The Constitutional Review (Amendment) Act, 2013
This section gives the Act its citation name and says it should be read together with the Constitutional Review Act as the principal Act.
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- The Constitutional Review (Amendment) Act, 2013
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This section gives the Act its citation name and says it should be read together with the Constitutional Review Act as the principal Act. This section inserts two new definitions into section 3: “Draft Constitution” and “Standing Orders.” The Clerk of the Constituent Assembly may, after consulting the Chairman, invite the Chairman, Vice Chairman, or another member of the dissolved Commission to provide clarification during Assembly debates. The President must invite each specified group to submit up to nine names and must consider qualifications, experience, and gender balance when appointing members. This provision amends the principal Act by inserting a new section immediately after section 22, titled “interim Chairman.”
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Provisions of The Constitutional Review (Amendment) Act, 2013
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- 1 Verify source ↗
This Act may be cited as the Constitutional Review (Amendment)
This section gives the Act its citation name and says it should be read together with the Constitutional Review Act as the principal Act.
1. This Act may be cited as the Constitutional Review (Amendment) Act, 2013 and shall be read as one with the Constitutional Review Act, hereinafter referred to as the "principal Act". Construc tion C ap.83 - 2 Verify source ↗
The principal Act is amended in section 3, by inserting in the
This section inserts two new definitions into section 3: “Draft Constitution” and “Standing Orders.”
2. The principal Act is amended in section 3, by inserting in the appropriate alphabetical order the following new definitions: Amend ment o f section 3 "Draft Constitution" means the draft constitution prepared by the Commission under this Act; "Standing Orders" means the Standing Orders o f the Constituent Assembly made under this Act". / 1 No. 7 Amend ment o f section 20 Amend ment o f section 22 Constitutional Review (Amendment) ___________ 2013 - 3 Verify source ↗
The principal Act is amended in section 20 by deleting subsection
The Clerk of the Constituent Assembly may, after consulting the Chairman, invite the Chairman, Vice Chairman, or another member of the dissolved Commission to provide clarification during Assembly debates.
3. The principal Act is amended in section 20 by deleting subsection (4) and substituting for it the following: "(4) Notwithstanding the dissolution o f the Commission under section 37(1), the Clerk o f the Constituent Assembly may, upon consultation with the Chairman o f the Constituent Assembly, invite the Chairman, Vice Chairman or any other member of the dissolved Commission to give clarification which may be required during the debates o f the C onstituent Assembly." - 4 Verify source ↗
Section 22 o f the principal Act is amended
The President must invite each specified group to submit up to nine names and must consider qualifications, experience, and gender balance when appointing members.
4. Section 22 o f the principal Act is amended- (a) by deleting the opening phrase o f paragraph (c) appearing in subsection (1) and substituting for it the following: "(c) one hundred and sixty six m em bers appointed by the President in agreement with the President o f Zanzibar from the following:" (b) deleting paragraph (vi) and substituting for it the following: (vi) the Trade Union Organisations; (c) by inserting the following provisions after subsection (2): "(2A) The President shall invite each group specified under subsection (1) (c) to submit to him-a list o f not more than nine names o f persons for appointment o f three persons from the list as members: Provided that, the list shall, for every name pro posed, indicate the age, gender, experience, qualifica tions and place o f abode o f such person. (2B) In appointing m em bers o f the C onstituent A ssem bly under subsection (l)(c), the President shall have regard to: (a) qualifications and experience o f persons nominated; and (b) gender balance. "A ddition o f section 22A - 5 Verify source ↗
The principal Act is amended by
This provision amends the principal Act by inserting a new section immediately after section 22, titled “interim Chairman.”
5. The principal Act is amended by- fa) adding immediately after section 22 the following new section: "interim Chairman - 22A Verify source ↗
(1) Without prejudice to the provisions o f section 23,
After the Constituent Assembly is convened, the clerks of the National Assembly and House of Representatives must manage and supervise the election of the Interim Chairman. The elected Interim Chairman cannot contest for the chairmanship.
22A .-(1) Without prejudice to the provisions o f section 23, after the convening o f the Constituent Assembly, the Clerk o f the National Assembly and the Clerk o f the 2 2013 Constitutional Review (Amendment) No. 7 House o f Representatives shall manage and supervise the process o f electing the Interim Chairman of the Constituent Assembly who shall preside over the proceedings o f the Assembly for the purposes of: (a) developing and adopting the Standing Orders of the Constituent Assembly; and (b) conducting the election o f the Chairman and Vice Chairman of the Constituent Assembly. (2 ) T he Interim C hairm an e le c te d by the Constituent Assembly under subsection (1) shall not be eligible to contest for the chairmanship of the Constituent Assembly." - 6 Verify source ↗
The principal Act is amended in section 23 by
A member cannot be nominated or elected as Chairman or Vice Chairman unless the member meets the stated qualification and conviction requirements.
