The Referendum Act, 2013
This section says the Act may be cited as the Referendum Act, 2013, and it starts on a date set by the Minister by notice in the Gazette.
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This section says the Act may be cited as the Referendum Act, 2013, and it starts on a date set by the Minister by notice in the Gazette. This provision says the Act applies to Mainland Tanzania and to a referendum in relation to the proposed Constitution for Tanzania Zanzibar. This provision defines key terms used in the referendum law, including Commission, President, referendum officer, polling station, voter, and related offices. The President, acting with the President of Zanzibar, must order a referendum within 14 days after receiving the proposed Constitution, and the Commission must publish the referendum question within 7 days after the proposed Constitution is published. The Commission must set referendum dates and awareness periods, return officers must notify their constituencies, and approved civil society or NGO civic education activities must be reported to the Commission.
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Provisions of The Referendum Act, 2013
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Part
PART I
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This section says the Act may be cited as the Referendum Act, 2013, and it starts on a date set by the Minister by notice in the Gazette.
1. T his Act may be cited as the Referendum Act, 2013 and shall come into operation on the date to be appointed by the Minister by order published in the Gazette. - 2
This provision says the Act applies to Mainland Tanzania and to a referendum in relation to the proposed Constitution for Tanzania Zanzibar.
2. This Act shall apply to Mainland Tanzania and lor to a referendum in relation Tanzania Zanzibar approval of the proposed Constitution. 5 N o.ll Interpretation Referendum 2013 In this Act, unless the context requires - 3 Verify source ↗
Short title and commencement
This provision defines key terms used in the referendum law, including Commission, President, referendum officer, polling station, voter, and related offices.
3. othcrwisc- "agcnt” means a person duly appointed by a referendum committee and rcuis'tcrcd bv the Commission to act both as a counting agent and a polling agent for the purposes of this Act; V * "Attorney General” means the Attorney General of the United Republic or as the case may be the Attorney General of Zanzibar; "Commission” means the National Electoral Commission and the Zanzibar Electoral Commission; “Constitution” means the Constitution of the United Republic o f Tanzania 1977; “constituency” means a constituency for the purposes of elections of the member of the National Assembly or the House of Representative; ‘‘deputy referendum officer” means the person appointed under section 7(2); "deputy referendum returning officer" means the person appointed under sections 7(1); “Director” has a meaning ascribed to it under the National Elections Act and the Zanzibar Elections Acts; “High Court” means the High Court o f Tanzania and the High Court of Zanzibar and their respcctivc registries shall be construed accordingly; “Minister” means the Minister responsible for electoral affairs; “polling station” means a room or placc designated and equipped for the casting of vote by a voter at a referendum; “President” means the President of the United Republic; “proposed Constitution” means an enactment of the Constituent Assembly which the subject of the referendum; “referendum” means a public vote or a poll cast in accordance with the provisions o f this Act for the purpose of attaining people's decision on the is No. ll Referendum 2013 proposed constitution; “referendum campaign period” means the period specified as such by the President pursuant to section 4; “referendum committee” means the committee established under section 12; “referendum coordinator” mean a person appointed under section 8(1); “referendum officer” means a person appointed under section 7(2) for the purpose of conducting the referendum at a polling station; “referendum period” means a referendum period specified by the President pursuant to section 4; “referendum returning officer” means a person appointed under section 7(1); “voter’s card” means a card issued to a voter by the the person’s Commission as an evidence o f registration in the register of voters; “voter” means a person qualified to vote at an election in accordance with the law governing election foi Presidential or a Member o f the Parliament or House of Representatives. PART II CONDUCT OF REFERENDUM Power to initiate a referendum
Part
PART II
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The President, acting with the President of Zanzibar, must order a referendum within 14 days after receiving the proposed Constitution, and the Commission must publish the referendum question within 7 days after the proposed Constitution is published.
4.-(l) The President in Consultation with the President o f Zanzibar shall, within fourteen days from the date of receiving the proposed Constitution, by Order published in the Gazette, direct the Commission to conduct a referendum on the proposed Constitution. (2) An Order for a referendum shall be in the Form set out in the Schedule to this Act, and shall- (a) specify the proposed Constitution to be determined; (b) specify the period within which the referendum campaign shall be conducted; and (c) specify the period within which a referendum shall be held. 7 No. 11 Referendum 2013 (3) For the purpose of subsection the Commission shall, within seven days after the publication of the proposed Constitution, frame and publish in the Gazette the question to be determined by the referendum. (2), (4) The question to be asked to the referendum shall require the voter to indicate whether the voter approves or does not approve the proposed Constitution and shall be so framed in the manner which requires the voter to answer -Y ES” or “NO”. Notice o f holding referendum - 5
The Commission must set referendum dates and awareness periods, return officers must notify their constituencies, and approved civil society or NGO civic education activities must be reported to the Commission.
5.-(l) The Commission shall, within fourteen days after publication of the referendum question in the Gazette, spccifv- (a) the period for sensitization and public awareness on the referendum for the proposed Constitution: (b) the day on which the referendum is to be held; and (c) the polling time of the referendum. (2) Every referendum returning officer shall, within twenty one days from publication of the notice by the Commission, respective constituency about the procedure for the conduct of the referendum. public notify the his in (3) For the purposes of sensitization and public awareness on the referendum for the proposed Constitution, the Commission shall provide civic education on the proposed Constitution for the period of sixty days from the date of publication of the proposed Constitution in the Gazette. to (3), civil allow (4) Without prejudice subsection societies the Commission may non governmental organisations which are interested in carrying the out civic education or awareness programme on proposed Constitution to carry out civic education or awareness programme for a period of not more than sixty days prior to the voting date. and (5) A civil society or non-governmental 8 N o. ll Referendum 2013 organisation which has been allowed to carry out civic the proposed education or awareness programme on Constitution shall notify the Commission of the date, place and time within which it shall carry out civic education or awareness programme. (6) Where the Commission refused a civil society or non-governmental organisation to carry out civic education or awareness programme, the Commission shall state the reasons thereof. R e sp o n si bilities o f the C o m m iss io n . - 6
The Commission is responsible for supervising the referendum, overseeing its general conduct, promoting and regulating voters’ education, and organizing and supervising the poll during the referendum.
