United Republic of Tanzania 1977 Constitution (reviewed 2005) - Page 9 of 20

Table of Contents

PART III. PROCEDURE, POWERS AND PRIVILEGES OF PARLIAMENT

Section 1. Speaker and Deputy Speaker

84. Speaker and his functions

There shall be a Speaker of the National Assembly who shall be elected by the Members of Parliament from among persons who are Members of Parliament or who are qualified to be Members of Parliament; he shall be the Leader of the National Assembly and shall represent the National Assembly in all other institutions and meetings outside the National Assembly.
A Minister, a Deputy Minister or a person holding any other office prescribed by a law enacted by Parliament for the purposes of this Article may not be elected Speaker.
Any person elected Speaker shall be required, before the expiration of fifteen days of his election, to submit to the President a formal declaration that he has not lost the qualifications for election in terms of the provisions of paragraph (d) of subarticle (2) of Article 67. The declaration shall be made in a special form prescribed in accordance with a law enacted by Parliament.
The President shall transmit to the Ethics Commissioner a copy of every formal declaration submitted to him in accordance with the provisions of subarticle (3) of this Article.
The Speaker shall be required to submit to the President two copies of a formal statement regarding his property and that of his spouse. The Speaker shall submit such statement in a special form prescribed for that purpose in accordance with a law enacted by Parliament, and shall submit such statement from time to time as shall be directed by that law.
The provisions of subarticles (2) and (3) of Article 70 shall apply, mutatis mutandis, to any statement regarding property submitted by the Speaker in accordance with the provisions of this Article.
The Speaker shall cease to be Speaker and shall vacate his office upon the occurrence of any of the following events:
1. where that person was elected from among Members of Parliament, he ceases to be a Member of Parliament for any reason other than the dissolution of Parliament; or
2. if anything happens which, had he not been Speaker, would disqualify such person from election, or make him lose the qualifications for being elected Speaker; or
3. when the National Assembly meets for the first time after a General Election held following the dissolution of Parliament, provided that the provisions of this paragraph shall operate subject to the provisions of subarticle (4) of Article 90 of this Constitution; or
4. if that person is removed from the office of Speaker by a resolution of the National Assembly supported by not less than two-thirds of all Members of Parliament; or
5. if that person fails to submit to the President a formal declaration in accordance with the provisions of subarticle (3) of this Article; or
6. if that person is convicted of the offence of perjury contrary to the provisions of the Penal Code concerning any formal declaration submitted in accordance with the provisions of subarticle (3) of this Article; or
7. if that person fails to submit to the President a statement regarding his property in accordance with subarticle (5) of this Article before the expiration of the period stipulated for that purpose in accordance with a law enacted by Parliament; or
8. if it is proved that that person has contravened the provisions of the law concerning the ethics of public leaders.
No business, other than the election of the Speaker, shall be conducted in the National Assembly while the office of Speaker is vacant.
Any person, not being a Member of Parliament, who is elected Speaker shall be required, before commencing to discharge the functions of his office, to take and subscribe the oath of allegiance before the National Assembly.

85. Deputy Speaker

There shall be a Deputy Speaker of the National Assembly who shall be elected by Members from among Members of Parliament.
A Minister, a Deputy Minister or a person holding any other office prescribed by a law enacted by Parliament for the purpose of this Article, may not be elected Deputy Speaker.
Members of Parliament shall elect a Deputy Speaker on the following occasions:
1. when the National Assembly meets for the first time following a general election, or as soon as possible thereafter; and
2. at the first sitting of the National Assembly after the office of Deputy Speaker falls vacant for any reason not connected with the dissolution of Parliament; or as soon as possible after that sitting.
The Deputy Speaker shall cease to be Deputy Speaker and shall vacate the office of Deputy Speaker upon the occurrence of any of the following events:
1. if that person ceases to be a Member of Parliament; or
2. if anything happens which, had he not been Deputy Speaker, would have disqualified him from election or would make him lose the qualifications for being elected Deputy Speaker; or
3. if that person is removed from the office of Deputy Speaker by a resolution of the National Assembly.

86. Procedure for electing Speaker and Deputy Speaker

There shall be held an election of the Speaker at the first sitting of the first meeting of a New Parliament, and at any first sitting of the National Assembly immediately after the occurrence of a vacancy in the office of Speaker.
There shall be held an election of the Deputy Speaker at any time during the first meeting of the New Parliament, which time shall be appointed by the National Assembly, and during the first sitting of the National Assembly immediately after the office of Deputy Speaker falls vacant.
The election of a Speaker as well as that of Deputy Speaker shall be by secret ballot and shall be conducted in accordance with the procedure prescribed by the Standing Orders of the National Assembly.

