Tanzania (United Republic of) 1977 (rev. 1995)

1. Proclamation of the 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. Subsidiary unit government
   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. Type of government envisioned
   The United Republic is a democratic 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 Tanzania Zanzibar; the organs vested with judicial powers shall be the Judiciary of the United Republic and the Judiciary of Tanzania 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 of Zanzibar.
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. Claim of universal suffrage
   Every citizen of the United Republic who has attained the age of eighteen years is entitled to vote in any public 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. Restrictions on voting
   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. procedure for the registration of voters for the election of President of the United Republic and of members of the National Assembly;
   2. Scheduling of elections
      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. Electoral commission
      specification of the duties and functions of the Electoral Commission and the procedure for every public election which shall be conducted under the direction and supervision of the Electoral Commission.

6. Interpretation

7. Application of provisions of Part II

1. Notwithstanding the of provisions of subarticle (2), it shall be the duty and responsibility of the Government, all its organs and all persons or authorities exercising executive, legislative or judicial functions to take cognizance of, observe and apply the provisions of this Part of this Chapter.
2. The provisions of this Part of this Chapter are not enforceable by any court. No court shall be competent to determine the question whether or not any action or omission by any person or any court, or any law or judgment complies with the provisions of this Part of this Chapter.

8. The Government and the People

1. The United Republic of Tanzania is a state which adheres to the principles of democracy and social justice and accordingly—
   1. sovereignty resides in the people and it is from the people that the Government through this Constitution shall derive all its power and authority;
   2. the primary objective of the Government shall be the welfare of the people;
   3. the Government shall be accountable to the people; and
   4. the people shall participate in the affairs of their Government in accordance with the provisions of this Constitution.
2. The structure of the Government of the United Republic and the Revolutionary Government of Zanzibar or any of their organs, and the discharge of their functions shall be so effected as to take into account the unity of the United Republic and the need to promote national unity and preserve national dignity.

9. The pursuit of Ujamaa and Self-Reliance

11. Right to work, to educational and other pursuits

1. Right to work, State support for the elderly, State support for the disabled
   The state authority shall make appropriate provisions for the realisation of a person’s right to work, to self education and social welfare at times of old age, sickness or disability and in other cases of incapacity. Without prejudice to those rights, the state authority shall make provisions to ensure that every person earns his livelihood.
2. Access to higher education
   Every person has the right to self education, and every citizen shall be free to pursue education in a field of his choice up to the highest level according to his merits and ability.
3. The Government shall endeavour to ensure that there are equal and adequate opportunities to all persons to enable them to acquire education and vocational training at all levels of schools and other institutions of learning.

Section 1. The Right to Equality

Section 2. The Right to Life

Section 3. The Freedom of Expression

Section 4. The Right to Work

Section 5. Duties to the Society

Section 6. General Provisions

Section 7. Extraordinary Powers of the State Authority

33. President of the United Republic

1. There shall be a President of the United Republic.
2. Designation of commander in chief
   The President shall be the Head of State, the Head of Government and the Commander-in-Chief of the Armed Forces.

34. The Government of the United Republic authority

1. Establishment of cabinet/ministers
   There shall be a Government of the United Republic which shall have authority over all Union Matters in the United Republic and over all other matters concerning Mainland Tanzania.
2. Powers of cabinet
   The authority of the Government of the United Republic shall concern the application and upholding of this Constitution and also all other matters over which Parliament has power to legislate.
3. All the authority of the Government of the United Republic over all Union Matters in the United Republic and also over all other matters concerning Mainland Tanzania shall vest in the President of the United Republic.
4. Subject to the other provisions of this Constitution, the authority of the Government of the United Republic shall be exercised by either the President himself directly or by delegation of such authority to other persons holding office in the service of the United Republic.
5. It is hereby declared that the provisions of this Article shall not be construed as—
   1. transferring to the President any legal functions conferred by law on any person or authority other than the President; or
   2. preventing Parliament from conferring any legal authority upon any person or persons or authority other than the President.

35. Discharge of the business of the Government

1. All Executive functions of the Government of the United Republic shall be discharged by officers of the Government on behalf of the President.
2. Orders and other directives issued for the purposes of this Article shall be signified in such manner as may be specified in regulations issued by the President in conformity with the provisions of this Constitution.

36. Authority to constitute offices and to appoint officers

1. Subject to the other provisions of this Constitution and of any other law, the President shall have power to constitute and to abolish any office in the service of the Government of the United Republic.
2. Subject to the other provisions contained in this Constitution and of any relevant law, the authority to appoint persons to offices in the service of the Government of the United Republic, and also the authority to promote, to remove, to dismiss, and to discipline such persons, shall be exercised by the President, the Service Commissions and any other authorities specified and empowered in respect of any office and vested with powers in relation to any office or category of offices in accordance with this Constitution or in accordance with any relevant law.

37. Discharge of duties and in functions of President

1. Apart from complying with the provisions contained this Constitution, and the laws of the United Republic in the performance of his duties and functions, the President shall be free and shall not be obliged to take the advice given to him by any person, save where he is required by this Constitution or any other law to act in accordance with the advice given to him by any person or authority.
2. Head of government removal, Head of state removal
   Where the Cabinet finds that the President is unable to discharge the functions of his office by reason of physical or mental infirmity, it may submit to the Chief Justice a resolution requesting him to certify that the President by reason of physical or mental infirmity, is unable to discharge the functions of his office. Upon receiving such a resolution, the Chief Justice shall appoint a medical board of not less than three persons from amongst experts recognized as such by the law governing medical practitioners in Tanzania and such board shall inquire into that issue and advise the Chief Justice accordingly, and he may, after considering the medical evidence, present to the Speaker a certificate certifying that the President, due to physical or mental infirmity, is unable to discharge the functions of his office; and if the Chief Justice does not rescind that certificate within seven days for the reason that the President’s condition/has improved and he has resumed work, then it shall be deemed that the office of the President is vacant, and the provisions contained in subarticle (3) shall apply.
3. Where the office of the President is vacant by reason of the operation of the provisions contained in subarticle (2), or where the office of the President is vacant for any other reason, or in the event that the President shall be absent from the United Republic, the duties and functions of the President shall be discharged by one of the following, in the order specified, that is to say—
   1. Deputy executive
      the Vice-President or, if his office is vacant or if he also is absent or is ill; then
   2. the Speaker of the National Assembly, or if his office is vacant or if he also is absent or is ill; then
   3. the Chief Justice of the Court of Appeal of the United Republic.
4. Where any of the persons specified in paragraphs (b) and (c) of subarticle (3) discharges the duties and functions of the office of President by reason that the person preceding him is absent, then such person shall cease to discharge those duties and functions immediately upon that other person preceding him returns and assumes the discharge of the duties and functions of the office of President.
5. Head of government replacement, Head of state replacement
   Where the office of President becomes vacant by reason of the death of the President, his resignation, loss of the electoral qualifications or inability to perform his functions due to physical infirmity, or failure to discharge the duties and functions of the office of President, then the Vice-President shall be sworn in and become the President for the unexpired period of the term of five years and in accordance with the conditions set out in Article 40, then after consultation with the political party to which he belongs, the President shall propose the name of the person who shall be Vice-President and such appointment shall be confirmed by the National Assembly by votes of not less than fifty percentum of all Members of Parliament.
6. It is hereby declared that the office of President shall not be deemed to be vacant and the President shall not be deemed to be absent from the United Republic if—
   1. he is absent from the town which is the seat of Government of the United Republic;
   2. he is absent from the United Republic for a period of twenty four hours; or
   3. he is ill but hopes to be better after a short period.
7. Where any of the situations specified in subarticle (6) occurs, and the President deems it appropriate to delegate his powers for the duration of any such situation, then he may give directions in writing for the appointment of any of the persons mentioned in paragraph (a) or (b) of subarticle (3) of this Article for the purposes of discharging the functions of the office of President when he is absent or ill, and the person so appointed shall discharge those functions of the office of President in accordance with the terms specified by the President; the terms specified in this Article shall be understood not to derogate from or prejudice the power of the President under any other law to delegate his functions to any other person.
8. The President may, if in his opinion it is desirable to do so, direct in writing, any Minister to discharge such functions of the office of President as the President may specify, in those directions and the Minister so directed shall by virtue of the provisions of this subarticle have power to discharge those functions of President subject to any limitations or restrictions which the President may specify, notwithstanding the provisions of any other law:

   Provided that—

   1. the President shall not have authority to delegate to a Minister in accordance with the provisions of this subarticle any function of the office of President conferred on him by any law arising from the terms of any treaty to which the United Republic is a party if by law the President is not authorised to delegate such function to any other person;
   2. it is hereby declared that directions given by the President under the provisions of this subarticle directing any Minister to discharge any function of the office of President shall not be deemed to prevent the President from discharging such function himself.
9. For the purposes of clarity of the provisions of this Article—
   1. a Cabinet meeting held for the purpose of submitting to the Chief Justice a resolution concerning the state of health of the President shall be deemed to be valid notwithstanding that any member of the Cabinet is absent or that his position is vacant and it shall be deemed that the Cabinet has passed that resolution provided that it is supported by the majority vote of members attending and voting;
   2. the President shall not be deemed as being absent from the United Republic by reason only of the fact that he is in passage from one part of Tanzania to another through a foreign country, or for the reason that he has given directions in accordance with the provisions of subarticle (7) and those directions have not been rescinded.
10. Notwithstanding the preceding provisions set out in this Article, a person discharging the functions of the office of President under this Article shall not have power to dissolve Parliament, to remove any of the Ministers from office or to revoke any appointment made by the President.
11. If any person discharging the functions of the office of President in accordance with the provisions of this Article is a Member of Parliament, he shall not forfeit his seat in the National Assembly or be disqualified for election as Member of Parliament by reason only of his discharging the functions of President by virtue of the provisions of this Article.

38. Election of President

1. Head of state selection, Head of government selection
   The President shall be elected by the people in accordance with the provisions of this Constitution and in accordance with the law enacted by Parliament pursuant to the provisions of this Constitution, making provisions concerning the election of the President.
2. Head of government replacement, Head of state replacement
   Subject to the other provisions of this Constitution, the office of President shall be vacant, and the election of the President shall be held or that vacancy shall be filled otherwise in accordance with this Constitution as the case may be upon the occurrence of any of the following events—
   1. the dissolution of Parliament;
   2. the resignation of the President without first dissolving Parliament;
   3. the disqualification of the President from holding elective office;
   4. the impeachment of the President by the National Assembly in accordance with this Constitution and his removal from office;
   5. certification pursuant to the provisions of Article 37 of this Constitution that the President is unable to discharge his duties and functions; or
   6. the death of the President.
3. The office of President shall not be deemed to be vacant by reason only that the National Assembly has passed a motion of no confidence in the Prime Minister.

39. Qualifications for election as President

1. Eligibility for head of state, Eligibility for head of government
   A person shall not be entitled to be elected to hold the office of President of the United Republic save only if—
   1. he is a citizen of the United Republic by birth in terms of the citizenship law;
   2. Minimum age of head of government, Minimum age of head of state
      he has attained the age of forty years;
   3. he is a member of, and a candidate nominated by, a political party;
   4. he is qualified to be a Member of Parliament or a Member of the House of Representatives.
2. Eligibility for head of state, Eligibility for head of government
   Without prejudice to any person’s right and freedom of expression to hold his own views, to profess a religious faith of his choice, to associate with others and to participate with others in community work in accordance with the laws of the land, no person shall be qualified to be elected to hold the office of President of the United Republic unless he is a member of, and a candidate proposed by, a political party.

40. Eligibility for re-election

1. Subject to the other provisions of this Article, any person who holds office as President shall be eligible for re-election to that office.
2. Head of state term limits, Head of government term limits
   No person shall be elected more than twice to hold the office of President.
3. A person who has been President of Zanzibar shall not be disqualified from being elected President of the United Republic for the reason only that he has once held office as President of Zanzibar.
4. Head of government term limits, Head of state term limits
   Where the Vice-President holds the office of President in accordance with the provisions of Article 37(5) for less than three years, he shall be eligible to contest for the office of President for two terms, but where he occupies the office of President for three years or more, he shall be eligible to contest for the office of President for one term only.

41. Procedure for the election of President

1. Deputy executive, Head of government selection, Electoral commission, Dismissal of the legislature, Head of state selection
   Where Parliament has been dissolved or where any of the events specified in subarticle (2) of Article 38 have occurred and it becomes necessary to hold an election of the President, every political party wishing to participate in the election of President shall submit to the Electoral Commission, in accordance with the law, the name of one of its members whom it proposes as a candidate to contest the election for the President of the United Republic and the name of another member of the party whom it proposes for the office of Vice-President.
2. Electoral commission, Head of government selection, Head of state selection
   The names of the candidates proposed for the Presidential election shall be submitted to the Electoral Commission on a date and time appointed in accordance with a law enacted by Parliament, and a person shall not be validly nominated save only if his nomination is supported by such number of voters and in such manner as shall be prescribed by an Act of Parliament.
3. Electoral commission, Head of government selection, Head of state selection
   If on the date and time appointed for the purpose of submission of the names of the candidates proposed only one candidate is validly nominated, the Electoral Commission shall present such candidate’s name to the people, who shall vote either for or against him in accordance with the provisions of this Article and an Act enacted by Parliament.
4. Scheduling of elections
   The election of the President of the United Republic shall be held on a date to be appointed by the Electoral Commission in accordance with an Act of Parliament.
5. All other matters concerning the procedures for the election of the President, shall be as provided for in a law enacted by Parliament in that behalf.
6. Head of state selection, Head of government selection
   Any candidate contesting for the office of President shall be declared duly elected President only if he has obtained more than half of all the valid votes cast or, where a second ballot is held for the reason that no candidate obtained more than half of all the valid votes, if he obtains either more than half of all valid votes cast or more votes than any of the other candidates.
7. Electoral commission
   When a candidate is declared by the Electoral Commission to have been duly elected in accordance with this Article, then no court of law shall have any power to inquire into the election of that candidate.

42. Time of assumption and term of office of President

1. The President-elect shall assume office of President as soon as possible after it is declared that he has been elected President, but in any event he shall assume office before the expiration of not more than seven days.
2. Head of government term length, Head of state term length
   Unless he sooner resigns or dies, the person elected as President, subject to the provisions contained in subarticle (3), shall hold the office of President for a period of five years from the date on which he was elected President.
3. A person elected President shall hold the office of President until—
   1. the day his successor in office takes the oath of office; or
   2. the day he dies while in office; or
   3. the day he resigns from office; or
   4. he ceases to hold the office of President in accordance with the provisions of this Constitution.
4. If the United Republic is at war and the President considers that it is not practicable to hold elections, the National Assembly may from time to time, pass a resolution extending the period of five years specified in subarticle (2) of this Article save that no such extension shall exceed a period of six months at any one time.
5. Oaths to abide by constitution
   Every President-elect and every person acting in the office of President shall, before assuming the functions of the office of President, take and subscribe, in the presence of the Chief Justice of the United Republic, the oath of allegiance and such other oath for the execution of the functions of the office of President as may be prescribed by an Act of Parliament.

43. Terms of office of President

1. The President shall be paid such salary and other remuneration, and on retirement he shall receive such pension, gratuity or allowances, as may be determined by the National Assembly, and the salary, other remuneration, pension, and that gratuity shall all be charged on the Consolidated Fund of the United Republic and shall be paid in accordance with the provisions of this Article.
2. The salary and all other payments due to the President shall not be reduced while he is in office in accordance with the provisions of this Constitution.

44. Power to declare war

1. Subject to this Constitution or to any Act of Parliament providing in that behalf, the President may declare the existence of a state of war between the United Republic and any other country.
2. After making the declaration, the President shall transmit a copy of such declaration to the Speaker of the National Assembly who, after consultation with the Leader of Government Business in the National Assembly, shall within fourteen days from the date of the declaration, convene a meeting of the National Assembly to deliberate on the prevailing situation and to consider whether or not to pass a resolution in support of the declaration of war made by the President.

45. Prerogative of mercy

1. Subject to the other provisions contained in this Article, the President may do any of the following:
   1. grant a pardon to any person convicted by a court of law of any offence, and he may grant such pardon unconditionally or on conditions, subject to law;
   2. grant any person a respite, either indefinitely or for a specified period, of the execution of any punishment imposed on that person for any offence;
   3. substitute a less severe form of punishment for any punishment imposed on any person for any offence; and
   4. remit the whole or part of any punishment imposed on any person for any offence, or remit the whole or part of any penalty of fine or forfeiture of property belonging to a convicted person which would otherwise be due to the Government of the United Republic on account of any offence.
2. Parliament may enact legislation making provision for the procedure to be followed by the President in the exercise of his powers under this Article.
3. The provisions of this Article shall apply to persons convicted and punished in Tanzania Zanzibar and to punishments imposed in Tanzania Zanzibar under legislation enacted by Parliament which applies to Tanzania Zanzibar, likewise such provisions shall apply to persons convicted and punished in Mainland Tanzania in accordance with law.

