PART I THE PRESIDENT
Article 33. President of the United Republic(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.
Article 34. The Government of the United Republic authority (1) There shall be a Government of the United Republic which shall have authority over all Union Matters in the United Republic and over all other matters concerning Mainland Tanzania.
(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.
(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.
(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.
(5) It is hereby declared that the provisions of this Article shall not be construed as -
- transferring to the President any powers which by the law have been conferred to another person or authority other than the President; or
- preventing Parliament from conferring power upon any person or authority other than the President.
Article 35. Discharge of the business of the Government
(1) All Executive functions of the Government of the United Republic of Tanzania discharged by officers of the Government shall be so done on behalf of the President.
(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.
Article 36. Authority to constitute offices and to appoint officers
(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.
(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.
(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.
(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.
Article 37. Discharge of duties and function of President
(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.
(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.
(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 -
- the Vice President or, if his office is vacant or if he is also absent or is ill; then
- the Prime Minister.
(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 -
- the President returns in the United Republic or, his condition improves and reassumes the discharge of the duties and functions of the President; or
- the Vice President returns in the United Republic.
(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.
(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-
- absent from the town which is the seat of Government of the United Republic;
- he is absent from the United Republic for a period of twenty four hours; or
- he is ill but hopes to be better after a short period.
(7) Where any of the situations specified in subarticle (6) occurs, and the President deems it appropriate to delegate his powers for the duration of any such situation, then he may give directions in writing for the appointment of any of the persons mentioned in paragraph (a) or (b) of subarticle (3) of this Article for the purposes of discharging the functions of the office of President and the person so appointed shall discharge those functions of the office of President in accordance with the terms specified by the President; save that the terms specified in this Article shall be understood to derogate or prejudice the power of the President under any other law to diminish his functions to any other person in accordance with any other law.
(8) The President may direct in writing, if in his opinion it is desirable so, to do, any Minister to discharge any functions of President as may be specified and the Minister so directed shall by virtue of the provisions of this subarticle have the power to discharge those functions in accordance with any directions given by President, notwithstanding the provisions of any other law: Provided that-
- the President shall not have authority to delegate to a Minister in accordance with the provisions of this subarticle any function of President conferred on him by any law arising from the terms of any treaty to which the United Republic is a party if by law the President is not authorised to delegate such function to any other person;
- it is hereby declared that directions given by the President under the provisions of this subarticle directing any Minister to discharge any function of President shall not be deemed to prevent the President from discharging such function himself.
(9) For the purposes of clarity of the provisions of this Article -
- a Cabinet meeting held for the purpose of submitting to the Chief Justice a resolution concerning the state of health of the President shall be valid notwithstanding that any member of the Cabinet is absent or that his position is vacant and it shall be deemed that the Cabinet has passed that resolution as long as it is supported by the majority vote of members attending and voting;
- the President shall not be taken as being absent from the United Republic by reason only of the fact that he is in passage from one part of Tanzania to another through a foreign country, or for the reason that he has given directions in accordance with the provisions of subarticle (7) and those directions have not been rescinded.
(10) Notwithstanding the preceding provisions of this Article, a person discharging the functions of President under this Article shall not have power to dissolve Parliament, to remove any of the Ministers from office or to revoke any appointment made by the President.
(11) If any person discharging the functions of President in accordance with the provisions of this Article is a Member of Parliament, he shall not forfeit his seat in the National Assembly or be disqualified for election as Member of Parliament by reason only of his discharging those functions of President.
Article 38 Election of President
(1) The President shall be elected by the citizen in accordance with the provisions of this Constitution and in accordance with the law enacted by Parliament pursuant to the provisions of this Constitution, making provisions concerning the election of the President.
(2) Subject to the other provisions of this Constitution, the office of President shall be vacant and the election of the President shall be held or that vacancy shall be filled otherwise in accordance with this Constitution, as the case may be, upon the occurrence of any of the following events -
- the dissolution of Parliament;
- the resignation of the President without first dissolving Parliament;
- the disqualification of the President from holding elective office;
- the removal of President from office following his impeachment by the National Assembly in accordance with this Constitution;
- certification pursuant to the provisions of Article 37 of this Constitution that the President is unable to discharge the function of his office;
- the death of the President.
