QUESTION

Carefully read the Constitution of the United Republic of Tanzania, 1977 (as amended from time
to time) and the 2014 Proposed Draft Constitution of the United Republic of Tanzania and
identify key areas of convergence and divergence. Your discussion should be limited to the
following areas: a) Structure of the United Republic of Tanzania b) Citizenship c) Human Rights
d) Powers of the President and e) National Elections
 TABLE OF CONTENTS

1.0 INTRODUCTION

1.1 Scope of the Question.

1.2 Brief explanation and background of the two Constitutions.

2.0 MAIN DISCUSSION

2.1 The Areas of Convergences in both Constitutions.
 Structure of the United Republic of Tanzania

 Citizenship

 Human Rights

 Powers of the President and

 National Elections

2.2 The Areas of Divergencies between the Two Constitutions.

 Structure of the United Republic of Tanzania

 Citizenship

 Human Rights

 Powers of the President and

 National Elections

3.0 CONCLUSION
Summarization and Recommendations concerning the whole work done.

4.0 REFERENCE
INTRODUCTION
Scope of the question.
The question wanted us to assess the convergence and divergence which is the same as to say
comparison and differences from the Constitution of the United Republic of Tanzania, 1977 (as
amended from time to time) and the Proposed Draft Constitution of the United Republic of
Tanzania of 2014 from the key areas so far provided in the question. In tackling our Question,
we started with the Introduction which briefly narrates the two Constitutions and in the main
discussion we discussed the convergence and divergence in the areas provided and lastly, we
provided our recommendations on our conclusion.

The 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, 1 the
Republican Constitution,2 and the Interim Constitution of the United Republic of Tanganyika and
Zanzibar.3 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 Tanzania Ali Hassan Mwinyi introduced a
program of liberal reforms4. He nominated a commission (named Nyalali Commission after its
president Francis Nyalali) dedicated to preparing the transition to a multi-party-political system.
The work of Nyalali's commission led to several amendments of the constitution including the
remarkable amendment which led to introduction of multiparty democracy in Tanzania 5. Since
then several amendments have been done so as to cope with the current situation of the country.

On the other hand, in the Proposed Constitution of Tanzania of 2014 was a result of the former
President of Tanzania, Jakaya Kikwete taking the opportunity of his 2011 New Year’s public
address to announce plans to introduce a new Constitution for the United Republic of Tanzania.
The Constitution Review Bill was voted early 2011 and the processes for construction of the new
constitution started. On 6 April 2012, President Kikwete appointed a Constitutional Review

1
The Independence Constitution of 1961
2
The Republican Constitution of 1962
3
The Interim Constitution of Tanzania and Zanzibar of 1964
4
Nyirabu, Mohabe. “The Multiparty Reform Process in Tanzania: The Dominance of the Ruling Party.” African
Journal of Political Science 7, no. 2 (2002): 99–112.
5
Https: Www.Kituo Cha Katiba (Eastern Africa Center for Constitutional Development), Tanzania: Key Historical
and Constitutional Developments
Commission, led by Joseph Warioba, a former Prime Minister and Attorney General who was
then serving as a judge on the East African Court of Justice. The commission included retired
Chief Justice Augustino Ramadhan as the Vice Chairperson as well as 30 other members – 15
from mainland Tanzania and 15 from Zanzibar.6 After a period of time, finally on October 2014
the draft of the proposed constitution was handed to the President, waiting for the referendum so
as to be adopted as the new constitution of Tanzania.

MAIN DISCUSSION
In this stance, the following are the key areas of convergence and divergence between the
Constitution of the united Republic of Tanzania of 1977(as amended from time to time) and the
2014 Proposed Draft Constitution of the United Republic of Tanzania.

Starting with the areas of convergence, referring to areas in which the two constitutions
corelate or resembles to each other. These are as follows;

Structure of The United Republic of Tanzania.

