THE CONSTITUTIONAL REVIEW ACT

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CHAPTER 83
THE 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 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 audit.

. Cessation of membership.
13. Secretariat.
14. Expenses of Commission.
15. Immunity of members of Commission and Secretariat.
16. Accounts and audit.

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584
part iv
PROCEDURE OF COMMISSION
17. Mode of operation.
18. Constitutional fora.
19. Report of Commission.
20. Submission and publication of report.
21. Offences and penalties.
part v
CONVENING OF CONSTITUENT ASSEMBLY
22. Convening Constituent Assembly.
23. Interim Chairman.
24. Chairman and Vice-Chairman of Constituent Assembly.
25. Clerk and Staff of Constituent Assembly.
26. Powers of Constituent Assembly.
27. Provisions relating to Constituent Assembly.
28. Acts of Constituent Assembly.
29. Abatement of powers of Constituent Assembly.
30. Publication and submission of proposed Constitution.
31. Validation of proposed Constitution.
32. Expenses of Constituent Assembly.
33. Accounts and audit.
34-39. Repealed.
part vi
GENERAL PROVISIONS
40. Dissolution of Commission.
41. Promulgation of Constitution.
SCHEDULES

sembly.
33. Accounts and audit.
34-39. Repealed.
part vi
GENERAL PROVISIONS
40. Dissolution of Commission.
41. Promulgation of Constitution.
SCHEDULES

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PART I
PRELIMINARY PROVISIONS
1.–(l) This Act may be cited as the Constitutional Review Act. (2) [Omitted]. 2. This Act shall apply to Mainland Tanzania and to Tanzania
Zanzibar. 3. 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;
Short title
Application
Interpretation
Act No. 7 of 2013 s. 2
GN. No. 394 of 2011
CHAPTER 83
THE CONSTITUTIONAL REVIEW ACT
An Act to provide for the establishment of the Constitutional Review
Commission for purposes of coordination 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.

he 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]
[s. 1(2)]
Acts Nos. 8 of 2011
2 of 2012
7 of 2013
9 of 2013
11 of 2013
GN. No. 394 of 2011

[1st December, 2011]
[s. 1(2)]
Acts Nos. 8 of 2011
2 of 2012
7 of 2013
9 of 2013
11 of 2013
GN. No. 394 of 2011

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ania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E.

2023]
586
“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 organisation 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;
“Draft Constitution” means the Draft Constitution prepared
by the Commission under this Act;
“fora” means open and free public meetings, assemblies,
gatherings or discussions organised 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;
“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 the purpose of
validation of the proposed Constitution;
“Secretary” means the Secretary referred to under section 13;
“Standing Orders” means the Standing Orders of the Constituent
Assembly made under this Act;
“the Constitution” means the Constitution of the United Republic
of Tanzania, 1977.

e Standing Orders of the Constituent
Assembly made under this Act;
“the Constitution” means the Constitution of the United Republic
of Tanzania, 1977.

Cap. 2

Cap. 2

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THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E.

. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.587
THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E.

2023]
PART II
OBJECTIVES
4.–(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 and private
institutions, civil societies and religious organisations,
political parties and any other organisation that the
Commission may consider appropriate;
(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;
Objectives
GN.

y;
(m) provide for election of the Chairman and the Vice-
Chairman of the Constituent Assembly and appointment
of the Clerks and Staff;
Objectives
GN.

No. 394 of 2011

No. 394 of 2011

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588
(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 COMMISSION1
5. 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.–(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 principal of equal members
from either part of the United Republic.

ject to subsection (3), the composition of the
Commission shall have regard to the principal 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; and
(c) age, gender and representation of various social groups. 1 GN. No. 394 of 2011. Establishment of
Commission
Appointment
of members of
Commission
Act No. 2 of 2012 s. 2

epresentation of various social groups. 1 GN. No. 394 of 2011. Establishment of
Commission
Appointment
of members of
Commission
Act No. 2 of 2012 s. 2

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THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023]
(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 security organs;
(b) 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
(c) a non-citizen of Tanzania. (6) For the purposes of subsections (1), (2) and (3), the
President shall invite fully registered political parties, religious
organisations, civil societies, associations, institutions and any
other group of persons under whatever name having common
interest to submit to the President a lists of names of persons
for appointment as members:
Provided that, the lists shall, for every name proposed,
indicate the age, gender, experience, qualifications and a place
of abode of such person.

rs:
Provided that, the lists shall, for every name proposed,
indicate the age, gender, experience, qualifications and a place
of abode of such person.

