constitutional review act 2011 - pg 1 - 10
DESCRIPTION
Muswada wa Mabadiliko ya KatibaTRANSCRIPT
2,h
ISSN 0856_0100Ix
SPE CIAL BILL SUPPLEMENTNo. I IIth March,2LII
lo the Gazette of t'he united Republic of Thnzania No, I vol.92 dated llh March,20ll
Printed by the Government printer, Dar es Salaam, by Order of Government
THE CONSTITUTIONAL REVIEW ACT, 201IANRANCSI\,ISNT OF SECTIONS
Sections Title
PART IPReLMNaRy pRovrsroNs
L Shor-t title and commencement.2.'Application.3. Interpretation.
4. Objectives.
PART IIOeJectrves
PART IIIEsresltsHr\4rNT OF A coNlutssroN
5. Establishrnent of a Commission.6. Appointment of rnembers of the Commission.7. Composition ofthe Commission8. Terms of Reference.9. Functions ofthe Commission.10. Powers of the Commission.ll. Oath of members and the Secretarv.12. Cessation of membership.13. Secretariat.14. Expenses ofthe Commission.I 5' Immunity of members of the commission and the secretariat.16. Submission ofthe report.
\
Constitutional Review
PART IV
PRocrouRe oF THE CovvtsstoN
17. Mode of operation.18. Powers to collect information.19. Report of the Commission.20. Inviolability of Commission'
PART V
PRocl-ntlelc,N oF e CoNsrtrusNt Assevelv
2l . Proclamation of the Constituent Assembly.22. Powers of the Constituent Assembly.23. Provision relating to the Constituent Assembly.24. Acts of the Constituent Assembly.25. Abaternent of powers of the Constituent Assembly.
PART VI
VnlluRttoN oP a CoNsrlrurloN
25. Conduct of referendum.2 7. Referendum question.28, Notice of holding a referendum.29. Right to vote in a referendum.30. Procedure for conduct ofa referendum.31. Dissolution of the Commission.
S C H E D U L E S
,-7t,
Constitutional Review
NOTICE
This Bill to be submitted to the National Assembly is published for general
information to the public together with a statement of its objects and reasons'
Dar es Salaam,I l 'h March. 2011
PHtt t-pivtoN L. LuunNto,
Secretary to the Cabinet
ABILL
forAn Act to provide for the co-ordination and collection of
publ ic opinions on the consti tut ion; to establ ish an
inst i tu t ional f ramework for the co-ord inat ion and
collection of public opinions; to provide for nationalfora
for constitutional review for validation of legislative
proposals for a constitution; to provide for preparation
and submission of the report on the public opinions to the
relevant constitutional organs, the procedure to constitute
the constituent Assembly, the conduct of referendum and
to provide for r€lated matters" '
ENecrEp by Parliament of the United Republic of Tanzania'
PART I
PRpr-ttutNe,nv PRovtstoNs
1.{1) ThisAct may be cited as the constitutional Review Act,20ll. ;ilj*
(2) This Act shall conne into operation on the First day of June, 201 I . ;i#."ment
2. This Act shall apply to Mainland Tanzaniaas well as to Tanzania Applica-
Zanzibar. tion
Constitutional Review
I n terprc-tation
3. In this Act, unless tlre context otherwise requires:"Attorney cenerar" rneans the Attorney Generar referred to in Articre 59of the ConstitLltion;"comm i ss ion " rrear s trre comm ission estab r ished or formed for purposesof coordination and coilection of pubric opinions on constitutionalreview process;"constitution" means the fundamentar raw, written or unwritten, thatestablishes the character of a state by defining the basicfrinripr., towhich a society shail conform, distribution olpo*"rs and functionsamong pillars of the state, by describing ttt" orguniruiion or trreexecutive, legisrature, judiciary and their reguration, distribution, andthe limitation of different state organs, andLy prescribingthe extentand manner of the exercise of iis sovereign'powers, Jnd, for thepurposes ofthisAct it includes amendments to an existing constitution;
"constitutional organs" r"?T, for the purposes ofthisAct, the president,the Constituent Assembly or the }riational Assembly;
"Minister" means the Ministe; responsibre for constitutionar affairs;"public opinions" means ideas, views, information, opinion., froporut. o,recommendations collected from the general puUU" foi purpor", ofconstitutional review process;"Secretary" means the secretary referred to under section I3(l);"the constitution" means the constitution of the united n.prtri. orTanzania,1977.
PART IIOg.rpctlves
4. The objectives of this Act are to:(a) provide for estabrishment of the commission for purposes of
collection and coordination ofpublic opinions;(b) prescribe the oath and provide for the manner under which
members of the Commission and the Secretariat shall takeoath;
(c) make provision for Terms of Reference of the commission;(d) provide for estabrishment ofthe Secretariat ofthe commission
to be headed by the Secretarv:(e) provide for a mechanism by-which the public shall widely
participate in expressing and transmittin$ public opinions onmatters relating to the constitution;
Cap.2
Ob.jectives
Constitutional Review
(f) provide for a mechanism by which the Commission shallprepare and submit a report to the relevant constitutional organsfor determination;
(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 societiesand rel igious organizations;
(i) provide for a mechanism for procuring technical informationby the Commission from consultants;
O generally, provide for a mechanism for consensus building innational issues during constitutional review process;
(k) provide for a mechanism for scrutiny of a Draft ConstitutionBil l ;and
(l) put in place a legal mechanism for the President to constitutea Constituent Assembly.
