United Republic of Tanzania 1977 Constitution (reviewed 2005)

CHAPTER 6. THE COMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNANCE AND THE PUBLIC LEADERS ETHICS SECRETARIAT

PART I. THE COMMISSION FOR HUMAN RIGHTS AND GOOD GOVERNANCE

129. Commission for Human Rights and Good Governance

1. There shall be a Commission to be known as the Commission for Human Rights and Good Governance functions shall be as prescribed in Article 130 of this Constitution.
2. The Commission for Human Rights and Good Governance shall consist of the following Commissioners –
   1. the Chairman, who shall be a person who possess qualifications for appointment as a Judge;
   2. the Vice Chairman, who shall be appointed on the basis of principle if the Chairman hails from one part of the United Republic, that other person shall hail from the other part of the United Republic;
   3. other Commissioners not exceeding five who shall be appointed from amongst persons who possess skills, experience and wide knowledge in matters relating to human rights, law, administration, political or social affairs;
   4. Assistant Commissioners.
3. All Commissioners and the Assistant Commissioners shall be appointed by the President after consultation with the Nomination Committee.
4. There shall be a Nomination Committee for purposes of this Article which shall consist of the following members –
   1. the Chief Justice of the Court of Appeal;
   2. the Speaker of the National Assembly;
   3. the Chief Justice of Zanzibar;
   4. the Speaker of the House of Representatives; and
   5. the Deputy Attorney General, who shall be Secretary of this Committee.
5. A Chairman, Vice Chairman and all other Commissioners, shall each hold office for a period of three years and may be re-appointed for another only one term of three years.
6. For purposes of protection of Comnissioners from conflict of interests, any person who is appointed as Commissioner of the Commission shall immediately abandon any office held by him in any political party or any other office which shall be mentioned on that behalf by a law enacted by the Parliament.
7. A Commissioner or Assistant Commissioner may only be removed from office for reasons of failure to discharge his duties or due to illness or any other reason, or for reason of his misconduct that affects code of conduct for Commissioner.
8. The Commission may discharge its duties notwithstanding that there is vacant office among the seats of Commissioners or that one of the members is absent.

130. Functions of the Commission and the performance procedures

1. Commission for Human Rights and Good Governance shall discharge the following functions –
   1. to sensitise countrywide about preservation of human rights and duties to the public in accordance with the Constitution and the laws of the land;
   2. to receive complaints in relation to violation of human rights in general;
   3. to conduct inquiry on matters relating to infringement of human rights and violation of principles of good governance;
   4. to conduct research, to impart or disseminate to the public countrywide education in respect of human rights and good governance;
   5. if necessary, to institute proceedings in court in order to prevent violation of human rights or to restore a right that was caused by that infringement of human rights, or violation of principles of good governance;
   6. inquire into the conduct of any person concerned and any institution concerned in relation to the ordinary performance of his duties or functions or abuse of the authority of his office;
   7. to advice the Govemment and other public Institutions and private sector in respect of human rights and good governance;
   8. to take necessary action in order to promote and enhance conciliation and reconciliation among persons and various institutions appearing or being brought before the Commission.
2. The Commission shall be an autonomous department, and without prejudice to other provisions of this Article, in exercising its powers in accordance with this Constitution, the Commission shall not be bound to comply with directive or orders of any person or any department of govemment, or any opinion of any political party or of any public or private sector institution.
3. The provisions of subarticle (2) shall not be construed as restricting the President from giving directive or orders to the Commission, nor are they conferring a right to the Commission of not complying with directions or orders, if the President is satisfied that in respect of any matter or any state of affair, public interest so requires.
4. The Commission shall conduct inquiry in accordance with the provisions of this Article and of any law enacted in that behalf by the Parliament, and shall inquire into the conduct of any person concerned or of any institution concerned whenever the President directs to conduct inquiry; likewise, except as the President directs the Commission not to conduct investigation the Commission may conduct investigation whenever it deems necessary to inquire into the conduct of any person concerned, or any institution concerned with the provisions of this Article who is suspected or which is suspected to have abused the authority of his office, misused the authority of his office or the functions of such institution or for violation of human rights and principles of good governance.
5. The Commission shall not have powers, either pursuant to the Article or any provisions of any law enacted by the Parliament for purposes of this Chapter of this Constitution to inquire into decision of any Judge, Magistrate or of the Court if such decision was made in the course of exercise of the powers of his office; likewise, the Commission shall not have a power to inquire into any decision made by any or Tribunal established in accordance with a law if that decision was made in the discharge of its functions.
6. The provisions of this Article shall apply to persons employed in the service of the Government of the United Republic and those of the Revolutionary Government of Zanzibar, employees and leaders of the political parties who deal with public affairs, members and employees of all Commissions of the Government of the United Republic and the Revolutionary Government of Zanzibar parastatal organizations and other public or private organs, companies, community, associations, trustees or any other schemes, as prescribed by the law enacted by the Parliament; but these provisions shall not apply to the President or Leader of the Revolutionary Government of Zanzibar, except only in accordance with the provisions of Article 46 of this Constitution or Article 36 of the Constitution of Zanzibar, 1984.

