The Referendum Act
This section says the Act may be cited as the Referendum Act.
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About this statute
This section says the Act may be cited as the Referendum Act. This Act applies in Mainland Tanzania and Tanzania Zanzibar for a referendum to approve the proposed Constitution. This section defines key terms used in the Act, including “agent,” “Commission,” “referendum,” and “voter.” The President must, within 14 days of receiving the proposed Constitution, direct the Commission to hold a referendum, and the Commission must publish the referendum question within 7 days after the proposed Constitution is published. The Commission must set key referendum details within 14 days, returning officers must notify the public within 21 days, the Commission must provide civic education for 60 days, and it may allow CSOs/NGOs to do civic education for up to 60 days before voting.
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Provisions of The Referendum Act
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- 1 Verify source ↗
Short title
This section says the Act may be cited as the Referendum Act.
1. This Act may be cited as the Referendum Act. Application Interpretation - 2 Verify source ↗
Application
This Act applies in Mainland Tanzania and Tanzania Zanzibar for a referendum to approve the proposed Constitution.
2. This Act shall apply to Mainland Tanzania and Tanzania Zanzibar in relation to a referendum for approval of the proposed Constitution. - 3 Verify source ↗
Interpretation
This section defines key terms used in the Act, including “agent,” “Commission,” “referendum,” and “voter.”
3. In this Act, unless the context requires otherwise- “agent” means a person duly appointed by a referendum committee and registered by the Commission to act both as a counting agent and a polling agent for the purposes of this Act; “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; Cap. 2 “Constitution” means the Constitution of the United Republic of Tanzania, 1977; “constituency” means a constituency for purposes of elections of the member of the National Assembly or the House of Representative; 418 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Cap. 343 Act No. 11 of 1984 “deputy referendum officer” means the person appointed under section 7(2); “deputy referendum returning officer” means the person appointed under section 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 of Tanzania and the High Court of Zanzibar and their respective registries shall be construed accordingly; “Minister” means the Minister responsible for electoral affairs; “polling station” means a room or place 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 is the subject of the referendum; “referendum” means a public vote or a poll cast in accordance with the provisions of this Act for purposes of attaining people’s decision on the 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 Commission as an evidence of the person’s registration in the register of voters; and 419 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Power to initiate referendum “voter” means a person qualified to vote at an election in accordance with the law governing election for Presidential or a Member of the Parliament or House of Representatives. PART II CONDUCT OF REFERENDUM
Part
PART II
- 4 Verify source ↗
Power to initiate referendum
The President must, within 14 days of receiving the proposed Constitution, direct the Commission to hold a referendum, 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 of 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. (3) For purposes of subsection (2), 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. (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 “YES” or “NO”. Notice of holding referendum - 5 Verify source ↗
Notice of holding referendum
The Commission must set key referendum details within 14 days, returning officers must notify the public within 21 days, the Commission must provide civic education for 60 days, and it may allow CSOs/NGOs to do civic education for up to 60 days before voting.
5.–(1) The Commission shall, within fourteen days after publication of the referendum question in the Gazette, specify- (a) the period for sensitisation 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. 420 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] (2) Every referendum returning officer shall, within twenty one days from publication of the notice by the Commission, notify the public in his respective constituency about the procedure for the conduct of the referendum. (3) For purposes of sensitisation 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. (4) Without prejudice to subsection (3), the Commission may allow civil societies and non-governmental organisations which are interested in carrying out civic education or awareness programme on the proposed Constitution to carry out civic education or awareness programme for a period of not more than sixty days prior to the voting date. (5) A civil society or non-governmental organisation which has been allowed to carry out civic education or awareness programme on the proposed 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. Responsibilities of Commission - 6 Verify source ↗
Responsibilities of Commission
The Commission must oversee a referendum, regulate voters’ education, and organise and supervise the poll.
6.–(1) Save as otherwise provided for under this Act, the Commission shall be responsible for- (a) supervision of the general conduct of a referendum; and (b) promotion and regulation of voters’ education for the referendum. (2) The Commission shall organise and supervise the conduct of poll during the referendum. (3) During the conduct of a referendum, the Commission shall not be subject to the direction or control of any person or authority. 421 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Referendum returning officer Appointment of other officers - 7 Verify source ↗
Referendum returning officer
The Commission appoints referendum returning officers and may appoint deputies. The returning officer appoints polling-station officers, the Commission issues binding guidelines, deputies may act under direction, and deputy officers cannot order arrests or removals from polling stations.