(7) Subsection (6) shall not be construed as precluding the
President from appointing as members persons outside the lists
of names submitted to him as provided for in subsection (6). 7.–(1) The Commission shall consist of-
(a) a Chairman;
(b) a Vice-Chairman; and
(c) not more than thirty and not less than twenty other
members. (2) Appointment of the Chairman and the Vice-Chairman
shall be made on the basis of the principle that where the Chairman
hails from one part of the United Republic, the Vice-Chairman
shall be a person who hails from the other part of the United
Republic. (3) Members of the Commission shall be appointed through
an order published in the Gazette. Composition of
Commission
GN. No. 394 of 2011

ed
Republic. (3) Members of the Commission shall be appointed through
an order published in the Gazette. Composition of
Commission
GN. No. 394 of 2011

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590
8.–(1) Terms of reference for the Commission shall be as
provided for under sections 9 and 17. (2) Without prejudice to subsection (1), the Commission
may consider any other matter as it may find necessary during
the performance of its functions. (3) The Commission shall perform and complete its functions
within eighteen months from the date of commencing business. (4) Where the Commission is unable to complete performance
of its functions during the period referred to in subsection (3),
the President may, in agreement with the President of Zanzibar,
extend for not more than two months during a period which
the Commission shall complete and submit the report.

reement with the President of Zanzibar,
extend for not more than two months during a period which
the Commission shall complete and submit the report.

9.–(1) The functions of the Commission shall be to-
(a) coordinate and collect public opinions;
(b) examine and analyse the consistency and compatibility
of the constitutional provisions in relation to the
sovereignty of the people, political system, democracy,
rule of law and good governance;
(c) make recommendations on each term of reference; and
(d) prepare and submit a report. (2) In the implementation of the provisions of subsection
(1), the Commission shall adhere to national values and ethos
and shall, in that respect, safeguard and promote the following
matters:
(a) the existence of the United Republic;
(b) the existence of the Executive, Legislature and the
Judiciary;
(c) the republican nature of governance;
(d) the existence of Revolutionary Government of Zanzibar;
(e) national unity, cohesion and peace;
(f) periodic democratic elections based on universal suffrage;
(g) the promotion and protection of human rights;
(h) human dignity, equality before the law and due process
of law; and
Terms of
Reference
GN. No. 394 of 2011
Functions of
Commission
GN. No. 394 of 2011

human dignity, equality before the law and due process
of law; and
Terms of
Reference
GN. No. 394 of 2011
Functions of
Commission
GN. No. 394 of 2011

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THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023]
(i) existence of a secular nature of the United Republic
that does not inclined to any religion and that respects
freedom of worship. (3) For the purpose of subsection (2), and for any other
matter of national importance, the Commission shall afford
the people an opportunity to freely express their opinions with
a view to further enrich those matters. 10. The Commission shall enjoy such independence and
autonomy as may be necessary for the performance of its
functions and exercise of its powers under this Act and shall
not be interfered by any person or authority. 11. Every member of the Commission, the Secretary and
Deputy Secretary shall, before taking assignment, subscribe
to an oath or affirmation administered by the President as
prescribed in the First Schedule to this Act.

ry shall, before taking assignment, subscribe
to an oath or affirmation administered by the President as
prescribed in the First Schedule to this Act.

12.–(1) A person shall cease to be a member of the Commission
upon the occurrence of any of the following events:
(a) death;
(b) resignation;
(c) inability by reason of illness;
(d) removal for breach of the Code of Conduct;
(e) conviction for an offence which carries a custodial
sentence of not less than one month; and
(f) where that person looses qualifications for appointment. (2) For the purpose of better discharge of the functions of
the Commission, there shall be a Code of Conduct prescribed
for in the Second Schedule to this Act. (3) A member of the Commission or the Secretariat who
breaches the provisions of the Code of Conduct shall be
disqualified from continuing to be a member. (4) Where a question of removal of a member for breach of
Code of Conduct arises, the President shall appoint a Committee
composed of:
(a) a Judge of the Court of Appeal who shall be the Chairman;
Independence of
Commission
GN. No. 394 of 2011
Oath and
affirmation by
members and
Secretary of
Commission
Cessation of
membership
Act No. 2 of 2012 s. 3(a)

ndence of
Commission
GN. No. 394 of 2011
Oath and
affirmation by
members and
Secretary of
Commission
Cessation of
membership
Act No. 2 of 2012 s. 3(a)

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592
(b) a Commissioner of the Commission for Human Rights
and Good Governance;
(c) a Commissioner of the Public Leaders Ethics Secretariat;
(d) an advocate of the High Court for Zanzibar recommended
by the Zanzibar Law Society; and
(e) an advocate of the High Court recommended by the
Tanganyika Law Society,
who shall inquire into the matter and make recommendations
to the President, and where the Committee recommends that
the removal of the member should not be made the question
of removal of that member shall abate. (5) The committee shall regulate its own procedure for the
conduct of business. 13.–(1) There shall be a Secretariat to the Commission which
shall be headed by the Secretary with assistance of the Deputy
Secretary.

ct of business. 13.–(1) There shall be a Secretariat to the Commission which
shall be headed by the Secretary with assistance of the Deputy
Secretary.

