persons proposed to the Electoral Commission in accordance with subarticle (1) shall be declared to be the results of the election after the Commission is satisfied that the relevant provisions of the Constitution and of other legislation have been complied with.
(4) The list of names for women candidates submitted to the Electoral Commission by each political party for general election shall be the list to be applied by the Electoral Commission after consultation of the party concerned, for purpose of filling any vacancy of Members of Parliament of this category whenever the vacancy occurs during the life of Parliament. (Art. 78)
(2) Notwithstanding the provisions of subarticle (1), the following votes shall be counted as valid votes for the unopposed Member of Parliament in the constituent –
(a) where a political party has nominated a Presidential candidate, presidential votes cast in the constituency for a Presidential candidate from that political party; or
(b) where a political party has not nominated a presidential candidate, fifty one percentum of the votes of the total voters registered in the respective constituency.
(3) The names of the persons proposed to the Electoral Commission in accordance with subarticle (1) shall be declared to be the results of the election after the Commission is satisfied that the relevant provisions of the Constitution and of other legislation have been complied with.
(4) The list of names for women candidates submitted to the Electoral Commission by each political party for general election shall be the list to be applied by the Electoral Commission after consultation of the party concerned, for purpose of filling any vacancy of Members of Parliament of this category whenever the vacancy occurs during the life of Parliament. (Art. 78)
Legislature
Subject to the other provisions of this Constitution, the Electoral Commission may make provisions specifying the procedure to be followed by the political parties for the purposes of electing and proposing the names of the kind of Members of Parliament provided for under Article 66(1)(b). (Art. 81)
Property, Inheritance and Land Tenure
(1) Every person is entitled to own property, and has a right to the protection of his property held in accordance with the law.
… (Art. 24)
… (Art. 24)
Protection from Violence
(6) To ensure equality before the law, the state authority shall make procedures which are appropriate or which take into account the following principles, namely:
…
(e) no person shall be subjected to torture or inhuman or degrading punishment or treatment. (Art. 13)
…
(e) no person shall be subjected to torture or inhuman or degrading punishment or treatment. (Art. 13)
Protection from Violence
(2) Notwithstanding the provisions of subarticles (1) and (4), it shall not be lawful for any political party to be registered which according to its constitution or policy –
…
(c) accepts or advocates for the use of the force or violent confrontation as means of attaining its political goals;
… (Art. 20)
…
(c) accepts or advocates for the use of the force or violent confrontation as means of attaining its political goals;
… (Art. 20)
Protection from Violence
(2) Notwithstanding the provisions of subarticle (1), there shall be no forced labour in the United Republic.
… (Art. 25)
… (Art. 25)
Public Institutions and Services
(1) The state authority shall make appropriate provisions for the realization of a person’s right to work, to self education and social welfare at times of old age, sickness or disability and in other cases of incapacity. Without prejudice to those rights, the state authority shall make provisions to ensure that every person earns his livelihood.
… (Art. 11)
… (Art. 11)
Status of the Constitution
(1) Every person has the duty to observe and to abide by this Constitution and the laws of the United Republic.
(2) Every person has the right, in accordance with the procedure provided by law, to take legal action to ensure the protection of this Constitution and the laws of the land. (Art. 26)
(2) Every person has the right, in accordance with the procedure provided by law, to take legal action to ensure the protection of this Constitution and the laws of the land. (Art. 26)
Status of the Constitution
(5) Without prejudice to the application of the Constitution of Zanzibar in accordance with this Constitution concerning all matters pertaining to Tanzania Zanzibar which are not Union Matters, this Constitution shall have the force of law in the whole of the United Republic, and in the event any other law conflicts with the provisions contained in this Constitution, the Constitution shall prevail and that other law, to the extent of the inconsistency with the Constitution, shall be void. (Art. 64)
Status of International Law
The object of this Constitution is to facilitate the building of the United Republic as a nation of equal and free individuals enjoying freedom, justice, fraternity and concord, through the pursuit of the policy of Socialism and Self Reliance which emphasizes the application of socialist principles while taking into account the conditions prevailing in the United Republic. Therefore, the state authority and all its agencies are obliged to direct their policies and programmes towards ensuring -
…
(f) that human dignity is preserved and upheld in accordance with the spirit of the Universal Declaration of Human Rights;
… (Art. 9)
…
(f) that human dignity is preserved and upheld in accordance with the spirit of the Universal Declaration of Human Rights;
… (Art. 9)
Religious Law
… NOW, THEREFORE, THIS CONSTITUTION IS ENACTED BY THE CONSTITUENT ASSEMBLY OF THE UNITED REPUBLIC OF TANZANIA, on behalf of the People, for the purpose of building such a society and ensuring that Tanzania is governed by a Government that adheres to the principles of democracy and socialism and shall be a secular state. … (Preamble)
Religious Law
(1) The United Republic is a democratic, secular and socialist state which adheres to multi-party democracy.
… (Art. 3)
… (Art. 3)
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