Constitution of the United Republic of Tanzania, 1977
-(1) Notwithstanding the provisions of Article 46 of this Constitution,
Status: in_forceRetrieved: 2026-08-18T06:44:04.065037+00:00Release: constitutions-global-20260821-v2
46A.-(1) Notwithstanding the provisions of Article 46 of this Constitution,
by the National the National Assembly may pass a resolution to remove the President from office
Assembly
Act No.20 if a motion to impeach the President is moved and passed in accordance with the
provisions of this Article.
of 1992 (2) Subject to the other provisions of this Article, no motion to impeach
Art.8 the President shall be moved save only if it is alleged that the President has -
Act No.12
of 1995 (a) committed acts which generally violate Constitution or law
Art.4 concerning ethics of public leaders;
(b) committed acts which contravene the conditions concerning the
registration of political parties specified in Article 20(2) of this
Constitution; or
(c) 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 -
(a) a written notice signed and supported by not less the twenty per
cent of all Members 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; and
(b) 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
Members 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 -
(a) the Chief Justice of the United Republic who shall be the
Chairman;
(b) the Chief Justice of Tanzania Zanzibar; and
(c) 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 and affording the President an opportunity to be heard 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 has received 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 debate the report and
afford the President the opportunity to be heard and by votes of not less than two
thirds majority of all the Members of Parliament, the National Assembly shall
pass a resolution that either the charges against the President have been proved
and that he is unworthy of continuing to hold the office of President, or 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 the resolution 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.
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