6.-(l) Save as otherwise provided for under this Act, the Commission shall be responsible for- (a) supervision of referendum; and the general conduct o f a (b) promotion and regulation o f voters’ education for the referendum. (2) The Commission shall organize and supervise the conduct of poll during the referendum. (3) During the conduct o f a referendum, the Commission shall not be subject to the direction or control o f any person or authority. - 7
The Commission appoints referendum returning officers for each constituency, may appoint deputies, and must issue guidelines for appointments and objections.
7.-(l) The Commission shall upon consultation with the Commission appoint a referendum returning officer 'for each constituency and may appoint such deputy referendum returning officers for the constituency as it may consider necessary. (2) The referendum returning officer shall upon consultation with the Commission, appoint referendum officers and deputy referendum officers to preside at a polling station. R e fe re n d u m R etu rn ing officer (3) The Commission shall issue guidelines providing for the appointment referendum returning officers and management of objections against such appointments. (4) The guidelines issued under subsection (3) shall be binding upon the referendum returning officers. (5) A deputy referendum returning officer shall, 9 N o.ll Referendum 2013 lo subjcct the general direction and control of the referendum returning officer, have all the powers and may perform all the duties of the referendum returning officer under this Act. (6) A deputy referendum officcr may, upon the direction and control of the referendum officer, perform any act which the referendum officer is required or authorized lo perform under this Act; cxccpt that such officer shall not have power lo order the arrest of any person or the exclusion or removal of any person from a polling station. (7) Every appointment of a referendum returning officcr and a referendum deputy returning officer under this section the Commission may deem ncccssary. in such manner as shall be published Appointment o f o th er officers (8) Any officer appointed under this Act shall, before assuming office, lake an oath or affirmation in the manner to be prescribed by the Commission and be partial in performing his duties. - 8
The Commission may appoint regional referendum coordinators and any other necessary staff for a referendum.
8.-(l) The Commission may, during a referendum, appoint by office or by name in respect of every region, a regional referendum coordinator to coordinate information, the availability of material resources and other matters necessary for the efficient conduct o f referendum in constituencies within the Region. (2) The Commission may appoint such other staff as it deems necessary to assist in the conduct o f the referendum and such staff may, subject to the general or specific directions of the Commission, exercise any or all o f the duties and powers conferred or imposed upon the Commission under this Act or any other written law. Right to vote at referend um C a p .343 A ct N o. 11 o f 1984 - 9
People listed in the voter register can vote in the referendum unless another written law bars them, and referendum officers must check identity documents and may require a declaration form if a voter has lost their card.
9.-(l) The register of voters established under the National Elections Act and the Zanzibar Elections Act shall be the register of voters for the purpose of the referendum. (2) A person whose name is entered in the register o f voters established under the National Elections Act or the Zanzibar Elections Act shall, unless that person is 10 No.ll Referendum 2013 prohibited from voting by any other written law, be entitled to vote at the referendum. (3) A referendum officer shall require a person applying for a ballot paper to produce the voter's card issued by the Commission as a sufficient proof of identity of that person claiming to be entitled lo vote. (4) Where a person is a registered voter and his particulars arc available in the voters’ register but has lost the voter’s card, the referendum officcr shall, before allowing that person lo vote, require that person fill a declaration form prescribed by ihc Commission. Polling areas and po llin g stations - 10
The Electoral Commission must divide referendum constituencies into polling areas, label them, appoint polling stations, and publish a Gazette notice about them.
10.-(1) flic Commission shall- (a) divide each constituency the referendum is to be held into polling areas or dcclarc any particular constituency lo be a single polling area; in which (b) (c) assign to each polling area distinctive number or letter or a combination of both number and letter; appoint the polling station or stations for each polling area; and (d) publish in the Gazelle a notice spccifying- (i) (ii) the polling area for cach constituency; the distinctive number, letter or their combination, assigned lo each polling area. In determining the boundaries of the polling (2) areas the Commission shall have regards to- (a) the existing polling stations in a given constituency; (b) geographical considerations; (c) population; and (d) any other factors affecting communication between various places within the polling area. Use o f public facilities - 11 Verify source ↗
Power to initiate a referendum
The Commission may use public facilities as polling stations free of charge, and may use private facilities when needed if the private owner consents.
11.-(l) The Commission may, free o f charge, use any public facility as a polling station. 11 No.ll Referendum 2013 (2) The Commission may when need arises use private facilities after obtaining conscnt of the private owner. PART III THE R EFEREN D U M C O M M ITTEES H stahlishincnt o f R e fe re n d u m C o m m it te e s
Part
PART III
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This provision establishes referendum committees at different levels and says the committees must be made up of groups, associations, civil society organisations, or persons who support or oppose the referendum question during the referendum period.
12.-(1) There committees at the National committees at the constituency level. is established referendum level and two referendum two referendum committees established (2) The under subsection (1) shall be composed of groups of society organization or persons, the support or oppose organizations referendum question during the referendum period. associations, civil to intending R egistration o f referen d u m C o m m itte e s - 13
A referendum committee must apply for registration before the campaign period, appoint a leader first, and meet the stated filing requirements.