(2) The Secretary and Deputy Secretary shall be appointed
by the President upon agreement with the President of Zanzibar
on the basis of the principal that where the Secretary hails from
one part of the United Republic, the Deputy Secretary shall be
a person who hails from the other part of United Republic. (3) A person shall qualify to be appointed as a Secretary
where that person is a public servant and profess law profession
and has served as such for a period of not less than ten years
and is of good conduct and character. (4) The Secretary and the Deputy Secretary shall be responsible
to the Commission and shall perform such functions and
discharge duties of the Secretariat. (5) Other members of the Secretariat shall be appointed by
the Minister upon agreement with the Minister responsible
for constitutional affairs of the Revolutionary Government of
Zanzibar. (6) The Secretariat shall have such number of public officers
as may be necessary for better performance and the exercise of
powers of the Commission. Secretariat
Act No. 2 of 2012 s. 3(b)

mber of public officers
as may be necessary for better performance and the exercise of
powers of the Commission. Secretariat
Act No. 2 of 2012 s. 3(b)

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THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023]
(7) The Commission shall be a disciplinary authority in
respect of members of the Secretariat. 14.–(1) The expenses of the constitutional review incurred
by the Commission in accordance with this Act shall be charged
on and issued out of the Consolidated Fund of the United
Republic. (2) Members of the Commission and the Secretariat shall
be remunerated subject to the relevant laws and regulations. 15. A member of the Commission or the Secretariat shall not
be liable personally to a civil or a criminal action for or in
respect of any matter or thing done or omitted to be done in
good faith as member of the Commission or the Secretariat
in the performance of the functions of, and in the exercise of
powers of, the Commission under this Act. 16.–(1) The Secretary shall cause to be kept proper books of
accounts and shall, within and not later than three calendar
months after the end of each financial year, cause to be prepared
a statement of income and expenditure during the financial year.

than three calendar
months after the end of each financial year, cause to be prepared
a statement of income and expenditure during the financial year.

(2) The accounts relating to the operations of the Commission
on the last day of the financial year shall be submitted for audit
by the Controller and Auditor-General in accordance with the
Public Audit Act, the Public Procurements Act and the Public
Finance Act. PART IV
PROCEDURE OF COMMISSION2
17.–(1) The Commission shall perform its functions in
accordance with this Act and the terms of reference. (2) For the purposes of implementation of subsection (1),
the Commission shall-
2 GN. No. 394 of 2011. Expenses of
Commission
Immunity of
members of
Commission and
Secretariat
GN. No. 394 of 2011
Accounts and
audit
Cap. 418
Cap. 410
Cap. 348
Mode of
operation
Act No. 2 of 2012 s. 3(c)
GN. No. 394 of 2011

sion and
Secretariat
GN. No. 394 of 2011
Accounts and
audit
Cap. 418
Cap. 410
Cap. 348
Mode of
operation
Act No. 2 of 2012 s. 3(c)
GN. No. 394 of 2011

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594
(a) articulate and conduct awareness programmes on the
objectives and functions of the Commission;
(b) hold such number of meetings or assemblies in such
places and at such times as it shall determine;
(c) examine and analyse divergent public opinions separately;
and
(d) prepare and submit a report in accordance with the
terms of reference. (3) The Commission may ask any person who is willing
to appear before it for discussion, orally or by production of
document, on any constitutional matter which the Commission
considers relevant to the constitutional review process. (4) In the performance of its functions under this Act, the
Commission shall examine and analyse the ideas, views,
information, opinions, proposals and recommendations collected
and examined in the past, including:
(a) a summary of the public opinions on areas of convergence
and divergence for both parts of the United Republic;
(b) all documents reflecting the ideas, views and opinions of
the general public under the White Paper No.

ence for both parts of the United Republic;
(b) all documents reflecting the ideas, views and opinions of
the general public under the White Paper No.

1 of 1962 on
the Establishments of the Republic of Tanganyika, Arusha
Declaration of 1967, the Presidential Commission on
the Establishment of Democratic One-Party System, the
1983 National Executive Committee of CCM Proposed
Amendments to the Constitution of the United Republic
of Tanzania, 1977 and the Constitution of Zanzibar, 1979,
the Presidential Commission on Single Party or Multi-
Party System in Tanzania 1991 and the Committee for
the collection of views on the Constitution (the White
Paper, No. 1 of 1998);
(c) the Independence Constitution of Tanganyika, 1961;
(d) the Constitution of the Republic of Tanganyika, 1962;
(e) the Articles of Union of the Republic of Tanganyika
and the people’s Republic of Zanzibar;
(f) the Interim Constitution of the United Republic of
Tanzania, 1965;

s of Union of the Republic of Tanganyika
and the people’s Republic of Zanzibar;
(f) the Interim Constitution of the United Republic of
Tanzania, 1965;

