United Republic of Tanzania 1977 Constitution (reviewed 2005)

Preamble

WHEREAS WE, the people of the United Republic of Tanzania, have firmly and solemnly resolved to build in our country a society founded on the principles of freedom, justice, fraternity and concord:

AND WHEREAS those principles can only be realised in a democratic society in which the Executive is accountable to a Legislature composed of elected members and representative of the people, and also a Judiciary which is independent and dispenses justice without fear or favour, thereby ensuring that all human rights are preserved and protected and that the duties of every person are faithfully discharged:

NOW, THEREFORE, THIS CONSTITUTION IS ENACTED BY THE CONSTITUENT ASSEMBLY OF THE UNITED REPUBLIC OF TANZANIA, on behalf of the People, for the purpose of building such a society and ensuring that Tanzania is governed by a Government that adheres to the principles of democracy and socialism and shall be a secular state.

CHAPTER 1. THE UNITED REPUBLIC, POLITICAL PARTIES, THE PEOPLE AND THE POLICY OF SOCIALISM AND SELF-RELIANCE

PART I. THE UNITED REPUBLIC AND THE PEOPLE

1. Proclamation of the United Republic

Tanzania is one State and is a sovereign United Republic.

2. The territory of the United Republic

1. The territory of the United Republic consists of the whole of the area of Mainland Tanzania and the whole of the area of Tanzania Zanzibar, and includes the territorial waters.
2. For the purpose of the efficient discharge of the functions of the Government of the United Republic or of the Revolutionary Government of Zanzibar, the President may, in accordance with the procedures prescribed by law or provisions of such law as may be enacted by Parliament, divide the United Republic into regions, districts and other areas:Provided that the President shall first consult with the President of Zanzibar before dividing Tanzania Zanzibar into regions, districts or other areas.

3. Declaration of multi party state

1. The United Republic is a democratic, secular and socialist state which adheres to multi-party democracy.
2. All matters pertaining to the registration and administration of political parties in the United Republic shall be governed by the provisions of this Constitution and of a law enacted by Parliament for that purpose.

4. Exercise of state authority of the United Republic

1. All state authority in the United Republic shall be exercised and controlled by two organs vested with executive powers, two organs vested with judicial powers and two organs vested with legislative and supervisory powers over the conduct of public affairs.
2. The organs vested with executive powers shall be the Government of the United Republic and the Revolutionary Government of Zanzibar; the organs vested with judicial powers shall be the Judiciary of the United Republic and the Judiciary of the Revolutionary government of Zanzibar; and the organs vested with legislative and supervisory powers over public affairs shall be the Parliament of the United Republic and the House of Representatives.
3. For the purposes of the efficient conduct of public affairs in the United Republic and for the allocation of powers among the organs specified in this Article, there shall be Union Matters as listed in the First Schedule and there shall also be non-union matters which are all other matters not so listed.
4. Each organ specified in this Article shall be established and shall discharge its functions in accordance with the other provisions of this Constitution.

5. The franchise

1. Every citizen of the United Republic who has attained the age of eighteen years is entitled to vote in any election held in Tanzania. This right shall be exercised in accordance with the provisions of subarticle (2), and of the other provisions of this Constitution and the law for the time being in force in Tanzania in relation to public elections.
2. Parliament may enact a law imposing conditions restricting a citizen from exercising the right to vote by reason of any of the following grounds:
   1. being a citizen of another state;
   2. being mentally infirm;
   3. being convicted of certain specified criminal offences;
   4. omission or failure to prove or to produce evidence as to age, citizenship or registration as a voter.

   Save for these grounds no other grounds shall disqualify a citizen from exercising the right to vote.

3. Parliament shall enact electoral law to provide for the following:
   1. the establishment of a permanent voters register and prescribing the procedure for its amendment or updating information contained in that register;
   2. specification of places and times for the registration of voters and for voting;
   3. procedure and conditions for enabling a person registered as a voter in one place to vote in another;
   4. specification of the duties and functions of the Electoral Commission and the procedure for every election which shall be conducted under the direction and supervision of the Electoral Commission.