13.-0) A referendum committee shall, within twenty one days prior to the referendum campaign period, apply to the Commission for registration for the purposes of conducting referendum campaign. (2) livery referendum committee that intends to apply for registration shall, before applying, appoint a leader. (3) The leader appointed under subsection (2) shall be responsible for- (a) all the affairs of the registered referendum committee; (b) appointment of agents of the referendum committee; and (c) provision of the sample signatures of the agents to- (i) (ii) committee Commission, where is the referendum national level; and returning officer, referendum the where the referendum committee is at the Constituency level. the the at 12 No.ll Referendum 2013 (4) An application under this section shall be accompanied by information and statements showing that the applicant adequately represents those campaigning for or against a referendum question. (5) An application for registration shall be signed by the leader of the referendum committee and shall- (a) set out- (i) (ii) the the full name of the committee; full name, address, telephone number of the leader of the committee; (iii) the name, address telephone number and title of each officer of the committee; and (iv) the address and telephone number of the office of the committee to which communication may be addressed: address number of the agents; (v) the name, telephone and (b) disclose its sources of funds; (c) indicate the areas the committee intends lo support or oppose the referendum question; and in which (d) be accompanied by a statement signed by the the agent has accepted that the leader appointment as an agent. (6) On rcccipt of an application for registration of a referendum committee, the Commission or, as the case may be, the referendum returning officer shall, within seven days after determination of the application, register or refuse to register the applicant and in case o f a refusal, stale reasons thereof. (7) A referendum committee shall not be registered if- (a) the name of the commitlcc resembles the name referendum of committee that the committee is likely lo be registered confused with that previously previously registered a 13 No.ll Referendum 2013 committee; or (b) the Commission or as the case may be. the referendum returning officc is not satisfied that the applicant adequately represents the person he is campaigning for a particular outcome. (8) The registration of a referendum committee shall be valid for the referendum campaign period. R e giste r o f ag ents - 14
The Commission must keep a register of agents for registered referendum committees and record each agent’s name, address, and telephone number.
14. The Commission shall maintain a register of the agents of registered referendum committees in which shall be recorded the name, address and telephone number of the agents of each such committee. A p p o in tm e n t o f ag ents at a po lling are a - 15
Leaders of referendum committees must appoint no more than two agents for each polling area where polling is taking place.
15.-(1) The leaders o f all referendum committees shall appoint not more than two agents to be present where polling is taking place at each polling area. (2) livery person appointed as an agent pursuant to this section shall be appointed in writing and be issued with an in any referendum activities and shall lake such oath o f office as the Commission may specify. identity card prior lo engagement R efe ren d u m q uestion c a m p a ig n - 16
A referendum committee may campaign for 30 days during the referendum period, but it cannot start until the Commission announces the start date. Campaigns must stop 24 hours before polling, and the Commission prescribes the announcement form.
16.-(1) A referendum committee supporting or opposing referendum question may carry out campaigns to support or oppose the referendum question for a period of thirty days during the referendum period. the (2) A referendum committee shall not commence a campaign under subsection (1) unless the Commission announces the dale on which the campaign will commence. (3) All campaigns referred lo in subscclion (1) shall cease twenty-four hours before the start of polling. (4) The announcement for commencement of referendum campaign shall be in the form prcscribcd by the Commission. R e fe re n d u m c a m p a ig n - 17
A referendum committee must run and pay for its own campaign, disclose funding sources to the Commission, and keep that disclosure confidential except in specified complaint, investigation, or court proceedings.
17.-(1) A referendum committee shall conduct and fund its own referendum campaign. 14 No.ll Referendum 2013 ex p en se s (2) A referendum Committee shall disclose the sources of its funds to the Commission. (3) The disclosure of funds under this section shall be confidential and shall not be divulged except where such information is the subject of complaint lodged by any person, Director or investigation initiated by the Director or if it is the subject of proceedings in the court of law. (4) For the purpose of implementation of this section, the Minister in consultation with the Minister responsible for elections affairs in Zanzibar shall, by order the Maximum amount of in referendum expenses depending on the different in the size of constituency. the Gazelle, prescribe (5) The Commission shall prescribe the procedure for disclosure of the sources of the funds by the referendum Committee and the audit of the expenses incurred by the refcrendum Campaign. PART IV VOTING AT A REFERENDUM
Part
PART IV
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Referendum voting is by secret ballot, and voters generally must vote only in their registered area and only once.
18.-(1) Voting at a referendum shall be by secret ballot and shall be held in accordance with the provisions o f this Act. (2) Except for persons prescribed under section 37, a person shall not vote in an area other than that which he is registered as a voter. (3) A person shall not cast more than one vote at a referendum. (4) Notwithstanding any provision of this Act, where a registered voter is employed as a referendum returning officer, referendum officcr, police officer, polling agent or any other officer working for or on behalf of the Commission at a polling station other than the polling station he was registered, the Director or any person in that behalf by the Director may, by a authorized certificate under his hand, authorize the voter to vote in 15 V otin g at a referendu m . i No.ll Referendum 2013 E q u ip m e n t o f p olling stations such constituency, and that polling station shall, for the purposes of this Act, be deemed to be the polling station allocated to such voter. - 19
The referendum returning officer must supply ballot boxes and ballot papers to referendum officers, and the returning officer must equip polling stations. The referendum officer must control how many voters enter a polling station at one time and keep out other people except listed categories.
19.-(1) The referendum returning officcr shall provide to each referendum officcr with such number of ballot boxes and ballot papers to the extent o f the needs of the effective carrying out of the for polling station provisions of this Act. (2) livery ballot box shall be constructcd- (a) with an aperture which is large enough to (b) (c) reccivc a ballot paper but which is no larger; so as to be capable of being sealed so that ballot papers cannot be taken out of the box so long as the seal is unbroken: and so that it bears serial numbers of the polling stations displayed shall conspicuously at every polling station. which be (3) The returning officer shall provide each polling station wilh- (a) materials to enable voters to mark their ballot (b) papers where marking is necessary; instruments for stamping the official mark on ballot papers; (c) a seal of the Commission suitable for that purpose; (d) a bottle or container with suitable for that purposes; indelible ink (0 (e) a copy of the register of voters or such part thereof as contains the names of the voters entitled to vote at that polling station; to a sufficient number of polling booths enable voters to mark their votes secretly; and the Commission for the conduct of voting at the polling station. (g) any other equipment authorized by 16 No.ll Referendum 2013 A d m is sio n to po llin g sta tion s 2().-( 1) The referendum officer shall regulate the number of voters to be admitted to a polling station at one time, and shall exclude all other persons exccpt- (a) commissioners Commission: or officers of the (b) police officers or any other person responsible (c) (d) (e) for security; persons necessarily assisting blind or incapacitated voters; agents registered by the Commission; accredited observers and representatives of the print and electronic media approved or accredited by the Commission. (2) A person, o th er than a registered voter, shall not be adm itted to a polling station. O rd e r at the polling station - 21
The referendum officer must keep order at the polling station and has powers to disperse disruptive gatherings, postpone or extend polling, and control ballot boxes and voter communication.