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THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023]
(g) the Constitution of the United Republic of Tanzania,
1977;
(h) the following Zanzibar Presidential Decrees:
(i) the Constitutional Government and Rule of Law Decree,
1964;
(ii) Equality, Reconciliation and Unity of the Zanzibar
People Decree, 1964;
(iii) the Existing Laws Decree, 1964;
(iv) Confisication of Immovable Property Decree, 1964;
(v) the Legislative Powers Decree, 1964; and
(vi) the Cabinet Decree, 1964;
(i) the Constitution of Zanzibar, 1979;
(j) the Constitution of Zanzibar, 1984;
(k) the joint Finance Commission Report and the Shellukindo
Report on Challenges of the Union;
(l) the Wangwe Report on the Fast Tracking of the East
African Federation;
(m) analytical and academic studies undertaken by the
Commission; and
(n) any other relevant documents as the Commission many
consider necessary.

ion;
(m) analytical and academic studies undertaken by the
Commission; and
(n) any other relevant documents as the Commission many
consider necessary.

(5) The Commission may-
(a) for Mainland Tanzania, require the District Commissioner,
a Director of local government authority, the Ward
Executive Officer or a Mtaa or Village Executive Officer to
cause to be convened meetings of residents of a township,
ward or hamlet or village, as the case may be; and
(b) for Tanzania Zanzibar, require the District Commissioner,
Municipal Director, Clerk to the Town or District
Council or a Sheha to cause to be convened meetings
of residents of a township or various Shehias, for the
purpose of collecting public opinions on constitutional
matters as specified in the terms of reference. (6) In order to facilitate effective discharge of its functions,
the Commission may form committees and assign to any of
such committees general or specific matter to deliberate upon.

ive discharge of its functions,
the Commission may form committees and assign to any of
such committees general or specific matter to deliberate upon.

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596
(7) The Commission may co-opt any person or engage any
consultant as may be necessary for the proper performance of
its functions. (8) In the performance of its functions, the Commission shall
devise uniform methodologies, except where circumstance
require otherwise, that would be applicable in each part of
the United Republic in the collection and analysis of public
opinions the conduct of fora and writing of the report.

uld be applicable in each part of
the United Republic in the collection and analysis of public
opinions the conduct of fora and writing of the report.

(9) A person who intends to conduct public awareness
programme on the constitutional review and so recognised by
the Commission shall, in the case of-
(a) an individual, notify the Commission in writing or
in that behalf, a District Commissioner, a Director of
local government authority or the Municipal Director
or the Clerk to the Town or District Council; or
(b) an organisation, civil society, association, institution or
a group of persons under whatever name having common
interest, be required to-
(i) issue notice to the Commission in writing or in that
behalf, District Commissioner, a Director of local
government authority or the Municipal Director
or the Clerk to the Town or District Council;
(ii) register under the relevant laws of Mainland
Tanzania or Tanzania Zanzibar,
and that person, organisation, society, association, institution
or group of persons shall disclose to the Commission, or in
that behalf, the District Commissioner, the Director of local
government authority or the Municipal Director or the Clerk
to the Town or District Council, as the case may be, sources
of funds that would be expended for awareness programme.

Municipal Director or the Clerk
to the Town or District Council, as the case may be, sources
of funds that would be expended for awareness programme.

(10) The Notice referred to under subsection (9) shall specify
time, date, place, venue and the nature of the subject matter of
the awareness programme. (11) For the purpose of this section, an organisation, society,
association, institution or group of persons having common
interest may convene meetings in order to afford opportunity

ion, an organisation, society,
association, institution or group of persons having common
interest may convene meetings in order to afford opportunity

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THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023]
for their members to make their opinions on the proposed
Constitution and forward such opinions to the Commission. (12) An organisation, society, association, institution or
group of persons having common interest which intend to
conduct a public meeting, rally or assembly for purposes of
this section shall notify the relevant authority in accordance
with law governing such meeting, rallies or assemblies. 18.–(1) There shall be fora for constitutional review. (2) The fora for constitutional review shall provide public
opinions on the Draft Constitution through meetings organised
by the Commission. (3) The fora for constitutional review shall be formed on
ad hoc basis by the Commission based on geographical
diversity of the United Republic and shall involve and bring
together representatives of various groups of people within the
communities. (4) The fora referred to in subsection (1) and in other
provisions of this Act shall exclusively be for the citizens of
Tanzania.

hin the
communities. (4) The fora referred to in subsection (1) and in other
provisions of this Act shall exclusively be for the citizens of
Tanzania.

