The constitution of the united republic of tanzania of 1977. Tanzanias constitutional reform predicament and the. The proposed draft constitution content preamble chapter one the united republic of tanzania article part one name, boundaries, symbols, language, national values 1. This is a petition by originating summons filed under sections 4 and 5 of the basic rights and duties enforcement act cap 3 r. Constitution of the united republic of tanzania, 1977. Oaths to be taken by ministers and junior ministers. The permanent constitution of the united republic of tanzania of 1977. More than a decade of decentralization in tanzania. This is the union constitution following a merger of two political parties ruled tanzania and zanzibar to unite and form one political party styled as chama cha mapinduzion february, 1977. Since 1977, several amendments have been applied to the original constitution. Before we proceed, we take judicial notice under section 58 1a of the law of evidence act cap. The constitution of the republic of tanzania was ratified in 1977.
This constitution shall apply to mainland tanzania as well as tanzania zanzibar. On one hand, marxist scholars see it as a tool of a ruling class haves to protect their interest and status quo in the society i. Before the current establishment, tanzania has had three constitutions. Now he is working on tweaking the constitution to fix it so that paul kagame and the rpf can in power yet another term after next election. Katiba ya jamhuri ya muungano wa tanzania, ya mwaka 1977. Power to specify qualifications for certain offices 109.
United republic of tanzania the constitution of the united. The nyalali commission on oneparty or multiparty vi. Constitution came into force on april 25, 1977 and established oneparty state. The object of this constitution is to facilitate the building of the united republic as a nation of equal and free individuals enjoying freedom, justice, fraternity and concord, through the pursuit of the policy of socialism and self reliance which emphasizes the application of socialist principles while taking into account the conditions prevailing in the united republic. Part 2 the legislature of the united republic composition of parliament and the. Appeal to court of appeal part v judicial committee 107. Katiba ya jamhuri ya muungano wa tanzania, ya mwaka 1977 26 april, 1977 c. The constitution of chama cha mapinduzi ccm in tanzania. May 05, 2020 a highly accessible, easy to use app version of the constitution of tanzania the supreme law of tanzania. The petitioners aver that the provisions are violative of articles, 21 and 29 of the constitution of the united. Constitution of the united republic of tanzania last.
Pdf the meaning and functions of constitution jackson. There are conflicting views as to what actually is the role or aim of the law in the society. Privacy and data protection in tanzania data privavcy laws. That says that the president can only be in charge for two terms of 5 years each. When tanzania s trade became costly and unworthy in east africa then the collapse of eac became inevitable in 1977. The eac treaty provides for the creation of a range of regional development, economic policy cooperation, trade.
That the referendum on the new constitution be held in 2016 after the 2015 general elections. Each region is subdivided into districts wilaya in swahili. The constitution of the united republic of tanzania of 1977 wipo. The organization shall be registered with the registrar of ngos at the ministry of internal affairs and the ministry of gender, labor and social development registrar at district levels. President julius nyerere appoints a twentyperson committee to make proposals for a constitution for the united republic, as well as the constituent assembly. Apartheid laws, nazi laws, negro laws, colonial laws, e. Articles 117 to 123 may not be correctly represented here. In the aftermath of the merger of the political parties in tanzania mainland and zanzibar, which led eventually to the formation of chama cha mapinduzi in 1977, the political structure was again reflected in the 1977 constitution of the united republic. First was president after nyerere was ali hassan mwinyi from 1985 to 1995. Tanzania united republic ofs constitution of 1977 with amendments through 2005. The constitution of tanzania, formally constitution of the united republic of tanzania and also known as permanent constitution or fourth constitution of. On the 40 th anniversary of the adoption of tanzania s first permanent constitution, nick branson points to where this distinctive document shows significant signs of strain. Tanganyika was subsumed under the government of the republic in 1964 acts of union, s.
Constitution of the united republic of tanzania 1977, as amended to 2005. The article provides for the purpose of establishing local governments in the country, that is to transfer powers to the people and local. The constitution of 1977 was seriously amended in 1985 by law no. Tanzania is divided into thirtyone regions mkoa in swahili. Tanzania has a special place after julius nyerere was in charge of the country since independence from 1964 to 1985. To vote on proposed constitutional amendments submitted by the legislative yuan by way of referendum. The legal and human rights centre lhrc, lawyers environmental action team leat and the national organization legal. On the 40 th anniversary of the adoption of tanzania s first permanent constitution, nick branson points to where this distinctive document shows significant signs of strain tanzania s 1977 constitution katiba in swahili provides for a dual government structure. Tanzania has a federal system of government, and zanzibar is given a great deal of.
Name of organization the name of the nongovernmental organization to be registered is mtoto wa tanzania hereinafter referred to in this constitution as. This 19834 constitutional debate was a fine example of. Tanzanian affairs tanzanias constitutional amendments. The constitution of the united republic of tanzania, 1977 cap. Key historical and constitutional developments from 1961 at the time of her independence up to 1977, when she got her permanent constitution, tanzania had 5 new constitutions namely. Reference to high court of cases involving interpretation of constitution 106. In this dissertation, we examined the legal status of the articles of union, in the constitution making process in tanzania, focusing on the new union constitution in 1 articles of union 1964. Many of these are related to the relationship between the united government and the zanzibar government. The permanent constitution of the united republic of tanzania of 1977 d.