21.-(1) It shall be the duty o f the referendum officer to keep order at the polling station. (2) The referendum officer may order the dispersal o f any gathering o f persons which appears to the officer to be preventing free entrance to, or exit from, the polling station or to be intimidating or interfering with voters, and any such order shall be sufficient authority for a police officer, or any other person authorized by the order, to effect the dispersal. (3) The power conferred on a referendum officcr and a police officer under this section shall not be limited to the area covered by the polling station only but shall also encompass a radius of two hundred meters from the centre of the polling station. (4) Where any person causes disruption at a polling station, or fails to obey the lawful instructions or orders o f the referendum officcr, that person may immediately be removed, by order o f the referendum officcr, or by a police officer, and a person so removed the the polling shall not continuance of the poll without the permission of the station during re-enter 17 No.ll Referendum 2013 referendum officer. P o stp o n em en t and cxtcn tio n o f po llin g C o m m u n ic a tio n with voters at po llin g station the 2 2 .-( l) N otw ithstanding term s o f any notice issued under this Act, a referendum officer m ay postpone polling proceedings at the polling station if they are interrupted by a riot, violence, natural catastrophe, shortage o f equipm ent or other cause, but the proceedings shall resume as soon as practicable. (2) flic powers o f a referendum officcr shall include the power to transfer the proceedings lo another polling station in the same constituency, and in such a case- after the consultation referendum committees, issue a notice of the fact in the manner he to bring the thinks sufficient notice to voters; and the p olling area for the polling station proceedings from arc transferred shall, that purpose be for deemed to be pail o f the polling area o f the polling station to which the proceedings are transferred. officcr the referendum w hich shall, with the (b) (a) (3) A referendum officcr m ay extend the hours o f polling at the polling station where polling interrupted or for other good cause, and has been shall, w h e re polling in that polling station is delayed, extend the period o f polling to recover any lost time. 2 3 .-(l) A person other returning officer or a referendum officcr on duty shall not, except with the authority o f the referendum officcr, communicate with a voter who is within the area o f a polling station for the purpose o f voting. than a (2) Subsection (1) shall not be construed as preventing the companion o f a blind or incapacitated voter from communicating with that voter. 1H No.ll Referendum 2013 S calin g o f ballot b o x es The referendum officer 2 4 .-( l) im m ediately before the c o m m e n c e m e n t o f the poll, show the ballot box or ballot boxes to the agents so as to ascertain that the box or boxes are empty, and thereupon close the box 01* boxes so that they may not be opened without breaking the seal. shall, (2) A lter a ballot box the referendum officcr shall cause it lo be placed in the polling slation such that it can at all times be in the view of the officcr, the deputy referendum officcr and the agents present. is sealed, (3) On the adjournment o f the poll in a polling station to another day, or on the close o f the poll at one slation with a view to transferring a ballot box to another station, and at any other time when the ballot box is not in use, the referendum officcr shall close the aperture used for the insertion o f the ballot papers into the box and place an official seal on it in such a manner as to prevent the insertion of ballot papers w ith o u t b re a k in g the seal. (4) Alter a ballot box has been sealed, the seal shall not be broken or the aperture opened until the seal is broken and opened in the presence of those persons lawfully present at the polling station where polling is about to resume. (5) The referendum officcr shall allow agents present at the polling station to inspect the ballot papers provided for use at the polling station and note the serial numbers thereon, before polling commences. Ballot p a pers - 25
The Commission must prepare ballot papers for use in a referendum.
25.-(l) flic Commission shall be responsible for preparing the ballot papers for use at a referendum. (2) Ballot papers shall- (a) contain the question being voted on in Kiswahili language; (b) be foldable, numbered, or a combination of 19 No.il Referendum 2013 both letter and number, printed on the front; (c) attach a counterfoil with the same number or combination o f letter and number printed on it: and (d) contain a different and distinct symbol for each answer to the question to be voted on. (3) The ballot papers for voting in a referendum shall state the question to be answered in form of "YHS" or "NO" by the voters. G en eral v o tin g p ro c ed u res - 26
The referendum officer must prepare the ballot paper before delivery, voters must follow the voting procedure, unauthorized people must not be in the polling booth while a voter is marking a ballot, and two specified failures are offences punishable by a fine, imprisonment, or both.
26.-(1) The referendum officer shall, before delivering a ballot paper to a voter, ensure that- (a) (b) (c) the back of the ballot paper is stamped with the official mark of the Commission: the number and name o f the voter as slated in the copy register is called out: and the name o f the voter is marked and the electoral number o f the voter is retained as proof that a ballot paper has been delivered lo him. (2) A voter shall- (a) upon receiving the ballot paper - (i) immediately proceed into one o f the polling booth o f the p olling station and while there, secretly m ark the ballot paper in the box and colum n provided against the sy m b o l o f the side for which the voter wishes to vote; (ii) fold it up so as to conceal the vote and pul ii into the ballot box in the presence o f the referendum officer, in lawfully full view o f the persons present; (b) have his little left finger or any other part or o f his body m a rk e d in ink in the m a n n e r sufficiently indelible lo leave a m ark for the period o f imm ersed, d ip ped 20 No.ll Referendum 2013 (c) the referendum; and immediately after voting, station. leave the polling (3) A person, other than a person acting u n der section 20, shall not be p resent in the polling booth o f a polling station w hile a v oter is inside that polling booth for the purpose o f m arking the ballot paper. (4) A person who knowingly fails to place a ballot paper issued to him. other than a spoilt ballot paper, into a ballot box before leaving the place where the box is situate, com m its an offcncc and is liable, on conviction, to a line not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three months or to both. (5) An officer who deliberately refuses to mark or stamp any ballot paper commits an offence and is liable, on conviction to fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three months or to both. - 27
The referendum officer must allow assisted voting for eligible voters, and there are rules for assistants, polling-booth access, vote-counting, and recordkeeping.
