2,h

ISSN 0856_0100Ix

SPE CIAL BILL SUPPLEMENTNo. I IIth March,2LII

lo the Gazette of t'he united Republic of Thnzania No, I vol.92 dated llh March,20ll

Printed by the Government printer, Dar es Salaam, by Order of Government

THE CONSTITUTIONAL REVIEW ACT, 201IANRANCSI\,ISNT OF SECTIONS

Sections Title

PART IPReLMNaRy pRovrsroNs

L Shor-t title and commencement.2.'Application.3. Interpretation.

4. Objectives.

PART IIOeJectrves

PART IIIEsresltsHr\4rNT OF A coNlutssroN

5. Establishrnent of a Commission.6. Appointment of rnembers of the Commission.7. Composition ofthe Commission8. Terms of Reference.9. Functions ofthe Commission.10. Powers of the Commission.ll. Oath of members and the Secretarv.12. Cessation of membership.13. Secretariat.14. Expenses ofthe Commission.I 5' Immunity of members of the commission and the secretariat.16. Submission ofthe report.

\

Constitutional Review

PART IV

PRocrouRe oF THE CovvtsstoN

17. Mode of operation.18. Powers to collect information.19. Report of the Commission.20. Inviolability of Commission'

PART V

PRocl-ntlelc,N oF e CoNsrtrusNt Assevelv

2l . Proclamation of the Constituent Assembly.22. Powers of the Constituent Assembly.23. Provision relating to the Constituent Assembly.24. Acts of the Constituent Assembly.25. Abaternent of powers of the Constituent Assembly.

PART VI

VnlluRttoN oP a CoNsrlrurloN

25. Conduct of referendum.2 7. Referendum question.28, Notice of holding a referendum.29. Right to vote in a referendum.30. Procedure for conduct ofa referendum.31. Dissolution of the Commission.

S C H E D U L E S

,-7t,

Constitutional Review

NOTICE

This Bill to be submitted to the National Assembly is published for general

information to the public together with a statement of its objects and reasons'

Dar es Salaam,I l 'h March. 2011

PHtt t-pivtoN L. LuunNto,

Secretary to the Cabinet

ABILL

forAn Act to provide for the co-ordination and collection of

publ ic opinions on the consti tut ion; to establ ish an

inst i tu t ional f ramework for the co-ord inat ion and

collection of public opinions; to provide for nationalfora

for constitutional review for validation of legislative

proposals for a constitution; to provide for preparation

and submission of the report on the public opinions to the

relevant constitutional organs, the procedure to constitute

the constituent Assembly, the conduct of referendum and

to provide for r€lated matters" '

ENecrEp by Parliament of the United Republic of Tanzania'

PART I

PRpr-ttutNe,nv PRovtstoNs

1.{1) ThisAct may be cited as the constitutional Review Act,20ll. ;ilj*

(2) This Act shall conne into operation on the First day of June, 201 I . ;i#."ment

2. This Act shall apply to Mainland Tanzaniaas well as to Tanzania Applica-

Zanzibar. tion

Constitutional Review

I n terprc-tation

3. In this Act, unless tlre context otherwise requires:"Attorney cenerar" rneans the Attorney Generar referred to in Articre 59of the ConstitLltion;"comm i ss ion " rrear s trre comm ission estab r ished or formed for purposesof coordination and coilection of pubric opinions on constitutionalreview process;"constitution" means the fundamentar raw, written or unwritten, thatestablishes the character of a state by defining the basicfrinripr., towhich a society shail conform, distribution olpo*"rs and functionsamong pillars of the state, by describing ttt" orguniruiion or trreexecutive, legisrature, judiciary and their reguration, distribution, andthe limitation of different state organs, andLy prescribingthe extentand manner of the exercise of iis sovereign'powers, Jnd, for thepurposes ofthisAct it includes amendments to an existing constitution;

"constitutional organs" r"?T, for the purposes ofthisAct, the president,the Constituent Assembly or the }riational Assembly;

"Minister" means the Ministe; responsibre for constitutionar affairs;"public opinions" means ideas, views, information, opinion., froporut. o,recommendations collected from the general puUU" foi purpor", ofconstitutional review process;"Secretary" means the secretary referred to under section I3(l);"the constitution" means the constitution of the united n.prtri. orTanzania,1977.

PART IIOg.rpctlves

4. The objectives of this Act are to:(a) provide for estabrishment of the commission for purposes of

collection and coordination ofpublic opinions;(b) prescribe the oath and provide for the manner under which

members of the Commission and the Secretariat shall takeoath;

(c) make provision for Terms of Reference of the commission;(d) provide for estabrishment ofthe Secretariat ofthe commission

to be headed by the Secretarv:(e) provide for a mechanism by-which the public shall widely

participate in expressing and transmittin$ public opinions onmatters relating to the constitution;

Cap.2

Ob.jectives

Constitutional Review

(f) provide for a mechanism by which the Commission shallprepare and submit a report to the relevant constitutional organsfor determination;

(g) provide for the functions and powers of the Commission;(h) provide for the manner in which the Commission shall collect

information from public and private institutions, civil societiesand rel igious organizations;

(i) provide for a mechanism for procuring technical informationby the Commission from consultants;

O generally, provide for a mechanism for consensus building innational issues during constitutional review process;

(k) provide for a mechanism for scrutiny of a Draft ConstitutionBil l ;and

(l) put in place a legal mechanism for the President to constitutea Constituent Assembly.