PART IIIEstegusnuenr oF A CovvrssroN
5. The President may, upon consultation with the Presiden t of Zanzibarand, with the advice by the Attorney General and after considering anyinformation or prevailing social, political and economic circumstanceswithin the United Republic at all times and, by order published in theGazette, establish a Commission to examine, analyse and recommendfor the enactment of a constitution or existing constitution that shall exalt,entrench and promotethe rule oflaw and good governance.
6.-(1) Members ofthe Commission shallbe appointed bythe Presidentin equal numbers from Mainland Tanzania and TanzaniaZanzibar.
(2) In appointing members of the Commission, the President shallhave regard to:
(a) experience and professional qualifications of the members;(b) the diversity of the United Republic of Tanzania;(c) the national interests;(d) age, gender and representation ofvarious social groups; and(e) such other criteria as the President may consider appropriate..
Establish-ment ofaCommis-sion
Appoint -mentofmembersof theCommis-sion
/f
_)
Constitutional Review
Composi-tion oftheCommis-sion
(3) Notwithstanding subsection (2)' a. ne11o," :ltull tl:t,:.'alifv for
appointment as a member of the Commission if that person ls:
(a) a Member of Parliament, a Member of Peoples' Representatives
ofZanzrbat,aCounci lororaleaderofapol i t icalpu*y;(b) a member of securitY organs;
i.t a person who was tonvict"O of' or is the subject of proceedings
in the court of law for an offence invotving dishonesty or moral
turPitude;or(d) a non-citizenof Tanzania'
7.-(l) The Commission shall consist ofi
(a) a Chairman;(b) a Vice-Chainnan; and
i"i not more than thirty other Commissioners'
(2) Appointment of the Chairman and the Vice Chairman shall be
madeont l rebas iso f thepr inc ip le tha twhere t l reCha i rmanha i |s f romon" pun of the United Republic,ihen-the.Vice Chairmqn shall be a person
who hails from the otherpart of the United Republic'
(3) Members of the Commission shall be appointed by an order
published in the Gazette'
8.-(1) The Terms of Reference for the Commission shall be issued
by the President t"i;;th";;e- ord.er under which the appointment of
members is made a; il;,fy the time within which the comnrission
shall cornplete and submit a report'
Terms ofReference
(2) The President maY extend the
circumstances so require'
for the Commission wheretime
(3) The Terms of Reference shall be a legal document uponwhich
the performance of til-il;;i"* and the eiercise of powers by tlie
Co,ri*ittion shall, subject to the provisions of this Act' revolve'
9.-( I ) The principal functions of the Commission shall be to:Functionsof theCommis-sion
(a) co-ordinate and collect public 99inion1,6i :"""*i*;il;t ;' d "on ui'i"n"v ":1 ""l fl : :lY :i :il:
ffi ;#;,ffiJ;;; t'il'il re I atin g io th e,'*:f i 9"9,"1:l:people, political ,yrt"*', d"toJ'u"y' rule of law and good
governance; and
Constitutional Review
(c) make recommendations including a Draft Constitution Bill, onhow best the United Republic is to be governed in accordancewith the will of the people at all times,
(2) In the implementation of subsection (1), the Commission shalladhere to national values and ethos and shall, in that respect, observeinviolability and sanctity ofthe following matters:
(a) the Union of Tanganyika and Zanzibar;(b) the existence of the Executive, Legislature and the Judicature;(c) the Presidency;(d) the existence of the Revolutionary Governm entof Zanzibar;(e) national unity cohesion and peace;(f) periodic democratic election based on universal suffrage;(g) the promotion and protection of human rights;(h) human dignity, equality before the law and due process of law;(i) the secular nature of the United Republic; and
O the independence of the Judiciary.
10, The Commission shallhave powers and enjoy such independence powersand autonomy as may be necessary for the performance of its functions of the .and exercise of its powers under this Act. ;:ll**
I 1 . Every member of the Commission and the Secretary shall, before oath oftaking assignment, subscribe to an oath or affirmation, as the case may members
be, set out in the First Schedule to this Act. 3::rtj!r"
12.-(1) A person shall cease to be a member of the Commissionupon the occurrence of any of the following events:
(a) death; '(b) resignation;(c) inability by reason of health;(d) removal by misconduct.(e) conviction for an offence which carries a custodial sentence
of not less than one month.
(2) For the purpose of better discharge of the functions of theCommission, there shall be a code of conduct prescribed in the SecondSchedule to this Act.
(3) A member of the Commission or the Secretariat who breachesthe provisions ofthe Code of Conduct shall be disqualified from continuingto be a member as such,
Cessa-tion ofmember-ship
Constitutional Review
Secreta-nat
13.-( 1) There shall be a Secretariat of the Commission to be headed
by the SecretarY.