(3) The office of President shall not be deemed to be vacant by reason only that the National Assembly has passed a motion of no confidence in the Prime Minister.
Article 39. Qualifications for election as President
(1) A person shall not be entitled to be elected to hold the office of President of the United Republic save only if -
- he is a citizen of the United Republic by birth in accordance with the citizenship law;
- he has attained the age of forty years;
- he is a member of, and a candidate nominated by, a political party;
- he is qualified to be a Member of Parliament or a Member of the House of Representatives;
- 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.
Article 40. Eligibility for re-election
(1) Subject to the other provisions of this Article, any person who holds office as President shall be eligible for re-election to that office.
(2) No person shall be elected more than twice to hold the office of President.
(3) A person who has been President of Zanzibar shall not be disqualified from being elected President of the United Republic for the reason only for he has once held office as President of Zanzibar.
(4) Where the Vice-President holds the office of President in accordance with the provisions of Article 37(5) for less than three years, he shall be eligible to contest for the office of President for two terms, but where he occupies the office of President for three years or more, he shall be eligible to contest for the office of President for one term only.
Article 41. Procedures for the election of President
(1) Where Parliament has been dissolved or where any of the events specified in subarticle (2) of Article 38 has occurred and it becomes necessary to hold an election of the President, every political party wishing to participate in the election of President shall submit to the Electoral Commission, in accordance with the law, the name of one of its members whom it proposes as a candidate to contest the election for the President of the United Republic and the name of another member of the party whom it proposes for the office of Vice-President.
(2) The names of the candidates proposed for the Presidential election shall be submitted to the Electoral Commission on a date and time appointed in accordance with a law enacted by Parliament, and a person shall not be validly nominated save only if his nomination is supported by such number of voters and in such manner as shall be prescribed by an Act of Parliament.
(3) Where on the date and time appointed for the purpose of submission of the names of the candidates, only the name of one candidate is validly submitted, the Electoral Commission shall nominate that candidate and present such candidate’s name to the electorate who shall vote either for or against him in accordance with the provisions of this Article and an Act enacted by Parliament.
(4) The election of the President of the Untied Republic shall be held on a date to be appointed by the Electoral Commission in accordance with an Act of Parliament.
(5) All other matters concerning the procedures for the election of the President, shall be as provided for in a law enacted by Parliament in that behalf.
(6) Any presidential candidate shall be declared duly elected President only if he has obtained majority of votes.
(7) When a candidate is declared by the Electoral Commission to have been duly elected in accordance with this Article, then no court of law shall have any jurisdiction to inquire into the election of that candidate.
Article 42. Time of assumption and term of office of President
(1) The President elect shall assume office of President as soon as possible after it is declared that he has been elected President, but in any event he shall assume office before the expiration of not more than seven days.
(2) Unless he sooner resigns or dies, the President shall, subject to sub article (3), hold office of President for a period of five years from the date on which he was elected.
(3) A person elected President shall hold the office of President until -
- the day his successor in office takes the oath of office;
- the day he dies while in office;
- the day he resigns from office; or
- he ceases to hold the office of President in accordance with the provisions of this Constitution.
(4) If the United Republic is at war and the President considers that it is not practicable to hold elections, the National Assembly may, pass a resolution extending the period of five years specified in subarticle (2) of this Article save that no such extension shall exceed a period of six months at any one time.
(5) Every President elect and every person assuming the office of President shall, before assuming the functions of the Office of President, take and subscribe, in the presence of the Chief Justice of the United Republic, oath of allegiance and such other oath relating to the execution of the functions of the office of President as may be prescribed by an Act of Parliament.
Article 43. Terms of office of President
(1) The President shall be paid such salary and other remuneration, and on retirement he shall receive such pension, gratuity or allowances as may be determined by the National Assembly, and the salary, other benefits, pension and gratuity shall be charged on the Consolidated Fund of the United Republic and shall be paid in accordance with the provisions of this Article.
