The enforcement of basic rights and freedoms in tanzania background information it is now common knowledge that the bill of rights was introduced for the first time in the permanent constitution of the united republic of tanzania1 by the fifth constitutional. Pressure for constitutional reform in tanzania has been primarily driven by and repeatedly failed to address tensions between the nations two constituent parts, mainland tanganyika and the zanzibar isles. Presidential election who has misgivings about the election, may file a. This document has been recompiled and reformatted using texts collected in oxfords constitutions of the world. In 1977, the government adopted the permanent constitution of the united republic of tanzania, 1977, consolidating changes that had been undertaken. This discussion focus is made to the last one that is the constitution of united republic of tanzania of 1977 as amended from time to time. Tanzanias constitutional reform predicament and the survival of the tanganyika and zanzibar union. The history subfield includes the dates of previous constitutions and the main steps and dates in formulating and implementing the latest constitution. Constitution, constitution came into force on april 25, 1977 and.
For countries with previous constitutions, the years are listed. Constitution of tanzania zanzibar legal services centre. Tanzania united republic ofs constitution of 1977 with. Aug 10, 2010 edition notes this edition of the constitution of the republic of tanzania, 1977, incorporates and consolidates all amendments made in the constitution since its enactment by the constituent assembly in 1977 up to the 30th june, 1995cover p. Andrew francis uma, a district executive director of meatu district council in shinyanga region, made the application moving the court for. Tanzania adopted the independence constitution of tanzania.
The 1965 constitution was enacted by an ordinary act of parliament an equivalent of an amendment of the constitution repealing an existing constitution and establishing a new one. The new constitution would replace one passed in 1977 when tanzania was under oneparty rule. Tanzania approved a draft constitution on thursday against the wishes of the main opposition parties that boycotted the process and said they would protest against the new charter, increasing political tensions before elections next year. Constitution of zanzibar 1984, including amendments up until 2002 constitution of zanzibar 1984, articles 26, 283 constitution of zanzibar 1984, articles 26, 39, 41the constitution was amended after a referendum in july 2010 to give effect to these. The appellant decided instead, to file, under article 303 of the constitution and s. All books are in clear copy here, and all files are secure so dont worry about it. This constitution essentially confirmed the main principles of the republic and interim constitutions, i.
Republic is to hear and give a conciliatory decision over a matter referred to it concerning the interpretation of this constitution where such interpretation or its application is in dispute between the government of the united republic and the revolutionary. Introduction the citizen2 has been recently reporting on the recommendations made for change in the constitution and other laws by a committee that was appointed by the speaker of the national. The judiciary has its foundation on article 107a 1 and 107b of the constitution and states clearly about the independence of the judiciary in the united republic of tanzania. This revised edition of the constitution of the united republic of tanzania incorporates and consolidates all amendments made therein by the constituent assembly in 1977 up to the 14 th amendment of 2005 and it is printed and published under section 4 of the laws revision. The constitution of the united republic of tanzania was enacted by the constituent assembly ca april 25, 1977 and promulgated april 26, 1977. This paper examines the role played by the people in the constitution making process in tanzania. This act may be cited as the interim constitution of tanzania amendment no. Later on we look at the process of constitution making after independence. Zanzibari law overall is governed by the constitution of the united republic of tanzania, 1977, the main provisions of which are discussed in tanzania. In june 20, the vice president unveiled a first draft, which was then. Pdf tanzanias constitutional reform predicament and the.
The respondent filed a petition in the high court under articles 6, 18, 19, 201, 24,262 and 304 of the constitution of the united republic of tanzania, ss. Tanzania country constitutional profile constitutionnet. The 1977 constitution rested on the three pillars namely imperial presidency, the twounion government and the one party state. United republic of tanzania shall be performed under the auspices of the partyunited republic of tanzania, 2000. Several amendments were made to the interim constitution before the. Chapter one part ii of this document contains the fundamental.