(2) The Secretary shall be appointed by the President'
(3) The Secretary shall be responsible to the Commission and shall
p"rf-ir, ,u"h functions una ait"ttu'ge duties of the Secretariat'
(4) Other members of the Secretariat shall be appointed by the
Minister'
(5) The Secretariat shall have such number of public officers as may
benecessaryforbetterperformanceofthefunct ionsandtheexerciseofpowers of the Commission'
14.-(l) The expenses of the constitutional review process incurred
bv the Commission i;;;;;;"te with this Act shall be charged on
uila irru"O out of the Consolidated Fund'
(2) Members of the Commission and the Secretar iat
remunerated in such -unn"' as the Miriister may determine'
15. A member of the Commission or the Secretariat shall not be
liable to a civil action or suit for or in respect of any matter or thing done
or omitted to be done in good faith as a member of the Commission or
the Secretariat.
1 6.-( I ) The Commission shall' after the completion of assignment'
submit the report to the President'
(2) Upon receipt of the report' the President shall avail a copy of the
report to the Presid ent of Zanzibar'
(3) After considering the report ' the,President shall ' subject to
section 21, direct the Minister to present a Constitut ion Bil l to the
cons t i t uen t Assemb ly fo r enac tmen t o f p rov i s ions fo r t he
constitution.
Expensesof theCommt-ssion be
lmmunitYo fmembersof theCommis-sion andtheSecretariat
Submis-sion ofthe report
Constitutional Review
PART IVPROCTOURT OF THE cOtr,tVlSStON
I 7.-( I ) The Comm ission sliall perform its functions in accordance Mode ofwith this Act. operation
(2) For the purposes of the implementation of subsection (l), theCommission shall perform the following functions:
(a) arliculate and conduct awareness programmes on the existingconstitution;
(b) coordinate the collection of public opinions;(c) hold such number of meetings or similar fora in such places
and at such times as it shall determinel(d) make recommendations to the relevant constitutional organs
for consideration;(e) prepare a Draft Constitution Bill; and(f) prepare arrd submit a report to the relevant constitutional organs
in accordance with the Terms of Reference.
(3) The Cornmission may:
(a) for Mainland Tanzania,require the Ward Executive Officer orthe Mtaa or Vi llage Executive Officer to cause to be conveneda meeting of residents of a ward or Mtaa or village, as thecase may be: and'
(b) for Tanzania Zanzibar,require Sheha to cause to be conveneda meeting of residents of a Shehia,
forthe purpose of collecting public opinions on constitutional matters.
(a) The meetings and fora referred to in this section and in otherprovisions of this Act shall, exclusively, be for citizen of Tanzania.
(5) In order to facilitate effective discharge of its functions, theComrnission may forrn committees and may assign to any of suchcommittees general or specific matter to deliberate upon.
(6) The Commission may co-opt any person or engage any consultantas may be necessary for the proper performance of its functions.
(7) In the perfonnance of its functions, the Commission shall devisea metlrodology that is uniform and applicable in each part of the UnitedRepublic in the collection and analysis of public opinions, the conduct offora for constitutional review and the writing of the report.
j
l 1
I
rI
/ . ,
Powers tocol lectinforma-t ion
Cap.2
Report oftheCommis-slon
C o n,stitut ional Rev iew
18.-( l ) The Comrnission may ask any person who is wi l l ing toappear before it for discussion, orally or by production of,document, onany constitutional matters which the commission considers relevant rothe constitutional review process.
(2) In the performance of its functions under this Act, the Commissionshall examine and analyse ideas, views, information, opinions, proposalsand recommendations collected and collated including:
(a) a summary of the public opinions;(b) all documents reflecting on ideas, views and opinions of the
general public under the White Paper No. I of 1962 on theEstablishment of the Republic ofTanganyika, the presidentialCornmission on the Establishment of Democratic One-partySystem, the National Executive Committee of CCl,l proposedAmendments to the Const i tut ion of the United Republ ic ofTanzania, 1977 and the Constitution of Zanzibar, 1979, thePresidentia I Commission on S in gle Party or Mulri-part), Systemin Tanzania, l99l and the Committee for the collection ofviews on the Constitution ( the White Paper, No. I of l99S);
(c) the Independence Constitution of Tanganyika, l96l ;(d) the Constitution of the Republic of Tanganyika,1962..(e) the Articles of Union of the Republic of Tanganyika and the
Peoples' Republic of Zanzibar;(0 the Interim Constitution of the United Republic of Tanzania,
1965r(g) the Constitution ofthe United Republic ofTanzania,(h) the Constitution of Zanzibar,l979;(i) the Constitution of Zanzibar 1984O analytical and academic studies undertaken by the Commission;
and(k) any other relevant documents as the Commission mav consider
necessary.
19.-(l) On the basis of the examination and analysis undeftakenpursuant to section 19, the Commission shall prepare a reportcontaining:(a) a summary ofpublic opinions on each Terms of Reference;(b) recommendations of the Commission on each,terms of reference;(c) reports by consultants engaged by the Commission;(d) a Draft Constitution Bill: and(e) any other relevant information.
/l 0