(5) For the purpose of this section, before the Commission
completes making the report, it shall publish the Draft
Constitution in the Gazette, and other local newspapers in
order to afford opportunity to the public to further enrich the
provisions of the Draft Constitution through discussions in
the fora for constitutional review. (6) For the purpose of this section, the Commission may
allow organisations, associations or groups of persons to convene
meeting in order to afford opportunity to its members to air
their views on the Draft Constitution and forward such view
to the Commission. 19.–(1) On the basis of the examination and analysis undertaken
pursuant to sections 17 and 18, the Commission shall prepare
a report containing-
(a) a summary of public opinions on each term of reference;
Constitutional
fora
Act No. 12 of 2012 s. 3(d)
Report of
Commission
GN. No. 394 of 2011

g-
(a) a summary of public opinions on each term of reference;
Constitutional
fora
Act No. 12 of 2012 s. 3(d)
Report of
Commission
GN. No. 394 of 2011

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598
(b) recommendations of the Commission on each terms of
reference;
(c) reports by consultants engaged by the Commission;
(d) a Draft Constitution; and
(e) any other relevant information. (2) The Draft Constitution shall form an annex to the report
of the Commission. 20.–(1) The Commission shall, after the completion of making a
report, submit such report to the President and the President of
Zanzibar. (2) The President shall, within thirty days after receiving the
report, publish the Draft Constitution in the Gazette and other
local newspapers with a statement that the Draft Constitution
shall be presented to the Constituent Assembly for enactment
of the proposed constitution. (3) The President shall, upon consultation and agreement
with the President of Zanzibar, direct the Chairman of the
Commission to present the Draft Constitution of the Constituent
Assembly.

ion and agreement
with the President of Zanzibar, direct the Chairman of the
Commission to present the Draft Constitution of the Constituent
Assembly.

(4) Notwithstanding the dissolution of the Commission
under section 40(1), the Clerk of the Constituent Assembly
may, upon consultation with the Chairman of the Constituent
Assembly, invite the Chairman, Vice-Chairman or any other
member of the dissolved Commission to give clarification
which may be required during the debates of the Constituent
Assembly. 21.–(1) A person who intentionally obstructs, hinders,
prevents or by conduct or omission incites-
(a) a member of the Commission or Secretariat from
performing the functions or exercising the powers of
the Commission; or
(b) a person or group of persons from giving public opinions
to the Commission,
commits an offence. Submission and
publication of
report
Act No. 7 of 2013 s. 3
Offences and
penalties
Act No. 2 of 2012 s. 4
GN. No. 394 of 2011

ion,
commits an offence. Submission and
publication of
report
Act No. 7 of 2013 s. 3
Offences and
penalties
Act No. 2 of 2012 s. 4
GN. No. 394 of 2011

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.599
THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023]
(2) A person who-
(a) carries on an activity of coordinating and colleting public
opinions contrary to this Act;
(b) impersonates to be a member of the Commission or
the Secretariat; or
(c) conducts awareness programme on constitutional review
contrary to this Act,
commits an offence. (3) A person who is convicted of an offence under this Act
shall be liable to a fine of not less than two million shillings
but not exceeding five million shillings or imprisonment for
a term of not less than one year but not exceeding three years
or to both. (4) A measure undertaken under the provisions of this
section shall not abate by reason that this Act is spent and has
no legal effect.

rs
or to both. (4) A measure undertaken under the provisions of this
section shall not abate by reason that this Act is spent and has
no legal effect.

PART V
CONVENING OF CONSTITUENT ASSEMBLY3
22.–(1) There shall be a Constituent Assembly consisting of
the following members:
(a) all members of the National Assembly of the United
Republic;
(b) all members of the House of Representative of Zanzibar;
and
(c) two hundred and one members appointed by the
President in agreement with the President of Zanzibar
as follows:
(i) twenty members from Non-Governmental
Organisations;
(ii) twenty members from Faith Based Organisations;
(iii) forty two members from all fully registered Political
Parties;
3 GN. No. 394 of 2011. Convening
Constituent
Assembly
Acts Nos. 7 of 2013 s. 4
9 of 2013 s. 2
GN. No. 394 of 2011

fully registered Political
Parties;
3 GN. No. 394 of 2011. Convening
Constituent
Assembly
Acts Nos. 7 of 2013 s. 4
9 of 2013 s. 2
GN. No. 394 of 2011

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600
(iv) twenty members from Learning Institutions;
(v) twenty members from groups of persons with
disabilities;
(vi) nineteen members from Trade Union Organisations;
(vii) ten members from associations representing
livestock keepers;
(viii) ten members from fisheries associations;
(ix) twenty members from agricultural associations; and
(x) twenty members from any other groups of persons
having common interest. (2) For the purpose of paragraph (c) of subsection (1), the
total number of members of the Constituent Assembly hailing
from Tanzania Zanzibar shall not be less than one third of the
total number members referred to in paragraph (c).

of the Constituent Assembly hailing
from Tanzania Zanzibar shall not be less than one third of the
total number members referred to in paragraph (c).