46. Immunity from criminal and civil proceedings

1. During the President’s tenure of office in accordance with this Constitution it shall be prohibited to institute or continue in court any criminal proceedings whatsoever against him.
2. During the President’s tenure of office in accordance with this Constitution, no civil proceedings against him shall be instituted in court in respect of anything done or not done, or purporting to have been done or not done, by him in his personal capacity as an ordinary citizen whether before or after he assumed the office of President, unless at least thirty days before the proceedings are instituted in court, notice of claim in writing has been delivered to him or sent to him pursuant to the procedure prescribed by an Act of Parliament, stating the nature of such proceedings, the cause of action, the name, residential address of the claimant and the relief which he claims.
3. Except where he ceases to hold the office of President pursuant to the provisions of Article 46A(10) it shall be prohibited to institute in court criminal or civil proceedings whatsoever against a person who was holding the office of President after he ceases to hold such office for anything he did in his capacity as President while he held the office of President in accordance with this Constitution.

46A. Impeachment by the National Assembly

1. Notwithstanding the provisions of Article 46 of this Constitution the National Assembly may pass a resolution to remove the President from office if a motion to impeach the President is moved and passed in accordance with the provisions of this Article.
2. Subject to the other provisions of this Article, no motion to impeach the President shall be moved save only if it is alleged that the President—
   1. has committed acts which generally violate the Constitution or the law concerning the ethics of public leaders;
   2. has committed acts which contravene the conditions concerning the registration of political parties specified in Article 20(2) of this Constitution; or
   3. has conducted himself in a manner which lowers the esteem of the office of President of the United Republic, and no such motion shall be moved within twenty months from the time when a similar motion was previously moved and rejected by the National Assembly.
3. The National Assembly shall not pass a motion to impeach the President save only if—
   1. a written notice signed and supported by not less the twenty per cent of all the member of Parliament is submitted to the Speaker thirty days prior to the sitting at which such motion is intended to be moved in the National Assembly, specifying the wrong committed by the president and proposing that a Special Committee of Inquiry be constituted to inquire into the charges brought against the President.
   2. at any time after the Speaker receives the notice duly signed by the Member of Parliament and satisfies himself that the provisions of the Constitution for the moving of the motion have been complied with, to vote on the motion to constitute a Special Committee of Inquiry, and if it is supported by not less than two thirds of all the Member of Parliament, the Speaker shall announce the names of the member of the Special Committee of Inquiry
4. The Special Committee of Inquiry for the purpose of this Article shall consist of the following members, that is to say—
   1. the Chief Justice of the United Republic who shall be the Chairman of the Committee;
   2. the Chief Justice of Tanzania Zanzibar; and
   3. seven members appointed by the Speaker in accordance with the Standing Orders of the National Assembly and taking into account the proportional representation amongst the political parties represented in the National Assembly.
5. In the event that the National Assembly passes the motion to constitute a Special Committee of Inquiry, the President shall be deemed to be out of office, and the duties and functions of the office of President shall be discharged in accordance with the provisions of Article 37(3) of this Constitution until the Speaker shall inform the President about the resolution of the National Assembly in connection with the charges brought against him.
6. Within seven days after the Special Committee of Inquiry is constituted, it shall sit, inquire into and analyse the charges preferred against the President, including affording the President the opportunity to be heard in his defence in accordance with the procedure prescribed by the Standing Orders of the National Assembly.
7. As soon as possible and in any event within a period of not more than ninety days, the Special Committee of Inquiry shall submit its report to the Speaker.
8. After the Speaker receives the report of the Special Committee of Inquiry, the report shall be tabled before the National Assembly in accordance with the procedure prescribed by the Standing Orders of the National Assembly.
9. After the report of the Special Committee of Inquiry is submitted pursuant to subarticle (8) the National Assembly shall discuss the report and shall afford the President the opportunity to be heard, and then by the votes of not less than two thirds majority of all the Members of Parliament, the National Assembly shall pass a resolution either that the charges against the President have been proved and that he is unworthy of continuing to hold the office of President, or that the charges have not been proved.
10. In the event the National Assembly passes a resolution that the charges against the President have been proved and that he is unworthy of continuing to hold the office of President, the Speaker shall inform the President and the Chairman of the Electoral Commission about such resolution of the National Assembly, whereupon the President shall be obliged to resign before the expiry of three days from the day the National Assembly passed the resolution.
11. In the event the President ceases to hold the office of President by reason of the charges against him being proved he shall not be entitled to receive any payment by way of pension or to receive any benefits or other privileges which he has under the Constitution or any other law enacted by Parliament.

46B. Duty of principal leaders of organs with executive power to preserve Union

1. Without prejudice to the duty of every citizen which is mentioned in Article 28 this Constitution, the principal executive leaders of the organs vested with executive powers in the United Republic mentioned in Article 4 of this Constitution Act No. 12 shall be duty bound, each of them in the exercise of the powers conferred on him by this Constitution or the Constitution of Zanzibar 1984, to ensure that he protects, strengthens and preserves the integrity of the United Republic.
2. Oaths to abide by constitution
   For the purposes of the provisions of subarticle (1), each of the principal leaders of the organs vested with executive powers of the United Republic shall, before assuming office in accordance with this Constitution, take oath to defend and preserve the integrity of the United Republic in accordance with this Constitution.
3. Oaths to abide by constitution
   The principal leaders to whom the provisions of this Article apply are:
   1. the President of the United Republic;
   2. the Vice-President of the United Republic;
   3. the President of Zanzibar; and
   4. the Prime Minister of the United Republic.

47. Vice-President his duties and powers

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—
   1. assist the President in making a follow-up on the day-to-day implementation of Union Matters;
   2. perform all duties assigned to him by the President; and
   3. 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 United 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—
   1. he is a citizen of the United by birth Republic in accordance with the citizenship law;
   2. he has attained the age of forty;
   3. he is a member of, and a candidate nominated by, a political party; and
   4. he is qualified to be a Member of Parliament or a Member of the House of Representatives.
5. Any party shall not be prevented 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 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.

48. Time of assumption of office of the Vice-President

1. The Vice-President shall assume the office of Vice-President on the same day the President assumes office.
2. Oaths to abide by constitution
   The Vice-President appointed in accordance with Article 50 (4) shall take oath and assume his office after his appointment is confirmed by the National Assembly.

49. Oath of office of the Vice-President

50. Tenure of office of Vice-President

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—
   1. his tenure of office expires;
   2. he dies while in office;
   3. he resigns;
   4. he is sworn in as President after the office of President falls vacant;
   5. he is convicted of any criminal offence disclosing lack of honesty or loyalty;
   6. when another President is sworn in to hold the office of President together with his Vice-President;
   7. he is removed from office following his impeachment by the National Assembly in accordance with the provisions of subarticle (3) of this Article;
   8. 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—
   1. the President has submitted a certificate to the Speaker stating that the Vice-President has ceased or failed to discharge the duties and functions of the office of Vice-President;
   2. he has committed acts which generally violate the Constitution or the law concerning the ethics of public leaders;
   3. he has committed acts which contravene the conditions concerning the registration of political parties specified in Article 20(2) of the Constitution; or
   4. 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 provisions contained in Article 50 (3), then as soon as possible and in any event 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 President, Vice-President, Prime Minister or President of Zanzibar.

Section 1. Prime Minister

Section 2. Cabinet and Government

62. Parliament

1. Structure of legislative chamber(s)
   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. Legislative oversight of the executive
      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. Initiation of general legislation
      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. Initiation of general legislation
      enact legislation where implementation requires legislation;
   5. Treaty ratification
      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. First chamber reserved policy areas
   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. First chamber reserved policy areas
   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. Subsidiary unit government
   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. Term length for first chamber
   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.

Section 1. Members of the National Assembly

Section 2. Electoral Commission

Section 3. Constituencies

Section 4. Election and Appointment of Members of Parliament

1. [Repealed by Act No. 4 of 1992 Section 27].

81. Procedure for proposing women candidates

Subject to the other provisions of this Constitution, the Electoral Commission may make provisions specifying the procedure to be followed by the political parties for the purposes of electing and proposing the names of the kind of Members of Parliament provided for under Article 66(1) (b).

2. [Repealed by Act No. 4 of 1992 section 29].