(2) The salary and all other payments due to the President shall not be reduced while he is in office in accordance with the provisions of this Constitution.
Article 44. Power to declare war
(1) Subject to this Constitution or to any Act of Parliament providing in that behalf, the President may declare the existence of a state of war between the United Republic and any other country.
(2) After making the declaration, the President shall transmit a copy of such declaration to the Speaker of the National Assembly who, after consultation with the Leader of Government Business in the National Assembly, shall within fourteen days from the date of the declaration, convene a meeting of the National Assembly to deliberate on the prevailing situation and to consider whether or not to pass a resolution in support of the declaration of war made by the President.
Article 45. Prerogative of mercy
(1) Subject to the other provisions contained in this Article, the President may do any of the following:
- grant a pardon to any person convicted by a court of law of any offence, and he may subject to law grant such pardon unconditionally or on conditions;
- grant any person a respite, either indefinitely or for a specified period, of the execution of any punishment imposed on that person for any offence;
- substitute a less severe form of punishment for any punishment imposed on any person for any offence; and
- remit the whole or part of any punishment imposed on any person for any offence, or remit the whole or part of any penalty of fine or forfeiture of property belonging to a convicted person which would otherwise be due to the Government of the United Republic on account of any offence.
(2) Parliament may enact law making provisions for the procedure to be followed by the President in the exercise of his powers under this Article.
(3) The provisions of this Article shall apply to persons convicted and punished in Tanzania Zanzibar and to punishments imposed in Tanzania Zanzibar under law enacted by Parliament which applies to Tanzania Zanzibar, likewise such provisions shall apply to persons convicted and punished in Mainland Tanzania in accordance with law.
Article 46 Immunity from criminal and civil proceedings
(1) During the President’s tenure of office in accordance with this Constitution it shall be prohibited to institute or continue in court any criminal proceedings whatsoever against him.
(2) During the President’s tenure of office in accordance this Constitution, no civil proceedings against him shall be instituted in court in respect of anything done or not done, or purporting to have been done or not done, by him in his personal capacity as an ordinary citizen whether before or after he assumed the office of President, unless at least thirty days before the proceedings are instituted in court, notice of claim in writing has been delivered to him or sent to him pursuant to the procedure prescribed by an Act of Parliament, stating the nature of such proceedings, the cause of action, the name, residential address of the claimant and the relief which he claims.
(3) Except where he ceases to hold the office of President pursuant to the provisions of Article 46A(10) it shall be prohibited to institute in court criminal or civil proceedings whatsoever against a person who was holding the office of President after he ceases to hold such office for anything he did in his capacity as President while he held the office of President in accordance with this Constitution.
Article 46A. Impeachment by the National Assembly
(1) Notwithstanding the provisions of Article 46 of this Constitution, the National Assembly may pass a resolution to remove the President from office if a motion to impeach the President is moved and passed in accordance with the provisions of this Article.
(2) Subject to the other provisions of this Article, no motion to impeach the President shall be moved save only if it is alleged that the President has -
- committed acts which generally violate Constitution or law concerning ethics of public leaders;
- committed acts which contravene the conditions concerning the registration of political parties specified in Article 20(2) of this Constitution;
- conducted himself in a manner which lowers the esteem of the office of President of the United Republic, and no such motion shall be moved within twenty months from the time when a similar motion was previously moved and rejected by the National Assembly.
(3) The National Assembly shall not pass a motion to impeach the President save only if -
- a written notice signed and supported by not less the twenty per cent of all member of Parliament is submitted to the Speaker thirty days prior to the sitting at which such motion is intended to be moved in the National Assembly, specifying the wrong committed by the President and proposing that a Special Committee of Inquiry be Constituted to inquire into the charges brought against the President.
- at any time after the Speaker receives the notice duly signed by the Member of Parliament and satisfies himself that the provisions of the Constitution for the moving of the motion have been complied with, to vote on the motion to constitute a Special Committee of Inquiry, and if it is supported by not less than two thirds of all the Member of Parliament, the Speaker shall announce the names of the member of the Special Committee of Inquiry.