(3) The President shall invite each group specified under
subsection (1)(c) from both sides of the union to submit to
him a list of not less than four names and not more than nine
names for consideration of appointment:
Provided that, the list shall-
(a) for every name proposed, indicate the age, gender,
experience, qualifications and place of abode for that
person;
(b) take into consideration gender parity. (4) In appointing members of the Constituent Assembly
under subsection (1)(c), the President shall have regard to-
(a) qualifications and experience of person nominated;
and
(b) gender parity. (5) The President shall publish the names of members of
the Constituent Assembly in the proclamation published in
the Gazette. (6) The President upon agreement with the President of
Zanzibar shall, after twenty-one days following publication of
the Draft Constitution in terms of section 20(2), by proclamation
published in the Gazette, convene the Constituent Assembly
on a date specified in the proclamation.

itution in terms of section 20(2), by proclamation
published in the Gazette, convene the Constituent Assembly
on a date specified in the proclamation.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.601
THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023]
23.–(1) Without prejudice to the provisions of section 24, after
the convening of the Constituent Assembly, the Clerk of the
National Assembly and the Clerk of the House of Representatives
shall manage and supervise the process of electing the Interim
Chairman of the Constituent Assembly who shall preside over
the proceedings of the Assembly for the purposes of-
(a) developing and adopting the Standing Orders of the
Constituent Assembly; and
(b) conducting the election of the Chairman and Vice-
Chairman of the Constituent Assembly. (2) The Interim Chairman elected by the Constituent
Assembly under subsection (1) shall not be eligible to contest
for the chairmanship of the Constituent Assembly. [s. 22A]
24.–(1) There shall be a Chairman and the Vice-Chairman of
the Constituent Assembly who shall be elected by the members
of the Constituent Assembly on the first day of its meeting
and in the manner prescribed in the Standing Orders of the
Constituent Assembly.

e members
of the Constituent Assembly on the first day of its meeting
and in the manner prescribed in the Standing Orders of the
Constituent Assembly.

(2) The Chairman and the Vice-Chairman of the Constituent
Assembly shall be elected from amongst members of the
Constituent Assembly based on the principle that where the
Chairman hails from one part of the United Republic, then the
Vice-Chairman shall be a person who hails from the other part
of the United Republic. (3) The election of the Chairman and the Vice-Chairman
shall be conducted by secret ballots and the winner shall be
elected by simple majority of votes cast. (4) A member shall not be eligible for nomination or election
as a Chairman or Vice-Chairman unless that member-
(a) possesses a degree from a recognised university;
(b) possesses proven experience and competence in chairing
public assemblies or fora;
Interim
Chairman
Act No. 7 of 2013 s. 5
Chairman and
Vice-Chairman
of Constituent
Assembly
Act No. 7 of 2013 s. 6
GN. No. 394 of 2011

emblies or fora;
Interim
Chairman
Act No. 7 of 2013 s. 5
Chairman and
Vice-Chairman
of Constituent
Assembly
Act No. 7 of 2013 s. 6
GN. No. 394 of 2011

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602
(c) has not been convicted by any court in the United Republic
and sentenced to a term of imprisonment exceeding six
months for any offence involving dishonesty or moral
turpitude. (5) Procedure for application, nomination and election of
Chairman and Vice-Chairman shall be as may be prescribed
in the Standing Orders. (6) Before assuming office, the Chairman and the Vice-
Chairman shall subscribe to an oath or affirmation specified
in the Forth Schedule, as the case may be, administered by the
Clerk of the Constituent Assembly. (7) A member of the Constituent Assembly shall not
assume office until that member has taken oath or affirmation
specified in the Fourth Schedule before the Chairman or the
Vice-Chairman of the Constituent Assembly. (8) For the purposes of this section, members of the
Constituent Assembly shall have power to develop and adopt the
Standing Orders of the Constituent Assembly before subscribing
to oath or affirmation, as the case may be. [s.

all have power to develop and adopt the
Standing Orders of the Constituent Assembly before subscribing
to oath or affirmation, as the case may be. [s.

23]
25.–(1) Immediately after the proclamation of the Constituent
Assembly by the President and subject to subsection (2),
reigning Clerks of the National Assembly and the House of
Representatives shall, by operation of this Act, become the
Clerk and the Deputy Clerk of the Constituent Assembly and
vice versa. (2) Notwithstanding the provisions of subsection (1), the
Clerk of the National Assembly and the Clerk of the House of
Representatives shall, before the proclamation of the Constituent
Assembly, make necessary preparations for better carrying out
of the Constituent Assembly business. (3) Assumption of the offices of the Clerk or Deputy Clerk
of the Constituent Assembly shall be on the basis that, where
the Chairman of the Constituent Assembly is elected from one
part of the United Republic, the Clerk shall be a person from
the other part of the United Republic. Clerk and Staff
of Constituent
Assembly
Acts Nos. 7 of 2013 s. 7
9 of 2013 s. 3
GN. No. 394 of 2011

person from
the other part of the United Republic. Clerk and Staff
of Constituent
Assembly
Acts Nos. 7 of 2013 s. 7
9 of 2013 s. 3
GN. No. 394 of 2011

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.603
THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023]
(4) The Clerk and the Deputy Clerk of the Constituent
Assembly shall discharge their duties in accordance with the
Standing Orders of the Constituent Assembly. (5) The Clerk of the Constituent Assembly shall, upon
consultation with the Deputy Clerk, select such number of staff
from the National Assembly, the House of Representatives, Offices
of the Attorney General of the United Republic and Zanzibar
and from other public institutions, as may be necessary for better
performance of the functions of the Constituent Assembly. (6) The staff selected under subsection (5) shall be under
attachment for the prescribed period of the Constituent Assembly. (7) The Clerk and Deputy Clerk of the Constituent Assembly
shall, before assuming office, subscribe to an oath or affirmation
before the President as set out in the Third Schedule to this Act. [s.

ent Assembly
shall, before assuming office, subscribe to an oath or affirmation
before the President as set out in the Third Schedule to this Act. [s.

