Constitution of the United Republic of Tanzania, 1977
-(1) There shall be an Electoral Commission of the United Republic
- Jurisdiction
- United Republic of Tanzania
- Provision
- 74
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source74.-(1) There shall be an Electoral Commission of the United Republic
Commission which shall consist of the following members to be appointed by the President:
Act No.15
of 1984 (a) a Chairman who shall be a Judge of the High Court or a Justice of
Art.13 the Court of Appeal, who shall be a person with qualifications to be
Act No.4 an advocate and has held those qualifications for a period of not
of 1992 less than fifteen years;
Art.24 (b) a Vice-Chairman who shall be a person who holds, had held or is
Act No.7
of 1993 capable of holding an office of Judge of the High Court or a Justice
Art.2; of the Court of Appeal; and
Act No.3 (c) other members to be specified by a law enacted by Parliament.
of 2000 (2) The President shall appoint the Vice-Chairman of the Electoral
Art.14 Commission on the basis of the principle that where the Chairman hails from one
Act No.1
of 2005 part of the Union, the Vice-Chairman shall be a person who hails from the other
Art.14 part of the Union.
(3) The following persons shall not be eligible for appointment as
members of the Electoral Commission, that is to say -
(a) a Minister or Deputy Minister;
(b) a person holding any kind of office specified by a law enacted by
Parliament prohibiting a persons holding such office to be
appointed a member of Electoral Commission; and
(c) a Member of Parliament, a Councilor or other persons holding the
kind of office specified by a law enacted by Parliament in terms of
the provisions of paragraph (g) of subarticle (2) of Article 67 of
this Constitution; and
(d) a leader of any political party.
(4) Subject to the other provisions of this Article, a member of the
Electoral Commission shall cease to be a member whenever any of the following
occurs -
(a) upon the expiration of five years since his appointment; or
(b) where anything happens which, had he not been a member of the
Commission, would have made him ineligible for appointment to
be a member of the Commission.
(5) The President may remove a member of the Electoral Commission
from office only for failing to discharge his functions either due to illness or any
other reason or due to misconduct or loss of the qualifications for being a
member.
(6) The responsibilities of the Electoral Commission shall be:
(a) to supervise and co-ordinate the registration of voters in
Presidential and Parliamentary elections in the United Republic;
(b) to supervise and co-ordinate the conduct of the Presidential and
Parliamentary election;
(c) to review the boundaries and demarcate the United Republic into
various areas for the purposes of Parliamentary elections;
(d) to supervise and co-ordinate the registration of voters and the
conduct of the election of Councilors; and
(e) to perform any other functions in accordance with a law enacted by
Parliament.
(7) For the better carrying out of its functions, the Electoral Commission
shall be an autonomous department, and its chief executive shall be the Director of
Elections, who shall be appointed and shall discharge duties in accordance with a
law enacted by Parliament.
(8) Parliament may enact a law providing for the procedure for
supervising the election of Members of Parliament representing constituencies.
(9) The Electoral Commission may discharge its functions
notwithstanding that there is a vacancy among its membership or that one of its
members is absent, provided that every decision of the Commission must be
supported by a majority of all the members of the Commission.
(10) Parliament may enact a law providing for the procedure of
appointing delegates to supervise elections of constituency Members of
Parliament and, subject to the provisions of any law or the directions of the
Electoral Commission, the powers of the Electoral Commission to supervise the
elections may be exercised by such delegates.
(11) In discharging its functions in accordance with the provisions of this
Constitution, the Electoral Commission shall not be obliged to comply with orders
or directions of any person or any government department or the views of any
political party.
(12) No court shall have power to inquire into anything done by the
Electoral Commission in the discharge of its functions in accordance with the
provisions of this Constitution.
(13) In the discharge of its functions in accordance with this Constitution,
the Electoral Commission of the United Republic shall, from time to time, consult
with the Electoral Commission of Tanzania Zanzibar.
(14) It is hereby prohibited for persons concerned with the conduct of
elections to join any political party, save only that each of them shall have the
right to vote as provided for under Article 5 of this Constitution.
(15) For the purposes of subarticle (14), the persons concerned with the
conduct of elections are:
(a) the Chairman of the Electoral Commission;
(b) the Vice-Chairman of the Electoral Commission;
(c) all the members of the Electoral Commission;
(d) the Director of Elections together with all other employees of the
Electoral Commission; and
(e) all supervisors of elections in all towns and districts.
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