27.-(l) The referendum officer shall, on the application o f a voter who declares to be unable to read or write or who is incapacitated by reason o f blindness or other physical disability causing him not to vote in the manner prescribed under this Act, permit the voter to be assisted by a person o f the voter's own choice. (2) A person, other than the person chosen by the voter, shall not enter the polling booth whilst the voter is casting his vole. (3) A person who assists a voter shall- (a) assist only one voter but if in the household there is more than one person who requires assistance under this paragraph it shall be lawful for such member o f the household to assist such voters at the same lime; and 21 Assisted voters No. 11 Referendum 2013 (b) immerse or dip his left thumb or any part o f the body o f the assisted person in a container containing ink o f a distinctive colour which is sufficiently indelible to leave a mark the referendum. The referendum officer may make such inquiries as the officer may deem necessary in order to establish that the voter and the chosen assistant complies with the provisions of this Act. the period o f lor (4) (5) flic referendum officer, may w here the voter has no assistant, and upon request by the voter, cause the vote o f the voter to be cast on the voter's behalf. (6) Where the referendum officer grants the request o f a voter under this section, the referendum officer s h a l l record in t h e copy r e g i s t e r , a g a i n s t th e name o f the voter, the fact that the voter was assisted and the reason for the assistance. (7) A person who makes a false statement in relation to his incapacity, together with an officer or agent who knowingly permits or assists that person to be assisted commits an offence. (8) A person who contravenes the provisions of is liable, on this section commits an offence and conviction, two million fine not exceeding shillings or to imprisonment for a term not exceeding three months or to both. to a P rocedu re on close o f polling station 2 8 .-( l) shall, im m ediately after the close o f the polling station make a written statement o f the n u m b e r of- referendum officer The (a) ballot p a p ers issued to the re fe re n d u m officer; (b) used ballot papers; (c) spoilt ballot papers; and (d) ballot papers remaining unused. • (2) The referendum officer shall, 22 No.ll Referendum 2013 im m e d ia te ly after the co m p le tio n o f the statem en t in su b sectio n (1), in the presence o f agents, make separate packets containing thc- spoilt ballot papers, if any; (a) (b) marked copy register; (c) counterfoils o f the used ballot papers; and statement specified in subsection (1). (d) and shall seal each o f the packets w ith an official seal o f the Commission. V otes to be co u n ted at the po llin g station 2 9 .- ( l) T h e shall, im m e d ia te ly after c o m p le tio n o f v o tin g ex ercise and in the pre sen c e o f agen ts, count the votes for that polling station. re fe re n d u m o ffice r (2) No agent shall be deemed to be a counting agent unless at least thirty six hours before the close o f the poll in the referendum, the name and address of the agent and the appointment letter as such by the registered referendum committee has been the referendum officcr and a referendum officer shall not allow a person whose authorization has not been so submitted to attend to a counting of votes. submitted to (3) Notwithstanding the provisions of this section, a referendum officcr shall not admit more than two counting agents, to the counting o f votes in the polling station. (4) The referendum officcr shall admit observers the Commission, duly approved or accredited by commissioners or officers of the Commission, policc officers or any other person responsible for security, or agents registered by the proceedings of counting of votes. the Commission to attend R ecount - 30
A registered agent may ask for a recount after counting is finished if not satisfied, and the referendum officer may also order a recount on their own initiative.
30. A registered agent may, upon completion o f counting o f voles and where he is not satisfied with the counting o f the votes, require the referendum officcr to have the votes recounted or the referendum 23 No.ll Referendum 2013 Rejected ballol papers officcr may on his ow n initiative have the votes recounted, save that no recount o f votes shall take place more than twice. - 31
The referendum officer must mark rejected or disputed ballot papers, prepare a statement of rejected ballots, and seal and deliver the ballot packets and ballot box after counting.
31.-(1) livery rejected ballol paper shall be marked with word "rejected" by the referendum officer and, if an objection to the rejection is m ade by a person or group o f persons interested in the results o f the referendum, the referendum officer shall add the words “rejection objected to". (2) The referendum officer shall m ark every countcd ballot paper whose validity has been disputed or questioned by a person or group o f persons interested in the results o f the referendum with word “disputed” . (3) When the counting o f votes is concluded, the referendum officer shall prepare a statement showing the number o f rejected ballol papers on the basis of ihe following grounds - (a) want of an oiTicial mark; (b) voting, both in support of, and in opposition to the referendum question; (c) unauthorized writing or a mark by which the voter might be identified; and (d) unmarked or void for uncertainty. (4) A person or group of persons interested in the results of the referendum shall be entitled lo a copy of that statement. S ealin g o f ballot p apers 3 2 .- ( l) O n co m p letio n o f c o u n tin g o f the in separate the referendum officer shall seal votes, packcts the- (a) countcd votes which arc not disputed; (b) rejected votes together with the statement relating lo ihosc; and (c) disputed votes. (2) The referendum officer shall- (a) pul the three packcts under subsection (1) together with the statem ent m ade under 24 No.ll Referendum 2013 scction 28; (b) announce the declaration o f results; to (c) dem onstrate the v oters, a cc re d ite d o b serv ers and any ag en ts p re sen t that the ballo t box it is e m p ty ; (d) seal the ballot box w ith the Com m ission’s seal; (e) let the agents present or any o f them affix their own seals on the ballol box if they so wish: and ( 0 as soon as is practicable deliver lo the referendum returning officer the ballot box conlainiim the items listed under subsection ( 2 ). C onstituency results - 33
The referendum returning officer must publicly verify and declare constituency referendum results, complete the result form, and provide copies as required.