24]
26.–(1) The Constituent Assembly shall have and exercise
powers to make provisions for the New Constitution of the
United Republic and to make consequential and transitional
provisions to the enactment of such Constitution and to make
such other provisions as the Constituent Assembly may find
necessary. (2) The powers of the Constituent Assembly to make provisions
for the proposed Constitution shall be exercised by a Draft
Constitution tabled by the Chairman of the Commission and
passed by the Constituent Assembly. [s. 25]
27.–(1) The Constituent Assembly may develop Standing
Orders of the Constituent Assembly for the conduct of business
in the Constituent Assembly. (2) The provisions of the proposed Constitution shall require
passing by the Constituent Assembly on the basis of support of
two third majority of the total number of the members hailing
from Mainland Tanzania and two third majority of the total
number of members hailing from Tanzania Zanzibar. [s. 26]
Powers of
Constituent
Assembly
Provisions
relating to
Constituent
Assembly
Acts Nos. 7 of 2013 s. 8
9 of 2013 s. 4

ing from Tanzania Zanzibar. [s. 26]
Powers of
Constituent
Assembly
Provisions
relating to
Constituent
Assembly
Acts Nos. 7 of 2013 s. 8
9 of 2013 s. 4

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604
28.–(1) Subject to the provisions of any Act of the Constituent
Assembly, the Interpretation of Laws Act shall apply to the
interpretation of an Act of the Constituent Assembly and
references in that or in any other law to any Act shall, except
where the context otherwise requires, include reference to an
Act of the Constituent Assembly. (2) There shall be freedom of opinion in the debates of the
Constituent Assembly and such opinion of the members shall
not be questioned in any court or place outside the Constituent
Assembly. (3) The procedure of debates in the Constituent Assembly
shall be prescribed in the Standing Orders. [s. 27]
29.–(1) After the enactment of the proposed Constitution,
consequential and transition provisions, the Constituent
Assembly shall stand dissolved and powers to enact provisions
for the proposed Constitution, consequential and transitional
provisions shall abate.

nt
Assembly shall stand dissolved and powers to enact provisions
for the proposed Constitution, consequential and transitional
provisions shall abate.

(2) Dissolution of, and abatement of powers of the
Constituent Assembly shall not be construed as derogating
powers of the President to reconstitute the Constituent
Assembly for enactment of provisions amending the proposed
Constitution. (3) Without prejudice to subsections (1) and (2), the
Constituent Assembly shall deliberate on the Draft Constitution
within a period not exceeding seventy days from the date on
which the Constituent Assembly convened. (4) The Chairman of the Constituent Assembly, after
consultation with the Vice-Chairman may, upon approval by
the President in agreement with the President of Zanzibar,
extend the period under subsection (3) for such period as may
be appropriate to accomplish the functions of the Constituent
Assembly. [s. 28]
Acts of
Constituent
Assembly
Act No. 7 of 2013 s. 9
Cap. 1
Abatement of
powers of
Constituent
Assembly
Act No. 7 of 2013 s. l0

tuent
Assembly. [s. 28]
Acts of
Constituent
Assembly
Act No. 7 of 2013 s. 9
Cap. 1
Abatement of
powers of
Constituent
Assembly
Act No. 7 of 2013 s. l0

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.605
THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023]
30.–(1) Upon the adoption of the proposed Constitution by
the Constituent Assembly, the Chairman of the Constituent
Assembly shall, within seven days, submit the proposed
Constitution to the President. (2) The President shall, within seven days after receiving the
proposed Constitution and upon consultation and agreement
with the President of Zanzibar, cause the proposed Constitution
to be published in the Gazette and other local newspapers. [s. 28A]
31. The referendum Act shall apply in respect of validation of
the provisions of the proposed Constitution. [s. 28B]
32.–(1) The expenses incurred by the Constituent Assembly in
accordance with this Act shall be charged on and issued out of
the Consolidated Fund of the United Republic. (2) Members of the Constituent Assembly, Clerk and Staff
shall be remunerated in such manner as the President may,
subject to the relevant laws and regulations, determine. [s.

tuent Assembly, Clerk and Staff
shall be remunerated in such manner as the President may,
subject to the relevant laws and regulations, determine. [s.

