The Universities Act, 2005

Section 3 is headed “Interpretation” and introduces Part II on the establishment of the Tanzania Commission for Universities.

The Commission has power to grant accreditation, require a self-study report, and demand a professional opinion or information.

This excerpt only gives the section heading for “Other Staff of the Commission” and a reference to “Financial Provisions for the Commission”; it does not state a rule.

Section 16 is titled “Funds and other resources of the Commission.”

Section 18 is titled “Accounts and audit.”

This section establishes the Tanzania Commission for Universities and gives it corporate powers; the Minister may amend the First Schedule by Gazette notice.

This section lists the Commission’s functions for higher education, including advising the Minister, regulating universities, and setting standards.

An institution resident in Tanzania may not start or carry on university education activities unless it has statutory authority, accreditation and approved programmes, or approval by the Commission.

The Commission may require a university to carry out a self-study and academic audit and to prepare and submit a report in the prescribed manner.

The Commission may require a higher education institution to provide professional opinion or information, and the institution must respond through an evaluation report. Giving false or unreasonably withheld information is an offence punishable by a fine of shillings 1,000,000/=.

The Commission must establish specified committees, set their membership structure, and may create other committees, delegate functions, and determine committee terms and conditions.

The Accreditation Committee must advise the Commission on quality promotion, quality assurance, accreditation, and related higher-education matters.

The Grants Committee must advise the Commission on university funding, fees, access, budgeting guidelines, and related grant administration matters.

The Admissions Committee must advise the Commission on university admissions matters.

The Commission appoints an Executive Secretary through public advertisement and interviews. The Executive Secretary must be chosen from qualified, skilled and competent persons and serves as the Commission’s chief executive officer.

The Commission may appoint Deputy Executive Secretaries, set their terms and number, and a Deputy Executive Secretary must act for the Executive Secretary and do any other duties directed.

The Commission may appoint additional Commission staff as needed.

The Commission’s funds and resources include parliamentary appropriations, service fees, donations, loans, gifts, grants, and investment income.

The Commission must prepare annual income and expenditure estimates, send them to the Minister, and the estimates must be approved by the National Assembly before spending happens.

The Commission must keep proper accounts and records, have them audited, and send annual reports through the Executive Secretary and Minister within the stated time limits.

Existing University must comply with this Act within 18 months from commencement.

The existing university’s assets and liabilities vest in the university and university council from the effective date.

The existing university must carry out its functions under this Act, and students enrolled immediately before commencement keep their student status.

An employee of the existing university must continue under the service terms in this Act or its regulations, and prior service counts as continuous for gratuity or other benefits.

An instrument signed by the existing university is treated as the university’s valid instrument for the purpose it was made for.

Subsidiary legislation for the existing university continues to apply unless it is revoked or substituted.

Section heading for awards and designations of university staff.

Universities may affiliate colleges or institutes as branches, and a constituent college cannot award degrees in its own name.

An accredited and registered university must award specified qualifications in its own name, use the listed academic staff designations, and provide for the position of Professor Emeritus.

This section is about establishing a university by charter.

This section concerns the procedure for establishing a university.

This section is titled "Application for grant of accreditation and charter."

Section 25 is titled “Granting of charter to a private institution.”

Section title only: it refers to the effect of granting and publication of a charter.

This section is about applying for approval of a foreign charter.

The President may delegate powers relating to charters.

Section 32 concerns the annual report and audited accounts of a university.

This section is titled “Constituent colleges and affiliation to a university” and sits in Part V on the administration of a university.

A person must not provide university education unless granted a charter or approval of a charter under the Act.

A person wanting to establish a university in Tanzania must apply to the Commission in the prescribed form for a charter.

The Commission may issue a provisional licence if it is satisfied with the institute’s draft charter and action plan, and on prescribed terms, conditions, and procedures.

A university that has held a provisional licence for at least three years may apply to the Commission for accreditation and a charter.

The Commission may recommend granting a university charter to the Minister after considering an application, the Minister must refer the matter to the President, and the Charter must be published in the Gazette.

