THE CONSTITUTIONAL REVIEW ACT

4.–(1) The objectives of this Act shall be to- (a) provide for the establishment of the Commission for purposes of coordination and collection of public opinions; (b) prescribe the oath and affirmation and provide for the manner under which members of the Commission and the Secretariat shall take oath or affirmation; (c) make provision for terms of reference of the Commission; (d) provide for the establishment of the Secretariat of the Commission to be headed by the Secretary; (e) provide for a mechanism by which the public shall widely and freely participate in expressing and transmitting public opinions on matters relating to the Constitution; (f) provide for a mechanism by which the Commission shall prepare and submit a report; (g) provide for the functions and powers of the Commission; (h) provide for the manner in which the Commission shall collect information from public and private institutions, civil societies and religious organisations, political parties and any other organisation that the Commission may consider appropriate; (i) provide for a mechanism for procuring technical information by the Commission from consultants; (j) provide for a mechanism for consensus building in national issues during constitutional review process; (k) provide for a mechanism for scrutiny of a Draft Constitution Bill; (l) put in place a legal mechanism for the President to convene a Constituent Assembly; (m) provide for election of the Chairman and the Vice- Chairman of the Constituent Assembly and appointment of the Clerks and Staff; 587 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] (n) provide for a mechanism for the conduct of the referendum; and (o) provide for the manner in which the new constitution shall be promulgated. (2) The process of coordination, collection of public opinions, conduct of fora, debate in the Constituent Assembly and participation in the referendum is reserved to the citizens of Tanzania only. PART III ESTABLISHMENT OF COMMISSION1 Establishment of Commission

1. Every member of the Commission or Secretariat shall serve impartially and independently and perform the functions of his office in good faith and without fear, favour or prejudice.

2. A member of the Commission or Secretariat shall not, during tenure of office, be eligible for appointment or nomination to any political office.

3. A member of the Commission shall not- (a) by his membership, association, statement, conduct or in any other manner jeopardise the perceived independence of the member or prejudice the credibility, impartiality, independence or integrity of the Commission; or (b) make private use of or profit from any confidential information gained as a result of being a member of the Commission/Secretariat. 607 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] THIRD SCHEDULE (Made under section 25(7)) OATH OR AFFIRMATION OF CLERK OR DEPUTY CLERK I,……………………………………………………..………. having been appointed on the ……………. day of .......................... 20……….. by virtue of operation of law as, and to perform the duties of the Clerk or Deputy Clerk do hereby swear or affirm that I will faithfully, impartially and, to the best of my knowledge and ability, discharge the duties and perform the functions devolving upon me by virtue of being a Clerk or Deputy Clerk of the Constituent Assembly. So help me God ……………………………….. Clerk or Deputy Clerk of the Constituent Assembly FOURTH SCHEDULE (Made under section 24(6) and (7)) OATH OR AFFIRMATION OF CHAIRMAN OR VICE CHAIRMAN AND MEMBERS OF THE CONSTITUENT ASSEMBLY I………………………………………….…………..having been elected as Chairman, Vice-Chairman or member of the Constituent Assembly, do hereby take oath or affirm that I will be faithful and impartial to the United Republic and, to the best of my knowledge and ability, discharge the duties and perform the functions devolving upon me by virtue of being a Chairman or Vice-Chairman or member of the Constituent Assembly. So help me God ……………………………….. Chairman or Vice-Chairman or member of the Constituent Assembly 608 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.