The Constitution of The United Republic of Tanzania (as amended from time to time) establishes
the United Republic of Tanzania to include the whole area of the former Republic of Tanganyika
and the whole area of the former People's Republic of Zanzibar. This is provided under Article
2(1)7. It further declares that, Tanzania is one state and is sovereign United Republic.
It also establishes the two-tier government system whereby one is the government of the united
Republic of Tanzania which is headed by the president of the united Republic of Tanzania
having mandate in Tanzania Mainland, and in Zanzibar only matters concerning the union 8.
Second is the Revolutionary government of Zanzibar headed by the president of Zanzibar having
mandate in all non-union matters in Zanzibar9.
On the other hand, the Proposed Constitution of Tanzania of 2014 establishes the United
Republic of Tanzania to consist of the area of the former Republic of Tanganyika and the area
formerly known as the People's Republic of Zanzibar. 10 It also establishes the two tier
government system in the United Republic where one is the government of the united Republic 11

6
Shivji, I, Constitutional and Legal System of East Africa: A Civics Sourcebook, Mkuki na Nyota Publishers, 2005.
7
The Constitution of The United Republic of Tanzania of 1977(as amended from time to time)
8
Article 34(1), The Constitution of the United Republic of Tanzania of 1977(as amended from time to time)
9
ibid Article 102(1)
10
Article 2, Proposed Draft Constitution of the United Republic of Tanzania of 2014
11
Article 70(1), Proposed Draft Constitution of the United Republic of Tanzania of 2014
and the Revolutionary Government of Zanzibar.12 The Government of the united Republic shall
have power over all matters of the union as well as the non-union matters pertaining Tanzania
Mainland13. The Revolutionary government of Zanzibar shall have power over all non-union
matters pertaining Zanzibar.14

Citizenship.
Both Constitutions have provided a right to vote in the elections held in Tanzania for every
citizen of Tanzania who has attained 18 years old. And this has been provided under the Current
Constitution of Tanzania under Article 5(1),15 and the same has been provided by the Proposed
Constitution whereby every Citizen shall enjoy privileges provided by the laws of the Country
including the right to vote as provided under Article 209(1) of The Proposed Constitution.16

Human rights.
Both Constitutions have established Basic Fundamental Human Rights, duties and limitations,
whereby the Current Constitution of Tanzania under Article 29 & 30,17 has established the
Rights and also provided the limitations. The same applies to the Proposed Constitution under
Article 60 & 6318 also has established the Human rights and the limitations of the Human rights
and duties as provided.

Powers of the President

The current constitution of the united Republic of Tanzania, gives power to the President as the
head of state, the head of the government and the head of armed forces in Tanzania. This is
stipulated in Article 33(2).19 The President as the head of the state stands a symbolic leader of
the state and the person who represent the nation internationally. The President as the head of the
government is responsible for regulating all executive functions of the state. As the head of the
government the President is given power to constitute and abolish any office in the service of the
government of the united Republic.20 As the head of the armed forces, the President holds the
power of the commander in chief of the armed forces. It is the same in the proposed constitution,
12
ibid Article 70(2)
13
Ibid Article 72
14
Ibid Article 73(1)
15
The Constitution of the United Republic of Tanzania of 1977 as amended from time to time.
16
Proposed Draft Constitution of the United Republic of Tanzania of 2014
17
The Constitution of The United Republic of Tanzania of 1977 as amended from time to time.
18
Proposed Draft Constitution of the United Republic of Tanzania of 2014
19
The constitution of the united Republic of Tanzania of 1977 as amended from time to time
20
Article 36(1) of the proposed draft constitution of the united Republic of Tanzania of 2014.
the President also is given power as the head of state, the head of the government and the head of
armed forces. This provision provided under Article 78(1) of the Proposed Constitution. 21

