Constitution of Tanzania
Encyclopedia
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. Before the current establishment, Tanzania has had three constitutions: the Independence Constitution (1961), the Republican Constitution (1962), and the Interim Constitution of the United Republic of Tanganyika and Zanzibar (1964).
, Tanganyika
adopted a first constitution based on the Westminster Model (with the exclusion of the Bill of Rights
). This defined a Governor General, representative of the Queen of Tanganyika, Elizabeth II, to be the formal head of state
, while the executive
was led by the First Minister
, chosen from the majority party
. This constitution also established the independence of the judiciary
.
(made solely of nominees from the Tanganyika African National Union
party) formed itself into a constituent assembly
and drastically revised the 1961 constitution, most notably with the establishment of a strongly presidental system. The new President of Tanzania
was granted the prerogatives of both former roles, Governor General and First Minister, serving as the head of state as well as commander in chief of the armed forces
. He was granted the right to designate the Vicepresident and Ministers, and the right to dismiss the Parliament under certain circumstances. The President also inherited security-related, repressive powers that were formely of the Governor General, with the addition of new ones; the Preventive Detention Act, for example, gave the President the right to detain any person without trial
.
merged into the United Republic of Tanganyika and Zanzibar, renamed into "United Republic of Tanzania" that same year. The constitution of the newborn nation was based on Tanganyika's 1962 Republican Constitution, modified according to the agreements between TANU and Zanzibar's majority party, the Afro-Shirazi Party
(ASP). These agreements had been ratified under the name "Articles of Union", and became part of the new constitution as "Acts of Union". The most notable feature of the Acts of Union was the establishment of the double government structure that is also part of Tanzania's current constitution. This structure included one government for the Union and one largely autonomous independent government for Zanzibar. Zanzibar's government included its own Parliament and President. The President of Zanzibar also served as Vicepresident of the Union.
The constitution of 1964 was adopted ad interim. The Acts of Union themselves included directions on steps to take to elaborate a definitive constitution, to be elaborated by a constituent assembly comprising representatives of both TANU and ASP. This procedure was initiated but was later suspended.
nature of the Tanzanian government. Coherent to the double government structure defined in 1964, the 1965 Constitution identified two government parties, TANU for the Union and ASP for Zanzibar.
In the following years, several amendments were added. Those reduced the autonomy of Zanzibar and further strengthened the single-party state. For example, an amendment in 1975 established that all the government institutions, including the Parliament, were subordinate to the party's executive committee. At that time, TANU and ASP were about to merge together into the Chama Cha Mapinduzi
(CCM), something that happened in 1977.
Since 1977, several amendments have been applied to the original Constitution. Many of these are related to the relationship between the united government and the Zanzibar government. In the early 1990s, President of the Union Ali Hassan Mwinyi
launched a programme of liberal
reforms. He nominated a commission (named Nyalali Commission
after its president Francis Nyalali) dedicated to preparing the transition to a multi-party political system. Based on the commission's works, several amendments were promulgated. The Eighth Amendment (1992) established that a member of any registered political party could run for any political seat; coherently, new rules were defined governing the parties' registration. The Ninth Amendment reorganized presidential elections and introduced the possibility of impeachment
by the Parliament; further, it separated the functions of President and Prime Minister.
The relationships between Zanzibar and the Union were also modified over time. For example, the Eleventh Amendment established the President of Zanzibar and the Union Vicepresident as two different, independent roles.
Independence Constitution (1961-1962)
After independence from the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, Tanganyika
Tanganyika
Tanganyika , later formally the Republic of Tanganyika, was a sovereign state in East Africa from 1961 to 1964. It was situated between the Indian Ocean and the African Great Lakes of Lake Victoria, Lake Malawi and Lake Tanganyika...
adopted a first constitution based on the Westminster Model (with the exclusion of the Bill of Rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
). This defined a Governor General, representative of the Queen of Tanganyika, Elizabeth II, to be the formal head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
, while the executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
was led by the First Minister
First Minister
A First Minister is the leader of a government cabinet.-Canada:In Canada, "First Ministers" is a collective term that refers to all Canadian first ministers of the Crown, otherwise known as heads of government, including the Prime Minister of Canada and the provincial and territorial premiers...
, chosen from the majority party
Political party
A political party is a political organization that typically seeks to influence government policy, usually by nominating their own candidates and trying to seat them in political office. Parties participate in electoral campaigns, educational outreach or protest actions...
. This constitution also established the independence of the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
.
Republican Constitution (1962-1964)
In 1962, the Tanzanian ParliamentParliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
(made solely of nominees from the Tanganyika African National Union
Tanganyika African National Union
The Tanganyika African National Union was the principal political party in the struggle for sovereignty in the East African state of Tanganyika . The party was formed from the Tanganyika African Association by Julius Nyerere in July 1954 when he was teaching at St. Francis' College...
party) formed itself into a constituent assembly
Constituent assembly
A constituent assembly is a body composed for the purpose of drafting or adopting a constitution...
and drastically revised the 1961 constitution, most notably with the establishment of a strongly presidental system. The new President of Tanzania
President of Tanzania
The President of the United Republic of Tanzania is the head of state and head of government of Tanzania. The president leads the executive branch of the Government of Tanzania and is the commander-in-chief of the Tanzania People's Defence Force....
was granted the prerogatives of both former roles, Governor General and First Minister, serving as the head of state as well as commander in chief of the armed forces
Armed forces
The armed forces of a country are its government-sponsored defense, fighting forces, and organizations. They exist to further the foreign and domestic policies of their governing body, and to defend that body and the nation it represents from external aggressors. In some countries paramilitary...