7.–(1) 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. (3) The Commission shall issue guidelines providing for the appointment of 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, subject to 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 officer may, upon the direction and control of the referendum officer, perform any act which the referendum officer is required or authorised to perform under this Act; except that such officer shall not have power to 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 officer and a referendum deputy returning officer under this section shall be published in such manner as the Commission may deem necessary. (8) An officer appointed under this Act shall, before assuming office, take an oath or affirmation in the manner to be prescribed by the Commission and be partial in performing his duties. - 8 Verify source ↗
Appointment of other officers
During a referendum, the Commission may appoint regional referendum coordinators and other staff to help run the referendum.
8.–(1) The Commission may, during a referendum, appoint by office or by name in respect of every region, a regional information, the referendum coordinator to coordinate availability of material resources and other matters necessary for the efficient conduct of referendum in constituencies within the Region. 422 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Right to vote at referendum Cap. 343 Act No. 11 of 1984 Polling areas and polling stations (2) The Commission may appoint such other staff as it deems necessary to assist in the conduct of the referendum and such staff may, subject to the general or specific directions of the Commission, exercise any or all of the duties and powers conferred or imposed upon the Commission under this Act or any other written law. - 9 Verify source ↗
Right to vote at referendum
People on the voter register can vote at the referendum unless another written law bars them; referendum officers must check identity and, in some cases, require a declaration form.
9.–(1) The register of voters established under the National Elections Act and the Zanzibar Elections Act shall be the register of voters for purposes of the referendum. (2) A person whose name is entered in the register of voters established under the National Elections Act or the Zanzibar Elections Act shall, unless that person is 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 to vote. (4) Where a person is a registered voter and his particulars are available in the voters’ register but has lost the voter’s card, the referendum officer shall, before allowing that person to vote, require that person to fill a declaration form prescribed by the Commission. - 10 Verify source ↗
Polling areas and polling stations
The Commission must divide constituencies into polling areas, assign each area a distinctive number or letter, appoint polling stations, and publish a Gazette notice listing the polling areas and their identifiers.
10.–(1) The Commission shall- (a) divide each constituency in which the referendum is to be held into polling areas or declare any particular constituency to be a single polling area; (b) assign to each polling area distinctive number or letter or a combination of both number and letter; (c) appoint the polling station or stations for each polling area; and (d) publish in the Gazette a notice specifying- the polling area for each constituency; and (i) (ii) the distinctive number, letter or their combination, assigned to each polling area. 423 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] (2) In determining the boundaries of the polling 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 of public facilities - 11 Verify source ↗
Use of public facilities
The Commission may use public facilities as polling stations free of charge, and may use private facilities when needed if it gets the private owner’s consent.
11.–(1) The Commission may, free of charge, use any public facility as a polling station. (2) The Commission may, when need arises use private facilities after obtaining consent of the private owner. Establishment of referendum committees Registration of referendum committees PART III THE REFERENDUM COMMITTEES
Part
PART III
- 12 Verify source ↗
Establishment of referendum committees
Two referendum committees are established at the National level and two at the constituency level.
12.–(1) There is established two referendum committees at the National level and two referendum committees at the constituency level. (2) The referendum committees established under subsection (1) shall be composed of groups of persons, associations, civil society organisation or organisations intending to support or oppose the referendum question during the referendum period. - 13 Verify source ↗
Registration of referendum committees
Referendum committees must apply for registration before the campaign period, appoint a leader first, and submit the required information with the application.
13.–(1) A referendum committee shall, within twenty one days prior to the referendum campaign period, apply to the Commission for registration for purposes of conducting referendum campaign. (2) Every 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 424 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] (c) provision of the sample signatures of the agents to- (i) the Commission, where the referendum committee is at the national level; and (ii) the referendum returning officer, where the referendum committee is at the constituency level. (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 full name, address, telephone number of the the full name of the committee; leader of the committee; (iii) the name, address and telephone number and title of each officer of the committee; (iv) the address and telephone number of the office of the committee to which communication may be addressed; and the name, address and telephone number of the agents; (v) (b) disclose its sources of funds; (c) indicate the areas in which the committee intends to support or oppose the referendum question; and (d) be accompanied by a statement signed by the leader that the agent has accepted the appointment as an agent. (6) On receipt 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 of a refusal, state reasons thereof. 425 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] (7) A referendum committee shall not be registered where- (a) the name of the committee resembles the name of a previously registered referendum committee that the committee is likely to be confused with that previously registered committee; or (b) the Commission or as the case may be,the referendum returning officer 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. Register of agents - 14 Verify source ↗
Register of agents
The Commission must keep a register of agents for registered referendum committees.