PART IIIEstegusnuenr oF A CovvrssroN

5. The President may, upon consultation with the Presiden t of Zanzibarand, with the advice by the Attorney General and after considering anyinformation or prevailing social, political and economic circumstanceswithin the United Republic at all times and, by order published in theGazette, establish a Commission to examine, analyse and recommendfor the enactment of a constitution or existing constitution that shall exalt,entrench and promotethe rule oflaw and good governance.

6.-(1) Members ofthe Commission shallbe appointed bythe Presidentin equal numbers from Mainland Tanzania and TanzaniaZanzibar.

(2) In appointing members of the Commission, the President shallhave regard to:

(a) experience and professional qualifications of the members;(b) the diversity of the United Republic of Tanzania;(c) the national interests;(d) age, gender and representation ofvarious social groups; and(e) such other criteria as the President may consider appropriate..

Establish-ment ofaCommis-sion

Appoint -mentofmembersof theCommis-sion

/f

_)

Constitutional Review

Composi-tion oftheCommis-sion

(3) Notwithstanding subsection (2)' a. ne11o," :ltull tl:t,:.'alifv for

appointment as a member of the Commission if that person ls:

(a) a Member of Parliament, a Member of Peoples' Representatives

ofZanzrbat,aCounci lororaleaderofapol i t icalpu*y;(b) a member of securitY organs;

i.t a person who was tonvict"O of' or is the subject of proceedings

in the court of law for an offence invotving dishonesty or moral

turPitude;or(d) a non-citizenof Tanzania'

7.-(l) The Commission shall consist ofi

(a) a Chairman;(b) a Vice-Chainnan; and

i"i not more than thirty other Commissioners'

(2) Appointment of the Chairman and the Vice Chairman shall be

madeont l rebas iso f thepr inc ip le tha twhere t l reCha i rmanha i |s f romon" pun of the United Republic,ihen-the.Vice Chairmqn shall be a person

who hails from the otherpart of the United Republic'

(3) Members of the Commission shall be appointed by an order

published in the Gazette'

8.-(1) The Terms of Reference for the Commission shall be issued

by the President t"i;;th";;e- ord.er under which the appointment of

members is made a; il;,fy the time within which the comnrission

shall cornplete and submit a report'

Terms ofReference

(2) The President maY extend the

circumstances so require'

for the Commission wheretime

(3) The Terms of Reference shall be a legal document uponwhich

the performance of til-il;;i"* and the eiercise of powers by tlie

Co,ri*ittion shall, subject to the provisions of this Act' revolve'

9.-( I ) The principal functions of the Commission shall be to:Functionsof theCommis-sion

(a) co-ordinate and collect public 99inion1,6i :"""*i*;il;t ;' d "on ui'i"n"v ":1 ""l fl : :lY :i :il:

ffi ;#;,ffiJ;;; t'il'il re I atin g io th e,'*:f i 9"9,"1:l:people, political ,yrt"*', d"toJ'u"y' rule of law and good

governance; and

Constitutional Review

(c) make recommendations including a Draft Constitution Bill, onhow best the United Republic is to be governed in accordancewith the will of the people at all times,

(2) In the implementation of subsection (1), the Commission shalladhere to national values and ethos and shall, in that respect, observeinviolability and sanctity ofthe following matters:

(a) the Union of Tanganyika and Zanzibar;(b) the existence of the Executive, Legislature and the Judicature;(c) the Presidency;(d) the existence of the Revolutionary Governm entof Zanzibar;(e) national unity cohesion and peace;(f) periodic democratic election based on universal suffrage;(g) the promotion and protection of human rights;(h) human dignity, equality before the law and due process of law;(i) the secular nature of the United Republic; and

O the independence of the Judiciary.

10, The Commission shallhave powers and enjoy such independence powersand autonomy as may be necessary for the performance of its functions of the .and exercise of its powers under this Act. ;:ll**

I 1 . Every member of the Commission and the Secretary shall, before oath oftaking assignment, subscribe to an oath or affirmation, as the case may members

be, set out in the First Schedule to this Act. 3::rtj!r"

12.-(1) A person shall cease to be a member of the Commissionupon the occurrence of any of the following events:

(a) death; '(b) resignation;(c) inability by reason of health;(d) removal by misconduct.(e) conviction for an offence which carries a custodial sentence

of not less than one month.

(2) For the purpose of better discharge of the functions of theCommission, there shall be a code of conduct prescribed in the SecondSchedule to this Act.

(3) A member of the Commission or the Secretariat who breachesthe provisions ofthe Code of Conduct shall be disqualified from continuingto be a member as such,

Cessa-tion ofmember-ship

Constitutional Review

Secreta-nat

13.-( 1) There shall be a Secretariat of the Commission to be headed

by the SecretarY.