National Election.
Both Constitutions have provided the right to vote or be voted on Elections as to every citizen
attain the age of eighteen (18) has the right, whereby the Current Constitution of Tanzania
particularly under Article 5(1)22 read together with Article 209(1) of the Proposed
Constitution,23 Both have provided for the right to vote to every citizen who has attained the age
of eighteen (18) shall have the right to vote and be voted as he/she prefers.
Also, Both Constitutions have established a Commission responsible for supervision and running
of all activities related to Election, as it is provided under Article 74(1) of the Current
Constitution of United Republic of Tanzania.24 The same applies to the other Constitution which
also has provided the same by establishing a commission under Article 211(1) of the Proposed
Constitution of Tanzania.25
Lastly but not least, involves the members of the Electoral Commission who are appointed by the
President in Both Constitutions, whereby under Article 74(1) of the Current Constitution of
Tanzania26 read together with Article 211(2) of the Proposed Constitution27 has provided for that
issue which is a converging point.

On the divergency point, as the other side of coin, here we are going to discuss the
demarcations between the mentioned Constitution, a point where they have differed in relation to
the specification guided.
Structure of the United Republic of Tanzania.
The Constitution of the United Republic of Tanzania 28 is silent on whether Zanzibar can establish
International relations per se. On the other hand, The Proposed Constitution gives power to
Zanzibar to establish International relations on herself. Only when there is a need for help from
the United Republic, she may consult.29

21
The Proposed Draft Constitution of The United Republic of Tanzania Of 2014.
22
The Constitution of The United Republic of Tanzania Of 1977 As Amended from Time to Time
23
The Proposed Draft Constitution of The United Republic of Tanzania Of 2014.
24
The Constitution of The United Republic of Tanzania Of 1977 As Amended from Time to Time
25
The Proposed Draft Constitution of The United Republic of Tanzania Of 2014.
26
The Constitution of The United Republic of Tanzania Of 1977 As Amended from Time to Time
27
The Proposed Draft Constitution of The United Republic of Tanzania Of 2014.
28
The constitution of the united Republic of Tanzania of 1977 as amended from time to time.
29
Article 73, proposed draft constitution of the united Republic of Tanzania of 2014.
Citizenship.
The Current Constitution of The United Republic of Tanzania is silent on the matter of
citizenship, rather it tried a little to talk about this, under Article 5(1) of the Constitution.30
However, currently, Citizenship in Tanzania is regulated by the Tanzania Citizenship Act 31
which provides for three types of citizenship. It provides for Citizenship by Birth, Citizenship by
Naturalization and Citizenship by descent. Also, it has prohibited special status or position
basing on decent, tradition or lineage32

On the other hand, the Proposed Constitution under Article 65-69,33 the issue of Citizenship has
been well stipulated and provided accordingly, whereby it has established two types of
Citizenship which is by Birth and registration as provided under Article 65(2).34 Also issues
relating to the right to citizen and the circumstances of being a citizen and types of citizens
provided under the Proposed Constitution. 35 In addition it also provided for special status of
Tanzania who are by decent/origin under Article 69.36

Human Rights.
The two Constitutions have both managed to talk about the issue of Human Rights as one among
the crucial issue in relation to any State as far as the Constitution is provided. Each Constitution
have talked to its extent marking a difference in some following aspects as follows;
Extension of Human rights by the Proposed Constitution as mentioned under Article 31-56 of
the Proposed Constitution.37 This means the number of the Human Right mentioned by both
Constitutions is different whereby under the Proposed Constitutions there are many human rights
mentioned which is different from the Constitution of United Republic of Tanzania 38 which has
mentioned few Human Rights compared to the Proposed Constitution, For example Human
Rights such as Right of persons with disabilities, Freedom of Profession, creativity, discovery
and art are examples of Human Rights which have been included in the Proposed Constitution 39
and that marks the first demarcation.

