Constitutional Review Act, 2011

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Jurisdiction: Tanzania
Instrument: Act or statute
Citation: Constitutional Review Act, 2011
Version: Undated source snapshot
Language: en
Official source: View official record ↗

accounts audit authentic texts conduct compliance confidential information constitutional commencement election procedure elections government expenditure integrity promulgation public administration public awareness public finance referendum referendum administration remuneration repeal/cessation

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The President may decide how Members, the Clerk, and Staff of the Constituent Assembly are remunerated, subject to the relevant laws and regulations. Assembly expenses are charged to the Consolidated Fund. The Clerk must keep proper accounts and prepare an income-and-expense statement within three months after each financial year ends; the accounts are to be submitted for audit by the Controller and Auditor General. A referendum must be organized, conducted, and supervised by the National Electoral Commission with the Zanzibar Electoral Commission, and the Zanzibar Electoral Commission must also handle the poll and send results to the National Electoral Commission. The electoral commissions must frame and publish the referendum question within seven days of the proposed Constitution’s publication, after consulting both Attorneys General. The electoral commissions must set the referendum date, polling time, and public-awareness period; the Commission must provide civic education; returning officers must notify the public; political parties and civil societies may also provide civic education and advocacy.

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Provisions of Constitutional Review Act, 2011

Showing 13 of 13

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AI-assisted research summary: The President may decide how Members, the Clerk, and Staff of the Constituent Assembly are remunerated, subject to the relevant laws and regulations. Assembly expenses are charged to the Consolidated Fund.

29.-(l) The expenses the Constituent Assembly in accordance with this Act shall be charged on and issued out o f the Consolidated Fund o f the United Republic. incurred by (2) Members o f the Constituent Assembly. Clerk and Staff shall be remunerated in such manner as the President may, subject to the relevant laws and regulations, determine.
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Appointment o f members o f Commission
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AI-assisted research summary: The Clerk must keep proper accounts and prepare an income-and-expense statement within three months after each financial year ends; the accounts are to be submitted for audit by the Controller and Auditor General.

30.-(l) The Clerk shall cause to be kept proper books o f accounts and shall, within and not later than three calendar months after the end o f each financial year, cause to be prepared a statement for income and expense during the financial year. (2) The accounts relating to the operations o f the Caps. 418. 410 and 348 Constituent Assembly on the last day o f the financial year shall be submitted for audit by the Controller and Auditor General in accordance with the Public Audit Act, the Public Procurement Act and the Public Finance Act. PART VI VALIDATION OF THE PROPOSED CONSTITUTION C ond u ct or iduuidum

Part

PART VI

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(1) For purposes o f validation o f the provisions of
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AI-assisted research summary: A referendum must be organized, conducted, and supervised by the National Electoral Commission with the Zanzibar Electoral Commission, and the Zanzibar Electoral Commission must also handle the poll and send results to the National Electoral Commission.

31.-(1) For purposes o f validation o f the provisions of pr0p 0secj Constitution, there shall be a referendum to be organized, conducted and supervised by the National Electoral Commission in collaboration with the Zanzibar Electoral Commission. (2) In the implementation o f subsection (1), the Zanzibar Electoral Commission shall organise, conduct and supervise the conduct o f poll during the referendum and shall submit to the National Electoral Commission referendum results for votes cast in Tanzania Zanzibar for declaration. 23 Na. 8 Constitutional Review 2011 Referendum question
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33
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AI-assisted research summary: The electoral commissions must frame and publish the referendum question within seven days of the proposed Constitution’s publication, after consulting both Attorneys General.

32.-(l) The National Electoral Commission in collaboration with the Zanzibar Electoral Commission shall, the proposed within seven days o f Constitution, frame and publish in the Gazette, the question to be determined by the referendum. the publication o f (2) The question referred to in subsection (1) shall be framed after consultation with the Attorney General o f the United Republic and the Attorney General o f Zanzibar. (3) The question to be submitted 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 as to require the voter to answer “ Yes” or “N o” . (4) The voting at a referendum shall be by secret ballot. Notice of holding referendum
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AI-assisted research summary: The electoral commissions must set the referendum date, polling time, and public-awareness period; the Commission must provide civic education; returning officers must notify the public; political parties and civil societies may also provide civic education and advocacy.