33.-(1) Im m ediately after the results o f the poll for all polling stations in a constituency have been received by the referendum returning officer, the referendum returning officer shall, in the presence o f commissioner or officer o f the Commission, police officer or any other person responsible for security, agents registered by the commission, accredited and representatives o f electronic and print approved media, accredited observers and the re ferend u m com m i 11 ees- leaders o f (a) examine the ballot papers marked "rejected", "rejection objected to" and "disputed" and confirm or vary the decisions o f the referendum officers with regard to the validity o f those ballot papers; (b) publicly announce to persons present the total n um ber o f valid votes cast for each side in the referendum; (e) publicly declare to the persons present the side that has received the greater number of the the referendum and valid votes cast therefore the winning side: in (d) complete form in which he shall declare No.ll Referendum 2013 thc- name of the constituency; (i) total number o f registered voters: (ii) (iii) valid votes cast in s u p p o rt o f or in referendum to the op p o sitio n question; (iv) num b er o f rejected votes cast in support o f or in opposition to the referendum question in each polling station; (v) aggregate number o f votes cast in the constituency; (vi) aggregate number of rejected votes; and (c) sign and date the form and- (i) give a co p y o f the fo rm the referendum com m ittee’s to (ii) the original of form the registered agents; and deliver Commission. (2) T h e resu lts in a c o n s titu e n c y shall be in a form to be issued by the C o m m is s io n a n d shall be su b je c t to c o n firm a tio n by the C o m m is s io n after a the re fe re n d u m . th e v o tes cast ta lly in g o f all in (3) T he decision o f the referendum returning officer on the validity or otherwise o f a ballot paper or vote under this section shall, subject to verification final except w here a the C om m ission, be by referendum petition has been filed. A n n o u n c e m e n t and pu blication o f refe ren d u m results - 34
The Commission must announce and publish referendum results, and declare whether the referendum has been ratified, within 72 hours after the final polling closes.
34.-(l) The Commission shall, on receipt of results o f the referendum from all constituencies and within seventy two hours from the close o f the final polling in the referendum- (a) announce to the public the total n um b er or o f valid opposing the referendum question; supporting votes cast 26 No.ll Referendum 2013 (b) declare w h ether or not the subject m atter o f the referendum has been ratified by more than fifty per cent o f the valid votes cast for Mainland Tanzania and Zanzibar; (d) publish (c) publish a in notice the G azette indicating the results o f the referendum in each constituency; and in certificate the G azette d e c la rin g the results o f the referendum and confirm ing w h e th er or not the m atter to be decided has been ratified in accordance with the provisions o f the Act. a (2) For the purposes o f subsection (l)(b ), the votes lo be counted for Zanzibar shall include: (a) votes o f persons registered in the Zanzibar Electoral C om m ission register; and (b) votes o f persons residing in Zanzibar or Tanzania M ainland and registered under the National C om m ission register. Electoral (3) F or all pu rpo ses o f the referendum, the results published in the G azette, shall be the official results o f the referendum. R e feren d u m results - 35 Verify source ↗
PART III
Referendum results depend on more than 50% support in both Mainland Tanzania and Tanzania Zanzibar.
35.-(l) The referendum results shall be decided on the basis of support by more than fifty per cent of the total number of valid votes cast in Mainland Tanzania and more than fifty per cent of the total number of valid votes cast in Tanzania Zanzibar. (2) The majority of valid votes cast the referendum shall be the basis for determination of the question of the referendum and the referendum results declared by the Commission shall be binding on the Government the Revolutionary Government of Zanzibar. the United Republic and o f in (3) Where the votes cast “YES” on a question at a referendum are not more than fifty per cent of the total 27 No.ll Referendum 2013 number of valid votes cast in either Mainland Tanzania or Tanzania Zanzibar, the Commission shall, by notice published in the Gazette, appoint another day, within sixty days after the declaration of the results, on which to shall the poll repeat commence afresh. referendum procedures and (4) Subject to subsection (3), the Commission may, where circumstances so require, afford : (a) sufficient time for sensitization and public awareness on the referendum on the proposed Constitution; or (b) necessary for time the President, in agreement with the President o f Zanzibar, to reconvene the Constituent Assembly in order to reconsider provisions of the proposed Constitution. C ap. 2 (5) Where the majority of the valid votes cast in the referendum is “NO”, the C o n s titu tio n o f the United Republic of Tanzania, 1977 shall remain in force. PART V GENERAL PROVISIONS P roced ure for co n d u ct o f referen d u m C a p s .3 4 3 a n d 2 92 , A ct N o. 1 1 o f 1984
Part
PART V
- 36 Verify source ↗
Procedure for conduct o f referendum
The procedure used for General Elections applies, with necessary modifications, to conducting a referendum under this Act.
36. The procedure for conducting the General Elections under the National Elections Act, the Zanzibar Elections Act, and the Local Authorities (Elections) Act shall, with necessary modifications, apply to the conduct of a referendum under this Act. V o tin g u n d er special c irc u m stan ce s - 37 Verify source ↗
Voting under High circumstances
The Commission may make special voting arrangements for certain referendum voters, but only registered voters may vote.
37. The Commission may make special provisions for voting a referendum for voters who would not be able to vote on the voting day because o f essential duties being away for social and economic reasons, patients in hospitals, persons admitted at homes for the aged and similar institutions, persons who lead life on account of vagaries o f weather, nomadic physically disabled persons and expectant mothers: 28 No. 11 Referendum 2013 Provided that, a person shall not vote unless he is registered as a voter in the voter’s register. A cc red itatio n o f o b serv ers - 38 Verify source ↗
Accreditation of observers
People or organisations that want to act as referendum observers must apply for accreditation at least two months before the referendum, and accredited observers must file a written report within 14 days after the results are announced.