(2) The Secretary shall be appointed by the President'

(3) The Secretary shall be responsible to the Commission and shall

p"rf-ir, ,u"h functions una ait"ttu'ge duties of the Secretariat'

(4) Other members of the Secretariat shall be appointed by the

Minister'

(5) The Secretariat shall have such number of public officers as may

benecessaryforbetterperformanceofthefunct ionsandtheexerciseofpowers of the Commission'

14.-(l) The expenses of the constitutional review process incurred

bv the Commission i;;;;;;"te with this Act shall be charged on

uila irru"O out of the Consolidated Fund'

(2) Members of the Commission and the Secretar iat

remunerated in such -unn"' as the Miriister may determine'

15. A member of the Commission or the Secretariat shall not be

liable to a civil action or suit for or in respect of any matter or thing done

or omitted to be done in good faith as a member of the Commission or

the Secretariat.

1 6.-( I ) The Commission shall' after the completion of assignment'

submit the report to the President'

(2) Upon receipt of the report' the President shall avail a copy of the

report to the Presid ent of Zanzibar'

(3) After considering the report ' the,President shall ' subject to

section 21, direct the Minister to present a Constitut ion Bil l to the

cons t i t uen t Assemb ly fo r enac tmen t o f p rov i s ions fo r t he

constitution.

Expensesof theCommt-ssion be

lmmunitYo fmembersof theCommis-sion andtheSecretariat

Submis-sion ofthe report

Constitutional Review

PART IVPROCTOURT OF THE cOtr,tVlSStON

I 7.-( I ) The Comm ission sliall perform its functions in accordance Mode ofwith this Act. operation

(2) For the purposes of the implementation of subsection (l), theCommission shall perform the following functions:

(a) arliculate and conduct awareness programmes on the existingconstitution;

(b) coordinate the collection of public opinions;(c) hold such number of meetings or similar fora in such places

and at such times as it shall determinel(d) make recommendations to the relevant constitutional organs

for consideration;(e) prepare a Draft Constitution Bill; and(f) prepare arrd submit a report to the relevant constitutional organs

in accordance with the Terms of Reference.

(3) The Cornmission may:

(a) for Mainland Tanzania,require the Ward Executive Officer orthe Mtaa or Vi llage Executive Officer to cause to be conveneda meeting of residents of a ward or Mtaa or village, as thecase may be: and'

(b) for Tanzania Zanzibar,require Sheha to cause to be conveneda meeting of residents of a Shehia,

forthe purpose of collecting public opinions on constitutional matters.

(a) The meetings and fora referred to in this section and in otherprovisions of this Act shall, exclusively, be for citizen of Tanzania.

(5) In order to facilitate effective discharge of its functions, theComrnission may forrn committees and may assign to any of suchcommittees general or specific matter to deliberate upon.

(6) The Commission may co-opt any person or engage any consultantas may be necessary for the proper performance of its functions.

(7) In the perfonnance of its functions, the Commission shall devisea metlrodology that is uniform and applicable in each part of the UnitedRepublic in the collection and analysis of public opinions, the conduct offora for constitutional review and the writing of the report.

j

l 1

I

rI

/ . ,

Powers tocol lectinforma-t ion

Cap.2

Report oftheCommis-slon

C o n,stitut ional Rev iew

18.-( l ) The Comrnission may ask any person who is wi l l ing toappear before it for discussion, orally or by production of,document, onany constitutional matters which the commission considers relevant rothe constitutional review process.

(2) In the performance of its functions under this Act, the Commissionshall examine and analyse ideas, views, information, opinions, proposalsand recommendations collected and collated including:

(a) a summary of the public opinions;(b) all documents reflecting on ideas, views and opinions of the

general public under the White Paper No. I of 1962 on theEstablishment of the Republic ofTanganyika, the presidentialCornmission on the Establishment of Democratic One-partySystem, the National Executive Committee of CCl,l proposedAmendments to the Const i tut ion of the United Republ ic ofTanzania, 1977 and the Constitution of Zanzibar, 1979, thePresidentia I Commission on S in gle Party or Mulri-part), Systemin Tanzania, l99l and the Committee for the collection ofviews on the Constitution ( the White Paper, No. I of l99S);

(c) the Independence Constitution of Tanganyika, l96l ;(d) the Constitution of the Republic of Tanganyika,1962..(e) the Articles of Union of the Republic of Tanganyika and the

Peoples' Republic of Zanzibar;(0 the Interim Constitution of the United Republic of Tanzania,

1965r(g) the Constitution ofthe United Republic ofTanzania,(h) the Constitution of Zanzibar,l979;(i) the Constitution of Zanzibar 1984O analytical and academic studies undertaken by the Commission;

and(k) any other relevant documents as the Commission mav consider

necessary.

19.-(l) On the basis of the examination and analysis undeftakenpursuant to section 19, the Commission shall prepare a reportcontaining:(a) a summary ofpublic opinions on each Terms of Reference;(b) recommendations of the Commission on each,terms of reference;(c) reports by consultants engaged by the Commission;(d) a Draft Constitution Bill: and(e) any other relevant information.

/l 0