Constitution of the united republic of tanzania 1977, as amended. The fifth constitutional amendment as an exception to the rule. They had therefore, through a chamber summons supported by an affidavit sworn by mr. Tanzania united republic ofs constitution of 1977 with amendments through 1995. The constitution of the united republic of tanzania urbanlex. Key historical and constitutional developments from 1961 at the time of her independence up to 1977, when she got her permanent constitution, tanzania had 5 new constitutions namely.
This constitution is the constitution of zanzibar and shall have the force of law throughout the country save for provisions of article 80 if any legislation is found to be in conflict with this constitution this constitution shall prevail and that law shall be null and void to that extent that conflicts with this constitution. The 1977 constitution provides for a strong presidential system and a twotier government. The constitution of the united republic of tanzania as further amended fourth constitution 1977 today one month after ccm was founded, the permanent constitution was approved. Constitution of the united republic of tanzania 1977, as. Oct 21, 2019 download the constitution of the united republic of tanzania of 1977 book pdf free download link or read online here in pdf. Chapter one part ii of this document contains the fundamental objectives and directive. This law is the supreme law of the sovereign united republic of tanzania which governs the area of mainland tanzania and the whole area of zanzibar including its territorial waters. The interim constitution of the united republic of tanzania, 1965. Edition notes this edition of the constitution of the republic of tanzania, 1977, incorporates and consolidates all amendments made in the constitution since its enactment by the constituent assembly in 1977 up to the 30th june, 1995cover p. Published by the national council for law reporting with the authority of the attorney general. Fonns and refonns of constitutionmaking in tanzania. This law is the supreme law of the sovereign united republic of tanzania which governs. Enacted by the parliament of the united republic of tanzania.
Introduction the citizen2 has been recently reporting on the recommendations made for change in the constitution and other laws by a committee that was appointed by the speaker of the national assembly, hon. Constitution of the united republic of tanzania 1977, as amended to 2005. In 1962 tanganyika adopts a republican constitution and nyerere is elected president. The territories and regions of the united republic. Resource equity works to advance womens rights to land and natural resources in order to promote womens economic and social empowerment, and to reduce poverty while promoting lasting and equitable global development. Jun 19, 2019 the constitution of the united republic of tanzania, 1977 vests the authority and responsibility to administer justice in the judiciary of tanzania. Archived from the original pdf on 22 december 2009. It was yet another example of lack of constitutionalism and participation of the people. Constitution of the united states we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this. The constitution of the united republic of tanzania 1977 in its preamble provides that tanzania aims at building a democratic society founded on the principles of freedom, justice, fraternity and concord, in which the executive is accountable to a legislature composed of elected members and representatives of the people and also a judiciary.
The last amendment to the 1977 constitution was in 2005. Constitution of the united states we the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to. Republic is to hear and give a conciliatory decision over a matter referred to it concerning the interpretation of this constitution where such interpretation or its application is in dispute between the government of. The executive powers belong to the government of the united republic and the government of tanzania zanzibar. Refworld constitution of the united republic of tanzania. The constitution of the united republic of tanzania. The constitution of the united republic of tanzania 1977 has a total of 10 chapters. The permanent constitution of the united republic of tanzania, 1977. This model is unique in the african context, where several other states have established federations.
A country analysis economic and political changes that have taken place in tanzania over the last fifteen years have all aimed at transforming governance in the country. Debating constitutional amendments in tanzania issa g. Centre for human rights, university of pretoria, south africa pdf as amended to 30061995 pdf as amended to 30061995 doc. Constitution of the united republic of tanzania last. The 1977 constitution, with its subsequent amendments which will be discussed in the subsequent paragraphs, is the current constitution of tanzania nyanduga, 1985. New constitution draft approved and to replace 1977. Amendment to the constitution of the united republic of tanzania, 1977 as amended in 2005. The work begins by examining the struggle for independence and the movement towards the very first constitution of the country the independence constitution of 1961. This revised edition of the constitution of the united republic of tanzania incorporates and consolidates all amendments made therein by the constituent. Repeal of the constitution of the united republic of tanzania, 1977.
