THE LEGISLATURE OF THE UNTIED REPUBLIC

PART I  PARLIAMENT

Article 62. Parliament
(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.
(3) Whenever any matter requires to be decided or done by both parts of Parliament in accordance with the provisions of this Constitution, or of any other law, then that matter shall not be taken to have been duly decided or done unless it is decided or done by the Members of Parliament and also by the President in accordance with their respective authority in relation to that matter.  

Article 63. Authority of Parliament
(1) The President as one part of Parliament shall exercise all the authority vested in him by this Constitution for that purpose.
(2) The second part of Parliament shall be the principal organ of the United Republic which shall have the authority on behalf of the people to oversee and advise the Government of the United Republic and all its organs in the discharge of their respective responsibilities in accordance with this Constitution.
(3) For the purposes of discharging its functions the National Assembly may -
  1. ask any question to any Minister concerning public affairs in the United Republic which are within his responsibility;
  2. debate the performance of each Ministry during the annual budget session of the National Assembly;
  3. deliberate upon and authorize any long or short term plan which is intended to be implemented in the United Republic and enact a law to regulate the implementation of that plan;
  4. enact law where implementation requires legislation;
  5. deliberate upon and ratify all treaties and agreements to which the United Republic is a party and the provisions of which require ratification.  
Article 64. Legislative power
(1) Legislative power in relation to all Union Matters and also in relation to all other matters concerning Mainland Tanzania is hereby vested in Parliament.
(2) Legislative power in Tanzania Zanzibar over all matter which are not Union Matters is hereby vested in the House of Representatives.
(3) Where any law enacted by the House of Representatives concerns any matter in Tanzania Zanzibar which is within the legislative jurisdiction of Parliament, that law shall be null and void, and likewise if any law enacted by Parliament concerns any matter which is within the legislative jurisdiction of the House of Representatives that law shall be null and void.
(4) Any law enacted by Parliament concerning any matter shall not apply to Tanzania Zanzibar save in accordance with the following provisions:
  1. such law shall have expressly stated that it shall apply to Mainland Tanzania as well as to Tanzania Zanzibar or it replaces, amends or repeals a law which is in operation in Tanzania Zanzibar;
  2. such law replaces, or amends or repeals a law which was previously in operation in Mainland Tanzania and also in operation in Tanzania Zanzibar pursuant to the Articles of the Union of Tanganyika and Zanzibar, or pursuant to any law which expressly stated that it shall apply to Mainland Tanzania as well as Tanzania Zanzibar; or
  3. such law relates to Union Matters; and whenever reference is made to the term “Tanzania” in any law, it is hereby declared that such law shall apply in the United Republic in accordance with the interpretation contained in the provisions of this Article.
(5) Without prejudice to the application of the Constitution of Zanzibar in accordance with 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.  

Article 65. Life of Parliament
(1) Subject to the other provisions of this Constitution, the life of each Parliament shall be five years.
(2) For the purposes of this Constitution the expression “life of Parliament” means that whole period commencing from the date the new Parliament was first summoned after General Elections and ending on the date of dissolution of that Parliament for the purpose of enabling the holding of another ordinary general election.  

PART II  MEMBERS, CONSTITUENCIES AND ELECTION OF MEMBERS

Members of Parliament

Article 66. Members of the National Assembly
(1) Subject to the other provisions of this Article, there shall be the following categories of Members of Parliament, that is to say:-
  1. members elected to represent constituencies;
  2. 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;
  3. five members elected by the House of Representatives from among its members;
  4. the Attorney General;
  5. 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;
  6. the Speaker, if he is not elected from amongst the members.
(2) The President and the Vice-President shall each not be a Member of Parliament.
(3) Where a Regional Commissioner is elected a Member of Parliament representing a constituency or where a Member of Parliament representing a constituency is appointed a Regional Commissioner, the National Assembly shall be deemed to consist of the requisite number of members and its proceedings shall be valid notwithstanding that the ordinary total number of members in terms of this Article shall have been reduced by reason of such election of the Regional Commissioner or such appointment of a constituency member.