Section 1. Speaker and Deputy Speaker

Section 2. Office of Parliament

Section 3. Procedure in the National Assembly

Section 4. Legislative Procedure

Section 5. Powers and Privileges of Parliament

102. The Revolutionary Government of Zanzibar and its jurisdiction

1. There shall be an Executive for Zanzibar which shall Government be known as “the Revolutionary Government of Zanzibar” which shall have authority in Zanzibar over all matters which are not Union Matters in accordance with the provisions of this Constitution.
2. Subject to the provisions contained in this and the following Articles in this Chapter of this Constitution the Revolutionary Government of Zanzibar shall be constituted and shall exercise its authority in accordance with the provisions of this Constitution and the Constitution of Zanzibar, 1984.

103. Head of the Revolutionary Government of Zanzibar and his authority

1. There shall be a Head of the Executive for Zanzibar who shall be the President of Zanzibar and Head of the Revolutionary Government of Zanzibar and also the Chairman of the, Zanzibar Revolutionary Council.
2. Oaths to abide by constitution
   The Head of the Revolutionary Government of Zanzibar shall, before assuming office, subscribe the oath before the Chief Justice of Zanzibar to protect and defend the Constitution of the United Republic and any other oath in accordance with the Constitution of Zanzibar in connection with the execution of his duties, and then shall assume office and discharge those functions in accordance with the provisions of this Constitution and the Constitution of Zanzibar, 1984.
3. In addition to his other powers, the Head of the Revolutionary Government of Zanzibar shall have the power to appoint and assign responsibilities to Ministers and Deputy Ministers of the Revolutionary Government of Zanzibar.

104. Election of the Head of the Revolutionary Government of Zanzibar

1. The Head of the Revolutionary Government of Zanzibar shall be elected by the people in Tanzania Zanzibar in accordance with the provisions of the Constitution of Zanzibar, 1984, and in accordance with the procedure prescribed by legislation enacted by the House of Representatives of Zanzibar which relates to the election in general or to the election of the Head of the Revolutionary Government of Zanzibar.
2. Subject to the other provisions of this Constitution, the office of the Head of the Revolutionary Government of Zanzibar shall be vacant, and the election of the Head of the Revolutionary Government of Zanzibar shall be held to fill the vacancy upon the occurrence of any of the following events:
   1. the dissolution of the House of Representatives;
   2. the resignation of the Head of the Revolutionary Government of Zanzibar without first dissolving the House of Representatives;
   3. the disqualification of the Head of the Revolutionary Government of Zanzibar from holding an elective office;
   4. the impeachment of the Head of the Revolutionary Government of Zanzibar by the House of Representatives in accordance with the Constitution of Zanzibar, 1984, and his removal from office;
   5. the certification pursuant to the Constitution of Zanzibar, 1984, that the Head of the Revolutionary Government of Zanzibar is unable to discharge his duties and functions; or
   6. the death of the Head of the Revolutionary Government of Zanzibar.

105. The Zanzibar Revolutionary Council; and its functions

1. There shall be a Zanzibar Revolutionary Council which shall consist of the following members:
   1. the Chairman of the Revolutionary Council;
   2. the Chief Minister of the Revolutionary Government of Zanzibar;
   3. all Ministers of the Revolutionary Government of Zanzibar; and
   4. other members to be appointed by the Chairman of the Revolutionary Council in accordance with the provisions of the Constitution of Zanzibar, 1984.
2. Without prejudice to the powers of the Chairman of the Revolutionary Council as Head of the Revolutionary Government of Zanzibar, the Revolutionary Council shall be the principal organ for advising the Head of the Revolutionary Government of Zanzibar regarding all matters concerning the exercise of his functions of leadership and supervision over the affairs of the Executive for Zanzibar and also in the discharge of his functions over all affairs of Government concerning all matters which are not Union Matters in accordance with the provisions of this Constitution and those of the Constitution of Zanzibar, 1984.

106. The House of Representatives of Zanzibar, and its legislative functions

1. There shall be a House of Representatives of Zanzibar. The House of Representatives shall comprise two parts: one part shall consist of Members of the House elected or appointed in accordance with the provisions of the Constitution of Zanzibar, 1984, and who shall be referred to as Representatives; the other part of the House of Representatives shall be the Head of the Revolutionary Government of Zanzibar in the exercise of his functions pursuant to the provisions of this Constitution and the provisions of the Constitution of Zanzibar, 1984.
2. Whenever pursuant to the provisions of this Constitution, the provisions of the Constitution of Zanzibar, 1984, or the provisions of any law enacted and in force in Zanzibar, any matter requires to be decided or done by both parts of the House of Representatives, then that matter shall not be deemed to have been duly decided and done unless it is decided or done by the Members of the House of Representatives and also by the Head of the Revolutionary Government of Zanzibar, in accordance with their respective authority in relation to that matter.
3. All legislative authority in Zanzibar over all matters which are not Union Matters is hereby vested in the House of Representatives of Zanzibar.

107. Authority of House of Representatives

1. The President of Zanzibar as one part of the House of Representatives of Zanzibar shall exercise all the authority vested in him by this Constitution and also by the Constitution of Zanzibar, 1984, for that purpose.
2. The Members of the House of Representatives as the second part of the House of Representatives shall be the principal organ for Tanzania Zanzibar which shall have authority on behalf of the people in Tanzania Zanzibar to oversee and advise the Revolutionary Government of Zanzibar and all its organs in the discharge of their respective responsibilities in accordance with this Constitution and the Constitution of Zanzibar, 1984.
3. For the purposes of discharging its functions, the House of Representatives may—
   1. put to any Minister of the Revolutionary Government of Zanzibar any question concerning public affairs in Tanzania Zanzibar which are within his responsibility;
   2. debate on the performance of each Ministry of the Revolutionary Government of Zanzibar during the annual budget session of the House of Representatives;
   3. deliberate upon and authorize any long or short term plan which is intended to be implemented in Tanzania Zanzibar and enact a law to regulate the implementation of that plan;
   4. enact legislation where implementation requires legislation.

108. High Court of the United Republic and its jurisdiction

1. There shall be a High Court of the United Republic (to be referred to in short as “the High Court”) the jurisdiction of which shall be as specified in this Constitution or in any other law.
2. If this Constitution or any other law does not expressly provide that any specified matter shall first be heard by a court specified for that purpose, then the High Court shall have jurisdiction to hear every matter of such type. Similarly, the High Court shall have jurisdiction to deal with any matter which, according to legal traditions obtaining in Tanzania, is ordinarily dealt with by a High Court; save that, the provisions of this subarticle shall apply without prejudice to the jurisdiction of the Court of Appeal of Tanzania as provided for in this Constitution or in any other law.