5. The President shall, upon consultation and in agreement with the President of Zanzibar and after considering any information or prevailing social, political and economic circumstances within the United Republic, by order published in the Gazette, establish the Commission. Appointment of members of Commission Act No. 2 of 2012 s. 2

6.–(1) The President shall, in consultation and agreement with the President of Zanzibar, appoint the Chairman, Vice- Chairman and other members of the Commission. (2) Subject to subsection (3), the composition of the Commission shall have regard to the principal of equal members from either part of the United Republic. (3) In appointing members of the Commission, the President shall have regard to- (a) experience relevant to constitutional review or professional qualifications on constitutional matters, law, public administration, economic, finance and social science; (b) geographical and the population diversity of the United Republic; and (c) age, gender and representation of various social groups. 1 GN. No. 394 of 2011. 588 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] (4) Without prejudice to subsection (3), a person shall not qualify for appointment as a member of the Commission unless that person is of high integrity and impeccable behavior. (5) Notwithstanding subsection (3), a person shall not qualify for appointment as a member of the Commission if that person is- (a) a member of security organs; (b) a person who has been convicted of, or is the subject of proceedings in the court of law for an offence involving dishonesty or moral turpitude; or (c) a non-citizen of Tanzania. (6) For the purposes of subsections (1), (2) and (3), the President shall invite fully registered political parties, religious organisations, civil societies, associations, institutions and any other group of persons under whatever name having common interest to submit to the President a lists of names of persons for appointment as members: Provided that, the lists shall, for every name proposed, indicate the age, gender, experience, qualifications and a place of abode of such person. (7) Subsection (6) shall not be construed as precluding the President from appointing as members persons outside the lists of names submitted to him as provided for in subsection (6). Composition of Commission GN. No. 394 of 2011

7.–(1) The Commission shall consist of- (a) a Chairman; (b) a Vice-Chairman; and (c) not more than thirty and not less than twenty other members. (2) Appointment of the Chairman and the Vice-Chairman shall be made on the basis of the principle that where the Chairman hails from one part of the United Republic, the Vice-Chairman shall be a person who hails from the other part of the United Republic. (3) Members of the Commission shall be appointed through an order published in the Gazette. 589 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] Terms of Reference GN. No. 394 of 2011 Functions of Commission GN. No. 394 of 2011

8.–(1) Terms of reference for the Commission shall be as provided for under sections 9 and 17. (2) Without prejudice to subsection (1), the Commission may consider any other matter as it may find necessary during the performance of its functions. (3) The Commission shall perform and complete its functions within eighteen months from the date of commencing business. (4) Where the Commission is unable to complete performance of its functions during the period referred to in subsection (3), the President may, in agreement with the President of Zanzibar, extend for not more than two months during a period which the Commission shall complete and submit the report.

9.–(1) The functions of the Commission shall be to- (a) coordinate and collect public opinions; (b) examine and analyse the consistency and compatibility of the constitutional provisions in relation to the sovereignty of the people, political system, democracy, rule of law and good governance; (c) make recommendations on each term of reference; and (d) prepare and submit a report. (2) In the implementation of the provisions of subsection (1), the Commission shall adhere to national values and ethos and shall, in that respect, safeguard and promote the following matters: (a) the existence of the United Republic; (b) the existence of the Executive, Legislature and the Judiciary; (c) the republican nature of governance; (d) the existence of Revolutionary Government of Zanzibar; (e) national unity, cohesion and peace; (f) periodic democratic elections based on universal suffrage; (g) the promotion and protection of human rights; (h) human dignity, equality before the law and due process of law; and 590 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] (i) existence of a secular nature of the United Republic that does not inclined to any religion and that respects freedom of worship. (3) For the purpose of subsection (2), and for any other matter of national importance, the Commission shall afford the people an opportunity to freely express their opinions with a view to further enrich those matters. Independence of Commission GN. No. 394 of 2011

10. The Commission shall enjoy such independence and autonomy as may be necessary for the performance of its functions and exercise of its powers under this Act and shall not be interfered by any person or authority. Oath and affirmation by members and Secretary of Commission

11. Every member of the Commission, the Secretary and Deputy Secretary shall, before taking assignment, subscribe to an oath or affirmation administered by the President as prescribed in the First Schedule to this Act. Cessation of membership Act No. 2 of 2012 s. 3(a)