(4) The Special Committee of Inquiry for the purpose of this Article shall consist of the following members, that is to say -
- the Chief Justice of the United Republic who shall be the Chairman;
- the Chief Justice of Tanzania Zanzibar; and
- seven members appointed by the Speaker in accordance with the Standing Orders of the National Assembly and taking into account the proportional representation amongst the political parties represented in the National Assembly.
(5) In the event that the National Assembly passes the motion to constitute a Special Committee of Inquiry, the President shall be deemed to be out of office, and the duties and functions of the office of President shall be discharged in accordance with the provisions of Article 37(3) of this Constitution until the Speaker shall inform the President about the resolution of the National Assembly in connection with the charges brought against him.
(6) Within seven days after the Special Committee of Inquiry is constituted, it shall sit, inquire into and analyse the charges preferred against the President, including and affording the President an opportunity to be heard in accordance with the procedure prescribed by the Standing Orders of the National Assembly.
(7) As soon as possible and in any event within a period of not more than ninety days, the Special Committee of Inquiry shall submit its report to the Speaker.
(8) After the Speaker has received the report of the Special Committee of Inquiry, the report shall be tabled before the National Assembly in accordance with the procedure prescribed by the Standing Orders of the National Assembly.
(9) After the report of the Special Committee of Inquiry is submitted pursuant to subarticle (8) the National Assembly shall debate the report and afford the President the opportunity to be heard and by votes of not less than two thirds majority of all the Members of Parliament, the National Assembly shall pass a resolution that either the charges against the President have been proved and that he is unworthy of continuing to hold the office of President, or the charges have not been proved.
(10) In the event the National Assembly passes a resolution that the charges against the President have been proved and that he is unworthy of continuing to hold the office of President, the Speaker shall inform the President and the Chairman of the Electoral Commission about the resolution whereupon the President shall be obliged to resign before the expiry of three days from the day the National Assembly passed the resolution.
(11) In the event the President ceases to hold the office of President by reason of the charges against him being proved he shall not be entitled to receive any payment by way of pension or to receive any benefits.
Article 46B. Duty of principal leaders of organs with executive power to preserve Union
(1) Without prejudice to the duty of every citizen which is stipulated in Article 28 of this Constitution, the principal executive leaders of the organs vested with executive powers in the United Republic mentioned in Article 4 of this Constitution shall, each one of them in the exercise of the powers conferred by this Constitution or the Constitution of Zanzibar 1984 have the duty to ensure that he protects, strengthens and preserves the unity of the United Republic.
(2) For the purposes of the provisions of subarticle (1), each of the principal leaders of the organs vested with executive powers of the United Republic shall, before assuming office in accordance with this Constitution, take oath to defend and preserve the unity of the United Republic in accordance with this Constitution.
(3) The principal leaders to whom the provisions of this Article apply are:
- the President of the United Republic;
- the Vice-President of the United Republic;
- the President of Zanzibar; and
- the Prime Minister of the United Republic.
PART II VICE-PRESIDENT
Article 47. Vice-President his duties and powers(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, in particular shall –
- assist the President in making a follow-up on the day-to-day implementation of Union Matters;
- perform all duties assigned to him by the President; and
- perform all duties and functions of the office of President when the President is out of office or out of the country.
(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 Untied 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 -
- he is a citizen of the United Republic by birth in accordance with the citizenship law;
- he has attained the age of forty;
- he is a member of, and a candidate nominated by, a political party; and
- he is qualified to be a Member of Parliament or a Member of the House of Representatives.
- 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.
(5) Any party shall not be prohibited from nominating any person to contest for the office of Vice-President for the reason only that such person is at that time holding the office of President of Zanzibar or the office of Prime Minister of the United Republic.
(6) The Vice-President shall not at the same time be a Member of Parliament, Prime Minister of the United Republic, or President of Zanzibar.
(7) Where a person who is Prime Minister, or President of Zanzibar is appointed or elected to be Vice-President of the United Republic he shall cease to hold the office of Prime Minister or President of Zanzibar, as the case may be.