Section 2. Office of Parliament

87. Clerk of the National Assembly

There shall be a Clerk of the National Assembly who shall be appointed by the President from among persons holding high office in the service of the Union Government.
The Clerk of the National Assembly shall be the Chief Executive in the office of the National Assembly, and shall be responsible for the efficient discharge of the business of Parliament in conformity with the provisions of this Constitution and of the relevant law.

88. The Secretariat of the National Assembly

There shall be a Secretariat of the National Assembly which shall consist of such number of offices within the service of the Government as the President may direct.
The Secretariat of the National Assembly shall consist of officers of such number and grades as may be determined from time to time by the relevant Service Commission after consultation with the Clerk of the National Assembly.
The Secretariat of the National Assembly, under the leadership of the Clerk of the National Assembly, shall discharge all duties and functions prescribed or as may be necessary for the purpose of ensuring the efficient discharge by the National Assembly and Members of Parliament of the functions of Parliament under this Constitution.

Section 3. Procedure in the National Assembly

89. Standing Orders of the National

Subject to the provisions of this Constitution, the National Assembly may make Assembly Standing Orders for the purpose of prescribing procedure for the conduct of its business.
Standing Orders made pursuant to this Article may prescribe procedure for the supervision of the discharge of the functions of the Secretariat of the National Assembly and also of the discharge of the business of the National Assembly in the National Assembly and those of its committees and sub-committees.

90. Summoning and dissolution of Parliament

After a general election, the President shall summon a New Parliament to meet before the expiration of seven days following the declaration of the results of the general election in all constituencies save in those constituencies where the elections are countermanded and commenced afresh.
The President shall not have power to dissolve Parliament at any time save only—
1. if the life of Parliament has expired in terms of Article 65 of the Constitution or at any time within the last twelve months of the life of Parliament, save only if the Speaker receives a formal notice under Article 46A of this Constitution proposing the formation of a Special Committee of Inquiry with a view to impeaching the President;
2. if the National Assembly refuses to approve a budget proposed by the Government;
3. if Parliament fails to pass a Bill in terms of the provisions of Article 97(4);
4. if the National Assembly declines to pass a motion which is of fundamental importance to Government policies and the President considers that the way out is not to appoint another Prime Minister but to call for a general election; or
5. if having regard to the proportional representation of political parties in the National Assembly the President considers that it is no longer legitimate for the Government in power to continue in office, and it is not feasible to form a new Government.
Upon the expiration of the life of Parliament, Parliament shall stand dissolved: Save that if the life of Parliament expires at any time when the United Republic is at war, the National Assembly may, from time to time, extend the period mentioned in Article 65 of this Constitution for a period not exceeding twelve months each time; provided that the life of Parliament shall not be extended under the provisions of this subarticle for a period of more than five years.
If an emergency arises or exists which, in the opinion of the President, necessitates the summoning of a Parliament at a time when Parliament stands dissolved, and the majority of results in the general election following the dissolution have not been declared, the President may, by Proclamation, summon Parliament and direct that the Speaker and all the persons who were the Members of Parliament immediately before the dissolution of Parliament attend such meeting of Parliament and such persons together with the Speaker shall be deemed to be the Members of the National Assembly for the purposes of that meeting and shall be so deemed until midnight of the day the majority of the results of the general election are declared.

91. President may address Parliament

The President shall address the New Parliament at its first meeting and inaugurate it.
Subject to the provisions of subarticle (1), the President may, at any time, address the National Assembly or send to the House a communication which shall be read by a Minister.

92. Meetings of the National Assembly

The National Assembly shall hold its meetings at the place where it is customary to hold such meetings or at any other place in the United Republic as the President may designate in that behalf.
The first meeting of the National Assembly in the life of Parliament shall commence on the day for which National Assembly is summoned to meet, and every subsequent meeting shall commence on such date as may be specified by the National Assembly or on any day that shall be appointed in accordance with the Standing Orders of the National Assembly.
The President may at any time summon a meeting of the National Assembly.

93. Presiding at sittings of the National Assembly

Every sitting of the National Assembly shall be presided over by any one of the following persons, that is to say—

the Speaker; or
if the Speaker is absent, the Deputy Speaker; or
if both the Speaker and the Deputy Speaker are absent, any Member of Parliament who has been elected for that purpose, but a Minister or a Deputy Minister or a person holding any other type of office specified by any law enacted by Parliament for the purpose of this Article may not be elected under the provisions of this paragraph.

94. Quorum at of the sittings National Assembly

The quorum at every sitting of the National Assembly shall be half of all the Members of Parliament.
Except where it is provided otherwise in this Constitution, every question proposed for decision in the National Assembly shall be determined by a majority of the votes of the Members of Parliament present and voting.
The Speaker, Deputy Speaker or any other person presiding over the sitting of the National Assembly shall not have a deliberative vote but shall have a casting vote in the event of an equality of votes.
The Standing Orders of the National Assembly may provide that any Member of Parliament who votes on any matter in which he has a personal interest shall be deemed not to have voted.

