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CONSTITUTIONAL REVIEW ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Sections

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Application.

   3.   Interpretation.

PART II
OBJECTIVES

   4.   Objectives.

PART III
ESTABLISHMENT OF A COMMISSION

   5.   Establishment of Commission.

   6.   Appointment of members of Commission.

   7.   Composition of Commission.

   8.   Terms of Reference.

   9.   Functions of Commission.

   10.   Independence of Commission.

   11.   Oath and affirmation by members and Secretary of Commission.

   12.   Cessation of membership.

   13.   Secretariat.

   14.   Expenses of Commission.

   15.   Immunity of members of Commission and Secretariat.

   16.   Accounts and Audits.

PART IV
PROCEDURE OF THE COMMISSION

   17.   Mode of operation.

   18.   Constitutional fora

   19.   Report of the Commission

   20.   Submission and publication of the report

   21.   Offences and penalties

PART V
CONVENING OF A CONSTITUENT ASSEMBLY

   22.   Convening the Constituent Assembly.

   23.   Chairman and Vice Chairman of the Constituent Assembly.

   24.   Clerks and other staff of the Constituent Assembly.

   25    Powers of the Constituent Assembly.

   26.   Provisions relating to the Constituent Assembly.

   27.   Acts of the Constituent Assembly.

   28.   Abatement of powers of the Constituent Assembly.

   29.   Expense of the Constituent Assembly.

   30.   Accounts and Audit.

PART VI
VALIDATION OF THE PROPOSED CONSTITUTION

   31.   Conduct of a referendum.

   32.   Referendum question.

   33.   Notice of holding a referendum.

   34.   Right to vote in a referendum.

   35.   Procedure for conduct of a referendum.

   36.   Referendum results.

   37.   Dissolution of the Commission.

   38.   Promulgation of the Constitution.

SCHEDULES

CHAPTER 80
THE CONSTITUTIONAL REVIEW ACT

An Act to provide for the establishment of the Constitutional Review Commission for purposes of co-ordination and collection of public opinions on the Constitution; to examine and analyse public opinions; to provide for fora for constitutional review; to provide for preparation and submission of report on the public opinions; to provide for the procedure to constitute the Constituent Assembly, the conduct of referendum and to provide for related matters.

[1st December, 2011]

Act No. 8 of 2011

PART I
PRELIMINARY PROVISIONS (ss 1-3)

1.   Short title

   This Act may be cited as the Constitutional Review Act.

2.   Application

   This Act shall apply to Mainland Tanzania and to Tanzania Zanzibar.

3.   Interpretation

   In this Act, unless the context otherwise requires–

   "Commission" means the Commission established for purposes of coordination and collection of public opinions on constitutional review;

   "constituent Assembly" means the Constituent Assembly of the United Republic established under section 22;

   "constitution" means the fundamental law, written or unwritten, that establishes the character of a state by defining the basic principles to which a society shall conform, distribution of powers and functions among pillars of the state, by describing the organization of the executive, legislature and judiciary, their regulation, distribution, and the limitation of different state organs, and by prescribing the extent and manner of the exercise of its sovereign powers;

   "constitutional review" means the process of collecting public opinions and the conduct of fora for the purposes of enactment of provisions for the new Constitution of the United Republic;

   "fora" means open and free public meetings, assemblies, gatherings or discussions organized by the Commission for purposes of collection of public opinions on the Draft Constitution;

   "Minister" means the Minister in the Government of the United Republic responsible for constitutional affairs;

   "President" means the President of the United Republic of Tanzania;

   "proposed Constitution" means an enactment of the Constituent Assembly which is the subject of the referendum;

   "public opinions" means ideas, views, information, opinions, proposals or recommendations collected from the general public for purposes of the enactment of the new Constitution of the United Republic;

   "referendum" means a public vote or poll cast in accordance with the provisions of this Act for purpose of validation of the proposed Constitution;

   "Secretary" means the Secretary referred to under section 13;

   "the Constitution" means the Constitution of the United Republic of Tanzania *.

PART II
OBJECTIVES (s 4)

4.   Objectives

   (1) The objectives of this Act shall be to–

   (a)   provide for the establishment of the Commission for purposes of coordination and collection of public opinions;

   (b)   prescribe the oath and affirmation and provide for the manner under which members of the Commission and the Secretariat shall take oath or affirmation;

   (c)   make provision for terms of reference of the Commission;

   (d)   provide for the establishment of the Secretariat of the Commission to be headed by the Secretary;

   (e)   provide for a mechanism by which the public shall widely and freely participate in expressing and transmitting public opinions on matters relating to the constitution;

   (f)   provide for a mechanism by which the Commission shall prepare and submit a report;

   (g)   provide for the functions and powers of the Commission;

   (h)   provide for the manner in which the Commission shall collect information from public, political parties and any other organisation that the Commission may consider appropriate, private institutions, civil societies and religious organizations;

   (i)   provide for a mechanism for procuring technical information by the Commission from consultants;

   (j)   provide for a mechanism for consensus building in national issues during constitutional review process;

   (k)   provide for a mechanism for scrutiny of a Draft Constitution Bill;

   (l)   put in place a legal mechanism for the President to convene a Constituent Assembly;

   (m)   provide for election of the Chairman and the Vice Chairman of the Constituent Assembly and appointment of the Clerks and Staff;

   (n)   provide for a mechanism for the conduct of the referendum; and

   (o)   provide for the manner in which the new constitution shall be promulgated.

   (2) The process of coordination, collection of public opinions, conduct of fora, debate in the Constituent Assembly and participation in the referendum is reserved to the citizens of Tanzania only.

PART III
ESTABLISHMENT OF COMMISSION (ss 5-16)

5.   Establishment of Commission

   The President shall, upon consultation and in agreement with the President of Zanzibar and after considering any information or prevailing social, political and economic circumstances within the United Republic, by order published in the Gazette, establish the Commission.

6.   Appointment of members of Commission

   (1) The President shall, in consultation and agreement with the President of Zanzibar, appoint the Chairman, Vice-Chairman and other members of the Commission.

   (2) Subject to subsection (3), the composition of the Commission shall have regard to the principle of equal members from either part of the United Republic.

   (3) In appointing members of the Commission, the President shall have regard to–

   (a)   experience relevant to constitutional review or professional qualifications on constitutional matters, law, public administration, economic, finance and social science;

   (b)   geographical and the population diversity of the United Republic of Tanzania; and

   (c)   age, gender and representation of various social groups.

   (4) Without prejudice to subsection (3), a person shall not qualify for appointment as a member of the Commission unless that person is of high integrity and impeccable behavior.

   (5) Notwithstanding subsection (3), a person shall not qualify for appointment as a member of the Commission if that person is–

   (a)   a Member of Parliament, a Member of the House of Representatives of Zanzibar, a Councilor or a leader of a political party of any category;

   (b)   a member of security organs;

   (c)   a person who has been convicted of, or is the subject of proceedings in the court of law for an offence involving dishonesty or moral turpitude; or

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