12.–(1) A person shall cease to be a member of the Commission upon the occurrence of any of the following events: (a) death; (b) resignation; (c) inability by reason of illness; (d) removal for breach of the Code of Conduct; (e) conviction for an offence which carries a custodial sentence of not less than one month; and (f) where that person looses qualifications for appointment. (2) For the purpose of better discharge of the functions of the Commission, there shall be a Code of Conduct prescribed for in the Second Schedule to this Act. (3) A member of the Commission or the Secretariat who breaches the provisions of the Code of Conduct shall be disqualified from continuing to be a member. (4) Where a question of removal of a member for breach of Code of Conduct arises, the President shall appoint a Committee composed of: (a) a Judge of the Court of Appeal who shall be the Chairman; 591 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] Secretariat Act No. 2 of 2012 s. 3(b) (b) a Commissioner of the Commission for Human Rights and Good Governance; (c) a Commissioner of the Public Leaders Ethics Secretariat; (d) an advocate of the High Court for Zanzibar recommended by the Zanzibar Law Society; and (e) an advocate of the High Court recommended by the Tanganyika Law Society, who shall inquire into the matter and make recommendations to the President, and where the Committee recommends that the removal of the member should not be made the question of removal of that member shall abate. (5) The committee shall regulate its own procedure for the conduct of business.

13.–(1) There shall be a Secretariat to the Commission which shall be headed by the Secretary with assistance of the Deputy Secretary. (2) The Secretary and Deputy Secretary shall be appointed by the President upon agreement with the President of Zanzibar on the basis of the principal that where the Secretary hails from one part of the United Republic, the Deputy Secretary shall be a person who hails from the other part of United Republic. (3) A person shall qualify to be appointed as a Secretary where that person is a public servant and profess law profession and has served as such for a period of not less than ten years and is of good conduct and character. (4) The Secretary and the Deputy Secretary shall be responsible to the Commission and shall perform such functions and discharge duties of the Secretariat. (5) Other members of the Secretariat shall be appointed by the Minister upon agreement with the Minister responsible for constitutional affairs of the Revolutionary Government of Zanzibar. (6) The Secretariat shall have such number of public officers as may be necessary for better performance and the exercise of powers of the Commission. 592 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] Expenses of Commission (7) The Commission shall be a disciplinary authority in respect of members of the Secretariat.

14.–(1) The expenses of the constitutional review incurred by the Commission in accordance with this Act shall be charged on and issued out of the Consolidated Fund of the United Republic. (2) Members of the Commission and the Secretariat shall be remunerated subject to the relevant laws and regulations. Immunity of members of Commission and Secretariat GN. No. 394 of 2011

15. A member of the Commission or the Secretariat shall not be liable personally to a civil or a criminal action for or in respect of any matter or thing done or omitted to be done in good faith as member of the Commission or the Secretariat in the performance of the functions of, and in the exercise of powers of, the Commission under this Act. Accounts and audit Cap. 418 Cap. 410 Cap. 348

16.–(1) The Secretary shall cause to be kept proper books of accounts and shall, within and not later than three calendar months after the end of each financial year, cause to be prepared a statement of income and expenditure during the financial year. (2) The accounts relating to the operations of the Commission on the last day of the financial year shall be submitted for audit by the Controller and Auditor-General in accordance with the Public Audit Act, the Public Procurements Act and the Public Finance Act. PART IV PROCEDURE OF COMMISSION2 Mode of operation Act No. 2 of 2012 s. 3(c) GN. No. 394 of 2011