The th amendment to the constitution of april, 2000 viii. Procedure for altering the constitution and certain laws. Constitution this is the constitution of mtoto wa tanzania. United republic of tanzania shall be performed under the auspices of the partyunited republic of tanzania, 2000. Tanzania s 1977 constitution katiba in swahili provides for a dual government structure. Chapter one part ii of this document contains the fundamental. Sovereignty of tanzania constitution is vested to the people. The 5thconstitution is the constitution of the united republic of tanzania of 1977. Decentralization is meant to realize article 146 of the constitution of united republic of tanzania of 1977. Under the 1977 constitution, the head of state and head of government of tanzania is the president s. In 1977, the government adopted the permanent constitution of the united republic of tanzania, 1977, consolidating changes that had been undertaken.
The territory of the united republic of tanzania 3. The right to privacy has been recognised in tanzania ever since the introduction of the bill of rights into the constitution of the united republic of tanzania, 1977 the constitution in 1984. This law is the supreme law of the sovereign united republic of tanzania which governs the area of mainland tanzania and the. Chapter one part ii of this document contains the fundamental objectives and directive principles of state policy. Tanzania is a member, with kenya and uganda, of the east african community eac, established by a 1999 treaty, which revived an earlier eac, defunct since 1977. The constitution of the united republic of tanzania urbanlex. Taiwan republic of chinas constitution of 1947 with. The constitution of the united republic of tanzania. The party that he started is still running the country. The constitution of mtoto wa tanzania 2 part ii constitution, denomination, registration, head office, area of operation 3. Uganda and tanzania, tanzania reacted by shifting southwards for better trade relations. Centre for human rights, university of pretoria, south africa pdf as amended to 30061995 pdf as amended to 30061995.
The constitution of the united republic of tanzania, adopted in 1977, recognises the right to education in article 11 as a fundamental objective and directive principle of state policy under part ii, not as a basic right part iii. In tanzania context, the constitution of the united republic of tanzania, 1977 is the superlative document over and above all other constitutions for any other small associations current existing in the united republic of tanzania. The government of zanzibar adopts a new constitution supporting the national constitution. Chris maina peter the open university of tanzania repository. It has set up an independent judiciary, among other organs of the state and does recognize the sacred right of individuals to acquire and own property. Article 16 of the constitution calls for the enactment of law that stipulates how privacy rights may be protected, pursued or interfered with by the. The constitution of tanzania, formally constitution of the united republic of tanzania and also known as permanent constitution or fourth constitution of tanzania, was ratified in 1977. Constitution of the united republic of tanzania incorporates and consolidates all. Several amendments were made to the interim constitution before the. Constitution of the united republic of tanzania 1977, as. Tanzanias national interest and the collapse of east african. The eac treaty provides for the creation of a range of regional development, economic policy cooperation, trade, and political coordination initiatives and entities.
Laws and regulations governing investments in tanzania. The fifth constitutional amendment as an exception to the rule. The constitution of the united republic of tanzania of. A new permanent constitution for tanzania is adopted. The wording of article 47 of kenyas constitution of 2010 is almost identical to that of the section 33 rights to just administrative action in south africas 1996 constitution. Constitution of the united republic of tanzania,1977 as of 2005. With respect to the rights of initiative and referendum, except as is provided in. Chenge 1 novemba, 2000 mwanasheria mkuu 2000 kimepigwa chapa na mpigachapa wa serikali dar es salaam tanzania. The 1977 constitution, with its subsequent amendments which will be discussed in the subsequent paragraphs, is the current constitution of tanzania nyanduga, 1985.
The districts are subdivided into divisions tarafa in swahili and further into local wards kata in swahili. The constitution of the united republic of tanzania 1977 author. Constitution of the united republic of tanzania the constitution of the united republic of tanzania, 1977 is the mother of all laws of the country. A new constitution for tanzania equals new hope for women. This law is the supreme law of the sovereign united republic of tanzania which governs the area of mainland tanzania and the whole area of zanzibar including its territorial waters. The constitution of the united republic of tanzania as further amended fourth constitution 1977 today one month after ccm was founded, the permanent constitution was approved. This means that the provisions of article 11 are not enforceable by any court article 7. It further, under article 202 prohibits registration of any political party that promote or further the interests of any religious faith or group, any tribal group, place of. The 1977 constitution rested on the three pillars namely imperial presidency, the twounion government and the one party state.
Tanzania united republic ofs constitution of 1977 with. But importantly was the birth of a single party in the country chama cha mapinduzi. New constitutionmaking in tanzania academic journals. The constitution consists of 152 articles divided in 10 chapters.
This model is unique in the african context, where several other states have established federations. Tanzania is one state and is a sovereign united republic. The constitution of the united republic of tanzania 1977 provides in its preamble that tanzania aims at building a democratic. United republic of tanzania 286 general provisions 104. This power is provided under article 8 sub article 1 paragraph a of the union constitution of 1977 as amended severally and article 9 sub article 2 paragraph a of the zanzibar constitution, 1984. This revised edition of the constitution of the united republic of tanzania incorporates and consolidates all amendments made therein by the constituent assembly in 1977 up to the 14 th amendment of 2005 and it is printed and published under section 4 of the laws revision act chapter 4. 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. Food and agriculture organization of the united nations. This constitution essentially confirmed the main principles of the republic and interim constitutions, i. Tanzania adopted the independence constitution of tanzania. Tanzania the constitution of the united republic of tanzania of 1977 as amended electronic and postal communications act act no.
The administrative divisions of tanzania are controlled by part i, article 2. Refworld constitution of the united republic of tanzania. Tanzanias constitutional reform predicament and the survival. Subject to the other provisions of this constitution, the high court shall. Tanzanias national interest and the collapse of east. Tanzania country constitutional profile constitutionnet.
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