Article 67. Qualifications for Member of  Parliament
(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 -
  1. 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
  2. is a member and a candidate proposed by a political party.
(2) Such person possesses or has voluntarily acquired citizenship of any other country-
  1. such person possesses or voluntarily acquires the citizenship of any other country;
  2. in accordance with a law applicable in the Untied Republic it has been formally certified that such person is of unsound mind;
  3. such person has been convicted by any court in the United Republic and sentenced to death or to a term of imprisonment exceeding six months for any offence however styled involving dishonesty;
  4. within a period of five years preceding the date of a general election such person has been convicted and sentenced to imprisonment for an offence involving dishonesty or for contravening the law concerning ethics of public leaders;
  5. without prejudice to a person’s right and freedom to hold his own views, to profess a religious faith of his choice, to associate with others and to participate in community work in accordance with the laws of the land, no person shall be qualified to be elected to the office of President of the United Republic if he is not a member of, and a candidate proposed by, a political party;
  6. such person has an interest in any Government contract of any kind in respect of which special restrictions are prescribed by Act of Parliament and he has contravened such restrictions;
  7. such person holds a senior office in the service of the Government of the United Republic, not being an office of which the President may or is required to appoint a Member of Parliament in accordance with this Constitution or a law enacted by Parliament;
  8. in accordance with a law enacted by Parliament dealing with offences concerning election of any kind such person has been disqualified from registering as a voter or from voting in a Parliamentary election.
(3) A person shall not be competent to contest for election as a constituency Member of Parliament at any general election if he is at the same time contesting for election to the office of President, nor shall he be competent to contest for election as a Member of Parliament at any by-election if he is President.
(4) Parliament may enact a law making provisions disqualifying a person from being elected Member of Parliament representing a constituency if such person holds an office whose functions involve the conduct of, or supervision over, the election of Members of Parliament or the registration of voters for the elections of Members of Parliament; save that such law shall not make provision disqualifying the Speaker from being elected Member of Parliament representing a constituency nor make provisions which cause a person elected Speaker to vacate that office of Speaker or his ordinary seat as Member of Parliament.
(5) Parliament may enact a law for the purpose of making provisions for the disqualification of a person from being elected a Member of Parliament representing a constituency for any period, to be specified by Parliament (save that such period shall not exceed five years) if such person shall be convicted by a court for any type of offences, in connection with the election of Members of Parliament, as specified in that law.
(6) For the purposes of giving opportunity to appeal according to law to any person who has been formally certified to be of unsound mind, or convicted and sentenced to death or imprisonment, or convicted for any offence specified under the law in terms of subarticle (5) of this Article, Parliament may enact law providing that such judgment being appealed against by that person shall have no effect for the purposes of the provisions of subarticle (2) or (5) of this Article until the expiration of the period to be specified in such legislation.
(7) The following rules shall apply for the purposes of interpreting paragraphs (c), (d) and (e) of subarticle (2) of this Article, that is to say-
  1. where a person has been awarded two or more prison sentences to run consecutively, such sentences shall be regarded to be separate provided that each of the sentences does not exceed six months; but if the period specified in any of the sentences exceeds six months, such sentences shall be regarded as one sentence;
  2. if a person is sentenced to imprisonment where he could otherwise have been sentenced to a fine, or where the sentence of imprisonment is imposed for failure to pay a fine or ordered, such period of imprisonment shall not be taken into account.
(8) In paragraph (f) of subarticle (2) of this Article “Government contract” means any contractual agreement in which one of the parties is the Government of the United Republic, or the Revolutionary Government of Zanzibar or any department of that Government or any officer of the Government who has taken part on behalf of the Government.
(9) [Subarticles (9), (10), (11) and (12) are repealed by Act No.4 of 1992 Art.19 (d)].
(10) For the purposes of interpretation of the qualifications for election contained in the following Articles whenever it is stated in this Constitution that the implementation of any matter requires a person who has the qualification for election, or a person who has not been disqualified from election, then unless the context requires otherwise, it shall be understood that the qualifications concerned or those which enable a person to be elected a Member representing a constituency as provided in subarticle (1) of this Article.  

Article 68. Oath of Members of Parliament
Every Member of Parliament shall be required to take and subscribe before the National Assembly the oath of allegiance before commencing to take part in the business of the National Assembly save that he may take part in the election of Speaker before taking that oath.  

Article 69. Formal declaration by Members of Parliament concerning ethics of Leaders
(1) Every Member of Parliament shall be required before the expiration of thirty days since taking oath as Member of Parliament to submit to the Speaker two copies of a formal declaration that he has not lost the qualifications for election in terms of paragraph (d) of subarticle (2) of Article 67.
(2) The formal declaration required to be submitted to the Speaker shall be made on a special form prescribed in accordance with a law enacted by Parliament.
(3) The Speaker shall transmit to the Ethics Commissioner a copy of every formal declaration submitted to him in accordance with the provisions of this Article.
(4) In this Article and in Articles 70 and 84 “the Ethics Commissioner” means the Commissioner appointed to head the Ethics Secretariat referred to in Article 132 of this Constitution.  