95. Vacant seats in the National Assembly

The National Assembly may conduct business during its sittings notwithstanding any vacant seat in the National Assembly (whether the seat became vacant since or after the first meeting following the General Election) and if in such business any person who is not entitled takes part or if during that business any person who is not entitled is present, then the participation or presence of that person shall not invalidate the business.

96. Standing Committees of the National Assembly

The National Assembly may establish various Standing Committees as it may deem appropriate for the better discharge of its functions.
The Standing Orders of the National Assembly may provide for the composition and functions of the Standing Committees established pursuant to the provisions of this Article.

Section 4. Legislative Procedure

97. How to legislate

Subject to the provisions contained in this Constitution, the National Assembly shall exercise its legislative power through the process of debating and passing Bills which eventually shall have to be assented to by the President, and a Bill shall not become law unless it is so passed by the National Assembly and assented to by the President in accordance with the provisions of this Article.
After a Bill is presented to the President for his assent, the President may either assent to the Bill or withhold his assent, and in the event the President withholds his assent to a Bill, he shall return it to the National Assembly together with a statement of his reasons for withholding his assent to the Bill.
After a Bill is returned to the National Assembly pursuant to the provisions of this Article, it shall not be presented again to the President for his assent before the expiration of six months since it was so returned, except if at the last stage in the National Assembly before it is again presented to the President it is supported by the votes of not less than two-thirds of all the Members of Parliament.
If a Bill is returned to the National Assembly by the President, and it is then supported in the National Assembly by not less than two-thirds of all Members of Parliament as provided in subarticle (3) and it is presented a second time to the President for assent within six months of its being so returned, then the President shall be obliged to assent to the Bill within twenty-one days of its being presented to him, otherwise he shall have to dissolve Parliament.
The provisions contained in this Article or in Article 64 of this Constitution shall not prevent Parliament from enacting laws making provisions conferring on any person or department of Government the power to make regulations having the force of law or conferring the force of law on any regulations made by any person, or any department of Government.

98. Procedure for altering Constitution and certain laws

Parliament may enact legislation for altering any provision of this Constitution in accordance with the following principles:
1. A Bill for an Act to alter any provisions of this Constitution (other than those relating to paragraph (b) of this subarticle) or any provisions of any law specified in List One of the Second Schedule to this Constitution shall be supported by the votes of not less than two-thirds of all the Members of Parliament;
2. A Bill for an Act to alter any provisions of this Constitution or any provisions of any law relating to any of the matters specified in List Two of the Second Schedule to this Constitution shall be passed only if it is supported by the votes of not less than two-thirds of all Members of Parliament from Mainland Tanzania and not less than two-thirds of all Members of Parliament from Tanzania Zanzibar.
For the purposes of construing the provisions of subarticle (1), alteration of provisions of this Constitution or the provisions of a law shall be understood to include modification, or correction of those provisions or repeal and replacement of those provisions or the reenactment or modification of the application of the provisions.

99. Procedure for legislation in financial matters

The National Assembly shall not deal with any of the matters to which this Article relates except if the President has proposed that the matter be dealt with by the National Assembly and the proposal has been submitted to the National Assembly by a Minister.
The matters to which this Article relate are the following:
1. a Bill to enact a law providing for any of the following—
  1. to levy a tax or to alter taxation otherwise than by reduction;
  2. the imposition of any charge upon the Consolidated Fund or any other public fund or the alteration of any such charge otherwise than by reduction;
  3. the payment, issue or withdrawal from the Consolidated Fund or any other public fund of any moneys not charged thereon, or any increase in the amount of such payment, issue or withdrawal;
  4. the composition or remission of any debt due or payable to the United Republic;
2. a motion or any amendment of a motion for the purposes of any of the matters referred to in paragraph (a) of this subarticle.
The provisions of this Article shall not apply to a Bill or any amendment to a Bill introduced by or a motion or an amendment to a motion moved by a Minister or a Deputy Minister.

Section 5. Powers and Privileges of Parliament

100. Freedom and immunity from proceedings

There shall be freedom of opinion, debate and in the National Assembly, and that freedom shall not be breached or questioned by any organ in the United Republic or in any court or elsewhere outside the National Assembly.
Subject to this Constitution or to the provisions of any other relevant law, a Member of Parliament shall not be prosecuted and no civil proceedings may be instituted against him in a court in relation to any thing which he has said or done in the National Assembly or has submitted to the National Assembly by way of a petition, bill, motion or otherwise.

101. Preservation and enforcement of freedom of debate and procedure

Parliament may enact a law making provisions to enable the court and the law to preserve and enforce freedom of opinion, debate and procedure of business in the National Assembly which in terms of Article 100 is guaranteed by this Constitution.