30
The Constitution of the united Republic of Tanzania of 1977(as amended from time to time)
31
[CAP 357 R.E 2002]
32
Article 29(3) & (4) of the Constitution of the united Republic of Tanzania of 1977(as amended from time to time)
33
Proposed Draft Constitution of the United Republic of Tanzania of 2014
34
Ibid
35
Ibid Article 65-68
36
Article 69, proposed draft constitution of the united Republic of Tanzania of 2014.
37
Proposed Draft Constitution of the United Republic of Tanzania of 2014
38
Article 11-28 of The Constitution of the united Republic of Tanzania of 1977(as amended from time to time)
39
Article 52 read together with Article 56 of The Proposed Draft Constitution of Tanzania of 2014.
Another divergency, The Constitution of United Republic of Tanzania has generalized the
Human Rights for several groups moreover the limitations and enforcement of these Rights as it
can be witnessed under Article 30 of the Constitution of Tanzania. 40 Whereby these human
rights have been generalized into single groups having different categories within it which is
contrary to The Proposed Constitution which itself it has Specified each group with its rights this
differing to the current Constitution, and this is provided under chapter 5 particularly Article
57-64 of the Proposed Constitution.41

Powers of the President.

There is no much divergency concerning to this issue, whereby Both Constitutions tend to tend
to resemble concerning the subject matter, although there is a small distinction which can be
noticed regarding on the subject matter;
The powers to appoints persons into different position, whereby concerning the issue under
Article 66(1)(e) the Current Constitution of Tanzania,42 the President has been granted power to
appoint 10 Members of Parliament only which is contrary to the Proposed Constitution as
provided under Article 124(1)(b) & (c) of the Proposed Constitution.43 Whereby the powers to
appoint members of the Parliament by the President has increased from 10 to 15 as provided by
the Proposed Constitution.
Another distinct diversion, regards on the Powers to Appoint the Members of The Electoral
Commission whereby under the Current Constitution of Tanzania, the President has been given
unlimited power of appointing the members of the Commission as provided under Article 74(1)
of the Constitution of Tanzania, 44 Thus is top say there is no specified number of members
provided by the Constitution. Which is Contrary to the Proposed Constitution which has
provided the President with powers to appoint only seven (7) members of the Independent
Electoral Commission as provided under Article 211(1) of the Proposed Constitution.45 Hence
limiting the President on a specified number provided.

National Elections.

40
The Constitution of the united Republic of Tanzania of 1977(as amended from time to time)
41
Proposed Draft Constitution of the United Republic of Tanzania of 2014
42
The Constitution of the united Republic of Tanzania of 1977(as amended from time to time)
43
Proposed Draft Constitution of the United Republic of Tanzania of 2014.
44
The Constitution of the united Republic of Tanzania of 1977(as amended from time to time)
45
Proposed Draft Constitution of the United Republic of Tanzania of 2014.
The two Constitutions also have mentioned this issue as one among which directs our nation into
a process of attaining new government after every five years. It is supervised under important
body which is known as Electoral Commission. The following are several divergencies which we
have noticed referring the subject matter at hand;
The issue of Private/Independent Candidates, there is a divergence concerning the issue whereas
The Current Constitution of Tanzania under Article 39(1)(c) read together with Article 67(1)(b)
of the Constitution of Tanzania, 46 which requires any candidate of any position in the Nation
Election is required to be proposed by a Political Party this is what is practiced till now Private
candidates are not recognized by the Constitution which is Contrary to the Proposed Constitution
which under Article 210(1) of the Proposed Constitution, 47 it recognizes and allows Independent
Candidates to stand in the National Election which is overseen by the Electoral Commission.
Another divergency is regarding to the Electoral Commission which is responsible for
supervising the National Election, the diversities can be seen as follows;
 Name of the Body or Commission
According to the current Constitution of Tanzania under Article 74(1)48 the commission
is known as Electoral Commission as established under the Constitution.
While Under Article 211(1) of the Proposed Constitution49 the Commission shall be
known as Independent Electoral Commission as provided.
 Composition of the Commission
Article 74(1) of the current Constitution of Tanzania,50 provided for the composition of
the commission but didn’t elaborate or specify the number of the members of the
Commission. Which is contrary to the Proposed Constitution.
The Proposed Constitution under Article 211(2),51 provides only for nine (9) as the
members of the Commission, hence only seven members are recognized by the
Constitution which is different from the Current Constitution on this matter.
 Eligibility of members of the Commission,