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. Appointment of agents at polling area Referendum question campaign - 15 Verify source ↗
Appointment of agents at polling area
Referendum committee leaders must appoint no more than two agents for each polling area, and each agent must be appointed in writing, given an identity card before engaging in referendum activities, and take the oath the Commission specifies.
15.–(1) The leaders of all referendum committees shall appoint not more than two agents to be present where polling is taking place at each polling area. (2) Every person appointed as an agent pursuant to this section shall be appointed in writing and be issued with an identity card prior to engagement in any referendum activities and shall take such oath of office as the Commission may specify. - 16 Verify source ↗
Referendum question campaign
A referendum committee may campaign for 30 days during the referendum period, but it cannot start campaigning until the Commission announces the start date, and all campaigns must stop 24 hours before polling starts.
16.–(1) A referendum committee supporting or opposing the referendum question may carry out campaigns to support or oppose the referendum question for a period of thirty days during the referendum period. (2) A referendum committee shall not commence a campaign under subsection (1) unless the Commission announces the date on which the campaign will commence. (3) All campaigns referred to in subsection (1) shall cease twenty-four hours before the start of polling. (4) The announcement for commencement of referendum campaign shall be in the form prescribed by the Commission. 426 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Referendum campaign expenses - 17 Verify source ↗
Referendum campaign expenses
A referendum committee must run and pay for its own campaign, disclose its 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. (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 where 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 in the Gazette, prescribe the maximum amount of referendum expenses depending on the difference in the size of constituency. (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 referendum campaign. PART IV VOTING AT A REFERENDUM
Part
PART IV
- 18 Verify source ↗
Voting at referendum
Referendum voting must be by secret ballot. Most people may only vote in the area where they are registered, and no one may cast more than one vote. The Director may authorise certain eligible workers at a different polling station to vote in their constituency.
18.–(1) Voting at a referendum shall be by secret ballot and held in accordance with the provisions of 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 officer, 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 a person authorised in that behalf by the Director may, by a certificate under his hand, authorise the voter to 427 Voting at referendum ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Equipment of polling stations vote in such constituency, and that polling station shall, for purposes of this Act, be deemed to be the polling station allocated to such voter. - 19 Verify source ↗
Equipment of polling stations
The returning officer must supply polling stations with the equipment and materials needed for voting, and the referendum returning officer must provide ballot boxes and ballot papers to referendum officers based on polling-station needs.
19.–(1) The referendum returning officer shall provide to each referendum officer with such number of ballot boxes and ballot papers to the extent of the needs of polling station for the effective carrying out of the provisions of this Act. (2) Every ballot box shall be constructed- (a) with an aperture which is large enough to receive a ballot paper but which is no larger; (b) 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 (c) so that it bears serial numbers of the polling stations which shall be displayed conspicuously at every polling station. (3) The returning officer shall provide each polling station with- (a) materials to enable voters to mark their ballot papers where marking is necessary; (b) 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 indelible ink suitable for that purposes; (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; (f) a sufficient number of polling booths to enable voters to mark their votes secretly; and (g) any other equipment authorised by the Commission for the conduct of voting at the polling station. 428 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Admission to polling stations - 20 Verify source ↗
Admission to polling stations
The referendum officer must control how many voters enter a polling station at one time and keep out everyone except listed categories of people.
20.–(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 except- (a) commissioners or officers of the Commission; (b) police officers or any other person responsible for security; (c) persons necessarily assisting blind or incapacitated voters; (d) agents registered by the Commission; and (e) accredited observers and representatives of the print and electronic media approved or accredited by the Commission. (2) A person, other than a registered voter, shall not be admitted to a polling station. Order at polling stations - 21 Verify source ↗
Order at polling stations
The referendum officer must keep order at the polling station and can order disruptive or obstructive gatherings to disperse.