Article 70. Members to submit statement of property
(1) Every Member of Parliament shall be required to submit to the Speaker two copies of a formal statement regarding his property and the property of his spouse. The statement shall be made on a special form prescribed by a law enacted by Parliament and shall be submitted from time to time as shall be directed by such law.
(2) The Speaker shall transmit to the Ethics Commissioner, a copy of every formal statement submitted to him in accordance with the provisions of this Article.  

Article 71. Tenure of office of Member of Parliament
(1) A Member of Parliament shall cease to be Member of Parliament and shall vacate his seat in the National Assembly upon the occurrence of any of the following matters:
  1. where anything happens which, had he not been a Member of Parliament, would have disqualified him from election, or would make him lose the qualifications for election, or would disqualify him from election or appointment in accordance with the provisions of this Constitution;
  2. where such Member of Parliament is elected PresidentAct No.34 ; of 1994,
  3. where a Member of Parliament fails to attend three consecutive meetings of the National Assembly without the permission of the Speaker;
  4. where it is established that he has contravened the provisions of the law concerning the ethics of public leaders;
  5. where a Member of Parliament ceases to be a member of the party to which he belonged when he was elected or appointed to be a Member of Parliament;
  6. where a Member of Parliament is elected or appointed Vice- President;
  7. in the case of a Member of Parliament who is required to submit a formal statement of property in accordance with the provisions of Article 70, if he fails to make such formal statement in accordance with the provisions of that Article within the period prescribed for that purpose by a law enacted by Parliament, but where a Member of Parliament does not cease to be a Member of Parliament on account of any of those matters mentioned and if he does not sooner resign or die, then he shall continue to hold office as Member of Parliament until the next general election.
(2) Parliament may enact a law for the purpose of making provisions enabling a Member of Parliament to appeal according to law, against a decision which confirms that he is a person of unsound mind, or against a sentence of death or imprisonment or against conviction for an offence of the type referred to in the provisions of subarticle (5) of Article 67 of this Constitution, and that law may provide that the decision appealed against by the Member of Parliament shall have no effect in law until the expiration of the period prescribed in that law.  

Article 72. Cessation of employment of civil servants on contesting for election
Where any person holding office in the service of the Government  which office is of the type mentioned in Article 67(2)(g) decides-
  1. to contest for election to the office of President or any other office under this Constitution; or
  2. to contest for leadership at any level in a political party contrary to the terms of employment, the employment of such person shall be considered to have ceased from the date of his becoming a candidate or of contesting for leadership in the political party.  
Article 73. Terms of service of Members of Parliament
All Members of Parliament of all categories shall hold office in accordance with this Constitution, and shall be paid a salary, allowances and other remuneration in accordance with a law enacted by Parliament.  