The chartered university is treated as a body corporate and may carry out stated corporate acts, including suing or being sued, dealing with property, and entering contracts.

A foreign university may apply for approval of its charter and local registration, but it must file specified supporting documents; the Commission reviews the application, the Minister refers it, the President may approve it, and the Commission then registers the institution as a private university.

Public officers handling university or institution registration must not accept a name that is identical or confusingly similar to a chartered or approved private or public university name.

The President may revoke a university charter, but only through the prescribed procedure and on the Commission’s recommendation through the Minister.

The President may vary a charter’s provisions if recommended by the Minister and satisfied the change is in the public interest or would help the university operate more efficiently.

The President may delegate the powers given to him under this Part to the Minister, by notice in the Gazette.

A university must submit an annual report to the Commission about its operations and audited accounts.

A university proprietor, owner, promoter, or sponsor may establish or declare a constituent college, but only with the required approval.

This section is about the composition of a council or governing board.

Section heading only: Functions and powers of the Council or Governing Board.

Section 46 is titled “Composition of Senate or Academic Committee.”

Section heading for the functions of the Senate or Academic Committee.

A university must be headed by a Chancellor or an equivalent designation.

This section says how a university Chancellor is chosen, what the office does, and how long the term lasts.

The chief executive officer of a university is called the Vice-Chancellor, and the Vice-Chancellor is appointed by the relevant appointing authority with Council involvement.

The provision sets out how Deputy Vice-Chancellors and university college Principals are appointed and what roles they must perform.

Every university college must have Deputy Principals or an equivalent designation, and their appointment, powers, duties, and term of office are to follow the institution’s rules, the law, and prescribed approvals.

This section says who serves as chief executive officer for a university-based institute, center, or directorate, and it lets the Commission allow a principal instead in a limited case.

A university-based institute, centre, or directorate must have a Deputy Director.

A university Registrar must be appointed by the Council or Governing Board from a shortlist of three candidates, after the required consultation, and serves a three-year term in public institutions.

This provision identifies the main governing bodies for universities and related colleges, and says which body makes policy or decisions on academic and administrative matters.

Council and Governing Board membership must fall within set size ranges, and appointments must ensure sectoral balance, staff-external representation, gender balance, and student representation.

The university council or governing board controls the institution and may manage property, funds, staff appointments, by-laws, and other governance matters.

This section lets the Council and Governing Board set the size of a Senate or Academic Committee, sets composition limits, and lets the body co-opt additional competent persons.

A Senate or Academic Committee is responsible for academic control and regulation, and must perform listed academic governance functions.

Section 48 is titled “Convocations and staff associations.”

This section is titled “Administration and welfare of students.”

This section is titled “Prohibition of political party’s activities on campus” and appears under Part VII (Miscellaneous Provisions).

Every institution must provide in its enabling instrument for a convocation, alumni association(s), and staff association(s).

Every university must provide for a common students' organization under its charter, and the organization’s name must be agreed by members and approved by the Council or Governing Board.

Institutions must set up student administration and welfare arrangements, including policies, regulations, a disciplinary authority, and an appeals committee.

Staff associations and students’ organizations in an institution must not engage in political party activities on campus, run their affairs in that way, or have a constitution that conflicts with this Act or any other written law.

This section is titled “Committee of Vice-Chancellors, Principals and Directors.”

This section concerns the powers of the Committee of Vice-Chancellors, Principals and Directors.

This section concerns appointments to key administrative positions.

This section concerns restrictions on public institutions’ power to alienate immovable property.

The Minister has power to exempt certain institutions.

This section is about transitional and consequential provisions.

This section says the Minister has power to make regulations.

Institutions must publish their student admission regulations and required qualifications in the institution’s Prospectus. Applicants cannot be admitted unless they meet those published qualifications.

This provision creates the Committee of Vice-Chancellors and Principals and says the Second Schedule governs its composition, functions, powers, and other proceedings.

A Council or Governing Board may make regulations for the governance of its institution, but some topics need recommendation or consultation first.

Appointments to key university administrative posts must be made on merit and through an open system.