109. Judges of the High Court and their appointment

1. There shall be a Principal Judge of the High Court (who in the following provisions of this Constitution shall be referred to as the “Principal Judge”) and other Judges of the High Court who shall be not less than fifteen.
2. Ordinary court selection
   The Principal Judge and other Judges of the High Court shall be appointed by the President after consultation with the Judicial Service Commission.
3. Subject to the provisions of this Constitution or any other law concerning the powers of the Chief Justice who is referred to in Article 118, the Principal Judge shall be the special assistant to the Chief Justice in the administration of the High Court and of all the other courts subordinate to it, and in the discharge of the functions of that office, the Principal Judge shall perform such functions and duties as he may, from time to time, be instructed or directed by the Chief Justice and, for the purposes of this Article, the Principal Judge shall also be known as the Head of the High Court.
4. In addition to his ordinary powers as a Judge of the High Court, the Principal Judge shall also have power to perform all such duties and functions related to the jurisdiction of the High Court which, in accordance with the legal traditions applicable, are matters which are required to be performed by the head of the High Court: save that the provisions of this subarticle shall not apply in relation to the discharge of duties or functions which, in terms of the provisions of this Constitution or of any other law or in accordance with legal traditions obtaining in Tanzania are expressly stated or are deemed to be the duties or functions required to be performed only by the Chief Justice.
5. For the avoidance of doubt in relation to the interpretation or application of the provisions of subarticles (3) and (4), of this Article, it is hereby declared that except where this Constitution or any other law provides otherwise, the Chief Justice may, from time to time, give to the Principal Judge directions or instructions concerning the discharge of his duties and functions as head of the High Court. Likewise the Chief Justice may delegate to the Principal Judge some of his administrative and supervisory powers in relation to the discharge of functions in the High Court and in all other courts subordinate to it, and whenever necessary, the Chief Justice may himself discharge directly any of the functions so delegated to the Principal Judge.
6. The office of Judge of the High Court shall not be abolished while there is a person holding that office.
7. Eligibility for ordinary court judges
   Subject to the provisions of subarticle (9) of this Article a person may only be appointed Judge of the High Court if he has special qualifications as defined in Subarticle (8) of this Article, and has held one of those special qualifications for a period of not less than five years.
8. Eligibility for ordinary court judges
   For the purposes of construing subarticles (7), (9) and (11) of this Article “special qualifications” means the qualifications prescribed in the Advocates Ordinance (or any other law amending or replacing that Ordinance) one of which a person must possess in order to qualify for enrolment as an advocate in Mainland Tanzania.
9. Eligibility for ordinary court judges
   Where the President is satisfied that a person holding one of the special qualifications has not held that qualification for a period of not less than five years, but that that person has the ability, knowledge and in every respect is suitable for appointment as Judge of the High Court, and there are reasons which make such person deserve to be so appointed, then the President may dispense with the requirement that such person shall have held the special qualifications for a period of not less than five years, and may after consultation with the Judicial Service Commission, appoint that person Judge of the High Court.
10. In the event that the office of Principal Judge falls vacant or that the Principal Judge is for any reason unable to perform the functions of his office, then, those functions shall be performed by one of the Judges who shall be appointed by the President for that purpose and that Judge so appointed shall perform those functions until a new Principal Judge is appointed and assumes the office of Principal Judge, or until the Principal Judge who was unable to perform his functions resumes office.
11. In the event that the office of any Judge falls vacant or that any Judge is appointed Acting Principal Judge or is for any reason unable to perform the functions of his office, or if the Chief Justice advises the President that the state of business then obtaining in the High Court requires the appointment of an Acting Judge, the President may, after consulting the Chief Justice in the usual manner, appoint an Acting Judge from amongst persons holding the special qualifications:

    Provided that—

    1. a person shall not be deemed to be disqualified from appointment in accordance with the provisions of this subarticle for the reason only that he has attained the age specified in subarticle (1) of Article 110 of this Constitution;
    2. for the purpose of appointing an Acting Judge in accordance with the provisions of this subarticle, the President may dispense with the requirement of holding the special qualifications for a period of five years for the same reasons as those set out in subarticle (9) of this Article.
12. Any person appointed Acting Judge pursuant to the provisions of sub-article (1) of this Article shall continue to hold the office of Acting Judge for any period so specified in his appointment or if no period is specified, until his appointment is revoked by the President, but notwithstanding that his term of office has expired or that his appointment has been revoked, that person may continue to perform functions as Acting Judge until he has completed the preparation and delivery of a decision or until he completes any other business connected with matters which he had started hearing before his term of office expired or before his appointment was revoked.

110. Tenure of office of Judges of the High Court

1. Mandatory retirement age for judges
   Every Judge of the High Court shall vacate his on attaining the age of sixty years, but the provisions of this subarticle shall apply subject to the subsequent provisions of this Article.
2. Mandatory retirement age for judges
   Any Judge of the High Court may vacate office in the service of the United Republic at any time on attaining the age of fifty five years except where the President directs that he should not vacate office, and if the President so directs, then the Judge to whom the directions of the President relate shall not be entitled to vacate office until the expiry of the period specified by the President for that purpose.
3. Mandatory retirement age for judges
   In the event that the President considers it to be in the public interest that a Judge who has attained sixty years of age continue in office, and the Judge agrees in writing to continue in office, then the President may direct that the judge continue in office for any period which may be specified by the President.
4. Notwithstanding that a Judge has attained the age at which he is required by the provisions of this Article to vacate office, a person who was holding the office of Judge of the High Court may continue to perform the functions of that office after attaining that age until he completes the preparation and delivery of the decision or until he completes any other business in connection with matters which he had started hearing before attaining that age.
5. Supreme/ordinary court judge removal
   A Judge of the High Court may be removed from office only for inability to perform the functions of his office (either due to illness or to any other reason) or for misbehaviour inconsistent with the ethics of office of Judge or with the law concerning the ethics of public leaders and he shall not be so removed except in accordance with the provisions of subarticle (7) of this Article.
6. Supreme/ordinary court judge removal
   If the President considers that the question of the removal of a Judge from office needs to be investigated, then the procedure shall be as follows:
   1. the President shall appoint a Special Tribunal which will consist of a Chairman and not less than two other members. The Chairman and at least half of the other members of such Special Tribunal shall be persons who are Judges of the High Court or of the Court of Appeal in any country within the Commonwealth;
   2. the Special Tribunal shall investigate the matter and make a report to the President, advising on the whole matter, and shall advise him whether or not the Judge concerned should be removed from office in accordance with the provisions of this Article on the grounds of inability to perform his functions due to illness or any other reason or on grounds of misbehaviour.
7. Supreme/ordinary court judge removal
   If the Special Tribunal appointed in accordance with the provisions of subarticle (6) advises the President that the Judge the subject of investigation by the Special Tribunal be removed from office on grounds of inability to perform functions due to illness or any other reason or on grounds of misbehaviour, then the President shall remove that Judge from office.
8. If the question of removing a Judge from office has been referred to a Special Tribunal for investigation pursuant to the provisions of subarticle (6) of this Article, the President may suspend the Judge concerned from duty, and the President may at any time rescind the decision to suspend such Judge, and in any case such decision shall lapse if the Special Tribunal advises the President that the Judge be not removed from office.
9. The provisions of this Article shall be without prejudice to the provisions of subarticle (12) of Article 109 of this Constitution.

111. Judges’ oath of office

112. Judicial Service Commission

1. There shall be a Judicial Service Commission for Magistrates and other Judicial Officers in Mainland Tanzania. The members of the Commission shall be the following:
   1. the Chief Justice who shall be the Chairman;
   2. the Attorney-General;
   3. a Justice of the Court of Appeal of Tanzania who shall be appointed in that behalf by the President after consultation with the Chief Justice;
   4. the Principal Judge of the High Court; and
   5. two members who shall be appointed by the President.
2. A person shall not qualify to be appointed member of the Commission under the provisions of paragraph (e) of subarticle (1) of this Article, if he is a Member of Parliament or the holder of any other office prescribed in that behalf by a law enacted by Parliament.

113. Power to appoint Magistrates and other judicial officers

1. Subject to the provisions of any law enacted by Parliament concerning the appointment of magistrates and other Judicial officers, the division of power for that purpose shall be as follows:
   1. the power to appoint persons to hold offices prescribed in subarticle (2) of this Article (including the power to confirm such persons in office and to promote them) is hereby vested in the President;
   2. Establishment of judicial council
      the exercise of disciplinary power over such persons and the power to remove them from office, is hereby vested in the Judicial Service Commission referred to in Article 112 of this Constitution.
2. The offices to which this Article applies are the offices of the Registrar of the Court of Appeal of Tanzania and his Deputy of any grade, the offices of the Registrar of the High Court and his Deputy of any grade, the office of Resident Magistrate and of a magistrate of any other category, and any other office connected with any court (other than a court-martial) as may be specified by a law enacted by Parliament in accordance with the provisions of this Constitution.

113A. Membership of judicial officers in political parties

114. The High Court of Zanzibar

115. Jurisdiction of the High Court of Zanzibar

1. Subject to Articles 83 and 116 of this Constitution, the jurisdiction of the High Court of Zanzibar shall be as specified in the laws applicable in Zanzibar.
2. Subject to the provisions of this Constitution or of any other law enacted by Parliament, where any law enacted by Parliament and which is applicable in Mainland Tanzania and also in Tanzania Zanzibar vests any power in the High Court, then the High Court of Zanzibar may exercise that power concurrently with the High Court of the United Republic.

116. Interpretation

1. In this Fourth Part of the Fifth Chapter of this Constitution, and in the other parts of this Constitution, unless the context requires otherwise—
   • “the Judiciary” means the Court of Appeal of the United Republic referred to in Article 117 of this Constitution (or in short the Court of Appeal), the High Court of the United Republic referred to in Article 108 of this Constitution (or in short the High Court) together with any other court subordinate to the High Court;

     “Chief Justice” means the Chief Justice of the Court of Appeal, and includes an Acting Chief Justice or a Justice of Appeal temporarily deputizing for or performing the functions of Chief Justice;

     “Justice of Appeal” means a Justice of the Court of Appeal.