Article 74. Electoral Commission
(1) There shall be an Electoral Commission of the United Republic which shall consist of the following members to be appointed by the President:
  1. a Chairman who shall be a Judge of the High Court or a Justice of the Court of Appeal, who shall be a person with qualifications to be an advocate and has held those qualifications for a period of not less than fifteen years;
  2. a Vice-Chairman who shall be a person who holds, had held or is capable of holding an office of Judge of the High Court or a Justice of the Court of Appeal;
  3. other members to be specified by a law enacted by Parliament.
(2) The President shall appoint the Vice-Chairman of the Electoral Commission on the basis of the principle that where the Chairman hails from one part of the Union, the Vice-Chairman shall be a person who hails from the other part of the Union.
(3) The following persons shall not be eligible for appointment as members of the Electoral Commission, that is to say -
  1. a Minister or Deputy Minister;
  2. a person holding any kind of office specified by a law enacted by Parliament prohibiting a persons holding such office to be appointed a member of Electoral Commission;
  3. a Member of Parliament, a Councilor or other persons holding the kind of office specified by a law enacted by Parliament in terms of the provisions of paragraph (g) of subarticle (2) of Article 67 of this Constitution; and
  4. a leader of any political party.
(4) Subject to the other provisions of this Article, a member of the Electoral Commission shall cease to be a member whenever any of the following occurs -
  1. upon the expiration of five years since his appointment; or
  2. where anything happens which, had he not been a member of the Commission, would have made him ineligible for appointment to be a member of the Commission.
(5) The President may remove a member of the Electoral Commission from office only for failing to discharge his functions either due to illness or any other reason or due to misconduct or loss of the qualifications for being a member.
(6) The responsibilities of the Electoral Commission shall be:
  1. to supervise and co-ordinate the registration of voters in Presidential and Parliamentary elections in the United Republic;
  2. to supervise and co-ordinate the conduct of the Presidential and Parliamentary election;
  3. to review the boundaries and demarcate the United Republic into various areas for the purposes of Parliamentary elections;
  4. to supervise and co-ordinate the registration of voters and the conduct of the election of Councilors;
  5. to perform any other functions in accordance with a law enacted by Parliament.
(7) For the better carrying out of its functions, the Electoral Commission shall be an autonomous department, and its chief executive shall be the Director of Elections, who shall be appointed and shall discharge duties in accordance with a law enacted by Parliament.
(8) Parliament may enact a law providing for the procedure for supervising the election of Members of Parliament representing constituencies.
(9) The Electoral Commission may discharge its functions notwithstanding that there is a vacancy among its membership or that one of its members is absent, provided that every decision of the Commission must be supported by a majority of all the members of the Commission.
(10) Parliament may enact a law providing for the procedure of appointing delegates to supervise elections of constituency Members of Parliament and, subject to the provisions of any law or the directions of the Electoral commission, the powers of the Electoral Commission to supervise the elections may be exercised by such delegates.
(11) In discharging its functions in accordance with the provisions of this Constitution, the Electoral Commission shall not be obliged to comply with orders or directions of any person or any government department or the views of any political party.
(12) No court shall have power to inquire into anything done by the Electoral Commission in the discharge of its functions in accordance with the provisions of this Constitution.
(13) In the discharge of its functions in accordance with this Constitution, the Electoral Commission of the United Republic shall, from time to time, consult with the Electoral Commission of Tanzania Zanzibar.
(14) It is hereby prohibited for persons concerned with the conduct of elections to join any political party, save only that each of them shall have the right to vote as provided for under Article 5 of this Constitution.
(15) For the purposes of subarticle (14) the persons concerned with the conduct of elections are:
  1. the Chairman of the Electoral Commission;
  2. the Vice-Chairman of the Electoral Commission;
  3. all the members of the Electoral Commission;
  4. the Director of Elections together with all other employees of the Electoral Commission; and
  5. all supervisors of elections in all towns and districts.
Article 75. Constituencies
(1) Subject to the other provisions of this Article, the United Republic shall be demarcated into constituencies of such number and in such manner as shall be determined by the Electoral Commission after obtaining the consent of the President.
(2) Subject to any relevant law, the Electoral Commission shall have the power to demarcate the boundaries of constituencies after obtaining the consent of the President.
(3) In demarcating the boundaries of constituencies, the Electoral Commission shall take due account of the availability of members of communication and also the geographical conditions of the area intended for demarcation into constituencies.
(4) Subject to the provisions of this Constitution and any law concerning the demarcation of the country into constituencies, the Electoral Commission may, from time to time and at least after every ten years review the demarcation of the United Republic into constituencies and may alter the constituencies as a result of that review or as a result of a census conducted in the United Republic.
(5) If after a review of the demarcation of the United Republic into constituencies alterations are made in the constituencies, or the number of the Members of Parliament representing constituencies or in the number of constituencies or the number of Members of Parliament, then the resultant alteration in the number of Members of Parliament representing those constituencies shall take effect when Parliament is dissolved again following the occurrence of the alteration in the number of constituencies or in the number of Members of Parliament representing constituencies.
(6) Notwithstanding the other provisions of this Article, no court shall have power to inquire into anything done by the Electoral Commission in its discharge of the function of demarcating the United Republic into constituencies.  

Election and Appointment of Members of Parliament

Article 76. Elections in constituencies
(1) After every dissolution of Parliament there shall be held an election of a Member of Parliament in every constituency.
(2) Likewise there shall be held an election of a Member of Parliament in a constituency whenever the seat of any Member of Parliament representing that constituency falls vacant for any reason not connected with the dissolution of Parliament.
(3) Notwithstanding the preceding provisions of this Article, it is hereby declared that where the date for dissolution of Parliament has been proclaimed or is known on account of the events specified in subarticle (3) of Article 90, then no such election shall take place during the whole period of six months immediately preceding the date of the dissolution of Parliament.  