33.-( 1) The National Electoral Commission in collaboration with the Zanzibar Electoral Commission shall, within fourteen days after publication o f the question in the Gazette, specify- (a) (b) (c) the day on which the referendum is to be held; the polling time of the referendum; and the period for sensitization and public awareness on the referendum on the proposed Constitution (2) For the purposes o f sensitization and public awareness on the referendum for the proposed Constitution the Commission shall, and the political parties and civil societies may provide civic education and advocacy on the proposed Constitution to be conducted not later than thirty days from the publication o f the proposed Constitution in the Gazette. (3) The returning officer o f every electoral constituency shall, within twenty one days o f publication of the notice by the National Electoral Commission, notify the public in their respective constituencies about the procedure for the conduct o f the referendum. 24 Na. 8 Constitutional Review 2011 Right to vote in referendum Cap. 343 Act No. 11 of1984(Z)
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35
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AI-assisted research summary: People listed in the relevant voters register are entitled to vote at the referendum, unless another written law bars them from voting.

34. A person whose name is entered in the register of voters established under the National Elections Act or the Zanzibar Elections Act, 1984 shall, unless that person is prohibited from voting by any other written law, be entitled to vote at the referendum. Procedure for conduct o f referendum Act No. 11 o fI9 8 4 (Z ) Caps. 343 and 292 Referendum results for conducting
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AI-assisted research summary: The general elections procedure under the named Acts applies to a referendum under this Act, with necessary modifications.

35. The procedure the General Elections under the National Elections Act, the Zanzibar Election Act, 1984 and the Local Authorities (Elections) Act shall, with necessary modifications, apply to the conduct o f a referendum under this Act.
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AI-assisted research summary: Referendum results are binding, and if the vote does not pass the required majority the poll must be repeated or the Constitution stays in force if the result is No.

36.-(l) The majority o f votes given in the referendum shall determine the decision o f the votes on such question in the referendum and the referendum results declared by the National Electoral Commission shall be binding on the Government o f the United Republic and the Revolutionary Government o f Zanzibar. (2) The referendum results shall be decided on the basis o f support by more than fifty per cent o f the total number o f votes cast in Mainland Tanzania and more than fifty per cent o f the total number o f votes cast in Tanzania Zanzibar. (3) Where the votes cast “ YES" on a question at a referendum are not more than fifty per cent o f the total number in either Mainland Tanzania or Tanzania o f votes cast in Mainland Tanzania and Tanzania Zanzibar or both Zanzibar, the National Electoral Commission, upon agreement with the Zanzibar Electoral Commission and by notice published in the Gazette, appoint another day within thirty days after the declaration o f the results to repeat the poll and referendum procedures shall commence afresh. 25 Na. 8 Constitutional Review 2011 (4) Notwithstanding subsection (3), the National Electoral Commission may, where circumstances so require, afford: (a) sufficient time sensitization and public awareness on the referendum on the proposed Constitution; or for (b) necessary time for the President in agreement with the President o f Zanzibar to reconvene the Constituent Assembly in order to reconsinder provisions of the proposed Constitution. (5) Where the majority o f the votes cast in the referendum is “N o'’, the Constitution of the United Republic o f Tanzania, 1977 shall remain in force. Dissolution of Commission Promulgatio n of Constitution
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AI-assisted research summary: After the election results are declared, the President must issue an order in the Gazette dissolving the Commission; that dissolution ends the powers of the Commission and the Secretariat.

37.-(l) Upon declaration o f results o f the National Electoral Commission, the the the Gazette, dissolve the referendum by President shall, by order published in the Commission. (2) Dissolution o f the Commission by the Order o f the President shall entail abatement o f powers o f the Commission and the Secretariat.
38
Conduct o f referendum
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AI-assisted research summary: The President must promulgate the operationalization of the New Constitution, and this Act becomes spent once the New Constitution is promulgated.