17.–(1) The Commission shall perform its functions in accordance with this Act and the terms of reference. (2) For the purposes of implementation of subsection (1), the Commission shall- 2 GN. No. 394 of 2011. 593 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] (a) articulate and conduct awareness programmes on the objectives and functions of the Commission; (b) hold such number of meetings or assemblies in such places and at such times as it shall determine; (c) examine and analyse divergent public opinions separately; and (d) prepare and submit a report in accordance with the terms of reference. (3) The Commission may ask any person who is willing to appear before it for discussion, orally or by production of document, on any constitutional matter which the Commission considers relevant to the constitutional review process. (4) In the performance of its functions under this Act, the Commission shall examine and analyse the ideas, views, information, opinions, proposals and recommendations collected and examined in the past, including: (a) a summary of the public opinions on areas of convergence and divergence for both parts of the United Republic; (b) all documents reflecting the ideas, views and opinions of the general public under the White Paper No. 1 of 1962 on the Establishments of the Republic of Tanganyika, Arusha Declaration of 1967, the Presidential Commission on the Establishment of Democratic One-Party System, the 1983 National Executive Committee of CCM Proposed Amendments to the Constitution of the United Republic of Tanzania, 1977 and the Constitution of Zanzibar, 1979, the Presidential Commission on Single Party or Multi- Party System in Tanzania 1991 and the Committee for the collection of views on the Constitution (the White Paper, No. 1 of 1998); (c) the Independence Constitution of Tanganyika, 1961; (d) the Constitution of the Republic of Tanganyika, 1962; (e) the Articles of Union of the Republic of Tanganyika and the people’s Republic of Zanzibar; (f) the Interim Constitution of the United Republic of Tanzania, 1965; 594 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] (g) the Constitution of the United Republic of Tanzania, 1977; (h) the following Zanzibar Presidential Decrees: (i) the Constitutional Government and Rule of Law Decree, 1964; (ii) Equality, Reconciliation and Unity of the Zanzibar People Decree, 1964; (iii) the Existing Laws Decree, 1964; (iv) Confisication of Immovable Property Decree, 1964; (v) (vi) the Cabinet Decree, 1964; (i) the Legislative Powers Decree, 1964; and the Constitution of Zanzibar, 1979; (j) the Constitution of Zanzibar, 1984; (k) the joint Finance Commission Report and the Shellukindo Report on Challenges of the Union; (l) the Wangwe Report on the Fast Tracking of the East African Federation; (m) analytical and academic studies undertaken by the Commission; and (n) any other relevant documents as the Commission many consider necessary. (5) The Commission may- (a) for Mainland Tanzania, require the District Commissioner, a Director of local government authority, the Ward Executive Officer or a Mtaa or Village Executive Officer to cause to be convened meetings of residents of a township, ward or hamlet or village, as the case may be; and (b) for Tanzania Zanzibar, require the District Commissioner, Municipal Director, Clerk to the Town or District Council or a Sheha to cause to be convened meetings of residents of a township or various Shehias, for the purpose of collecting public opinions on constitutional matters as specified in the terms of reference. (6) In order to facilitate effective discharge of its functions, the Commission may form committees and assign to any of such committees general or specific matter to deliberate upon. 595 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] (7) The Commission may co-opt any person or engage any consultant as may be necessary for the proper performance of its functions. (8) In the performance of its functions, the Commission shall devise uniform methodologies, except where circumstance require otherwise, that would be applicable in each part of the United Republic in the collection and analysis of public opinions the conduct of fora and writing of the report. (9) A person who intends to conduct public awareness programme on the constitutional review and so recognised by the Commission shall, in the case of- (a) an individual, notify the Commission in writing or in that behalf, a District Commissioner, a Director of local government authority or the Municipal Director or the Clerk to the Town or District Council; or (b) an organisation, civil society, association, institution or a group of persons under whatever name having common interest, be required to- (i) issue notice to the Commission in writing or in that behalf, District Commissioner, a Director of local government authority or the Municipal Director or the Clerk to the Town or District Council; (ii) register under the relevant laws of Mainland Tanzania or Tanzania Zanzibar, and that person, organisation, society, association, institution or group of persons shall disclose to the Commission, or in that behalf, the District Commissioner, the Director of local government authority or the Municipal Director or the Clerk to the Town or District Council, as the case may be, sources of funds that would be expended for awareness programme. (10) The Notice referred to under subsection (9) shall specify time, date, place, venue and the nature of the subject matter of the awareness programme. (11) For the purpose of this section, an organisation, society, association, institution or group of persons having common interest may convene meetings in order to afford opportunity 596 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] Constitutional fora Act No. 12 of 2012 s. 3(d) for their members to make their opinions on the proposed Constitution and forward such opinions to the Commission. (12) An organisation, society, association, institution or group of persons having common interest which intend to conduct a public meeting, rally or assembly for purposes of this section shall notify the relevant authority in accordance with law governing such meeting, rallies or assemblies.