131. Powers of the Commission and procedures for its duties

1. Without prejudice to other provisions of this Article, the Parliament may enact a law pursuant to the provisions of this Chapter of this Constitution for purposes of prescribing provisions in respect of authority of the Commission, procedures for conducting its business and legal immunities for Commissioners and employees of the Commission which shall enable them to discharge their duties without legal constraints.
2. The Commission shall not inquire the following matters, for purposes of discharging its functions, that is to say –
   1. any matter which is before a Court or any Tribunal;
   2. any matter concerning relationship or cooperation between the Government and a foreign Government of any country or international organization;
   3. any matter concerning powers of the President to award remission;
   4. any other matter that is mentioned in any law.
3. In any financial year, the Commission shall prepare and submit to the Minister responsible for human rights a report in respect of –
   1. activities of the Commission in the preceding year;
   2. implementation of preservation of human rights in the United Republic,

   and, the Minister shall table before the National Assembly each report submitted to him as soon as practicable after receipt.

4. The provisions of subarticle (3) shall not be construed as restricting the Commission from submitting any other report to any person or any other authority.

PART II. PUBLIC LEADERS’ ETHICS SECRETARIAT

132. Public Leaders’ Ethics Secretariat

1. There is hereby established a Public Leaders’ Ethics Secretariat which shall have power to inquire into the behaviour and conduct of any public leader for the purpose of ensuring that the provisions of the law concerning the ethics of public leaders are duly complied with.
2. For the purposes of this Article, the meaning of “public leader” and “code of ethics for public leaders” shall be construed in accordance with the provisions of the law concerning the ethics of public leaders or the provisions of any other law enacted by Parliament in so far as such provisions relate to the question of leadership and its interpretation.
3. The Public Leaders’ Ethics Secretariat shall consist of the Ethics Commissioner and such other employees whose number shall be as specified by a law enacted by Parliament.
4. Parliament shall enact a law stipulating basic rules of ethics for public leaders which shall be complied with by all persons holding public office which shall be specified by Parliament.
5. Basic rules of ethics for public leaders shall—
   1. spell out public offices the holders of which shall be subject thereto;
   2. require persons holding certain public offices to make a formal declaration from time to time concerning their income, assets and liabilities;
   3. prohibit conduct and behaviour which tend to portray that a leader is dishonest, practices favouritism or lacks integrity, or which tends to promote or encourage corrupt practices in public affairs or jeopardizes public interest or welfare;
   4. prescribe penalties which may be imposed for breaches of the code of ethics;
   5. provide for procedure, powers and practice to be applied in order to ensure compliance with the code of ethics;
   6. prescribe any other provisions as are appropriate or necessary for the purpose of promoting and maintaining honesty, transparency, impartiality and integrity in the conduct of public affairs and for the protection of public funds and any other public property.
6. Parliament may, by law, provide for the dismissal or removal of a person from office for breaches of the code of ethics regardless of whether the office is elective or appointive.