2. Subject to the provisions of subarticle (3), the Chief Justice shall have no power over any matter concerning the structure and administration of the day-to-day business of the courts established in accordance with the Constitution of Zanzibar, 1984, or any law of Tanzania Zanzibar.
3. The Chief Justice shall from time to time consult with the Chief Justice of Zanzibar concerning the administration of the business of the Court of Appeal in general, and also concerning the appointment of Justices of Appeal.

117. Court of Appeal of the United Republic and its jurisdiction

1. Supreme court powers
   There shall be a Court of Appeal of the United Republic of the (to be referred to in short as “the Court of Appeal”) which shall have the jurisdiction of the Court of Appeal as provided in this Constitution or any other law.
2. The Court of Appeal shall not have any jurisdiction in arbitration of any matter which is to be dealt with in accordance with the provisions of Article 126 of this Constitution concerning a dispute between the Government of the United Republic and the Revolutionary Government of Zanzibar.
3. Supreme court powers
   The functions of the Court of Appeal shall be to hear and determine every appeal brought before it arising from the judgment or other decision of the High Court or of a magistrate with extended jurisdiction.
4. A law enacted in accordance with the provisions of this Constitution by Parliament or by the House of Representatives of Zanzibar may make provisions stipulating procedure for lodging appeals in the Court of Appeal, the time and grounds for lodging the appeals, and the manner in which such appeals shall be dealt with.

118. Justice of Appeal and their appointment

1. Number of supreme court judges
   There shall be a Chief Justice of the Court of Appeal (who in the subsequent Articles of this Constitution shall be referred to in short as “the Chief Justice”) and not less than two other Justices of Appeal; save that a full bench of the Court of Appeal shall consist of not less than five Justices of Appeal.
2. Supreme court selection
   The Chief Justice shall be appointed by the President, and shall be the Head of the Court of Appeal and of the Judiciary as defined in Article 116 of this Constitution.
3. Supreme court selection, Eligibility for supreme court judges
   The other Justices of Appeal shall be appointed by the President after consultation with the Chief Justice, from among persons who qualify to be appointed Judges of the High Court of the United Republic as provided for in Article 109 of this Constitution, or from among persons who qualify to be appointed Judges of the High Court of Zanzibar in accordance with the laws applicable in Zanzibar.
4. Whenever—
   1. the office of Chief Justice is vacant, or
   2. the Chief Justice is absent from Tanzania; or
   3. the Chief Justice, for any reason, fails to discharge his duties,

   and if, in the duration of any of these three events, the President considers it appropriate to appoint a Chief Justice, the President may appoint an Acting Chief Justice from among persons who qualify to be appointed Justices of Appeal, and such Justice of Appeal shall perform the duties of the Chief Justice until another Chief Justice is appointed and assumes the functions of the office of Chief Justice, or until the Chief Justice who was absent from Tanzania or was unable to discharge his duties resumes duty.

5. In the event that any office of Justice of Appeal falls vacant or that any Justice of Appeal is appointed Acting Chief Justice or is for any reason unable to exercise the functions of his office, or if the Chief Justice advises the President that the state of business then obtaining in the Court of Appeal requires the appointment of an Acting Justice of Appeal, the President may, after consulting with the Chief Justice in the usual manner, appoint a person Acting Justice of Appeal from among persons holding special qualifications in accordance with the provisions of subarticle (3) of this Article.
6. Any person appointed Acting Justice of Appeal pursuant to the provisions of subarticle (5) of this Article shall continue to hold the office of Acting Justice of Appeal for any period specified at the time of his appointment, or where no period has been specified, until his appointment is revoked by the President, but not withstanding that the period of appointment has expired or that the appointment has been revoked, such person may continue to work as Acting Justice of Appeal for as long as may be necessary to enable him to prepare and deliver judgment or to do any other thing in relation to appeals or any other proceedings which were commenced before him prior to the expiration of such period, or the revocation of his appointment.
7. For the avoidance of doubt over the construction of the provisions of subarticle (1) of Article 118 of this Constitution (which stipulates the number of substantive Justices of Appeal) and the provisions of Article 119 of this Constitution (which specifies the jurisdiction of Justices of Appeal) it is hereby declared that an Acting Justice of Appeal appointed in accordance with the provisions of subarticle (5) of this Article, shall have full power of a Justice of Appeal and shall discharge duties as Acting Justice of Appeal notwithstanding that his appointment is in excess of the number of substantive Justices of Appeal specified in subarticle (1) of Article 118 of this Constitution, save that the provisions of this subarticle shall apply subject to the provisions of Article 122 of this Constitution in relation to the quorum at sittings of the Court of Appeal.
8. The office of Justice of Appeal shall not be abolished while there is a person holding that office.

119. Jurisdiction of Justices of Appeal

120. Tenure of office of Justices of Appeal

1. Mandatory retirement age for judges
   Every Justice of Appeal shall vacate his office upon attaining the age of sixty-five, but the provisions of this subarticle shall apply subject to the subsequent provisions of this Article.
2. Any Justice of Appeal may vacate office in the service of the United Republic at any time on attaining the age of sixty five years except where the President directs that he should not vacate office, and if the President so directs, then the Justice to whom the directions of the President relate shall not be entitled to vacate office until the expiry of the period specified by the President for that purpose.
3. Mandatory retirement age for judges
   In the event that the President considers it to be in the public interest that a Justice of Appeal who has attained sixty-five years of age continue in office, and the Justice of Appeal agrees in writing to continue in office, then the President may direct that the Justice of Appeal continue in office for any period which may be specified by the President.
4. Notwithstanding that a Justice of Appeal has attained the age at which he is required by the provisions of this Article to vacate his office, a person who was holding the office of Justice of Appeal may continue to perform the functions of that office after attaining that age until he completes the preparation and delivery of decision or until he completes any other business in connection with matters which he had started hearing before attaining that age.
5. Supreme/ordinary court judge removal
   A Justice of Appeal may be removed from office only for inability to perform the functions of his office, (either due to illness or to any other reason) or misbehaviour and shall not be so removed from office save in accordance with the procedure similar to that provided in relation to the removal from office of a Judge of the High Court as specified in subarticles (6) and (7) of Article 110 of this Constitution and for that purpose the provisions of subarticle (8) of Article 110 shall apply in relation to a Justice of Appeal in the same manner as they apply to a Judge of the High Court.
6. The provisions of this Article shall be without prejudice to the provisions of subarticle (5) of Article 118 of this Constitution.

121. Oath of office of Justices Appeal

122. Quorum at sittings the Court of Appeal

1. The quorum at every sitting of the Court of Appeal shall be not less than three of Appeal Justices
2. In every appeal a matter which requires the decision by the Court of Appeal shall be decided on the basis of the majority opinion of the Justices of Appeal hearing the appeal.

123. Jurisdiction of a single Justice of Appeal

124. Execution of court process in the whole of Tanzania

1. The criminal and civil process, including warrants of arrest issued by the Courts in Mainland Tanzania and in Tanzania Zanzibar may be served and may be executed in any place in Tanzania subject to the following provisions—
   1. where the court issues process to be served or executed in a place where it has no jurisdiction, such process shall be sent to that place and the service or execution shall be effected in accordance with the procedure obtaining for service or execution of process issued by the court having jurisdiction in that area; and
   2. where the law applicable in the place where the process is sent requires that a process issued by a court which has no jurisdiction be authenticated first by the court having local jurisdiction, then every process issued by the court elsewhere has to be authenticated first in accordance with the law before service or execution of such process.
2. Where a person is arrested anywhere in Tanzania in accordance with an arrest warrant issued by a court having no jurisdiction in the area of arrest, then the person so arrested shall be deemed to be in lawful custody and be brought before the court which issued the arrest warrant, but the provisions contained in this subarticle shall apply without prejudice to the provisions of the law applicable in the place of the arrest.
3. The provisions contained in this Article shall not prevent the enactment of a law providing for the procedure of sending process outside Tanzania issued by the courts in Mainland Tanzania or Tanzania Zanzibar.

125. Special constitutional Court

126. Jurisdiction of the Special Constitutional Court

1. Constitutional interpretation, Constitutional court powers
   The sole function of the Special Constitutional Court of the United Republic is to hear and give a conciliatory decision over a matter referred to it concerning the interpretation of this Constitution where such interpretation or its application is in dispute between the Government of the United Republic and the Revolutionary Government of Zanzibar.
2. In the exercise of its functions in accordance with the provisions of this Article, the Special Constitutional Court shall not have power to inquire into or to alter the decision of the High Court or the decision of the Court of Appeal which has been given in accordance with the provisions of Article 83 of this Constitution or the decision of the Court of Appeal which has been given in accordance with Article 117 of this Constitution.
3. Every conciliatory decision given by the Special Constitutional Court pursuant to this Article shall be final; there shall be no right of appeal to any forum.