18.–(1) There shall be fora for constitutional review. (2) The fora for constitutional review shall provide public opinions on the Draft Constitution through meetings organised by the Commission. (3) The fora for constitutional review shall be formed on ad hoc basis by the Commission based on geographical diversity of the United Republic and shall involve and bring together representatives of various groups of people within the communities. (4) The fora referred to in subsection (1) and in other provisions of this Act shall exclusively be for the citizens of Tanzania. (5) For the purpose of this section, before the Commission completes making the report, it shall publish the Draft Constitution in the Gazette, and other local newspapers in order to afford opportunity to the public to further enrich the provisions of the Draft Constitution through discussions in the fora for constitutional review. (6) For the purpose of this section, the Commission may allow organisations, associations or groups of persons to convene meeting in order to afford opportunity to its members to air their views on the Draft Constitution and forward such view to the Commission. Report of Commission GN. No. 394 of 2011

19.–(1) On the basis of the examination and analysis undertaken pursuant to sections 17 and 18, the Commission shall prepare a report containing- (a) a summary of public opinions on each term of reference; 597 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] Submission and publication of report Act No. 7 of 2013 s. 3 (b) recommendations of the Commission on each terms of reference; (c) reports by consultants engaged by the Commission; (d) a Draft Constitution; and (e) any other relevant information. (2) The Draft Constitution shall form an annex to the report of the Commission.

20.–(1) The Commission shall, after the completion of making a report, submit such report to the President and the President of Zanzibar. (2) The President shall, within thirty days after receiving the report, publish the Draft Constitution in the Gazette and other local newspapers with a statement that the Draft Constitution shall be presented to the Constituent Assembly for enactment of the proposed constitution. (3) The President shall, upon consultation and agreement with the President of Zanzibar, direct the Chairman of the Commission to present the Draft Constitution of the Constituent Assembly. (4) Notwithstanding the dissolution of the Commission under section 40(1), the Clerk of the Constituent Assembly may, upon consultation with the Chairman of 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 of the Constituent Assembly. Offences and penalties Act No. 2 of 2012 s. 4 GN. No. 394 of 2011

21.–(1) A person who intentionally obstructs, hinders, prevents or by conduct or omission incites- (a) a member of the Commission or Secretariat from performing the functions or exercising the powers of the Commission; or (b) a person or group of persons from giving public opinions to the Commission, commits an offence. 598 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] (2) A person who- (a) carries on an activity of coordinating and colleting public opinions contrary to this Act; (b) impersonates to be a member of the Commission or the Secretariat; or (c) conducts awareness programme on constitutional review contrary to this Act, commits an offence. (3) A person who is convicted of an offence under this Act shall be liable to a fine of not less than two million shillings but not exceeding five million shillings or imprisonment for a term of not less than one year but not exceeding three years or to both. (4) A measure undertaken under the provisions of this section shall not abate by reason that this Act is spent and has no legal effect. PART V CONVENING OF CONSTITUENT ASSEMBLY3