Article 77. Procedure for election Members of Parliament representing Constituencies
(1) Members of Parliament representing constituencies shall be elected by the people in accordance with the provisions of this Constitution and also the provisions of a law enacted by Parliament pursuant to this Constitution to regulate the election of Members of Parliament representing constituencies.
(2) Save where the Electoral Commission in accordance with the provisions of this Constitution or of a law enacted by Parliament in that behalf directs otherwise, there shall be elected only one Member of Parliament in a constituency.
(3) Candidates for election to a constituency shall be required to fulfill the following conditions:
  1. they shall be proposed, one each, by a political party taking part in the election in that constituency; and
  2. they shall have submitted their names to the Electoral Commission in accordance with the procedure laid down by a law enacted by Parliament or procedures prescribed by the Electoral Commission in accordance with law.  
Article 78. Procedure for election of women Members of Parliament
(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 -
  1. where a political party has nominated a Presidential candidate, presidential votes cast in the constituency for a Presidential candidate from that political party;
  2. 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 Election Commission after consultation of the party concerned, for purpose of filling any vacancy of Members of Parliament of this category whenever during the life of Parliament.  

Article 79. Procedure for election of Members by House of Representatives
The House of Representatives shall prescribe the procedures which it shall follow for the purposes of the election of Members of Parliament mentioned in Article 66(1) (c) of this Constitution.  

Article 80. [Repealed by Act No.4 of 1992 Article 27].

Article 81. Procedure for proposing women candidates
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).  

Article 82. [Repealed by Act No.4 of 1992 Article 29].

Article 83. Determination of the validity of a person’s membership of Parliament
(1) Every proceeding for the purposes of determining the question whether –
  1. the election or appointment of any person to be Member of Parliament was valid or not; or
  2. a Member of Parliament has ceased to be a Member of Parliament and his seat in the National Assembly is vacant, or not, shall, subject to the provisions of subarticle (2) of this Article, first be instituted and heard in the High Court of the United Republic.
(2) Where the Electoral Commission, in the discharge of its functions in accordance with the provisions of Article 41(3) of this Constitution has declared any Member of Parliament to have been elected President, then no court or any other body shall inquire further into any question concerning the seat of that Member of Parliament being vacant.
(3) Parliament may enact legislation providing for the following matters:
  1. persons who may institute proceedings in the High Court seeking for determination of any question in accordance with the provisions of this Article;
  2. the grounds and times for instituting such proceedings, procedure for instituting proceedings and conditions which have to be fulfilled in respect of every such proceeding; and
  3. prescribing the powers of the High Court over such proceedings and specifying the procedure for the hearing of the matter itself.
(4) There shall be a right of appeal to the Court of Appeal of Tanzania against a decision of the High Court in any matter which was heard in accordance with the provisions of this Article.  