A public institution must not dispose of or transfer immovable property bought with Government financial assistance unless the Minister gives express authorization.

The Minister may exempt an institution from this Act, on the Commission’s advice, if the institution applies in writing and all of its higher education operations are carried on outside Tanzania.

A person who commits an offence or unlawful act under this Act, where no specific punishment is set, is liable on conviction to a fine, imprisonment for up to six months, or both.

Members, committee members, and staff of the Commission are not personally liable for acts or omissions done bona fide while carrying out, or purporting to carry out, their duties.

Existing Acts governing public universities are repealed or amended as set out in the Third Schedule.

This section says the transitional and consequential rules for the Higher Education Accreditation Council and public universities are set out in the Fourth Schedule.

The Minister may make regulations for this Act, after consulting the Commission, and those regulations must be published in the Gazette.

The members must elect one of their number to be the Vice-Chairman of the Council.

A member normally holds office for three years, unless the Minister ends the appointment earlier or the person stops being a member; the member may be reappointed.

The Commission must meet regularly, at least once every three months. The Chairman or Vice-Chairman may call a special meeting on request, and the Chair (or another member if both are absent) must preside over meetings.

An eligible Commission member who cannot attend a meeting may appoint someone from their organisation to represent them.

The Commission decides matters by majority vote of members present and voting; if votes are tied, the presiding person has a casting vote. The Commission can also decide by circulation of papers and written views, but any member may require the matter to be deferred to a meeting.

The Commission must keep minutes of meeting business, and the minutes must be read, confirmed or amended and confirmed at the next meeting, then signed by the presiding person and the Secretary.

Commission acts or proceedings remain valid even if there is a vacancy among members or a defect in someone’s appointment.

Commission documents must be sealed and authenticated by the required signatures; if the Chairman is absent, a Vice-Chairperson or designated member may sign in the Chairman’s place.

Documents that appear to be issued under the Registrar’s hand for a Commission resolution, or on behalf of the Commission, must be accepted as evidence and treated as sufficient proof unless the contrary is shown.

The Minister may give the Commission guidance on policy matters, if done under his hand.

The Commission may regulate its own proceedings, subject to this Schedule.

This Schedule defines “Committee” as the Committee of Vice-chancellors and Principals.

This section sets out who makes up the Committee.

The Committee must choose one Vice-Chancellor as Chairman on a rotating basis for a two-year term, and the relevant University must provide the Committee’s Secretary during that chairmanship.

The Committee may set up a secretariat and a fund, and member Secretariat institutions may contribute to the fund on terms set by the Committee.

If a Vice-Chancellor, Principal, or Director cannot attend a Committee meeting, they may nominate a senior staff member to represent them.

The Committee must meet at least twice a year, and the Chairman must give written notice and convene ordinary meetings; special meetings can be called on request.

The Committee must advise the Commission and carry out functions assigned by the Act, regulations, or referred matters.

The Committee has power to make recommendations, propose common regulations, and pass resolutions on matters of common interest.

This section amends the Education Act, 1978 by repealing Part IX and changing section 33(1) as stated.

This section repeals five listed university Acts and defines several terms used in the schedule.

The Commission must carry out and continue the former Council’s functions, and the former Council’s assets and liabilities vest in the Commission on the effective date.

Former officers are treated as employees of the Commission from the effective date.

The Chairman may direct that a former officer be employed by the Commission, and the Minister may direct a gratuity or other payment if that does not happen; the Commission must comply, and the former officer cannot claim damages or other payment for loss caused by this Schedule.

Some instruments are carried over to the Commission, which steps into the former Council’s place and takes over related payment and property rights and liabilities.

Earlier subsidiary legislation and related acts continue to operate after the effective date until they are repealed or replaced under this Act.

This section says the Act may be cited as the Universities Act, 2005, and it starts on a date appointed by the Minister by notice in the Gazette.

This Act applies to Mainland Tanzania and Tanzania Zanzibar.

This section defines many terms used in the Act, including accreditation, Commission, Minister, foreign university, public university, and student.