38.-(1) The provisions o f the New Constitution shall the New the date provided for in come into force on Constitution. (2) The President shall promulgate, in such a manner and the President may the operationalization o f the New Constitution. determined style as (3) Consequent upon promulgation o f the New Constitution, this Act shall be spent and shall have no legal effect. (4) In the application o f this Act, both the English version and the Kiswahili version are authentic. 26 Na. 8 Cons tit ut tonal Re vie i v 2011 F IR S T S C H E D U L E (Under section 11) P A R T I O A T M / A F F I R M A T I O N O F A M E M B E R O F T H E C O M M I S S I O N I,................................................................................... h av in g been a p p o in ted b y the President a s ........................................................................... on the .................. day o f ....................... 2 0 ...........to perform the functions o f a m e m b e r o f C o m m iss io n , do hereby s w ear/affirm that I will be the best o f m y faithful and kn o w le d g e and ability, dis ch arg e the duties and perform the functio ns d e v o lv in g upon me by virtue o f bein g a m e m b e r o f the C o m m iss io n . im partial to the U nited Republic o f T a n z a n ia and, to So help me G od Member o f Commission Na. 8 Constitutional Review 2011 P A R T II O A T H / A F F I R M A T I O N O F A S E C R E T A R Y / D E P U T Y S E C R E T A R Y I,................................................................................... hav in g been a p p o in ted by th e President a s ........................................................................... on the .................. d a y o f ....................... 2 0 ...........to perfo rm the fun ction s o f a S e c re ta ry /D e p u ty Secretary, do h e re b y s w ea r/a ffirm that I will be faithful and im partial to the United R epu blic o f T a n z a n ia and, to the best o f m y k n o w le d g e and ability, dis ch arg e the duties and p e rfo rm the fun ctio n s d e v o lv in g upon me by virtue o f b ein g a S e c re ta ry /D e p u ty Secretary. So help m e G od Secretary/Deputy Secretary 28 Na. 8 Constitutional Review 2011 S E C O N D S C H E D U L E (Under section 12(2)) C O D E O F C O N D U C T O F M E M B E R S O F T H E C O M M I S S I O N A N D T H E S E C R E T A R I A T
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AI-assisted research summary: Members of the Commission/Secretariat must act impartially and independently, and do their office functions in good faith without fear, favour, or prejudice.

1. E v ery m e m b e r o f the C o m m iss io n /S e c re ta ria t shall serv e im p artially and in d ep en d e n tly an d p e rform the functions o f his office in g o od faith and w ith o u t fear, fav ou r or prejudice.
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AI-assisted research summary: A member of the Commission/Secretariat cannot be appointed or nominated to political office during the tenure of office.

2. A m e m b e r o f the C o m m iss io n /S e c re ta r ia t shall not, d u rin g ten ure o f office, be eligible for a p p o in tm e n t or n o m in atio n to any political office.
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Short title and commencement
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AI-assisted research summary: Members of the Commission or Secretariat must not undermine the Commission’s credibility or use confidential information for private gain.

3. A m e m b e r o f the C o m m is s io n or S ecretariat shall not- (a) the by his m e m b e rs h ip , association, statem ent, co n d u c t or in a n y oth er in d ep en d e n ce o f the m e m b e r or m a n n e r j e o p a r d iz e p re ju d ic e the credibility, im partiality, in d ep en d e n ce or integrity o f the C o m m is s io n : or m a k e private use o f or profit from an y con fid ential inform ation g ain ed as a result o f b ein g a m e m b e r o f the C o m m iss io n . perceived (b) Na. 8 Constitutional Review 2011 T H I R D S C H E D U L E (Under section 24(5) O A T H / A F F I R M A T I O N O F C L E R K / D E P U T Y C L E R K I , .............................................. h a v in g been app o in ted on t h e .................... d a y o f . ...................20.. by virtue o f op era tio n o f law as, and to p erfo rm the duties o f the C le rk /D e p u ty C lerk do he reb y s w e ar/affirm that I will faithfully, im partially and, to the best o f m y k n o w le d g e and ability, d is ch arg e the d uties and perfo rm the functions d ev o lv in g upon me by virtue of b eing a C le rk /D e p u ty C lerk o f the C o nstitu ent A ssem b ly. So help me God. Clerk/Deputy Clerk o f the Constituent Assembly 30 Nn. 8 Const it utioncil R e view > 2011 F O U R T H S C H E D U L E (Under section 23(-/J,(5)) O A T H / A F F I R M A T I O N O F C H A I R P E R S O N / V I C E C H A I R P E R S O N A N D M E M B E R S O F T H E C O N S T I T U E N T A S S E M B L Y I............................................................ as Chairperson/'Vice Chairperson/member o f the Constituent Assembly, do hereby take oath/affirm that I vvil be faithful and impartial to the United Republic and. to the best o f my knowledge and ability, discharge theduties and perform the functions devolving upon me by virtue elected having been So help me God. Chairman I ice Chairman member o f the Constituent Assembly Passed in the National Assembly on the 18lh November. 2011. D r . T h o m a s D . K a s h i l i l a i i , Clerk o f the National Assembly 31

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