PART THREE  PROCEDURE, POWERS AND PRIVILEGES OF PARLIAMENT

Speaker and Deputy Speaker

Article 84. Speaker and his functions
(1) There shall be a Speaker of the National Assembly who shall be elected by the Members of Parliament from amongst persons who are Members of Parliament or who are qualified to be Members of Parliament and shall be the Leader of the National Assembly in all other institutions and meetings.
(2) A Minister, a Deputy Minister or a person holding any other office prescribed by a law enacted by Parliament for the purposes of this Article shall not be elected Speaker.
(3) Any person elected Speaker shall be required, before the expiration of fifteen days of his election, to submit to the President a formal declaration that he has not lost the qualifications for election in terms of the provisions of paragraph (d) of subarticle (2) of Article 67. The declaration shall be made in a special form prescribed in accordance with a law enacted by Parliament.
(4) The President shall transmit to the Ethics Commissioner a copy of every formal declaration submitted to him in accordance with the provisions of subarticle (3) of this Article.
(5) The Speaker shall be required to submit to the President two copies of a formal statement regarding his property and that of his spouse. The Speaker shall submit such statement in a special form prescribed for that purpose in accordance with a law enacted by Parliament, and shall submit such statement from time to time as shall be directed by that law.
(6) The provisions of subarticles (2) and (3) of Article 70 shall apply, mutatis mutandis, to any statement regarding property submitted by the Speaker in accordance with the provisions of this Article.
(7) The Speaker shall cease to be Speaker and shall vacate his office upon the occurrence of any of the following events:
  1. where that person was elected from amongst Members of Parliament, he ceases to be a Member of Parliament for any reason other than the dissolution of Parliament;
  2. if anything happens which, had he not been Speaker, would disqualify such person from election, or make him lose the qualifications for being elected Speaker;
  3. when the National Assembly meets for the first time after General Elections held following the dissolution of Parliament, provided that the provisions of this paragraph shall operate subject to the provisions of subarticle (4) of Article 90 of this Constitution;
  4. if that person is removed from the office of Speaker by a resolution of the National Assembly supported by not less than two-thirds of all Members of Parliament;
  5. if that person fails to submit to the President a formal declaration in accordance with the provisions of subarticle (3) of this Article;
  6. if that person is convicted of the offence of perjury contrary to the provisions of the Penal Code concerning any formal declaration submitted in accordance with the provisions of subarticle (3) of this Article;
  7. if that person fails to submit to the President a statement regarding his property in according with subarticle (5) of this Article before the expiration of the period stipulated for that purpose in accordance with a law enacted by Parliament; or
  8. if it is proved that that person has contravened the provisions of the law concerning the ethics of public leaders.
(8) No business, other than the election of the Speaker, shall be conducted in the National Assembly while the office of Speaker is vacant.
(9) Any person not being a Member of Parliament, who is elected Speaker shall be required, before commencing to discharge the functions of his office, to take and subscribe the oath of allegiance before the National Assembly.  

Article 85. Deputy Speaker
(1) There shall be a Deputy Speaker of the National Assembly who shall be elected by Members from amongst Members of Parliament.
(2) A Minister, a Deputy Minister or a person holding any other office prescribed by a law enacted by Parliament for the purpose of this Article, shall not be elected Deputy Speaker.
(3) Members of Parliament shall elect a Deputy Speaker on the following occasions:
  1. when the National Assembly meets for the first time following the General Elections, or as soon as possible thereafter; and
  2. at the first sitting of the National Assembly after the office of Deputy Speaker falls vacant for any reason not connected with the dissolution of Parliament or as soon as possible after that sitting.
(4) The Deputy Speaker shall cease to be Deputy Speaker and shall vacate the office of Deputy Speaker upon the occurrence of any of the following events:
  1. if that person ceases to be a Member of Parliament;
  2. if anything happens which, had he not been Deputy Speaker, would have disqualified him from election or would make him lose the qualifications for being elected Deputy Speaker; or
  3. if that person is removed from the office of Deputy speaker by a resolution of the National Assembly.   
Article 86. Procedure for electing Speaker and Deputy Speaker
(1) There shall be held an election of the Speaker at the first sitting of the first meeting of National Assembly, and at any first sitting of the National Assembly immediately after the occurrence of a vacancy in the office of Speaker.
(2) There shall be held an election of the Deputy Speaker at any time during the first meeting of the National Assembly, which time shall be appointed by the National Assembly, and during the first sitting of the National Assembly immediately after the office of Deputy Speaker falls vacant.
(3) The election of a Speaker as well as that of Deputy Speaker shall be by secret ballot and shall be conducted in accordance with the procedure prescribed by the Standing Orders of the National Assembly.  

Article  87. Office of Parliament Clerk of the National Assembly
(1) There shall be a Clerk of the National Assembly who shall be appointed by the President from amongst persons holding high office in the service of the Union Government.
(2) The Clerk of the National Assembly shall be the Chief Executive in the office of the National Assembly, and shall be responsible for the efficient discharge of the business of Parliament in conformity with the provisions of this Constitution and of the relevant law.  

Article 88.  The Secretariat of the National Assembly
(1) There shall be a Secretariat of the National Assembly which shall consist of such number of offices within the service of the Government as the President may direct.
(2) The Secretariat of the National Assembly shall consist of officers of such number and grades as may be determined from time to time by the relevant Service Commission after consultation with the Clerk of the National Assembly.
(3) The Secretariat of the National Assembly, under the leadership of the Clerk of the National Assembly shall discharge all duties and functions prescribed or as may be necessary for the purpose of ensuring the efficient discharge by the National Assembly and Members of Parliament of the functions of Parliament under this Constitution.  

Article  89. Procedure in the National Assembly
(1) Subject to the provisions of this Constitution, the National Assembly may make Standing Orders for the purpose of prescribing procedure for the conduct of its business.
(2) Standing Orders made pursuant to this Article may prescribe procedure for the supervision of the discharge of the functions of the Secretariat of the National Assembly and also of the discharge of the business of the National Assembly in the National Assembly and those of its committees and subcommittees.  