. He was granted the right to designate the Vicepresident and Ministers, and the right to dismiss the Parliament under certain circumstances. The President also inherited security-related, repressive powers that were formely of the Governor General, with the addition of new ones; the Preventive Detention Act, for example, gave the President the right to detain any person without trial
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
.
Interim Constitution (1964-1977)
In 1964, Tanganyika and ZanzibarZanzibar
Zanzibar ,Persian: زنگبار, from suffix bār: "coast" and Zangi: "bruin" ; is a semi-autonomous part of Tanzania, in East Africa. It comprises the Zanzibar Archipelago in the Indian Ocean, off the coast of the mainland, and consists of numerous small islands and two large ones: Unguja , and Pemba...
merged into the United Republic of Tanganyika and Zanzibar, renamed into "United Republic of Tanzania" that same year. The constitution of the newborn nation was based on Tanganyika's 1962 Republican Constitution, modified according to the agreements between TANU and Zanzibar's majority party, the Afro-Shirazi Party
Afro-Shirazi Party
The Afro-Shirazi Party was the union between the mostly Shiraz Party and the mostly African Afro Party in the island of Zanzibar. The formation of ASP led to the ouster of the Arabs from power with the Zanzibar Revolution in 1964. The party joined with the Tanganyika African National Union to...
(ASP). These agreements had been ratified under the name "Articles of Union", and became part of the new constitution as "Acts of Union". The most notable feature of the Acts of Union was the establishment of the double government structure that is also part of Tanzania's current constitution. This structure included one government for the Union and one largely autonomous independent government for Zanzibar. Zanzibar's government included its own Parliament and President. The President of Zanzibar also served as Vicepresident of the Union.
The constitution of 1964 was adopted ad interim. The Acts of Union themselves included directions on steps to take to elaborate a definitive constitution, to be elaborated by a constituent assembly comprising representatives of both TANU and ASP. This procedure was initiated but was later suspended.
Changes in 1965
The Interim Constitution was modified several times after its first layout. A major change was made in 1965 to formalize the single-partySingle-party state
A single-party state, one-party system or single-party system is a type of party system government in which a single political party forms the government and no other parties are permitted to run candidates for election...
nature of the Tanzanian government. Coherent to the double government structure defined in 1964, the 1965 Constitution identified two government parties, TANU for the Union and ASP for Zanzibar.
In the following years, several amendments were added. Those reduced the autonomy of Zanzibar and further strengthened the single-party state. For example, an amendment in 1975 established that all the government institutions, including the Parliament, were subordinate to the party's executive committee. At that time, TANU and ASP were about to merge together into the Chama Cha Mapinduzi
Chama Cha Mapinduzi
The Chama cha Mapinduzi is the ruling political party of Tanzania.- History :The party was created February 5, 1977, under the leadership of Julius Nyerere as the merger of the Tanganyika African National Union , the then ruling party in Tanganyika, and the Afro-Shirazi Party , the then ruling...
(CCM), something that happened in 1977.
Permanent (Fourth) Constitution (1977-today)
One month after CCM was founded, the Permanent Constitution was approved. This Constitution essentially confirmed the main principles of the Republic and Interim Constitutions, i.e., strong presidentialism, double government structure, single-party state.Since 1977, several amendments have been applied to the original Constitution. Many of these are related to the relationship between the united government and the Zanzibar government. In the early 1990s, President of the Union Ali Hassan Mwinyi
Ali Hassan Mwinyi
Ali Hassan Mwinyi is a Tanzanian politician. He was the second President of the United Republic of Tanzania from 1985 to 1995. Previous posts include Interior Minister and Vice President...
launched a programme of liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
reforms. He nominated a commission (named Nyalali Commission
Nyalali Commission
The Nyalali Commission of February 1991 was a Presidential Commission set up under the leadership of then-Chief Justice Francis Nyalali of Tanzania to collect the views of citizens and make appropriate recommendations on whether the country should adopt a multiparty or single party system. It sat...
after its president Francis Nyalali) dedicated to preparing the transition to a multi-party political system. Based on the commission's works, several amendments were promulgated. The Eighth Amendment (1992) established that a member of any registered political party could run for any political seat; coherently, new rules were defined governing the parties' registration. The Ninth Amendment reorganized presidential elections and introduced the possibility of impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
by the Parliament; further, it separated the functions of President and Prime Minister.
The relationships between Zanzibar and the Union were also modified over time. For example, the Eleventh Amendment established the President of Zanzibar and the Union Vicepresident as two different, independent roles.