127. Composition of the Special Constitutional Court

1. Constitutional court selection
   The Special Constitutional Court shall consist of members of whom one half shall be appointed by the Government of the United Republic and the other half shall be appointed by the Revolutionary Government of Zanzibar.
2. Eligibility for const court judges
   A person may be appointed to be a member of the Special Constitutional Court only if he holds or has previously held the office of Justice of Appeal, or of Judge of the High Court of the United Republic of Tanzania or of the High Court of Zanzibar, or he is a person who has the ability and experience which qualify him to be appointed to the office of Judge or Acting Judge under the law for the time being in force, in Mainland Tanzania or in Zanzibar, as the case may be.
3. A person may be appointed to be a member of the Special Constitutional Court for the purposes of hearing one dispute only or for hearing two or more disputes should they arise. A member shall continue to hold office as member of the Special Constitutional Court until the determination of the dispute in relation to which he is appointed or his appointment is revoked or until he fails to perform his duties as a member due to illness or any other reason.

128. Procedure at sittings of the special Constitutional Court

1. The Special Constitutional Court shall hold its sittings only when there is a dispute to be heard, and shall sit in any place to be decided upon in accordance with the procedure applicable for the purposes of hearing disputes submitted to the Special Constitutional Court.
2. The quorum for every sitting of the Special Constitutional Court shall be all its members, and where any member is absent or the seat of any member is vacant, then the Government which had appointed that member who is absent or whose seat is vacant shall appoint another member to replace him. A temporary member appointed in accordance with this subarticle shall continue to hold office in the Special Constitutional Court until the substantive member resumes duty or until a person is appointed to fill the vacancy or until the dispute is determined, whichever of these events occurs earlier.
3. Every matter requiring a decision of the Special Constitutional Court shall be determined on the basis of the opinion of two-thirds of the members appointed from Mainland Tanzania and two-thirds of the members appointed from Tanzania Zanzibar.
4. Parliament may enact legislation providing for the election of the Chairman of the Special Constitutional Court, the procedure for the submission of disputes to the Court, the procedure for the hearing of disputes and the procedure for the transmission of the decisions of the Court to the Governments:

   Save that where any matter is referred to the Special Constitutional Court before the enactment of the legislation referred to in this subarticle, the matter will be heard and decided in accordance with the procedures to be decided upon by the Court itself before hearing the matter, or if members of the Court fail to agree on such procedure, then the matter shall be heard and decided in accordance with the procedure to be decided upon by the Government of the United Republic in collaboration with the Government of Zanzibar.

129. Permanent Commission of Enquiry

1. There is hereby established a Permanent Commission of Enquiry which shall have jurisdiction to enquire into the conduct of any person to whom this Article applies, and such enquiry shall be made into the conduct of such person in respect of the ordinary performance of his duties or abuse of the authority of his office.
2. The Commission shall enquire into the conduct of any person concerned whenever it is directed by the President to do so; and may, unless the President directs otherwise, carry out an enquiry whenever it deems it appropriate that an enquiry be made into the conduct of any person to whom this Article applies and in respect of whom allegations exist of abuse or misuse of the authority of his office.
3. Upon the conclusion of an enquiry, the Commission shall, pursuant to the procedure prescribed by a law enacted by Parliament in that behalf, submit to the President or to the Head of the Revolutionary Government of Zanzibar, as the case may be a report on the proceedings of the enquiry, the views of the Commission on the whole matter, and its recommendations.
4. The provisions of this Article shall apply to persons employed in the service of the Government of the United Republic and those in the Revolutionary Government of Zanzibar, employees and leaders of political parties who deal with public affairs, members and employees of all Commissions in the Government of the United Republic and the Revolutionary Government of Zanzibar, persons holding office in the departments of those Governments, public corporations, and such other public authorities as may be specified in a law enacted by Parliament, but these provisions shall not apply to the President or to the Head of the Revolutionary Government of Zanzibar.
5. The Commission shall not have any power either under the provisions of this Article or those of any law enacted by Parliament for the purpose of this Chapter of this Constitution to enquire into the decision of any Judge, magistrate or court registrar where such decision was made in the discharge of the functions of his office; likewise the Commission shall not have power to enquire into any decision made by any quasi- judicial body established in accordance with law where such decision was made in the discharge of its authority.

130. Members of the Commission

1. The Commission shall consist of a Chairman and not more than four other members who shall be appointed by the President.
2. Any person on being appointed member of the Commission shall be obliged to vacate forthwith the office of Minister, Deputy Minister, or office in any political party, or the office of any other kind specified in that behalf by a law enacted by Parliament.
3. A person who ceases to be a member of the Commission may be reappointed, but notwithstanding the provisions of Article 74(3) of this Constitution a person who has held office of member of the Commission for a continuous period of six years may not be reappointed member until after the expiry of three years since he ceased to hold such office.
4. Subject to the provisions of this Article, a member of the Commission shall cease to be such member and shall vacate office upon the occurrence of any of the following events:
   1. the completion of three years since his appointment; or
   2. the assumption of any office the holding of which, would if he were not a member of the Commission, disqualify him from being appointed member of the Commission.
5. The President may remove a member of the Commission from office only for failing to discharge the functions of his office (either due to illness or any other reason) or due to misconduct.
6. The Commission may carry out its functions notwithstanding any vacancy in its membership or the absence of some member.

131. Jurisdiction and procedure of the Commission

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.

133. Joint Finance Account

134. Joint Finance Commission

1. There is hereby established a Joint Finance Commission consisting of not more than seven members who shall be appointed by the President in accordance with this Article and the provisions of a law enacted by Parliament.
2. The functions of the Commission shall be—
   1. to analyze the revenue and expenditure arising from, or relating to the management of affairs concerning Union Matters, and to make recommendations to the two Governments concerning the contribution by, and the allocation to, each of the Governments;
   2. to keep under constant scrutiny the fiscal system of the United Republic and also the relations between the two Governments in relation to financial matters;
   3. to discharge other functions which the President shall assign to the Commission or as the President may direct, and in accordance with a law enacted by Parliament.

135. Consolidated Fund of the Government of the United Republic

1. All revenue derived from various sources for the use of the Government of the United Republic, except for the type of revenue specified in subarticle (2) of this Article, shall be paid into one special fund to be known as the Consolidated Fund of the Government of the United Republic.
2. The revenue which shall not be paid into the Consolidated Fund of the Government of the United Republic is that which has been specified by law to be used for a specified purpose or to be paid into another fund for special use.

136. Conditions for withdrawal of moneys from Consolidated Fund

1. Moneys shall not be paid out of the Consolidated Fund of the Government of the United Republic for expenditure Consolidated save in accordance with the following terms:
   1. such money should be for the purpose of expenditure which has been authorised to be charged upon the Consolidated Fund of the Government of the United Republic by this Constitution or by any other law; or
   2. such money is for expenditure which has been authorized either by Appropriation Act enacted by Parliament for that purpose or a law enacted by Parliament in accordance with the provisions of Article 140 of this Constitution.
2. Moneys in any special fund of the Government other than the Consolidated Fund of the Government of the United Republic shall not be paid out for expenditure unless and until such expenditure has been authorized by law.
3. Moneys in the Consolidated Fund of the Government of the United Republic shall not be paid out of that Fund for the purpose of expenditure unless and until such expenditure has been approved by the Controller and Auditor-General, and also on condition that such money shall have been paid out in accordance with a procedure prescribed for that purpose pursuant to a law enacted by Parliament.

137. Procedure for authorization of expenditure in advance of appropriation

1. The President shall give directions to persons concerned to prepare and submit to the National Assembly in each Government financial year estimates of the revenue and expenditure of the Government of the United Republic for the next financial year.
2. Spending bills
   After the National Assembly has approved the estimates of expenditure (apart from the expenditure charged on the Consolidated Fund by this Constitution or by any other law) a Bill to be known as an Appropriation Bill shall be introduced into the National Assembly for the purpose of authorising the issue from the Consolidated Fund of the sums necessary to meet the expenditure for the various activities of the Government involved in those estimates.
3. Where in any financial year it is found that—
   1. the amount of money appropriated by the Appropriation Act for a certain purpose is insufficient or it has been necessary to incur expenditure in respect of an activity for which no amount has been appropriated under the Act; or
   2. money has been expended for a certain purpose in excess of the amount appropriated for it by the Appropriation Act or that money has been expended for a purpose for which no amount was appropriated under the Act,

   there shall be presented before the National Assembly a supplementary estimate or, as the case may be, a statement of excess, and after the National Assembly has approved the supplementary estimate or the statement of excess there shall be introduced into the National Assembly a supplementary Appropriation Bill for the purpose of authorising the issue of funds from the Consolidated Fund of the Government of the United Republic, and such moneys shall be used to meet the cost of the activities involved in the supplementary estimates or statement of excess.

