As such, article 4 of the constitution of the united republic of tanzania, 1977, provides for three organs of the government i. Critics are particularly directed at article 741 ac of this constitution which gives powers to the president, who is also the chairman of the ruling party to appoint top officials of the national electoral commission. Uganda 1995, south africa 1996, and tanzania the 1998 version of 1977. On december 10, 1963, zanzibar achieved independence as a member of the commonwealth. Tanzanias constitutional reform predicament and the. There shall be a high court of the united republic the jurisdiction of which shall be as specified in this constitution or in any other law.
Constitution of the united republic of tanzania, 1977. There is the tanzania mainland constitution referred to as the constitution of the united republic of tanzania, 1977 as amended severally, which includes issues of the union and the constitution of zanzibar which applies only to matters of zanzibar. 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. Part iii contains the basic rights and duties including. This constitution essentially confirmed the main principles of the republic and interim constitutions, i. The right to privacy in the united republic of tanzania. The high court of tanzania mainland was established by the judicature and application of the law ordinance, no. The constitution of the united republic of tanzania.
Constitution of the united republic of tanzania last amended 1985, 26 april 1977, available at. The functions and powers of each of the three organs are laid out in the 1977 constitution of the united republic of tanzania. The reform process, once finalised, will re place the current constitution, the constitution of the united republic of tanzania, 1977. Tanzanias constitutional reform predicament and the survival. After the merger of the tanu on the mainland and asp in zanzibar. The 1977 constitution, with its subsequent amendments, is the current constitution of tanzania. The constitution of the united republic of tanzania of 1977 wipo. Title, commencement and application of this constitution. According to article 9 of the 1977 constitution of the united republic of tanzania, the state and all its agencies are obliged to direct their policies towards ensuring human. The parliament of the united republic of tanzania said, march, 2011 at 9. Before the current establishment, tanzania has had three constitutions. The same party committee was appointed as the constitutional commission in accordance with the acts. To ensure that the islands are represented the constitution stipulates that at least five woman members must come from zanzibar. 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.
Pdf development of the freedom of religion in tanzania. This law is the supreme law of the sovereign united republic of tanzania which. November, 1967 an act to amend the interim constitution of tanzania, 1965 2nd march, 19681 enacted by the parliament of the united republic of tanzania. The constitution of the republic of tanzania was ratified in 1977. Centre for human rights, university of pretoria, south africa pdf as amended to 30061995 pdf as amended to 30061995. Please see regions of tanzania and districts of tanzania. The united republic of tanzania, consisting of the two partners in the union, mainland tanzania formerly tanganyika and zanzibar, is undertaking comprehensive constitutional reforms. Privacy and data protection in tanzania data privavcy laws. African farmers party afp, african progressive party of tanzania appt. The fifth constitutional amendment as an exception to the rule. The constitution of the united republic of tanzania of 1977. 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. Constitution number 5 of tanzania united republic of current age.
The legal and human rights centre lhrc, lawyers environmental action team leat and the national organization legal. The constitution of 1977 was seriously amended in 1985 by law no. The constitution of the united republic of tanzania5 guarantees a right to privacy under article 16. The constitution of the united republic of tanzania 1977 makes it mandatory to protect human health of each citizen in tanzania. Tanzanian affairs tanzanias constitutional amendments.
The revolutionary government of zanzibar, the zanzibar revolutionary council and the house of representatives of zanzibar 4. Enacted by the parliament of the united republic of tanzania. 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. 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. Jan 15, 2019 article 18 of the constitution of the united republic of tanzania states every person ahas a freedom of opinion and expression of his ideas bhas out right to seek, receive and, or disseminate information regardless of national boundaries chas the freedom to communicate and a freedom with protection from interference from his communication dhas a right to be informed at all times of. The legal and human rights centre lhrc, lawyers environmental action team leat and the national organization legal assistance nola filed the petition. Submission from the united nations country team 12th. Constitution of the united republic of tanzania 1977 cap 2 amendments up to 2005accessed 7 july 2020.
Article 14 states that every person has the right to live and to the protection of his life by the society in accordance with the law, which may be interpreted to mean that tanzanians are entitled to a healthy. Tanzanian affairs the parliament of the united republic of. Chapter one part ii of this document contains the fundamental. The judiciary of tanzania is the system of courts that interprets and applies the law in tanzania. The united republic, political parties, the people and the policy of socialism and self reliance 1. The 1977 constitution of the united republic of tanzania incorporates a number of enforceable fundamental human rights in its bill of rights and duties. Law of the fifth amendment of the state constitution. 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. This edition of the constitution of the united republic of tanzania, 1997, incorporates and consolidates all amendments made in the constitution since its enactment by the constituent assembly in 1977 up to the 30th june, 1995. Constitution of the united republic of tanzania 1977, as amended to 2005. 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.