Uganda 1995, south africa 1996, and tanzania the 1998 version of 1977. This revised edition of the constitution of the united republic of tanzania incorporates and consolidates all. On the 40 th anniversary of the adoption of tanzanias first permanent constitution, nick branson points to where this distinctive document shows significant signs of strain tanzanias 1977 constitution katiba in swahili provides for a dual government structure. Procedure for altering the constitution and certain laws. Tanzanias constitutional reform predicament and the survival. A highly accessible, easy to use app version of the constitution of tanzania the supreme law of tanzania. The government of the united republic of tanzania takes this opportunity to convey its gratitude to the global environment facility gef for providing financial support through the united nations environment programme unep.
This article is part of a series on the politics and government of tanzania. Download the constitution of the united republic of tanzania of 1977 book pdf free download link or read online here in pdf. The constitution of 1977 was seriously amended in 1985 by law no. The commissions report called for a repeal of the 1977 constitution as well as forty additional laws that the commission felt were undemocratic and contrary to established human rights. The constitution of the united republic of tanzania of 1977. The tanzania passports and travel documents act,2002. The constitution of the united republic of tanzania, 1977. Read online the constitution of the united republic of tanzania of 1977 book pdf free download link book now. The constitution of tanzania, formally constitution of the united republic of tanzania and also known as permanent constitution or fourth constitution of tanzania, was ratified in 1977.
But importantly was the birth of a single party in the country chama cha mapinduzi. Union matters a list of 22 items that are exclusive union matters is the basis of the division of powers between the union and zanzibar. Since tanzania is a union state or country we have two constitutions that is the constitution of zanzibar and the constitution of the united republic of tanzania of 1977 as amended from time to time. Under the 1977 constitution, the head of state and head of government of tanzania is the president s. This constitution is the constitution of the republic of kenya and shall have the force of law throughout kenya and, subject to section 47, if any other law is inconsistent with this constitution, this constitution shall prevail and the other law shall, to the extent of the inconsistency, be void. Constitutions of the united republic of tanzania and articles of the union. Table notes constitution of the united republic of tanzania 1977, article 42 and the first schedule matthews 2002, 10291033. The journal of pan african studies article pdf available august 2015 with 3,035 reads. Cases on constitutional and administrative laws in tanzania. The basic law katiba in swahili has been the subject of persistent controversy and contestation since the creation of the united republic of tanzania in 1964.
This 19834 constitutional debate was a fine example of. Before the current establishment, tanzania has had three constitutions. The united republic of tanzania the law reform commission of tanzania report on private legal practice presented to the attorney general and minister for justice the law reform commission of tanzania was established by the law reform commission of tanzania act, 1980 and began functioning on 21st october1 1983. The amendment repealed article 1, which subjected the right to information and freedom of expression to other laws of the land, and replaced it with a new article 18, which guarantees freedom of expression and the right to information without limitations.
The constitution of the united republic of tanzania as further amended fourth constitution 1977today one month after ccm was founded, the permanent constitution was approved. Tanzania united republic ofs constitution of 1977 with amendments through 2005. Dec 07, 2019 a few countries including canada, israel, and the uk have no single constitution document, but have various written and unwritten acts, statutes, common laws, and practices that, when taken together, describe a body of fundamental principles or established precedents as to how their countries are governed. Despite being presented at the outset with a seemingly unsustainable constitutional settlement, a strong executive has repeatedly deferred and obstructed a radical overhaul of the katiba. Articles 117 to 123 may not be correctly represented here. Table of contents chapter i the united republic, the party and the people part 1 the united republic and the party section title 1. The constitution of the united republic of tanzania, 1977 cap. Tanzania constitution constitution of tanzania, 1977. Chapter one deals with fundamental principles and the basic philosophy of tanzania. The enforcement of basic rights and freedoms and the state.
Open library is an initiative of the internet archive, a 501c3 nonprofit, building a digital library of internet sites and other cultural artifacts in digital form. United republic of tanzania 286 general provisions 104. Jobs opportunities at judiciary of tanzania unistoretz. Constitution came into force on april 25, 1977 and established oneparty state. Governance in its broadest sense covers not only political institutions and processes of the state, but also. The constitution of the united republic of tanzania, 1977 vests the authority and responsibility to administer justice in the judiciary of tanzania.