1The following text is from the World Intellectual Property Organization (WIPO), the contents of which, when accompanied by an attributive and non-commercial disclaimer, is generously made available for use. Follow (right-click) the links and read the annotation to learn more.1
4The following is the official Revised version in English of “KATIBA YA JAMHURI YA MUUNGANO WA TANZANIA YA MWAKA 1977”. This revised edition of the Constitution of the United Republic of Tanzania incorporates and consolidates all amendments made therein by the Constituent Assembly in 1977 up to the 14th Amendment of 2005 and it is printed and published under section 4 of the Laws Revision Act Chapter 4.
8AND 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:
9NOW, 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.
15(2) For the purpose of the efficient discharge of the functions of the Government of the United Republic or of the Revolutionary Government of Zanzibar, the President may, in accordance with the procedures prescribed by law or provisions of such law as may be enacted by Parliament, divide the United Republic into regions, districts and other areas:
18(2) All matters pertaining to the registration and administration of political parties in the United Republic shall be governed by the provisions of this Constitution and of a law enacted by Parliament for that purpose.
194.-(1) All state authority in the United Republic shall be exercised and controlled by two organs vested with executive powers, two organs vested with judicial powers and two organs vested with legislative and supervisory powers over the conduct of public affairs.
20(2) The organs vested with executive powers shall be the Government of the United Republic and the Revolutionary Government of Zanzibar; the organs vested with judicial powers shall be the Judiciary of the United Republic and the Judiciary of the Revolutionary Government of Zanzibar; and the organs vested with legislative and supervisory powers over public affairs shall be the Parliament of the Untied Republic and the House of Representatives.
21(3) For the purposes of the efficient conduct of public affairs in the United Republic and for the allocation of powers among the organs specified in this Article, there shall be Union Matters as listed in the First Schedule and there shall also be non-union maters which are all other matters not so listed. (4) Each organ specified in this Article shall be established and shall discharge its functions in accordance with the other provisions of this Constitution.
225.-(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.
33(d) specification of the duties and functions of the Electoral Commission and the procedure for every election which shall be conducted under the direction and supervision of the Electoral Commission.
356. In this Part of this Chapter, unless the context requires otherwise:- the Government includes the Government of the United Republic, the Revolutionary Government of Zanzibar, local government authorities and any person who exercises power or authority on behalf of either “Government”.
367.-(1) Notwithstanding the provisions of subarticle (2), it shall be the duty and responsibility of the Government, all its organs and all persons or authorities exercising executive, legislative or judicial functions to take cognizance of, observe and apply the provisions of this Part of this Chapter.
37(2) The provisions of this Part of this Chapter are not enforceable by any court. No court shall be competent to determine the question whether or not any action or omission by any person or any court, or any law or judgment complies with the provisions of this Part of this Chapter.
43(2) The structure of the Government of the United Republic and the Revolutionary Government of Zanzibar or any of their organs, and the discharge of their functions shall be so effected as to take into account the unity of the United Republic and the need to promote national unity and preserve national dignity.
449. 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 -
47(c) that activities of the Government are conducted in such a way as to ensure that the national wealth and heritage are harnessed, preserved and applied for the common good and also to prevent the exploitation of one person by another;
5711.-(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.
59(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.
67(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.
69(a) when the rights and duties of any person are being determined by the court or any other agency, 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;
71(c) no person shall be punished for any act which at the time of its commission was not an offence under the law, and also no penalty shall be imposed which is heavier than the penalty in force at the time the offence was committed;
72(d) for the purposes of preserving the right or equality of human beings, human dignity shall be protected in all activities pertaining to criminal investigations and process, and in any other matters for which a person is restrained, or in the execution of a sentence; and
76(2) For the purposes of preserving individual freedom and the right to live as a free person, no person shall be arrested, imprisoned, confined, detained, deported or otherwise be deprived of his freedom save only-
7916.-(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.
80(2) For the purpose of preserving the person’s right in accordance with this Article, the state authority shall lay down legal procedures regarding the circumstances, manner and extent to which the right to privacy, security of his person, his property and residence may be encroached upon without prejudice to the provisions of this Article.
8117.-(1) Every citizen of the United Republic has the right to freedom of movement in the United Republic and the right to live in any part of the United Republic, to leave and enter the country, and the right not to be forced to leave or be expelled from the United Republic.
87(iii) protect public interest in general or preserve certain special interest or interests of a certain section of the public, such act or law shall not be construed or be held to be repugnant to or inconsistent with the provisions of this Article.
94(2) Protection of rights referred to in this Article shall be in accordance with the provisions prescribed by the laws which are of importance to a democratic society for security and peace in the society, integrity of the society and the national coercion.
9620.-(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.
106(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.
107(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.
10821.-(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.
11223.-(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.
115(2) Subject to the provisions of subarticle (1), it shall be unlawful for any person to be deprived of his property for the purposes of nationalization or any other purposes without the authority of law which makes provision for fair and adequate compensation.
120(3) For the purposes of this Article, and in this Constitution generally, it is hereby declared that no work shall be deemed to be forced, cruel or humiliating labour, if such work is according to law -
13027.-(1) Every person has the duty to protect the natural resources of the United Republic, the property of the state authority, all property collectively owned by the people, and also to respect another person’s property.
131(2) All persons shall be required by law to safeguard the property of the state authority and all property collectively owned by the people, to combat all forms of waste and squander, and to manage the national economy assiduously with the attitude of people who are masters of the destiny of their nation.
