United Republic of Tanzania 1977 Constitution (reviewed 2005)

CHAPTER 3. THE LEGISLATURE OF THE UNITED REPUBLIC

PART I. PARLIAMENT

62. Parliament

1. There shall be a Parliament of the United 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 deemed 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.

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. put 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 legislation where implementation requires legislation;
   5. deliberate upon and ratify all treaties and agreements to which the United Republic is party and the provisions of which require ratification.

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 matters 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 concerning all matters pertaining to Tanzania Zanzibar which are not Union Matters, 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.

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 a general election and ending on the date of dissolution of that Parliament for the purpose of enabling the holding of another ordinary general election.