46
The Constitution of the united Republic of Tanzania of 1977(as amended from time to time)
47
Proposed Draft Constitution of the United Republic of Tanzania of 2014.
48
The Constitution of the united Republic of Tanzania of 1977(as amended from time to time)
49
Proposed Draft Constitution of the United Republic of Tanzania of 2014.
50
The Constitution of the united Republic of Tanzania of 1977(as amended from time to time)
51
Proposed Draft Constitution of the United Republic of Tanzania of 2014.
 Article 74(3)(c) of the Current Constitution of Tanzania 52 prohibits members of
Parliament from being members of the Electoral Commission while it is provided
contrary on the Proposed Constitution whereby members of Parliament and public
servants are allowed to be appointed as members of Electoral Commission.53
 Establishment of the Appointment Committee.
The Proposed Constitution under Article 212(1)54 establishes the so-called Appointment
Committee which responsibility of receiving and reviewing the names of the people who
have applied to be members of the Independent Electoral Committee in regard to
procedures that shall be identified by a law whereby under the United Republic
Constitution regarding on the Committee is silent there is no such Committee in the
Constitution.
 Powers of Director of the Commission
The current Constitution of Tanzania establishes the Director of the Electoral
Commission and empower him/her as the Chief Executive of the Commission as
provided under Article 74(7) of the United Constitution of Tanzania, 55 while on the
Proposed Constitution particularly under Article 212(2) read together with Article
217(4) of the Proposed Constitution, 56 provides for the Director of the Commission as the
Secretary of the Appointment Committee and is also answerable to the Independent
Election Committee.

CONCLUSION

Generally, after assessing some areas which we were guided we happen to found that the
Proposed Constitution of 2014 have tried to solve and correct some of issues which were
problem in The Current Constitution to some extent but still there is a problem with the
New/Proposed Constitution of 2014 whereby most of the thing remained as they are in the
Current Constitution. For example, the Issues concerning with the powers of the President,
National Election etc. We recommend that in the new/Proposed Constitution the changes should

52
The Constitution of the united Republic of Tanzania of 1977(as amended from time to time)
53
Article 211(7) of the Proposed Draft Constitution of the United Republic of Tanzania of 2014.
54
Proposed Draft Constitution of the United Republic of Tanzania of 2014
55
ibid
56
ibid
be made so as to clarify more and make the Constitutional more democratic and this can be done
for instance by ensuring equal division of power among state organs.
 REFERENCE

CONSTITUTIONS
The Constitution of the United Republic of Tanzania, 1977 (as amended from time to time).
The Independence Constitution of 1961.
The Interim Constitution of Tanzania and Zanzibar of 1964.
The Proposed Draft Constitution of the United Republic of Tanzania of 2014.
The Republican Constitution of 1962.

STATUTES
Tanzania Citizenship Act [CAP 357 R.E. 2019]

BOOKS
Shivji, I, Constitutional and Legal System of East Africa: A Civics Sourcebook, Mkuki na Nyota
Publishers, 2005.

JOURNALS
Mtaki, C. K., “The doctrine of Separation of Powers and Constitutional developments in
Tanzania “in Mtaki, C. K and Okema, M., (eds), Constitutional Reforms and Democratic
Governance in Tanzania, Friedrich Naumann Stiftung & Faculty of Law, DarerSalaam,1994.

Nyirabu, Mohabe. “The Multiparty Reform Process in Tanzania: The Dominance of the Ruling
Party.” African Journal of Political Science, Vol 7, no. 2, 2002.
ONLINE SOURCES
<Https: Www.Kituo Cha Katiba (Eastern Africa Center for Constitutional Development),
Tanzania: Key Historical and Constitutional Developments> accessed 3th May 2022.