(8) The Vice-President shall perform his duties under the direction and supervision of the President and shall provide leadership and be answerable to the President in respect of any matters or functions assigned to him by the President.
Article 48. Time of assumption of office of the Vice-President
(1) The Vice-President shall assume the office of Vice-President on the same day the President assumes office.
(2) The Vice-President appointed in accordance with Article 50(4) shall take oath and assume office after his appointment is confirmed by the National Assembly.
Article 49. Oath of office of the Vice-President
The Vice-President shall, before assuming office, make and subscribe before the Chief Justice of the United Republic the oath of allegiance and such other oath relating to the execution of the functions of his office as may be prescribed by an Act of Parliament.
Article 50. Tenure of office of Vice-President
(1) Unless he sooner resigns or dies, a person elected or appointed in accordance with Article 37(5), to be Vice-President, shall, subject to the other provisions of this Article, hold office for a period of five years from the day he is elected Vice-President.
(2) The Vice-President shall hold office until -
- his tenure of office expires;
- he dies while in office;
- he resigns;
- he is sworn in as President after the office of President falls vacant;
- he is convicted of any criminal offence disclosing lack of honesty or loyalty;
- when another President is sworn in to hold the office of President together with his Vice-President;
- he is removed from office following his impeachment by the National Assembly in accordance with the provisions of subarticle (3) of this Article;
- he otherwise ceases to hold the office of Vice-President in accordance with the provisions of this Constitution.
(3) The National Assembly shall have the same power to remove the Vice-President from office as it has in relation to the President save that any motion to impeach the Vice-President shall be moved before the National Assembly only if it is alleged that -
- the President has submitted a certificate to the Speaker stating that the Vice-President has ceased or failed to discharge the duties and functions of the office of Vice-President;
- he has committed acts which generally violate the Constitution or the law concerning the ethics of public leaders;
- he has committed acts which contravene the conditions concerning the registration of political parties specified in Article 20(2) of the Constitution;
- he has conducted himself in a manner that lowers the esteem of the office of President of the United Republic or the office of Vice- President, and no such motion shall be moved within twelve months from the time when a similar motion was previously moved and rejected by the National Assembly.
(4) In the event that the office of Vice-President is vacant pursuant to the relevant provisions subarticle (2) or (3) of this Article as soon as possible and in any case within a period not exceeding fourteen days after the Vice-President has ceased to hold his office, the President shall appoint a person who shall be the Vice-President and such appointment shall be confirmed by the National Assembly by a majority vote of the Members of Parliament.
(5) All other provisions of Article 46A of the Constitution shall apply also in relation to the Vice-President save only that a Vice-President who has been removed from office under subarticle (3) shall no longer qualify to hold the office of the President, Vice President, Prime Minister or President of Zanzibar.
PART III PRIME MINISTER, CABINET AND THE GOVERNMENT
PRIME MINISTER
Article 51. Prime Minister of the United Republic(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.
(3) Subject to the other provisions of this Constitution, the Prime Minister shall hold the office of Prime Minister the day -
- the President-elect takes the oath of office;
- he dies while in office;
- he resigns;
- the President appoints another Member of Parliament to hold the office of the Prime Minister;
- he ceases to hold the office of Prime Minister in accordance with the other provisions of this Constitution.
Article 52. Functions and authority of the Prime Minister
(1) The Prime Minister shall have authority over the control, supervision and execution of the day-to-day functions and affairs of the Government of the United Republic.
(2) The Prime Minister shall be the Leader of Government business in the National Assembly.
(3) In the exercise of his authority, the Prime Minister shall perform or cause to be performed any matter or matters which the President directs to be done.
Article 53. Accountability of the Executive
(1) Subject to the provisions of this Constitution, the Prime Minister shall be accountable to the President for the exercise of his authority.
(2) The Executive of the United Republic, under the authority of the President, shall be the organ having the power to determine the policy of the Government in general, and Ministers under the leadership of the Prime Minister, shall be collectively responsible in the National Assembly for the execution of the affairs of the Government of the United Republic.
