PART II VICE-PRESIDENT Vice-President his duties and powers Act No.34 of 1994 Art.11; Act No.3 47.-(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 – (a) assist the President in making a follow-up on the day-to-day implementation of Union Matters; (b) perform all duties assigned to him by the President; and of 2000 Art.9 (c) 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 - (a) he is a citizen of the United Republic by birth in accordance with the citizenship law; (b) he has attained the age of forty; (c) he is a member of, and a candidate nominated by, a political party; and (d) he is qualified to be a Member of Parliament or a Member of the House of Representatives. (e) within the period of five years before the elections he has not been convicted by any court for any offence relating to evasion to pay any tax due to the Government. (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 33 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. Time of assumption of office of the Vice-President Act No.34 of 1994 Art.11 48.-(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. Oath of office of the Vice- President Act No.34 of 1994 Art.11 49. 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. Tenure of office of Vice- President Act No.15 of 1984 Art.9 Act No.34 of 1994 Art.11 Act No.12 of 1995 Art.6 Act No.3 50.-(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 - (a) his tenure of office expires; (b) he dies while in office; (c) he resigns; (d) he is sworn in as President after the office of President falls vacant; (e) he is convicted of any criminal offence disclosing lack of honesty or loyalty; of 2000 Art.10; G.N.No.133 of 2001 (f) when another President is sworn in to hold the office of President together with his Vice-President; (g) he is removed from office following his impeachment by the National Assembly in accordance with the provisions of subarticle (3) of this Article; (h) 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 - (a) the President has submitted a certificate to the Speaker stating that the Vice-President has ceased or failed to discharge the duties and 34 functions of the office of Vice-President; (b) he has committed acts which generally violate the Constitution or the law concerning the ethics of public leaders; (c) he has committed acts which contravene the conditions concerning the registration of political parties specified in Article 20(2) of the Constitution; (d) 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 Prime Minister of the United Republic Act No.20 of 1992 51.-(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. Art.9 (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 - (a) the President-elect takes the oath of office; (b) he dies while in office; (c) he resigns; (d) the President appoints another Member of Parliament to hold the office of the Prime Minister; 35 (e) he ceases to hold the office of Prime Minister in accordance with the other provisions of this Constitution. Functions and authority of the Prime Minister Act No.15 of 1984 Art.9 52.-(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. Accountability of the Executive 53.-(1) Subject to the provisions of this Constitution, the Prime Minister shall be accountable to the President for the exercise of his authority. Act No.15 of 1984 Art.9 (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. Vote of no confidence Act No.20 of 1992 Art.10 53A.-(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. Act No.12 of 1995 Art.7 (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 - (a) 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; (b) six months have not lapsed since he was appointed; (c) 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) 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; (b) 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 36 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. Cabinet and Government 54.-(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. Cabinet Act No.15 of 1984 Art.9 Act No.4 of 1992 Art.15 Act No.34 of 1994 Art.12 (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. 55.-(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. Appointment of Ministers and Deputy Ministers Act No.15 of 1984 Art.9 (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. Oath of office of Ministers 56. A Minister or a Deputy Minister shall not assume office until he has 37 and Deputy Ministers Act No.15 of 1984 Art.9 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. Tenure of office of Ministers and Deputy Ministers 57.-(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: (a) if the incumbent resigns or dies; (b) where the incumbent ceases to be a Member of Parliament for any reason not connected with the dissolution of Parliament; (c) where the President revokes the appointment thereby removing the incumbent from office; (d) where he is elected Speaker; (e) where the Prime Minister resigns or his office becomes vacant for any other reasons; Act No.15 of 1984 Art.9; Act No.20 of 1992 Art.9; Act No.20 of 1992 Art.11 Act No.12 of 1995 (f) immediately before the President elect assumes office; Art.8 (g) where the Ethics Tribunal makes a decision confirming that he has contravened the law concerning ethics of public leaders. Terms of office of Ministers and Deputy Ministers Act No.15 of 1984 Art.9 58. 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. Attorney General for the Government of the United Republic 59.-(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. Act No.15 of 1984 Art.9 Act No.4 of 1992 Art.16 Act No.1 of 2005 Art.11 (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. 38 (5) The Attorney-General shall be a Member of Parliament by virtue of office, and shall hold office until - (a) his appointment is revoked by the President; or (b) 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. Deputy Attorney General Act No.1 of 2005 59A.-(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. Art.12 (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. Director of Public Prosecutions Act No.1 of 2005 59B.-(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. Art.12 (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 - (a) the need to dispensing justice; (b) prevention of misuse of procedures for dispensing justice; (c) 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. Secretary to the Cabinet Act No.15 of 1984 Art.9 60. 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: (a) to work out a programme for Cabinet meetings and prepare the agenda for each meeting; (b) to record minutes and maintain a record of Cabinet meetings; (c) to notify and explain the decisions of the Cabinet to every person or public institution concerned with any such decision; and (d) to discharge any other duties and functions as shall be directed from time to time by the President. 39 Regional Commissioners Act No.15 of 1984 Art.9 61.-(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.
Posted on: Wed, 29 Oct 2014 06:20:19 +0000
Trending Topics
Recently Viewed Topics
© 2015