6. The principal Act is amended in section 23 by— (a) adding immediately after subsection (3) the following: Amend ment o f section 23 "(4) A member shall not be eligible for nomination or election as a Chairman or Vice Chairman unless that m em ber- (a) possesses a degree from a recognized university; (b) possesses proven experience and competence in chairing public assemblies or fora; (c) has not been convicted by any court in the United Republic and sentenced to a term o f im prisonm ent exceeding six months for any offence involving dishonesty and moral turpitude. (5) Procedure for application, nomination and election o f Chairman and Vice Chairman shall be as may be prescribed in the Standing Orders." (b) renumbering subsections (4), (5) and (6) as subsections (6), (7) and (8) respectively;" - 7 Verify source ↗
The principal Act is amended in section 24 by- (a) deleting
The Clerk of the Constituent Assembly must, after consulting the Deputy Clerk, choose needed staff from specified public bodies, and those staff are to be on secondment for the prescribed period.
7. The principal Act is amended in section 24 by- (a) deleting subsection (4) and substituting for it the following: Amend ment o f section 24 "(4) The Clerk of the Constituent Assembly shall, upon consultation with the Deputy Clerk, select such number o f staff from the National Assembly, the House o f Representatives, Offices o f the Attorney General o f the United Republic and 3 No. 7 Constitutional Review (Amendment) 2013 Zanzibar and from other public institutions, as may be necessary for better perform ance o f the functions o f the C onstituent Assembly. (5) The staff selected under subsection (4) shall be under secondment for the prescribed period o f the Constituent Assembly." (b) renumbering subsection (5) as subsection (6). Amend ment o f section 26 - 8 Verify source ↗
Section 8
If the required two-thirds support is not reached, the Chairman must identify disputed issues, the Constituent Assembly must hold further votes, and the matter is decided by the majority rules stated here.
8. The principal Act is amended in section 26 by adding immediately after subsection (2) the following: "(3) Where the support o f two third majority of the total number o f members is not attained as required under subsection (2), the Chairman o f the Constituent Assembly shall identify issue or issues in controversy for the purpose o f voting for the second time in respect o f such issue or issues. (4) The issue or issues as identified under subsection (3) shall be passed by the Constituent Assembly based on the support o f two third majority o f the total number of members hailing from Mainland Tanzania and two third majority o f the total number o f members hailing from Tanzania Zanzibar. (5) Where the support of two third majority is not attained as required under subsection (4), the Constituent Assembly shall vote for the third time, and the issue or issues shall be determined by simple majority o f the total number o f members hailing from Mainland Tanzania and simple majority o f the total number of members hailing from Tanzania Zanzibar. (6) Upon completion of voting under subsection (5), the proposed Constitution shall be deemed to have been passed by the Constituent Assembly and the provisions of the Referendum Act shall apply. (7) Procedures for voting under this section shall be as prescribed in the Standing Orders." Amend ment o f section 27 - 9 Verify source ↗
The principal Act is amended in section 27 by deleting subsection (2)
This section amends section 27 of the principal Act and replaces subsection (2) with text protecting freedom of opinion in Constituent Assembly debates.
9. The principal Act is amended in section 27 by deleting subsection (2) and substituting for it the following: "(2) There shall be freedom o f opinion in the debates of the Constituent Assembly and such opinion o f the members shall not 4 2013 Constitutional Review (Amendment) No. 7 be questioned in any court or place outside the Constituent Assembly. (3) The procedure o f debates in the Constituent Assembly shall be prescribed in the Standing Orders". - 10 Verify source ↗
The principal Act is amended in section 28 by adding immediately
The Constituent Assembly must deliberate on the Draft Constitution within 70 days of convening. The Chairman may extend that period if consultation and approvals are obtained.
10. The principal Act is amended in section 28 by adding immediately after subsection (2) the following provision: "(3) W ithout prejudice to subsections (1) and (2), the Constituent Assembly shall deliberate on the Draft Constitution within a period not exceeding seventy days from the date on which the Constituent Assembly convened. (4) The C hairm an o f the C onstituent Assem bly, after consultation with the Vice Chairman may, upon approval by the President in agreement with the President o f Zanzibar, extend the period under subsection (3) for such period as may be appropriate to accom plish the functions o f the C onstituent Assembly." Amend ment o f section 28 - 11 Verify source ↗
The principal Act is amended in section 37 by deleting subsection
This section replaces section 37(1) so that the President must dissolve the Commission by Gazette Order when the Draft Constitution is submitted by the Constituent Assembly under section 20(3).
11. The principal Act is amended in section 37 by deleting subsection (1) and substituting for it the following: Amend ment o f section 37 "D issolu- Commis sion 3 7 . —( 1 ) Upon submission o f the Draft Constitution C °nst‘tuent Assembly under section 20(3), the to President shall, by Order published in the Gazette, dissolve the Commission." Passed in the National Assembly on the 6th September, 2013. Dk. T h o m a s D. K a s h il il a h , Clerk o f the National Assembly 5
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