21.–(1) It shall be the duty of the referendum officer to keep order at the polling station. (2) The referendum officer may order the dispersal of any gathering of 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 authorised by the order, to effect the dispersal. (3) The power conferred on a referendum officer 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 a person causes disruption at a polling station, or fails to obey the lawful instructions or orders of the referendum officer, that person may immediately be removed, by order of the referendum officer, or by a police officer, and a person so removed shall not re-enter the polling station during the continuance of the poll without the permission of the referendum officer. 429 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Postponement and extension of polling Communication with voters at polling station - 22 Verify source ↗
Postponement and extension of polling
A referendum officer may postpone, transfer, or extend polling when voting is disrupted or for good cause, and must give notice and recover lost time where required.
22.–(l) Notwithstanding the terms of any notice issued under this Act, a referendum officer may postpone polling proceedings at the polling station if they are interrupted by a riot, violence, natural catastrophe, shortage of equipment or other cause, but the proceedings shall resume as soon as practicable. (2) The powers of a referendum officer shall include the power to transfer the proceedings to another polling station in the same constituency, and in such a case- (a) the referendum officer shall, after consultation with the referendum committees, issue a notice of the fact in the manner he thinks sufficient to bring the notice to voters; and (b) the polling area for the polling station from which the proceedings are transferred shall, for that purpose be deemed to be part of the polling area of the polling station to which the proceedings are transferred. (3) A referendum officer may extend the hours of polling at the polling station where polling has been interrupted or for other good cause, and shall, where polling in that polling station is delayed, extend the period of polling to recover any lost time. - 23 Verify source ↗
Communication with voters at polling station
Most people must not communicate with a voter inside a polling station for voting purposes unless the referendum officer authorises it.
23.–(1) A person other than a returning officer or a referendum officer on duty shall not, except with the authority of the referendum officer, communicate with a voter who is within the area of a polling station for the purpose of voting. (2) Subsection (1) shall not be construed as preventing the companion of a blind or incapacitated voter from communicating with that voter. Sealing of ballot boxes - 24 Verify source ↗
Sealing of ballot boxes
The referendum officer must show and seal ballot boxes, keep sealed boxes visible, secure unused apertures, and let agents inspect ballot papers and serial numbers before polling starts.
24.–(1) The referendum officer shall, immediately before the commencement of 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 or boxes so that they may not be opened without breaking the seal. 430 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] (2) After a ballot box is sealed, the referendum officer shall cause it to be placed in the polling station such that it can at all times be in the view of the officer, the deputy referendum officer and the agents present. (3) On the adjournment of the poll in a polling station to another day, or on the close of the poll at one station 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 officer shall close the aperture used for the insertion of 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 without breaking the seal. (4) After 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 law fully present at the polling station where polling is about to resume. (5) The referendum officer 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 papers - 25 Verify source ↗
Ballot papers
The Commission must prepare ballot papers for use at a referendum.
25.–(1) The 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 both letter and number, printed on the front; (c) attach a counterfoil with the same number or combination of 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 “YES” or “NO” by the voters. 431 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] General voting procedures - 26 Verify source ↗
General voting procedures
This section sets out how the referendum officer must handle ballot papers and how voters must vote, and it bans unauthorised people from being in the polling booth while a voter is marking a ballot.
26.–(1) The referendum officer shall, before delivering a ballot paper to a voter, ensure that- (a) the back of the ballot paper is stamped with the official mark of the Commission; (b) the number and name of the voter as stated in the copy register is called out; and (c) the name of the voter is marked and the electoral number of the voter is retained as proof that a ballot paper has been delivered to him. (2) A voter shall- (a) upon receiving the ballot paper- (i) immediately proceed into one of the polling booth of the polling station and while there, secretly mark the ballot paper in the box and column provided against the symbol of the side for which the voter wishes to vote; and (ii) fold it up so as to conceal the vote and put it into the ballot box in the presence of the referendum officer, in full view of the persons lawfully present; (b) have his little left finger or any other part of his body immersed, dipped or marked in ink in the manner sufficiently indelible to leave a mark for the period of the referendum ; and (c) immediately after voting, leave the polling station. (d) A person, other than a person acting under section 20, shall not be present in the polling booth of a polling station while a voter is inside that polling booth for the purpose of marking 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, commits an offence and on conviction, shall be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three months or to both. 432 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Assisted voters (5) An officer who deliberately refuses to mark or stamp any ballot paper commits an offence and on conviction, shall be liable to fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three months or to both. - 27 Verify source ↗
Assisted voters
This section lets an eligible voter be assisted in voting, limits who may enter the booth, requires the assistant to follow specific steps, and creates offences and penalties for false statements or contraventions.
