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Bibliothèque Constitution of the United Republic of Tanzania, 1977.

Constitution of the United Republic of Tanzania, 1977.

Constitution of the United Republic of Tanzania, 1977.

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Date of publication
Décembre 1976
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The Constitution of the Republic of Tanzania was ratified in 1977. Since 1977, several amendments have been applied to the original Constitution. Many of these are related to the relationship between the united government and the Zanzibar government. This Constitution shall apply to Mainland Tanzania as well as Tanzania Zanzibar. The Constitution consists of 152 articles divided in 10 Chapters: The United Republic, political parties, the people and the policy of socialism and self reliance (1); The Executive of The United Republic (2); The Legislature of The United Republic (3); The Revolutionary Government of Zanzibar, The Zanzibar Revolutionary Council and the House of Representatives of Zanzibar (4); Dispensation of Justice in The United Republic (5); The Commission For Human Rights and Good Governance and the Public Leaders’ Ethics Secretariat (6); Provisions Regarding the Finances of The United Republic (7); Public Authorities (8);Armed Forces (9); Miscellaneous Provisions. It is completed by a Preamble and two Schedules. The First Schedule specifies, for purposes of article 4, matters of the Union. The Second Schedule lists Laws the amendment of which requires to be supported by at least two-thirds of all Members of Parliament.Tanzania is one State and is a sovereign United Republic (art. 1). The United Republic is a democratic, secular and socialist state which adheres to multi-party democracy (art. 3). 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. The organs vested with executive powers shall be the Government of the United Republic and the Revolutionary Government of Zanzibar; the organs vested with judicial powers shall be the Judiciary of the United Republic and the Judiciary of the Revolutionary government of Zanzibar; and the organs vested with legislative and supervisory powers over public affairs shall be the Parliament of the Untied Republic and the House of Representatives (art. 4). The President shall be the Head of State, the Head of Government and the Commander-in-Chief of the Armed Forces. Subject to the other provisions of this Constitution and of any other law, the President shall have authority to constitute and to abolish any office in the service of the Government of the United Republic. There shall be established local government authorities in each region, district, urban area and village in the United Republic, which shall be of the type and designation prescribed by law to be enacted by Parliament or by the House of Representatives (art. 145).Article 30 concerns limitations upon, and enforcement and preservation of basic rights, freedoms and duties. The President may proclaim a state of emergency in circumstances indicated in article 32. There shall be a Commission to be known as the Commission for Human Rights and Good Governance, whose functions shall be as prescribed in article 130 of this Constitution. The Constitution also a Public Leaders’ Ethics Secretariat, which shall have power to inquire into the behaviour and conduct of any public leader. In general amendments to the Constitution require the votes of two-thirds of all the members of the National Assembly. Amendments that affect the constitutional arrangements that constitute the Union with Zanzibar require a two-thirds majority of the National Assembly and the Zanzibari House of Representatives (art. 398)Taking into account the object of this Constitution the state authority and all its agencies are obliged to direct their policies and programmes towards ensuring, among other things: according equal opportunities to all citizens, men and women alike without regard to their colour, tribe, religion, or station in life; directing national wealth towards the eradication of poverty, ignorance and disease. All persons are equal before the law and are entitled, without any discrimination, to protection and equality before the law (art. 13). Every person is entitled to own property, and has a right to the protection of his property held in accordance with the law. It shall be unlawful for any person to be deprived of his property for the purposes of nationalization or any other purposes without the authority of law which makes provision for fair and adequate compensation (art. 24). Every person has the duty to protect the natural resources of the United Republic, the property of the state authority, all property collectively owned by the people, and also to respect another person’s property.

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