38.-(1) A person who, or an association, institution or organization, which intends to act as observer, shall, not later than two m onths before the referendum date, apply for to accreditation. the C o m m issio n (2) The Commission may accredit a person or officials of associations, institutions or organizations, which are manifestly non-partisan to act as referendum observers. (3) The Commission shall issue guidelines for shall be binding on referendum observers, which accredited referendum observers. (4) The Commission may revoke the accreditation it has granted to any referendum observer where it is satisfied that the referendum observer is partisan. (5) All the accredited referendum observers shall submit to the Commission a written report o f their individual or group observation not later than fo u rte e n day after the date of the announcement of the referendum results in respect of the referendum observed. - 39 Verify source ↗
Attendance o f agents
If an act is otherwise lawful, it is not invalid just because an agent is absent when the act is done in the required presence.
39. Where in this Act expressions are used requiring, authorizing, or implying that any act or thing is to be done in the presence of polling or counting agents, those expressions shall be regarded as such and the absence of any agent at that time and place shall not, if any act or thing is otherwise lawfully done, invalidate that act or thing. - 40 Verify source ↗
General Powers of the Commission
This section says the Act should not be read as stopping additional administrative measures, policy guidelines, or regulations for a referendum.
40. Nothing in this Act shall be construed as preventing further administrative measures or issuing policy guidelines and regulations to ensure effective conduct of a referendum. the Commission taking from 29 A tten d a n c e o f ag ents G en eral p o w e rs o f the C o m m is s io n No. ll C ost o f re fe ren d u m Referendum 2013 - 41 Verify source ↗
Cost of referendum
Expenses for conducting a referendum must be paid from the Consolidated Fund.
41. The expenses in conducting a referendum shall be charged out of the Consolidated Fund. incurred Person not req uired to state h ow he voted - 42 Verify source ↗
Person not required to state how he voted
A person who voted at a referendum cannot be required to say how they voted in any proceedings.
42. A person who has voted at a referendum shall not in any proceedings, whether brought under this Act or otherwise, be required to state how he voted. C h a lle n g in g referen d u m results - 43 Verify source ↗
Challenging referendum results
A referendum committee may challenge referendum results in the High Court, but only if it meets the stated national-level and signature requirements and files within 14 days.
43. (1) A petition by a referendum Committee challenging the results of the proposed Constitution shall lie in the High Court constituted by five Judges. (2) A referendum committee shall only be allowed to file a petition to the High Court challenging referendum results if- (a) it is the referendum committee at the national level; and it obtains not less than ten perccnt signatures of the total number of the registered voters from each part of the Union of at five constituencies. least (b) (3) A petition shall be filed in the High Court Registry within fourteen days after the declaration of referendum results. (4) For the purposes of subsection (2), the referendum committee shall not include in its petition the name of a person without that person's consent or the name of a person who demised before the filling of a petition. (5) A person who claims that his name was included in the petition without his consent, or that the petition includes name of a person who died before the date o f the petition, shall lodge an objection to the High Court. (6) A person who contravenes subsection (4) commits an offence, and is liable on conviction to a fine often million shillings or imprisonment for seven years or both. 30 N o.ll Referendum 2013 C a p .343 and Act No. 1 1 o f 1984 D eposit o f se curity for costs (7) A referendum committee may challenge the results o f a referendum for non compliance of this Act or the National Election Act and the Zanzibar Elections Act, if such non-compliance has substantial effect on the referendum results. - 44 Verify source ↗
Deposit o f Security for costs
A petitioner must pay security for costs before the Registrar of the High Court can set a hearing date for a referendum petition, and the amount cannot exceed five million shillings.
44.-(l) The Registrar of the High Court shall not fix a date for hearing of any referendum petition unless the petitioner has paid to the Court, as security for costs, a sum not exceeding five million shillings as may be determined by the Registrar. (2) The money deposited as security for costs under subsection (1) shall, where the petitioner succeeds in the petition or an appeal and no order for costs lies against him, be refunded to the petitioner. D eterm in a tio n o f petition by the court - 45 Verify source ↗
Determination of petition by the court
The High Court can determine referendum petitions, must decide them within 21 days, may order recounts or repeat/redo voting outcomes, and must report possible offences to the Director of Public Prosecutions.
45.-(l) The High Court shall have jurisdiction to determine referendum petitions. (2) The High court shall into and determine the referendum petition not later than twenty one days from the date on which the petition is filed. inquire (3) After due inquiry of the referendum petition, the High Court may cither- (a) dismiss the petition; (b) dcclarc the results to be incorrect and declare the correct results; (c) order the Commission lo repeat the polling in (d) any particular place or places: or annul the referendum results and order a new referendum to be conducted. (4) Without prejudice to subsection (3) ihe High Court may, before making a decision, order a recount of the votes cast. (5) Nothing in this section confers on the High Court power to convict a person of a criminal offence N o. ll Referendum 2013 when hearing a petition under this section. (6) Where it appears to the High Court, at the hearing of a petition under this section that the facts before it disclose that a criminal offence may have been committed, it shall make a report on the matter to the Director of Public Prosecutions for appropriate action to be taken and shall state in the report the name of the person. A p p ea ls to a - 46 Verify source ↗
Appeals
An aggrieved party must appeal to the Court of Appeal within 7 days after getting the judgment and proceedings, the High Court must provide that copy within 5 days, and the Court of Appeal must decide the appeal within 14 days after the petition is lodged.
46.-(l) Any party referendum petition aggrieved with the decision of the High Court made under section 43 shall lodge an appeal to the Court of Appeal within seven days from the date o f obtaining a copy of the judgment and proceedings. (2) The High Court shall avail a copy of the judgment and proceedings to the applicant within five days from the date o f the decision. (3) The Court of Appeal, sitting as a panel of five Justices of Appeal, shall determine the appeal within fourteen days from the lodging of the petition o f appeal. P rohibition o f in citem ent o f public d is o rd e r at a re fe ren d u m - 47 Verify source ↗
Prohibition of incitement of public disorder ate a referendum
A person canvassing in a referendum must not use defamatory language or language that incites public disorder, hatred, or violence.