22.–(1) There shall be a Constituent Assembly consisting of the following members: (a) all members of the National Assembly of the United Republic; (b) all members of the House of Representative of Zanzibar; and (c) two hundred and one members appointed by the President in agreement with the President of Zanzibar as follows: (i) twenty members from Non-Governmental Organisations; (ii) twenty members from Faith Based Organisations; (iii) forty two members from all fully registered Political Parties; 3 GN. No. 394 of 2011. 599 Convening Constituent Assembly Acts Nos. 7 of 2013 s. 4 9 of 2013 s. 2 GN. No. 394 of 2011 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] (iv) twenty members from Learning Institutions; (v) twenty members from groups of persons with disabilities; (vi) nineteen members from Trade Union Organisations; (vii) ten members from associations representing livestock keepers; (viii) ten members from fisheries associations; (ix) twenty members from agricultural associations; and (x) twenty members from any other groups of persons having common interest. (2) For the purpose of paragraph (c) of subsection (1), the total number of members of the Constituent Assembly hailing from Tanzania Zanzibar shall not be less than one third of the total number members referred to in paragraph (c). (3) The President shall invite each group specified under subsection (1)(c) from both sides of the union to submit to him a list of not less than four names and not more than nine names for consideration of appointment: Provided that, the list shall- (a) for every name proposed, indicate the age, gender, experience, qualifications and place of abode for that person; (b) take into consideration gender parity. (4) In appointing members of the Constituent Assembly under subsection (1)(c), the President shall have regard to- (a) qualifications and experience of person nominated; and (b) gender parity. (5) The President shall publish the names of members of the Constituent Assembly in the proclamation published in the Gazette. (6) The President upon agreement with the President of Zanzibar shall, after twenty-one days following publication of the Draft Constitution in terms of section 20(2), by proclamation published in the Gazette, convene the Constituent Assembly on a date specified in the proclamation. 600 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] Interim Chairman Act No. 7 of 2013 s. 5 Chairman and Vice-Chairman of Constituent Assembly Act No. 7 of 2013 s. 6 GN. No. 394 of 2011

23.–(1) Without prejudice to the provisions of section 24, after the convening of the Constituent Assembly, the Clerk of the National Assembly and the Clerk of the House of Representatives shall manage and supervise the process of electing the Interim Chairman of the Constituent Assembly who shall preside over the proceedings of the Assembly for the purposes of- (a) developing and adopting the Standing Orders of the Constituent Assembly; and (b) conducting the election of the Chairman and Vice- Chairman of the Constituent Assembly. (2) The Interim Chairman elected by the Constituent Assembly under subsection (1) shall not be eligible to contest for the chairmanship of the Constituent Assembly. [s. 22A]

24.–(1) There shall be a Chairman and the Vice-Chairman of the Constituent Assembly who shall be elected by the members of the Constituent Assembly on the first day of its meeting and in the manner prescribed in the Standing Orders of the Constituent Assembly. (2) The Chairman and the Vice-Chairman of the Constituent Assembly shall be elected from amongst members of the Constituent Assembly based on the principle that where the Chairman hails from one part of the United Republic, then the Vice-Chairman shall be a person who hails from the other part of the United Republic. (3) The election of the Chairman and the Vice-Chairman shall be conducted by secret ballots and the winner shall be elected by simple majority of votes cast. (4) A member shall not be eligible for nomination or election as a Chairman or Vice-Chairman unless that member- (a) possesses a degree from a recognised university; (b) possesses proven experience and competence in chairing public assemblies or fora; 601 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] (c) has not been convicted by any court in the United Republic and sentenced to a term of imprisonment exceeding six months for any offence involving dishonesty or moral turpitude. (5) Procedure for application, nomination and election of Chairman and Vice-Chairman shall be as may be prescribed in the Standing Orders. (6) Before assuming office, the Chairman and the Vice- Chairman shall subscribe to an oath or affirmation specified in the Forth Schedule, as the case may be, administered by the Clerk of the Constituent Assembly. (7) A member of the Constituent Assembly shall not assume office until that member has taken oath or affirmation specified in the Fourth Schedule before the Chairman or the Vice-Chairman of the Constituent Assembly. (8) For the purposes of this section, members of the Constituent Assembly shall have power to develop and adopt the Standing Orders of the Constituent Assembly before subscribing to oath or affirmation, as the case may be. [s. 23]

