Constitution of the United Republic of Tanzania, 1977
-(1) Subject to the provisions contained in this Article, any person
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- United Republic of Tanzania
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Official source67.-(1) Subject to the provisions contained in this Article, any person
for Member of shall be qualified for election or appointment as a Member of Parliament if he -
Parliament
Act No.15 (a) is a citizen of the United Republic who has attained the age of
of 1984 twenty-one years and who can read and write in Kiswahili or
Art.13
Act No.4
English; and
(b) is a member and a candidate proposed by a political party.
of 1992 (2) A person shall not be qualified to be elected or appointed Member of
Art.19; Parliament if -
Act No.34
of 1994 (a) such person possesses or voluntarily acquires the citizenship of any
Art.13 other country;
Act No.12 (b) in accordance with a law applicable in the Untied Republic it has
of 1995 been formally certified that such person is of unsound mind;
Art.10 (c) such person has been convicted by any court in the United
Act No.3
of 2000 Republic and sentenced to death or to a term of imprisonment
Art.12 exceeding six months for any offence however styled involving
dishonesty;
(d) within a period of five years preceding the date of a general
election such person has been convicted and sentenced to
imprisonment for an offence involving dishonesty or for
contravening the law concerning ethics of public leaders;
(e) without prejudice to a person’s right and freedom to hold his own
views, to profess a religious faith of his choice, to associate with
others and to participate in community work in accordance with the
laws of the land, if he is not a member of, and a candidate proposed
by, a political party;
(f) such person has an interest in any Government contract of any kind
in respect of which special restrictions are prescribed by Act of
Parliament and he has contravened such restrictions;
(g) such person holds a senior office in the service of the Government
of the United Republic, not being an office of which the President
may or is required to appoint a Member of Parliament in
accordance with this Constitution or a law enacted by Parliament;
or
(h) in accordance with a law enacted by Parliament dealing with
offences concerning election of any kind such person has been
disqualified from registering as a voter or from voting in a
Parliamentary election.
(3) A person shall not be competent to contest for election as a
constituency Member of Parliament at any general election if he is at the same
time contesting for election to the office of President, nor shall he be competent to
contest for election as a Member of Parliament at any by-election if he is
President.
(4) Parliament may enact a law making provisions disqualifying a
person from being elected Member of Parliament representing a constituency if
such person holds an office whose functions involve the conduct of, or
supervision over, the election of Members of Parliament or the registration of
voters for the elections of Members of Parliament; save that such law shall not
make provision disqualifying the Speaker from being elected Member of
Parliament representing a constituency nor make provisions which cause a person
elected Speaker to vacate that office of Speaker or his ordinary seat as Member of
Parliament.
(5) Parliament may enact a law for the purpose of making provisions for
the disqualification of a person from being elected a Member of Parliament
representing a constituency for any period, to be specified by Parliament (save
that such period shall not exceed five years) if such person shall be convicted by a
court for any type of offences, in connection with the election of Members of
Parliament, as specified in that law.
(6) For the purposes of giving opportunity to appeal according to law to
any person who has been formally certified to be of unsound mind or convicted
and sentenced to death or imprisonment, or convicted for any offence specified
under the law in terms of subarticle (5) of this Article, Parliament may enact law
providing that such judgment being appealed against by that person shall have no
effect for the purposes of the provisions of subarticle (2) or (5) of this Article until
the expiration of the period to be specified in such legislation.
(7) The following rules shall apply for the purposes of interpreting
paragraphs (c), (d) and (e) of subarticle (2) of this Article, that is to say-
(a) where a person has been awarded two or more prison sentences to
run consecutively, such sentences shall be regarded to be separate
provided that each of the sentences does not exceed six months; but
if the period specified in any of the sentences exceeds six months,
such sentences shall be regarded as one sentence; and
(b) if a person is sentenced to imprisonment where he could otherwise
have been sentenced to a fine, or where the sentence of
imprisonment is imposed for failure to pay a fine ordered, then
such period of imprisonment shall not be taken into account.
(8) In paragraph (f) of subarticle (2) of this Article “Government
contract” means any contractual agreement in which one of the parties is the
Government of the United Republic or the Revolutionary Government of Zanzibar
or any department of that Government or any officer of the Government who has
taken part on behalf of the Government.
(9) [Subarticles (9), (10), (11) and (12) are repealed by Act No.4 of 1992
Art.19 (d)].
(10) For the purposes of interpretation of the qualifications for election
contained in the following Articles whenever it is stated in this Constitution that
the implementation of any matter requires a person who has the qualification for
election, or a person who has not been disqualified from election, then unless the
context requires otherwise, it shall be understood that the qualifications concerned
are those which enable a person to be elected a Member representing a
constituency as provided in subarticle (1) of this Article.
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