138. Conditions of taxation

1. Tax bills
   No tax of any kind shall be imposed save in accordance with a law enacted by Parliament or pursuant to a procedure lawfully prescribed and having the force of law by virtue of a law enacted by Parliament.
2. Subsidiary unit government
   The provisions contained in subarticle (1) of this Article shall not preclude the House of Representatives of Zanzibar from exercising its power to impose tax of any kind in accordance with the authority of that House.

139. Procedure for authorizing expenditure out of Consolidated Fund

1. Parliament may enact a law providing for the authorization of expenditure of moneys from the Consolidated Fund of the Government of the United Republic in accordance with a procedure prescribed in subarticle (2) of this Article.
2. Where the financial year of the Government has begun and the Appropriation Act in relation to that year has not come into operation, then the President may authorise the issue of moneys from the Consolidated Fund of the Government of the United Republic for the purposes of meeting the expenses of essential business of the Government, and such moneys shall be expended until the expiration of four months from the beginning of the financial year, or until the Appropriation Act comes into operation, whichever occurs earlier.

140. Contingencies Fund and virement

1. Parliament may enact a law providing for the following:
   1. the establishment of a Contingencies Fund and authorizing the President or a Minister appointed by the President in that behalf to borrow money from that Fund to meet the costs of an urgent and unforeseen need for which no funds had been provided; and
   2. authorizing the President or a Minister appointed by the President in that behalf to apply money specifically appropriated for certain business to meet the costs of an urgent and unforeseen need as referred to in paragraph (a) of this subarticle.
2. Where money has been borrowed from the Contingencies Fund, or money specifically appropriated for a certain purpose is applied to meet the costs of an urgent and unforeseen need, then there shall be presented before the National Assembly supplementary estimates, and after the National Assembly has approved the supplementary estimates, a supplementary Appropriation Bill which shall be introduced into the National Assembly for the purpose of authorising such additional expenditure shall ensure that any moneys borrowed from the Contingencies Fund shall be reimbursed from the moneys the expenditure of which shall be authorised by that Bill.

141. Public Debt

1. The public debt of the United shall be secured on the Consolidated Fund of the Government of the United Republic.
2. For the purposes of interpretation of this Article, “the public debt” means the debt itself and also the interest charged on it, sinking fund payments in respect of that debt and the costs, charges and expenses incidental to the management of that debt.

142. Remuneration of certain holders of public offices to be a charge on Consolidated Fund

1. Holders of public office to whom the provisions of this Article apply shall be paid salaries and allowances as shall be prescribed by a law enacted by a Parliament.
2. The moneys for the salaries and allowances payable to the holders of offices to whom the provisions of this Article apply together with pension and gratuity for those entitled to such payments shall be a charge on the Consolidated Fund of the Government of the United Republic.
3. The salary payable to the holder of a public office to whom the provisions of this Article apply together with his terms and conditions of service shall not be varied in a manner which is less beneficial to him, but these provisions shall not apply to allowances payable to the holder of such office.
4. Where the holder of a public office to whom the provisions of this Article apply has the option to choose the salary or the terms and conditions of service, then for the purpose of construing the provisions of subarticle (3) of this Article, the salary, the terms and conditions of service which he chooses shall be deemed to be more beneficial to him than any other salary or terms and conditions of service which he could have opted for.
5. The provisions of this Article shall apply to a Justice of the Court of Appeal, a Judge of the High Court of the United Republic, the Chairman and every member of the Permanent Commission of Enquiry and the Controller and Auditor General of the Government of the United Republic.

143. Controller and Auditor General of the United Republic

1. There shall be a Controller and Auditor-General of the United Republic.
2. The Controller and Auditor-General shall have the responsibility over the following matters:
   1. to ensure that the use of any moneys proposed to be paid out of the Consolidated Fund has been authorized and that the funds shall be paid out in accordance with the provisions of Article 136 of this Constitution, and where the is satisfied that those provisions shall be duly complied with, then he shall authorize payment of such moneys.
   2. to ensure that all the moneys the payment of which has been authorized to be charged on the Consolidated Fund of the Government of the United Republic, or the moneys the use of which has been authorised by a law enacted by Parliament and which have been spent, have been applied to the purposes connected with the use of such moneys and that such expenditure has been incurred in accordance with the authorization for such expenditure; and
   3. at least once every year to audit and give an audit report in respect of the accounts of the Government of the United Republic, the accounts managed by all officers of the Government of the United Republic and the accounts of all courts of the United Republic and the accounts managed by the Clerk of the National Assembly.
3. The Controller and Auditor-General and every employee of the Government who is authorised by him shall have the right to examine books records, statements of account, reports and all other documents concerning any type of account referred to in subarticle (2) of this Article.
4. The Controller and Auditor-General shall submit to the President every report he makes pursuant to the provisions of subarticle (2) of this Article. Upon receipt of such report the President shall direct the persons concerned to submit that report before the first sitting of the National Assembly which shall be held after the President has received the report and it shall have to be submitted to such sitting before the expiration of seven days from the day the sitting of the National Assembly began. If the President does not take steps of submitting such report to the National Assembly, then the Controller and Auditor-General shall submit the report to the Speaker of the National Assembly (or the Deputy Speaker if the office of the Speaker is vacant then, or if for any reason the Speaker is unable to perform the functions of his office) who shall submit the report to the National Assembly.
5. The Controller and Auditor-General shall also have responsibility of discharging other duties and functions, and shall have other various powers as shall be specified by the law concerning the accounts of the Government of the United Republic or the accounts of other public authorities or other bodies.
6. In the discharge of his functions in accordance with the provisions of subarticles (2), (3) and (4) of this Article, the Controller and Auditor-General shall not be obliged to comply with the order or direction of any other person or Government Department, but the provisions of this subarticle shall not preclude a court from exercising jurisdiction to enquire into whether the Controller and Auditor-General has discharged his functions in accordance with the provisions of this Constitution or not.

144. Removal from office of Controller and Auditor-General

1. Without prejudice to the other provisions of this Article, the Controller and Auditor-General of the United Republic shall be obliged to vacate office upon attaining the age of sixty or any other age which shall be prescribed by a law enacted by Parliament.
2. The Controller and Auditor-General may be removed from office only for inability to perform the functions of his office (either due to illness or to any other reason) or for misbehaviour, or for violating the provisions of the law concerning the ethics of public leaders and shall not be so removed except in accordance with the provisions of subarticle (4) of this article.
3. If the President considers that the question of the removal of the Controller and Auditor-General from office under the provisions of this Article needs to be investigated, then the procedure shall be as follows:
   1. the President shall appoint a Special Tribunal which shall consist of a Chairman and not less than two other members. The Chairman and at least half of the other members of that Special Tribunal shall be persons who are or have been Judges of the High Court or of the Court of Appeal in any country within the Commonwealth;
   2. the Special Tribunal shall investigate and submit a report to the President on this whole matter, and shall advise him whether or not the Controller and Auditor General should be removed from office in accordance with the provisions of this Article on the grounds of inability to perform his functions due to illness or any other reason or on grounds of misbehaviour.
4. If the Special Tribunal appointed in accordance with the provisions of subarticle (3) advises the President that the Controller and Auditor-General be removed from office on grounds of inability to perform functions of his office due to illness or any other reason or on grounds of misbehaviour, then the President shall remove him from office.
5. If the question of removing the Controller and Auditor-General has been referred to a Special Tribunal for investigation pursuant to the provisions of this Article, the President may suspend the Controller and Auditor-General from office, and the President may at any time rescind the decision to suspend the Controller and Auditor-General and in any case such decision shall lapse if the Special Tribunal advises the President that the Controller and Auditor-General be not removed from office.
6. A person who holds or who has held the office of Controller and Auditor-General shall not be appointed to, or act in, any other office in the service of the Government of the United Republic.
7. The provisions of this Article shall not apply to any person appointed acting Controller and Auditor-General.