134(3) No person shall have the right to sign an act of capitulation and surrender of the nation to the victor, nor ratify or recognize an act of occupation or division of the United Republic or of any area of the territory of the nation and, subject to this Constitution and any other laws enacted, no person shall have the right to prevent the citizens of the United Republic from waging war against any enemy who attacks the nation.
13629.-(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 Chapter of the Constitution.
139(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. (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.
14030.-(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.
141(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-
143(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;
145(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;
148(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.
149(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 -
153(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.
15431.-(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.
156(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.
161(c) there is actual situation of breakdown of public order or non-existence of public security in the Untied Republic or in any part thereof such that it is necessary to take extraordinary measures to restore order and security;
162(d) there is a clear and grave danger such that the breakdown of public order and the cessation of public safety in the Untied Republic or any part thereof are inescapable except by invoking the extraordinary powers;
165(3) In the event a state of emergency is proclaimed in relation to the whole of the United Republic, or to the whole of Mainland Tanzania or the whole of Tanzania Zanzibar, the President shall forthwith transmit a copy of the proclamation to the Speaker of the National Assembly who, after consultation with the Leader of Government Business in the National Assembly shall convene a meeting of the National Assembly within not more than fourteen days, to consider the situation and decide, whether to pass or not to pass a resolution, which has to be supported by the votes of not less than two thirds of all members, in support of the proclamation of a state of emergency issued by the President.
166(4) Parliament may enact a law providing times and procedures which will enable certain persons in charge of Government functions in specified 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 paragraphs (c), (d) and (e) of subarticle (2) and such 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.
170(c) after the lapse of a period of six months from the date of the proclamation; save that a sitting of the National Assembly may, before the expiration of the period of six months, extend from time to time the period of the operation of the proclamation for further periods of six months by a resolution passed by votes of not less than two-thirds of all the members present; or
172(6) For the avoidance of doubt in the interpretation or application of the provisions of this Article, the provisions of legislation enacted by Parliament and of any other law, concerning the proclamation of a state of emergency as provided for in this Article shall apply only to the part of the United Republic in respect of which the state of emergency has been proclaimed.
178(2) The authority of the Government of the United Republic shall relate to the implementation and upholding of this Constitution and also to all other matters over which Parliament has power to legislate.
179(3) All the authority of the Government of the United Republic over all Union Matters in the United Republic and also over all other matters concerning Mainland Tanzania shall vest in the President of the United Republic.
180(4) Subject to the other provisions of this Constitution, the authority of the Government of the United Republic shall be exercised by either the President himself or by delegation of such authority to other persons holding office in the service of the United Republic.
182(a) transferring to the President any powers which by the law have been conferred to another person or authority other than the President; or (b) preventing Parliament from conferring power upon any person or authority other than the President.
184(2) Orders and other directives issued for the purposes of this Article shall be signified in such manner as may be specified in regulations issued by the President in conformity with the provisions of this Constitution.
18536.-(1) Subject to the other provisions of this Constitution and of any other law, the President shall have authority to constitute and to abolish any office in the service of the Government of the United Republic.
186(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 those department’s and institution’s policies in the Service of the Government of the United Republic, in this Constitution or in various laws enacted by the Parliament, which are required to be filled by a appointment made by the President.
187(3) Subject to the provisions of subarticle (2), other conditions contained in this Constitution and any other relevant law, the authority for appointment of other persons who are not leaders or chief executives, to hold positions in the service of the Government of the United Republic, and also the authority for promoting such persons, to remove them from the office, to terminate their employment and the authority to regulate their discipline of persons who are given that authority, shall vest in the Service Commissions and given authority in respect with positions of authority pursuant to this Constitution or in accordance within any law concerned.
188(4) The provisions of subarticles (2) and (3) shall not be construed to prohibit the President to take steps of maintaining discipline of the public servants and the public service of the Government of the United Republic.
18937.-(1) Apart from complying with the provisions contained in this Constitution, and the laws of the United Republic in the performance of his duties and functions, the President shall be free and shall not be obliged to take advice given to him by any person, save where he is required by this Constitution or any other law to act in accordance with the advice given to him by any person or authority.
190(2) Where the Cabinet finds that the President is unable to discharge the functions of his office by reason of physical or mental infirmity, it may submit to the Chief Justice a resolution requesting him to certify that the President by reason of physical or mental infirmity, is unable to discharge the functions of his office. Upon receiving such a resolution, the Chief Justice shall appoint a medical board of not less than three persons from amongst experts recognized as such by the law governing medical practitioners in Tanzania and such board shall inquire into that issue and advise the Chief Justice accordingly, and he may, after considering the 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 President’s 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 subarticle (3) shall apply.
191(3) Where the President is absent from the United Republic, or is unable to discharge the functions of his office for any other reason, the duties and functions of the President shall be discharged by one of the following, in the order specified, that is to say -
194(4) Where the Prime Minister is discharging the duties and functions of the office of President by reason that the Vice President is absent, then the Prime Minister shall cease to discharge such duties and functions if any of the following events occurs first -
197(5) Where the office of President becomes vacant by reason of death, resignation, loss of electoral qualifications or inability to perform his functions due to physical infirmity or failure to discharge the duties and functions of the office of President, then the Vice-President shall be sworn in and become the President for the unexpired period of the term of five years and in accordance with the conditions set out in Article 40, and, after consultation with the political party to which he belongs, the President shall propose the name of the person who shall be Vice-President and such appointment shall be confirmed by the National Assembly by votes of not less than fifty percentum of all the Members of Parliament.
198(6) It is hereby declared that the office of the President shall not be deemed to be vacant and the President shall not be deemed to be absent from the United Republic or is unable to discharge his duties if he is-