27.–(1) The referendum officer shall, on the application of a voter who declares to be unable to read or write or who is incapacitated by reason of 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 of 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 vote. (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 of the household to assist such voters at the same time; and (b) immerse or dip his left thumb or any part of the body of the assisted person in a container containing ink of a distinctive colour which is sufficiently indelible to leave a mark for the period of the referendum. (4) 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. (5) The referendum officer, may where the voter has no assistant, and upon request by the voter, cause the vote of the voter to be cast on the voter’s behalf. (6) Where the referendum officer grants the request of a voter under this section, the referendum officer shall record in the copy register, against the name of the voter, the fact that the voter was assisted and the reason for the assistance. 433 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Procedure on close of polling station Votes to be counted at polling station (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 this section commits an offence and on conviction, shall be liable to a fine not exceeding two million shillings or to imprisonment for a term not exceeding three months or to both. - 28 Verify source ↗
Procedure on close of polling station
After polling closes, the referendum officer must prepare a written statement of the listed ballot-paper counts and then make, in the presence of agents, separate sealed packets for the specified materials.
28.–(1) The referendum officer shall, immediately after the close of the polling station make a written statement of the number of- (a) ballot papers issued to the referendum officer; (b) used ballot papers; (c) votes to be counted at the polling station; (d) recount; (e) spoilt ballot papers; and (f) ballot papers remaining unused. (2) The referendum officer shall, immediately after the completion of the statement in subsection (1), in the presence of agents, make separate packets containing the- (a) spoilt ballot papers, if any; (b) marked copy register; (c) counterfoils of the used ballot papers; and (d) statement specified in subsection (1), and shall seal each of the packets with an official seal of the Commission. - 29 Verify source ↗
Votes to be counted at polling station
The referendum officer must count the polling-station votes immediately after voting ends, with agents present, and must admit only limited categories of people to the count.
29.–(1) The referendum officer shall, immediately after completion of voting exercise and in the presence of agents, count the votes for that polling station. (2) An agent shall not be deemed to be a counting agent unless at least thirty six hours before the close of 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 submitted to the referendum officer and a referendum officer shall not allow a person whose authorisation has not been so submitted to attend to a counting of votes. 434 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Recount Rejected ballot papers (3) Notwithstanding the provisions of this section, a referendum officer shall not admit more than two counting agents, to the counting of votes in the polling station. (4) The referendum officer shall admit observers duly approved or accredited by the Commission, commissioners or officers of the Commission, police officers or any other person responsible for security, or agents registered by the Commission to attend the proceedings of counting of votes. - 30 Verify source ↗
Recount
A registered agent may ask for votes to be recounted after counting is finished if dissatisfied, and the referendum officer may also order a recount on their own initiative, but no vote recount may happen more than twice.
30. A registered agent may, upon completion of counting of votes and where he is not satisfied with the counting of the votes, require the referendum officer to have the votes recounted or the referendum officer may on his own initiative have the votes recounted, save that no recount of votes shall take place more than twice. - 31 Verify source ↗
Rejected ballot papers
The referendum officer must mark rejected and disputed ballot papers in the ways stated, prepare a statement of rejected ballot papers after counting ends, and give interested persons a copy of that statement.
31.–(1) Every rejected ballot paper shall be marked with word “rejected” by the referendum officer and, where an objection to the rejection is made by a person or group of persons interested in the results of the referendum, the referendum officer shall add the words “rejection objected to”. (2) The referendum officer shall mark every counted ballot paper whose validity has been disputed or questioned by a person or group of persons interested in the results of the referendum with word “disputed”. (3) When the counting of votes is concluded, the referendum officer shall prepare a statement showing the number of rejected ballot papers on the basis of the following grounds: (a) want of an official mark; (b) voting, both in support of, and in opposition to the referendum question; (c) unauthorised 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 to a copy of that statement. 435 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Sealing of ballot papers - 32 Verify source ↗
Sealing of ballot papers
The referendum officer must pack, seal, display, and deliver ballot materials after counting votes.