25.–(1) Immediately after the proclamation of the Constituent Assembly by the President and subject to subsection (2), reigning Clerks of the National Assembly and the House of Representatives shall, by operation of this Act, become the Clerk and the Deputy Clerk of the Constituent Assembly and vice versa. (2) Notwithstanding the provisions of subsection (1), the Clerk of the National Assembly and the Clerk of the House of Representatives shall, before the proclamation of the Constituent Assembly, make necessary preparations for better carrying out of the Constituent Assembly business. (3) Assumption of the offices of the Clerk or Deputy Clerk of the Constituent Assembly shall be on the basis that, where the Chairman of the Constituent Assembly is elected from one part of the United Republic, the Clerk shall be a person from the other part of the United Republic. 602 Clerk and Staff of Constituent Assembly Acts Nos. 7 of 2013 s. 7 9 of 2013 s. 3 GN. No. 394 of 2011 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] (4) The Clerk and the Deputy Clerk of the Constituent Assembly shall discharge their duties in accordance with the Standing Orders of the Constituent Assembly. (5) The Clerk of the Constituent Assembly shall, upon consultation with the Deputy Clerk, select such number of staff from the National Assembly, the House of Representatives, Offices of the Attorney General of the United Republic and Zanzibar and from other public institutions, as may be necessary for better performance of the functions of the Constituent Assembly. (6) The staff selected under subsection (5) shall be under attachment for the prescribed period of the Constituent Assembly. (7) The Clerk and Deputy Clerk of the Constituent Assembly shall, before assuming office, subscribe to an oath or affirmation before the President as set out in the Third Schedule to this Act. [s. 24]

26.–(1) The Constituent Assembly shall have and exercise powers to make provisions for the New Constitution of the United Republic and to make consequential and transitional provisions to the enactment of such Constitution and to make such other provisions as the Constituent Assembly may find necessary. (2) The powers of the Constituent Assembly to make provisions for the proposed Constitution shall be exercised by a Draft Constitution tabled by the Chairman of the Commission and passed by the Constituent Assembly. [s. 25]

27.–(1) The Constituent Assembly may develop Standing Orders of the Constituent Assembly for the conduct of business in the Constituent Assembly. (2) The provisions of the proposed Constitution shall require passing by the Constituent Assembly on the basis of support of two third majority of the total number of the members hailing from Mainland Tanzania and two third majority of the total number of members hailing from Tanzania Zanzibar. [s. 26] 603 Powers of Constituent Assembly Provisions relating to Constituent Assembly Acts Nos. 7 of 2013 s. 8 9 of 2013 s. 4 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] Acts of Constituent Assembly Act No. 7 of 2013 s. 9 Cap. 1 Abatement of powers of Constituent Assembly Act No. 7 of 2013 s. l0

28.–(1) Subject to the provisions of any Act of the Constituent Assembly, the Interpretation of Laws Act shall apply to the interpretation of an Act of the Constituent Assembly and references in that or in any other law to any Act shall, except where the context otherwise requires, include reference to an Act of the Constituent Assembly. (2) There shall be freedom of opinion in the debates of the Constituent Assembly and such opinion of the members shall not be questioned in any court or place outside the Constituent Assembly. (3) The procedure of debates in the Constituent Assembly shall be prescribed in the Standing Orders. [s. 27]