Article 90. Summoning and dissolution of Parliament
(1) After General Elections, the President shall summon a New Parliament to meet before the expiration of seven days following the declaration of the results of the General Elections in all constituencies save in those constituencies where the elections are countermanded and commenced afresh.
(2) The President shall not have power to dissolve National Assembly at any time save only -
  1. if the life of Parliament has expired in terms of Article 65 of the Constitution or at any time within the last twelve months of the life of Parliament, save only if the Speaker receives a formal notice under Article 46A of this Constitution proposing the formation of a Special Committee of Inquiry with a view to impeaching the President;
  2. if the National Assembly refuses to approve a budget proposed by the Government;
  3. if Parliament fails to pass a Bill in terms of the provisions of Article 97(4);
  4. if the National Assembly declines to pass a motion which is of fundamental importance to Government policies and the President considers that the way out is not to appoint another Prime Minister but to call for a general election; or
  5. if, having regard to the proportional representation of political parties in the National Assembly the President considers that it is not longer legitimate for the Government in power to continue in office, and it is not feasible to form a new Government.
(3) Upon the expiration of the life of Parliament, Parliament shall stand dissolved: Save that if the life of Parliament expires at any time when the United Republic is at war, the National Assembly may, from time to time, extend the period mentioned in Article 65 of this Constitution for a period not exceeding twelve months each time; provided that the life of Parliament shall not be extended under the provisions of this subarticle for a period of more than five years.
(4) If an emergency arises or exists which, in the opinion of the President, necessitates the summoning of National Assembly at a time when Parliament stands dissolved, and the majority of results in the general election following the dissolution have not been declared, the President may by Proclamation, summon National Assembly and direct that the Speaker and all the persons who were the Members of Parliament immediately before the dissolution of National Assembly attend such meeting of National Assembly and such persons together with the Speaker shall be deemed to be the Members of the National Assembly for the purposes of that meeting and shall be so deemed until midnight of the day the majority of the results of the General Elections are declared.  

Article 91. President may address Parliament
(1) The President shall address the National Assembly at its first meeting and inaugurate it.
(2) Subject to the provisions of subarticle (1), the President may, at any time, address the National Assembly or send to the House a communication which shall be read by a Minister.  

Article 92. Meetings of the National Assembly
(1) The National Assembly shall hold its meetings at the place where it is customary to hold such meetings or at any other place in the United Republic as the President may designate in that behalf.
(2) The first meeting of the National Assembly in the life of Parliament shall commence on the day for which National Assembly is summoned to meet, and every subsequent meeting shall commence on such date as may be specified by the National Assembly or on any day that shall be appointed in accordance with the Standing Orders of the National Assembly.
(3) The President may at any time summon a meeting of the National Assembly.  

Article 93.  Presiding at sittings of the National Assembly
Every sitting of the National Assembly shall be presided over by any one of the following persons, that is to say -
(a) the Speaker;
(b) if the Speaker is absent, the Deputy Speaker; or
(c) if both the Speaker and the Deputy Speaker are absent, any Member of Parliament who has been elected for that purpose, but a Minister or a Deputy Minister or a person holding any other type of office specified by any law enacted by Parliament for the purpose of this Article shall not be elected under the provisions of this paragraph.  

Article 94.-Quorum at the sittings of the National Assembly
(1) The quorum at every sitting of the National Assembly shall be half of all the Members of Parliament.
(2) Except where it is provided otherwise in this Constitution, every question proposed for decision in the National Assembly shall be determined by a majority of the votes of the Members of Parliament present and voting.
(3) The Speaker, Deputy Speaker or any other person presiding over the sitting of the National Assembly shall not have a deliberative vote but shall have a casting vote in the event of an equality of votes.
(4) The Standing Orders of the National Assembly may provide that any Member of Parliament who votes on any matter in which he has a personal interest shall be deemed not to have voted.  

Article 95. Vacant seats in the National Assembly
The National Assembly may conduct business during its sittings notwithstanding any vacant seat in the National Assembly whether the seat became vacant since or after the first meeting following the General Elections, and if in such business any person who is not entitled takes part or if during that business any person who is not entitled is present, then the participation or presence of that person shall not invalidate the business.  