32.–(1) On completion of counting of the votes, the referendum officer shall seal in separate packets the- Constituency results (a) counted votes which are not disputed; (b) rejected votes together with the statement relating to those; and (c) disputed votes. (2) The referendum officer shall- (a) put the three packets under subsection (1) together with the statement made under section 28; (b) announce the declaration of results; (c) demonstrate to the voters, accredited observers and any agents present that the ballot box is empty; (d) seal the ballot box with the Commission’s seal; (e) let the agents present or any of them affix their own seals on the ballot box if they so wish; and (f) as soon as is practicable deliver to the referendum returning officer the ballot box containing the items listed under subsection (1). - 33 Verify source ↗
Constituency results
The referendum returning officer must review disputed ballot papers, announce the valid vote totals and winning side, complete and sign the results form, give a copy to registered referendum committee agents, and send the original to the Commission.
33.–(1) Immediately after the results of 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 of commissioner or officer of the Commission, police officer or any other person responsible for security, agents registered by the commission, accredited and approved representatives of electronic and print media, accredited observers and leaders of the referendum committees- (a) examine the ballot papers marked “rejected”, “rejection objected to” and “disputed” and confirm or vary the decisions of the referendum officers with regard to the validity of those ballot papers; (b) publicly announce to persons present the total number of valid votes cast for each side in the referendum; (c) publicly declare to the persons present the side that has received the greater number of the valid votes cast in the referendum and therefore the winning side; 436 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] (d) complete form in which he shall declare the- (i) name of the constituency; (ii) total number of registered voters; (iii) valid votes cast in support of or in opposition to the referendum question; (iv) number of rejected votes cast in support of or in opposition to the referendum question in each polling station; (v) aggregate number of votes cast in the constituency; and (vi) aggregate number of rejected votes; and (e) sign and date the form and- (i) give a copy of the form to the registered referendum committee’s agents; and (ii) deliver the original form to the Commission. (2) The results in a constituency shall be in a form to be issued by the Commission and subject to confirmation by the Commission after a tallying of all the votes cast in the referendum. (3) The decision of the referendum returning officer on the validity or otherwise of a ballot paper or vote under this section shall, subject to verification by the Commission, be final except where a referendum petition has been filed. Announcement and publication of referendum results - 34 Verify source ↗
Announcement and publication of referendum results
The Commission must announce and publish referendum results within 72 hours after the final polling closes.
34.–(1) The Commission shall, on receipt of results of the referendum from all constituencies and within seventy two hours from the close of the final polling in the referendum- (a) announce to the public the total number of valid votes cast supporting or opposing the referendum question; (b) declare whether or not the subject matter of the referendum has been ratified by more than fifty per cent of the valid votes cast for Mainland Tanzania and Zanzibar; (c) publish a notice in the Gazette indicating the results of the referendum in each constituency; and 437 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Referendum results (d) publish in the Gazette a certificate declaring the results of the referendum and confirming whether or not the matter to be decided has been ratified in accordance with the provisions of the Act. (2) For purposes of subsection (1)(b), the votes to be counted for Zanzibar shall include: (a) votes of persons registered in the Zanzibar Electoral Commission register; and (b) votes of persons residing in Zanzibar or Tanzania Mainland and registered under the National Electoral Commission register. (3) For all purposes of the referendum, the results published in the Gazette, shall be the official results of the referendum. - 35 Verify source ↗
Referendum results
Referendum results are decided by specified vote majorities, and if the YES vote threshold is not met in either area, the Commission must set a new poll day within 60 days.