29.–(1) After the enactment of the proposed Constitution, consequential and transition provisions, the Constituent Assembly shall stand dissolved and powers to enact provisions for the proposed Constitution, consequential and transitional provisions shall abate. (2) Dissolution of, and abatement of powers of the Constituent Assembly shall not be construed as derogating powers of the President to reconstitute the Constituent Assembly for enactment of provisions amending the proposed Constitution. (3) Without 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 Chairman of the Constituent Assembly, after consultation with the Vice-Chairman may, upon approval by the President in agreement with the President of Zanzibar, extend the period under subsection (3) for such period as may be appropriate to accomplish the functions of the Constituent Assembly. [s. 28] 604 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] Publication and submission of proposed Constitution Act No. 11 of 2013 s. 55 Validation of proposed Constitution Act No. 11 of 2013 s. 55 Expenses of Constituent Assembly

30.–(1) Upon the adoption of the proposed Constitution by the Constituent Assembly, the Chairman of the Constituent Assembly shall, within seven 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, cause the proposed Constitution to be published in the Gazette and other local newspapers. [s. 28A]

31. The referendum Act shall apply in respect of validation of the provisions of the proposed Constitution. [s. 28B]

32.–(1) The expenses incurred by the Constituent Assembly in accordance with this Act shall be charged on and issued out of the Consolidated Fund of the United Republic. (2) Members of the Constituent Assembly, Clerk and Staff shall be remunerated in such manner as the President may, subject to the relevant laws and regulations, determine. [s. 29] Accounts and audit Cap. 418 Cap. 410 Cap. 348

33.–(1) The Clerk shall cause to be kept proper books of accounts and shall, within and not later than three calendar months after the end of each financial year, cause to be prepared a statement for income and expense during the financial year. (2) The accounts relating to the operations of the Constituent Assembly on the last day of the financial year shall be submitted for audit by the Controller and Auditor-General in accordance with the Public Audit Act, the Public Procurement Act and the Public Finance Act. Repealed 34–39. [Repealed by Act No. 9 of 2013, s. 5(b).] [s. 30] [s. 31-36] 605 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] PART VI GENERAL PROVISIONS4 Dissolution of Commission Act No. 7 of 2013 s. 11

40.–(1) Upon submission of the Draft Constitution to the Constituent Assembly under section 20(3), the President shall, by order published in the Gazette dissolve the Commission. (2) Dissolution of the Commission by the order of the President shall entail abatement of powers of the Commission and the Secretariat. [s. 37] Promulgation of Constitution

41.–(1) The provisions of the New Constitution shall come into force on the date provided for in the New Constitution. (2) The President shall promulgate, in such a manner and style as the President may determine, the operationalisation of the New Constitution. (3) Consequent upon promulgation of the New Constitution, this Act shall be spent and shall have no legal effect. (4) In the application of this Act, both the English version and the Kiswahili version are authentic. [s. 38] FIRST SCHEDULE (Made under section 11) PART I OATH OR AFFIRMATION OF A MEMBER OF THE COMMISSION I……………………………… having been appointed by the President as .............................. on the .......... day of ……………. 20 …………. to perform the functions of a member of Commission do hereby swear or affirm that I will be faithful and impartial to the United Republic of Tanzania and to the best of my knowledge and ability, discharge the duties and perform the functions devolving upon me by virtue of being a member of the Commission. 4 Amended by Act No. 9 of 2013 s. 5. 606 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023] So help me God ……………………………….. Member of Commission PART II OATH OR AFFIRMATION OF A SECRETARY OR DEPUTY SECRETARY I………………………… having been appointed by the President as ………………………… on the ……………….. day of ……………….. 20 ………………to perform the functions of a Secretary or Deputy Secretary do hereby swear or affirm that I will be faithful and impartial to the United Republic of Tanzania and to the best of my knowledge and ability, discharge the duties and perform the functions devolving upon me by virtue of being a Secretary or Deputy Secretary. So help me God ……………………………….. Secretary or Deputy Secretary SECOND SCHEDULE (Made under section 12(2)) CODE OF CONDUCT OF MEMBERS OF THE COMMISSION AND THE SECRETARIAT