Article 53A. Vote of no confidence
(1) Notwithstanding the provisions of Article 51 of this Constitution, the National Assembly may pass a vote of no confidence in the Prime Minister if a motion in that behalf is moved and passed in accordance with the provisions of this Article.
(2) Subject to the other provisions of this Article, any motion for a vote of no confidence in the Prime Minister shall not be moved in the National Assembly if -
- either it has no relation with the discharge of the responsibilities of the Prime Minister in accordance with Article 52 of the Constitution or there are no allegations that the Prime Minister has contravened the law concerning the ethics of public leaders;
- six months have not lapsed since he was appointed;
- nine months have not lapsed since a similar motion was moved in and rejected by the National Assembly.
(3) A motion for a vote of no confidence in the Prime Minister shall not be passed by the National Assembly save only if -
- a written notice, signed and supported by not less than twenty percentum of all the Members of Parliament is submitted to the Speaker, at least fourteen days prior to the day on which the motion is intended to be moved before the National Assembly;
- the Speaker satisfies himself that the provisions of this Constitution governing the moving of the motion have been complied with.
(4) A motion which satisfies the provisions of the Article shall be moved before the National Assembly as soon as possible in accordance with the Standing Orders of the National Assembly.
(5) A motion for a vote of no confidence in the Prime Minister shall be passed only if it is supported by a majority of the Members of Parliament.
(6) In the event the motion for a vote of no confidence in the Prime Minister is supported by a majority of the Members of Parliament, the Speaker shall submit that resolution to the President, and as soon as possible and in any case within two days from the day the National Assembly passes the vote of no confidence in the Prime Minister, the Prime Minister shall be required to resign, and the President shall appoint another Member of Parliament to be Prime Minister.
Article 54. Cabinet and 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.
(2) The President shall attend the meetings of the Cabinet and shall preside over those meetings. In the event the President is absent, the meetings shall be presided over by the Vice-President, and if both President and the Vice- President are absent, the Prime Minister shall preside over the meetings.
(3) Subject to the provisions contained in Article 37(1) of this Constitution, the Cabinet shall be the principal organ for advising the President regarding all matters concerning the exercise of his powers in accordance with the provisions of this Constitution, and it shall assist and advise the President over any matter which shall be submitted to the Cabinet pursuant to specific or general directions issued by the President.
(4) The Attorney General shall attend all the meetings of the Cabinet and shall have all the rights of a member of those meetings save that he shall not have the right to vote at such meetings.
(5) The question whether any advice, and if so, what advice was given by the Cabinet to the President, shall not be inquired into any court.
Article 55. Appointment of Ministers and Deputy Ministers
(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.
(5) Notwithstanding the provisions of subarticle (4), in the event that the President is obliged to appoint a Minister or a Deputy Minister after dissolution of Parliament then he may appoint any person who was a Member of Parliament before Parliament was dissolved.
Article 56. Oath of office of Ministers and Deputy Ministers
A Minister or a Deputy Minister shall not assume office until he has first taken and subscribed before the President, the oath of allegiance and such other oath relating to the execution of the functions of his office as may be prescribed by an Act of Parliament.
Article 57. Tenure of office of Ministers and Deputy Ministers
(1) The tenure of office of a Minister, or a Deputy Minister shall commence on the date he is appointed to hold that office.
(2) The Office of a Minister or a Deputy Minister shall become vacant upon the occurrence of any of the following:
- if the incumbent resigns or dies;
- where the incumbent ceases to be a Member of Parliament for any reason not connected with the dissolution of Parliament;
- where the President revokes the appointment thereby removing the incumbent from office;
- where he is elected Speaker;
- vacant for any other reasons;
- immediately before the President elect assumes office;
- where the Ethics Tribunal makes a decision confirming that he has contravened the law concerning ethics of public leaders.
Article 58. Terms of office of Ministers and Deputy Ministers
Ministers and Deputy Ministers shall hold office during the pleasure of the President, and shall be paid a salary, allowances and other remuneration in accordance with a law enacted by Parliament.