35.–(1) 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 in 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 of the United Republic and the Revolutionary Government of Zanzibar. (3) Where the votes cast “YES” on a question at a referendum are not more than fifty per cent of the total 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 repeat the poll and referendum procedures shall commence afresh. (4) Subject to subsection (3), the Commission may, where circumstances so require, afford- (a) sufficient time for sensitisation and public awareness on the referendum on the proposed constitution; or 438 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Cap. 2 Procedure for conduct of referendum Cap. 343 Cap. 292. Act No. 11 of 1984 Voting under special circumstances Accreditation of observers (b) necessary time for the President, in agreement with the President of Zanzibar, to reconvene the Constituent Assembly in order to reconsider provisions of the proposed constitution. (5) Where the majority of the valid votes cast in the referendum is “NO”, the Constitution of the United Republic of Tanzania, 1977 shall remain in force. PART V GENERAL PROVISIONS
Part
PART V
- 36 Verify source ↗
Procedure for conduct of referendum
The general election procedure applies to referendums, with necessary modifications.
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. - 37 Verify source ↗
Voting under special circumstances
The Commission may make special voting arrangements for a referendum for certain voters who cannot vote on the day, and 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 of 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 nomadic life on account of vagaries of weather, physically disabled persons and expectant mothers: Provided that, a person shall not vote unless he is registered as a voter in the voter’s register. - 38 Verify source ↗
Accreditation of observers
People or organisations that want to act as referendum observers must apply to the Commission for accreditation at least two months before the referendum date.
38.–(1) A person who, or an association, institution or organisation, which intends to act as observer, shall, not later than two months before the referendum date, apply to the Commission for accreditation. (2) The Commission may accredit a person or officials of associations, institutions or organisations, which are manifest non-partisan to act as referendum observers. (3) The Commission shall issue guidelines for referendum observers, which shall be binding on accredited referendum observers. 439 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] (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 of their individual or group observation not later than fourteen days after the date of the announcement of the referendum results in respect of the referendum observed. - 39 Verify source ↗
Attendance of agents
Expressions about acts done in the presence of polling or counting agents are treated as referring to that presence, and an act is not invalid just because an agent was absent if it was otherwise lawfully done.
39. Where in this Act expressions are used requiring, authorising, 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. Attendance of agents General powers of Commission - 40 Verify source ↗
General powers of Commission
The Act does not stop the Commission from taking further administrative measures or issuing policy guidelines and regulations for a referendum.
40. This Act shall not be construed as preventing the Commission from taking further administrative measures or issuing policy guidelines and regulations to ensure effective conduct of a referendum. Costs of referendum - 41 Verify source ↗
Costs of referendum
Referendum expenses are paid from the Consolidated Fund, and a person cannot be required to state how he voted.
41. The expenses incurred in conducting a referendum shall be charged out of the Consolidated Fund. Person not required to state how 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 proceeding.
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. Challenging referendum results - 43 Verify source ↗
Challenging referendum results
A referendum committee may challenge referendum results in the High Court, but only if it is the national committee, has enough signatures, and files the petition 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 where- (a) it is the referendum committee at the national level; and (b) it obtains not less than ten percent signatures of the total number of the registered voters from each part of the union of at least five constituencies. 440 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] (3) A petition shall be filed in the High Court Registry within fourteen days after the declaration of referendum results. (4) For 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 of the petition, shall lodge an objection to the High Court. (6) A person who contravenes subsection (4) commits an offence and on conviction, shall be liable to a fine of ten million shillings or imprisonment for seven years or to both. (7) A referendum committee may challenge the results of a referendum for non compliance of this Act or the National Election Act and the Zanzibar Elections Act, where such non- compliance has substantial effect on the referendum results. - 44 Verify source ↗
Deposit of security for costs
The Registrar of the High Court cannot set a hearing date for a referendum petition unless the petitioner has paid security for costs, up to five million shillings as determined by the Registrar.
44.–(1) 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. Cap. 343 Act No. 11 of 1984 Deposit of security for costs Determination of petition by Court - 45 Verify source ↗
Determination of petition by Court
The High Court determines referendum petitions and must decide them within 21 days after filing.
45.–(1) The High Court shall have jurisdiction to determine referendum petitions. (2) The High Court shall inquire into and determine the referendum petition not later than twenty-one days from the date on which the petition is filed. (3) After due inquiry of the referendum petition, the High Court may either- (a) dismiss the petition; (b) declare the results to be incorrect and declare the correct results; 441 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] (c) order the Commission to repeat the polling in any particular place or places; or (d) annul the referendum results and order a new referendum to be conducted. (4) Without prejudice to subsection (3) the High Court may, before making a decision, order a recount of the votes cast. (5) This section does not confer on the High Court power to convict a person of a criminal offence 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. - 46 Verify source ↗
Appeals
A dissatisfied party in a referendum petition must appeal to the Court of Appeal within 7 days after getting the judgment and proceedings, the High Court must provide a copy within 5 days of its decision, and the Court of Appeal must decide the appeal within 14 days of the petition being lodged.