The constitution of the united republic of tanzania 1977. The nec will have to approve thirty candidates, fifteen from each side of the united republic. These constitutions are discussed in the subsequent sections. There are in total eighteen 18 registered political parties in which are. The executive of the united republic section 3 chapter 3. In january 1964 the zanzibar government was overthrown by an internal revolution, sayyid jamshid ibn abdullah who had succeeded to the sultanate in july 1963 on his fathers death was deposed, and a republic was proclaimed. Constitution of the united republic of tanzania 1977, as amended. This act may be cited as the interim constitution of tanzania amendment no. A 1977 b 1967 c 1984 d 1964 e 1961 x the speaker of the united republic of tanzania is elected from the a members of parliament only b office of the parliament c lawyers and judges. Srivastava dar es salaam university press, 1983 constitutional history 29 pages. The current judiciary bases its foundation to the constitution of the united republic of tanzania of 1977. Refworld constitution of the united republic of tanzania. Since 1977, several amendments have been applied to the original constitution. Repeal of the constitution of the united republic of tanzania, 1977.
The constitution consists of 152 articles divided in 10 chapters. United republic of tanzania the constitution of the. In pumbun v attorney general 199334 the tanzanian court of appeal held that a claw back clause in the tanzanian constitution must strictly be construed. Civil jurisdiction of the high court of the united republic. There are three organs for central government of the united republic of tanzania. Civil jurisdiction of the high court of the united.
Tanzania united republic ofs constitution of 1977 with. This 19834 constitutional debate was a fine example of. There are basically two constitutions in the united republic of tanzania. The permanent constitution of the united republic of tanzania of 1977. 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 government. United republic of tanzania shall be performed under the auspices of the party united republic of tanzania, 2000. The constitution of the united republic of tanzania, 1977 by tanzania. Guide to tanzanian legal system and legal research globalex.
The united republic of tanzania was created from the union of two former colonial. The constitution of the united republic of tanzania, 1977 2 this edition of. 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. Attorney general for the government of the united republic 59 60. Special constitutional court of the united republic of tanzania. Since 1961 tanzania has had four constitutions namely. Constitution of the united republic of tanzania incorporates and consolidates all. The constitution of the united republic of tanzania, 1977 cap. The government of the united republic and its authority. Tanzanian courts have, on a number of occasions, refused to be held back by the dualist theory by holding that the constitution incorporates the universal declaration of human rights.
This is a petition by originating summons filed under sections 4 and 5 of the basic rights and duties enforcement act cap 3 r. But importantly was the birth of a single party in the country chama cha mapinduzi ccm as a result of the merger of the two parties tanu and asp, which continued to function on tanzania mainland and zanzibar respectively. Privacy and data protection in tanzania data privavcy. United republic of tanzania the constitution of the united republic of tanzania of 1977 1998 section 1 chapter 1 the united republic, political parties, the people and the policy of socialism and self reliance section 2 chapter 2. Constitution of the united republic of tanzania 1977, as amended to 2005 english. Local government authority is exercised through regional and district commissioners. United republic of tanzania the constitution of the united. The united republic, political parties, the people and. The united republic of tanzania, as it is known today, is a union of the former british trust. United republic of tanzania the constitution of the united republic of tanzania of 1977 1998 section 1 chapter 1 the united republic, political parties, the people and the policy of socialism and self reliance section 2. The territories and regions of the united republic.
In 1977, the government adopted the permanent constitution of the united republic of tanzania, 1977, consolidating changes that had been undertaken. The constitution of the united republic of tanzania, 1977. Constitution of the united republic of tanzania 1977, as. Table of contents chapter i the united republic, the party and the people part 1 the united republic and the party section title 1. The united republic act, 2008 tanzania online gateway. Zanzibari law overall is governed by the constitution of the united republic of tanzania, 1977, the main provisions of which are discussed. Constitution of the united republic of tanzania last. 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. 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 constitution shall apply to mainland tanzania as well as tanzania zanzibar.
Under the constitution of tanzania, justices and magistrates are independent of the government and subject only to the constitution and the law. The constitution of the united republic of tanzania of. In accordance with article 3 1 of the constitution of the united republic of tanzania, 1977, tanzania is a democratic country with a multiparty political system since july, 1992. United republic of tanzania 286 general provisions 104. Jamhuri ya muungano wa tanzania, is a country in east africa within the african great lakes region. In nominating them the uwt has to give equal consideration to candidates from both parts of the united republic. Food and agriculture organization of the united nations. This constitution was further amended in 1980 to take account of a significant evolutionary. But importantly was the birth of a single party in the country chama cha mapinduzi. Articles 117 to 123 may not be correctly represented here. The constitution of the united republic of tanzania urbanlex. Chapter one part ii of this document contains the fundamental objectives and directive principles of state policy.
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