47.-(l) A person shall not, while canvassing in a referendum, use any language which is defamatory or which constitutes incitement to public disorder, hatred or violence. (2) A person who contravenes subsection (1) commits an offence and is liable, on conviction, to a fine o f not less than two million shillings or to imprisonment for a term o f not less than six months or to both. O ffe n c e s and penalties Cap. 343 Rules o f p ro c ed u re - 48 Verify source ↗
Offences and penalties
Any person who contravenes an Act provision that has no penalty specified commits an offence and may be fined one million shillings or imprisoned for six months.
48. Any person who contravenes the provisions this Act for which no penalty has been provided, commits an offence and is liable to a fine of one million shillings or to imprisonment for a term of six months. - 49 Verify source ↗
Rules of procedure
The Chief Justice may make procedure rules for referendum petitions and appeals under this Act, after consulting the Chief Justice of Zanzibar.
49. The Chief Justice may, after consultation with the Chief Justice of Zanzibar, make Rules of procedure for referendum petitions and appeals under this Act. 32 N o. ll Referendum 2013 R egu latio ns - 50 Verify source ↗
Regulations
The Commission may make regulations to carry out this Act, including detailed rules for referendum procedures.
50.-(l) The Commission may. make Regulations providing for the better carrying out of the provisions of this Act. (2) Without prejudice the generality of subsection (1), the Commission may make regulations providing for the following mattcrs- (a) (b) (c) (d) the establishment of polling stations; the manner and procedure of voting at a referendum; the manner of ascertaining the identity of persons wishing to vote at a referendum, and whether such persons arc qualified to vote; the manner in which persons with disability may vote at a referendum; (c) voting by persons employed on duties on the (1) (g) (h) (i) (j) (k) (1) to be day o f a referendum; the maintenance of secrecy at a referendum; the postponement and extension of time for a in case of riot or violence at a poll referendum; the administering of oaths or affirmations by ofllccrs in rcspcct o f such matters as may be prescribed; the procedure followed conclusion of a poll in a referendum; the procedure for counting and addition of for Mainland referendum, votes Tanzania and for Tanzania Zanzibar, and the circumstances a in which referendum may be rejected by a returning officcr as invalid; the declaration, notification and publication of the results of a referendum; the custody and disposal of ballol papers, records, documents or other things relating to the conduct of a referendum; voles the in in at a (m) the forms and records to be used for any of N o .ll Referendum 2013 (n) the purposes of this Act; or any other thing which the commission may deem neccssary for the purposes of this Act. (3) The Regulations under this Act shall be published in the Gazette. - 51 Verify source ↗
Power to amend or replace Schedule
The Minister may, after consulting the Minister responsible for elections in Tanzania Zanzibar and by notice in the Gazette, amend or replace all or part of the Schedules under this Act.
51. The Minister, in consultation with the Minister responsible for elections in Tanzania Zanzibar may. by notice published in the Gazette, amend or replace all or any part of the Schedules under this Act. 52-(l) Where there is no guiding provision under this Act, the National Elections Act and the Zanzibar Elections Act, shall apply the referendum, with neccssary modifications. the conduct of to P o w e r to a m e n d or replace S ch edu le A p p lic atio n o f o th er laws C ap 343 (2) Where there is conflict between this Act and any pro v isio n of the National Elections Act and the Zanzibar Elections Act, this Act shall prevail. P rom u lg atio n o f the C on stitution - 53 Verify source ↗
Promulgation of the Constitution
When the new Constitution is promulgated, this Act stops having legal effect.
53. Upon promulgation of the new Constitution, this Act shall be spent and shall have no legal effect. PART VI CONSEQUANTIAL AMENDMENTS C o nstruc tion C a p . 83
Part
PART VI
- 54 Verify source ↗
Construction
This section says the part must be read together with the Constitutional Review Act, called the principal Act.
54. This part shall be read as one with the Constitutional Review Act hereinafter referred to as the “principal Act”. A d dition o f sections 2 8 A and 28 B - 55 Verify source ↗
Addition o f sections 28A and 28B
This section amends the principal Act by inserting new material after section 28.
55. The principal Act is amended by adding immediately after section 28 the following: “ P ublication and s u b m iss io n - 28A Verify source ↗
(1) Upon the adoption of the
The Constituent Assembly must submit the proposed Constitution to the President within seven days after adoption, and the President must publish it in the Gazette and other local newspapers within seven days after receiving it, after consulting and agreeing with the President of Zanzibar.
28A.-(1) Upon the adoption of the proposed Constitution by the Constituent Constitution Assembly, the Constituent Assembly, shall within seven Chairman the o f 34 N o. ll Referendum 2013 days submit the proposed Constitution to the President. (2) The President shall, within seven days after receiving the proposed Constitution and upon consultation and agreement with the President of Zanzibar, to be the proposed Constitution cause publish in the Gazette and other local newspapers. - 28B Verify source ↗
The referendum Act shall apply
The referendum Act applies to validating the provisions of the proposed Constitution.
28B. The referendum Act shall apply in respect of validation o f the provisions of the proposed Constitution.” Validation of proposed Constitution SCHEDULE 35 N o .ll Referendum 2013 FO RM NO. I O R D E R F O R A R E F E R E N D U M (Made under section 4(2)) I, ..............................................................................................President o f the U n ited R epublic o f T a nza nia, h e re b y o rd e r the C o m m is s io n to co n d u c t a re fe re n d u m to obtain p e o p l e ’s d ecisio n on the p ro p o s e d C on stitu tio n is su e ............................................................................... T h e view s o f the p e o p le on the issue for the re feren d u m sho uld be k n o w n not later than seve nty d a y s c o u n tin g from the date o f this order. D ated on t h e ............................ d a y o f ........................ 2 0 ........................... President Passed in the National Assembly on the 6lh December, 2013. D r . T h o m a s D . K a s h i l i l a h , Clerk o f the National Assembly 36
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