46.–(1) A party to a 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 of 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 of 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 of appeal. Appeals Prohibition of incitement of public disorder at referendum - 47 Verify source ↗
Prohibition of incitement of public disorder at referendum
While canvassing in a referendum, a person must not use defamatory language or language that incites public disorder, hatred, or violence.
47.–(1) 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 on conviction, shall be liable to a fine of not less than two million shillings or to imprisonment for a term of not less than six months or to both. 442 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] Offences and penalties Cap. 343 Rules of procedure Regulations - 48 Verify source ↗
Offences and penalties
A person who breaches this Act where no other penalty is provided commits an offence and may be fined one million shillings or jailed for six months.
48. A person who contravenes the provisions of this Act for which no penalty has been provided, commits an offence and shall be 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 rules of procedure for referendum petitions and appeals under the 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. - 50 Verify source ↗
Regulations
The Commission may make regulations for carrying out the Act, including referendum procedures, and those regulations must be published in the Gazette.
50.–(1) The Commission may, make regulations providing for the better carrying out of the provisions of this Act. (2) Without prejudice to the generality of subsection (1), the Commission may make regulations providing for the following matters: (a) the establishment of polling stations; (b) the manner and procedure of voting at a referendum; (c) the manner of ascertaining the identity of persons wishing to vote at a referendum, and whether such persons are qualified to vote; (d) the manner in which persons with disability may vote at a referendum; (e) voting by persons employed on duties on the day of a referendum; (f) the maintenance of secrecy at a referendum; (g) the postponement and extension of time for a poll in case of riot or violence at a referendum; (h) the administering of oaths or affirmations by officers in respect of such matters as may be prescribed; (i) the procedure to be followed at the conclusion of a poll in a referendum; (j) the procedure for counting and addition of votes in a referendum, for Mainland Tanzania and for Tanzania Zanzibar, and the circumstances in which votes in a referendum may be rejected by a returning officer as invalid; 443 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] (k) the declaration, notification and publication of the results of a referendum; (l) the custody and disposal of ballot papers, records, documents or other things relating to the conduct of a referendum; (m) the forms and records to be used for any of purposes of this Act; or (n) any other thing which the Commission may deem necessary for purposes of this Act. (3) The regulations under this Act shall be published in the Gazette. Power to amend or replace Schedule
Part
Schedule
- 51 Verify source ↗
Power to amend or replace Schedule
The Minister may amend or replace all or part of the Schedules by notice in the Gazette, after consulting the Minister responsible for elections in Tanzania Zanzibar.
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. Application of other laws Cap. 343 Act No. 11 of 1984 - 52 Verify source ↗
Application of other laws
If this Act has no guiding provision, the National Elections Act and the Zanzibar Elections Act apply to the referendum with necessary modifications; if there is a conflict, this Act prevails.
52.–(1) Where there is no guiding provision under this Act, the National Elections Act and the Zanzibar Elections Act, shall apply to the conduct of the referendum, with necessary modifications. (2) Where there is conflict between this Act and any provision of the National Elections Act and the Zanzibar Elections Act, this Act shall prevail. Promulgation of Constitution - 53 Verify source ↗
Promulgation of 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 Omitted
Part
PART VI
- 54 Verify source ↗
55. [Omitted.]
This form is an order for a referendum, and the people’s views on the issue should be known within 70 days from the date of the order.
54.–55. [Omitted.] 444 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. THE REFERENDUM ACT [CAP. 440 R.E. 2023] SCHEDULE ORDER FOR A REFERENDUM FORM NO. 1 (Made under section 4(2)) I, ………………………………………………………………………… the United Republic of Tanzania, hereby President of to obtain order to conduct a referendum issue people’s ………………………………………………………………………… the Commission on decision proposed Constitution the The views of the people on the issue for the referendum should be known not later than seventy days counting from the date of this order. Dated this …… day of ……………… 20………………… ……………………………… President 445 ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG. ©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.
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