Article 96. Standing Committees of the National Assembly
(1) The National Assembly may establish various Standing Committees as it may deem appropriate for the better discharge of its functions.
(2) The Standing Orders of the National Assembly may provide for the composition and functions of the Standing Committees established pursuant to the provisions of this Article.  

Article 97. Legislative Procedure
(1) Subject to the provisions contained in this Constitution, the Parliament shall exercise its legislative power through the process of debating and passing Bills which eventually shall have to be assented to by the President, and a Bill shall not become law unless it is so passed by the National Assembly and assented to by the President in accordance with the provisions of this Article.
(2) After a Bill is presented to the President for his assent, the President may either assent to the Bill or withhold his assent, and in the event the President withholds his assent to a Bill, he shall return it to the National Assembly together with a statement of his reasons for withholding his assent to the Bill.
(3) After a Bill is returned to the National Assembly pursuant to the provisions of this Article, it shall not be presented again to the President for his assent before the expiration of six months since it was so returned, except if at the last stage in the National Assembly before it is again presented to the President, it is supported by the votes of not less than two-thirds of all the Members of Parliament.
(4) If a Bill is returned to the National Assembly the President, and it is then supported in the National Assembly by not less than two-thirds of all Members of Parliament as provided in subarticle (3) and it is presented a second time to the President for assent within six months of its being so returned, then the President shall be obliged to assent to the Bill within twenty-one days of its being presented to him, otherwise he shall have to dissolve Parliament.
(5) The provisions of this Article or Article 64 of this Constitution shall not prevent Parliament from enacting laws making provisions conferring on any person or department of Government the power to make regulations having the force of law or conferring the force of law on any regulations made by any person, or any department of Government.  

Article 98. Procedure for altering the Constitution and certain laws
(1) Parliament may enact law for altering any provision of this Constitution in accordance with the following principles:
  1. a Bill for an Act to alter any provisions of this Constitution, other than those relating to paragraph (b) of this subarticle or any provisions of any law specified in List One of the Second Schedule to this Constitution shall be supported by the votes of not less than two thirds of all the Members of Parliament; and
  2. a Bill for an Act to alter any provisions of this Constitution or any provisions of any law relating to any of the matters specified in List Two of the Second Schedule to this Constitution shall be passed only if it is supported by the votes of not less than two-thirds of all Members of Parliament from Mainland Tanzania and not less than two-thirds of all Members of Parliament from Tanzania Zanzibar.
(2) For the purpose of construing the provisions of subarticle (1), alteration of provisions of this Constitution or the provisions of a law shall be understood to include modification, or correction of those provisions or repeal and replacement of those provisions or the re-enactment or modification of the application of the provisions.  

Article 99. Procedure for legislation in financial matters
(1) The National Assembly shall not deal with any of the matters to which this Article relates except if the President has proposed that the matter be dealt with by the National Assembly and the proposal has been submitted to the National Assembly by a Minister.
(2) The matters to which this Article relate are the following:
  1. a Bill to enact a law providing for any of the following -
    • to levy a tax or to alter taxation otherwise than by reduction;
    • the imposition of any charge upon the Consolidated Fund or any other public fund or the alteration of any such charge otherwise than by reduction;
    • the payment, issue or withdrawal from the Consolidated Fund or any other public fund of any moneys not charged thereon, or any increase in the amount of such payment, issue or withdrawal;
    • the composition or remission of any debt due or payable to the United Republic;
  2. a motion or any amendment of a motion for the purpose of any of the matters referred to in paragraph (a) of this subarticle.
(3) The provisions of this Article shall not apply to a Bill or any amendment to a Bill introduced by or a motion or an amendment to a motion moved by a Minister or a Deputy Minister.  

Power and Privileges of Parliament

Article 100. Freedom and immunity from proceedings
(1) There shall be freedom of opinion, debate and in the National Assembly, and that freedom shall not be breached or questioned by any organ in the United Republic or in any court or elsewhere outside the National Assembly.
(2) Subject to this Constitution or to the provisions of any other relevant law, a Member of Parliament shall not be prosecuted and no civil proceedings may be instituted against him in a court in relation to any thing which he has said or done in the National Assembly or has submitted to the National Assembly by way of a petition, bill, motion or otherwise.  

Article 101. Preservation and enforcement of freedom of debate and procedure
Parliament may enact a law making provisions to enable the court and the law to preserve and enforce freedom of opinion, debate and procedure of business in the National Assembly which in terms of Article 100 is guaranteed by this Constitution.  .