Article 59. Attorney General for the Government of the United Republic
(1) There shall be the Attorney General for the Government of the United Republic, who in the subsequent Articles of this Constitution, shall simply be referred to as the “Attorney-General†who shall be appointed by the President.
(2) The Attorney General shall be appointed from amongst public officers qualified to perform functions of advocate or, persons who are qualified to be registered as advocates and, has continuously held those qualifications for a period of not less than ten years.
(3) The Attorney-General shall be the adviser of the Government of the United Republic matters of law and for that purpose shall be responsible for advising the Government of the United Republic on all matters of law, and to discharge any other functions pertaining to or connected with law which are referred or assigned to him by the President and also to discharge such other duties or functions which shall be entrusted to him by this Constitution or by any law.
(4) In the discharge of duties and functions in accordance with this Article, the Attorney-General shall be entitled to appear and be heard in all courts in the United Republic.
(5) The Attorney-General shall be a Member of Parliament by virtue of office, and shall hold office until -
- his appointment is revoked by the President; or
- immediately before the President elect assumes office, and he shall be paid a salary, allowances and other remuneration in accordance with a law enacted by Parliament.
Article 59A. Deputy Attorney General
(1) There shall be a Deputy Attorney General of the United Republic, who shall be appointed by the President from amongst persons with qualifications specified in subarticle (2) of Article 59, and has continuously held those qualifications for a period of not less than ten years.
(2) The Deputy Attorney General shall be the principal assistant in the discharge of duties and functions of the Attorney General and shall discharge other duties and functions as may be assigned by the Attorney General.
Article 59B. Director of Public Prosecutions
(1) There shall be a Director of Public Prosecutions who shall be appointed by the President from amongst persons with qualifications specified in subarticle (2) of Article 59 and has continuously held those qualifications for a period of not less than ten years.
(2) The Director of Public Prosecutions shall have powers to institute, prosecute and supervise all criminal prosecutions in the country.
(3) The powers of the Director of Public Prosecutions under subarticle (2), may be exercised by him in person or on his directions, by officers under him, or any other officers who discharge these duties under his instructions.
(4) In exercising his powers, the Director of Public Prosecutions shall be free, shall not be interfered with by any person or with any authority and shall have regard to the following -
- the need to dispensing justice;
- prevention of misuse of procedures for dispensing justice;
- public interest.
(5) The Director of Public Prosecutions shall exercise his powers as may be prescribed by any law enacted or to be enacted by the Parliament.
Article 60. Secretary to the Cabinet
There shall be a Secretary to the Cabinet who shall be the chief executive officer in the office of the Cabinet, and he shall discharge the following functions, in compliance with the general or specific directions issued to him by the President, that is to say:
- to work out a programme for Cabinet meetings and prepare the agenda for each meeting;
- to record minutes and maintain a record of Cabinet meetings;
- to notify and explain the decisions of the Cabinet to every person or public institution concerned with any such decision; and
- to discharge any other duties and functions as shall be directed from time to time by the President.
Article 61. Regional Commissioners
(1) There shall be a Regional Commissioner for each region within the United Republic who, subject to subarticle (3), shall be a leader in the Government of the United Republic.
(2) Regional Commissioners in Mainland Tanzania shall be appointed by the President, after consultation with the Prime Minister.
(3) Regional Commissioners in Tanzania Zanzibar shall be appointed by the President of Zanzibar, after consultation with the President.
(4) Without prejudice to the provisions of subarticle (5), every Regional Commissioner shall have the duty to supervise the discharge of all the duties and functions of the Government of the United Republic in the region assigned to him and for that purpose, he shall discharge all duties and functions specified by or under any written law as being functions of a Regional Commissioner, and shall exercise all such powers specified by any law enacted by Parliament.
(5) In addition to his duties and functions specified in the preceding provisions of this Article, a Regional Commissioner for any region in Tanzania Zanzibar shall discharge the duties and functions of the Revolutionary Government of Zanzibar which shall be assigned to him by the President of Zanzibar and in accordance with the Constitution of Zanzibar, 1984, or any law enacted by the House of Representatives.