29]
33.–(1) The Clerk shall cause to be kept proper books of
accounts and shall, within and not later than three calendar
months after the end of each financial year, cause to be prepared
a statement for income and expense during the financial year. (2) The accounts relating to the operations of the Constituent
Assembly on the last day of 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. [s. 30]
34–39. [Repealed by Act No. 9 of 2013, s. 5(b).]
[s. 31-36]
Publication
and submission
of proposed
Constitution
Act No. 11 of 2013 s. 55
Validation
of proposed
Constitution
Act No. 11 of 2013 s. 55
Expenses of
Constituent
Assembly
Accounts and
audit
Cap. 418
Cap. 410
Cap. 348
Repealed

5
Validation
of proposed
Constitution
Act No. 11 of 2013 s. 55
Expenses of
Constituent
Assembly
Accounts and
audit
Cap. 418
Cap. 410
Cap. 348
Repealed

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023]
606
PART VI
GENERAL PROVISIONS4
40.–(1) Upon submission of the Draft Constitution to the
Constituent Assembly under section 20(3), the President shall,
by order published in the Gazette dissolve the Commission. (2) Dissolution of the Commission by the order of the
President shall entail abatement of powers of the Commission
and the Secretariat. [s. 37]
41.–(1) The provisions of the New Constitution shall come
into force on the date provided for in the New Constitution. (2) The President shall promulgate, in such a manner and
style as the President may determine, the operationalisation of
the New Constitution. (3) Consequent upon promulgation of the New Constitution,
this Act shall be spent and shall have no legal effect. (4) In the application of this Act, both the English version
and the Kiswahili version are authentic. [s.

all be spent and shall have no legal effect. (4) In the application of this Act, both the English version
and the Kiswahili version are authentic. [s.

38]
FIRST SCHEDULE
(Made under section 11)
PART I
OATH OR AFFIRMATION OF A MEMBER OF THE COMMISSION
I……………………………… having been appointed by the President
as .............................. on the .......... day of ……………. 20 …………. to
perform the functions of a member of Commission do hereby swear
or affirm that I will be faithful and impartial to the United Republic
of Tanzania and to the best of my knowledge and ability, discharge the
duties and perform the functions devolving upon me by virtue of being
a member of the Commission. 4 Amended by Act No. 9 of 2013 s. 5. Dissolution of
Commission
Act No. 7 of 2013 s. 11
Promulgation of
Constitution

being
a member of the Commission. 4 Amended by Act No. 9 of 2013 s. 5. Dissolution of
Commission
Act No. 7 of 2013 s. 11
Promulgation of
Constitution

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.607
THE CONSTITUTIONAL REVIEW ACT [CAP. 83 R.E. 2023]
So help me God
……………………………….. Member of Commission
PART II
OATH OR AFFIRMATION OF A SECRETARY
OR DEPUTY SECRETARY
I………………………… having been appointed by the President
as ………………………… on the ……………….. day of ……………….. 20 ………………to perform the functions of a Secretary or Deputy
Secretary do hereby swear or affirm that I will be faithful and impartial
to the United Republic of Tanzania and to the best of my knowledge
and ability, discharge the duties and perform the functions devolving
upon me by virtue of being a Secretary or Deputy Secretary. So help me God
……………………………….. Secretary or Deputy Secretary
SECOND SCHEDULE
(Made under section 12(2))
CODE OF CONDUCT OF MEMBERS OF THE
COMMISSION AND THE SECRETARIAT
1. Every member of the Commission or Secretariat shall serve
impartially and independently and perform the functions of his office
in good faith and without fear, favour or prejudice. 2.

Secretariat shall serve
impartially and independently and perform the functions of his office
in good faith and without fear, favour or prejudice. 2.

A member of the Commission or Secretariat shall not, during
tenure of office, be eligible for appointment or nomination to any
political office. 3. A member of the Commission shall not-
(a) by his membership, association, statement, conduct or in
any other manner jeopardise the perceived independence
of the member or prejudice the credibility, impartiality,
independence or integrity of the Commission; or
(b) make private use of or profit from any confidential
information gained as a result of being a member of the
Commission/Secretariat.

Commission; or
(b) make private use of or profit from any confidential
information gained as a result of being a member of the
Commission/Secretariat.

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608
THIRD SCHEDULE
(Made under section 25(7))
OATH OR AFFIRMATION OF CLERK OR DEPUTY CLERK
I,……………………………………………………..………. having been
appointed on the ……………. day of .......................... 20……….. by
virtue of operation of law as, and to perform the duties of the Clerk or
Deputy Clerk do hereby swear or affirm that I will faithfully, impartially
and, to the best of my knowledge and ability, discharge the duties and
perform the functions devolving upon me by virtue of being a Clerk or
Deputy Clerk of the Constituent Assembly. So help me God
………………………………..

ties and
perform the functions devolving upon me by virtue of being a Clerk or
Deputy Clerk of the Constituent Assembly. So help me God
………………………………..

Clerk or Deputy Clerk of the Constituent Assembly
FOURTH SCHEDULE
(Made under section 24(6) and (7))
OATH OR AFFIRMATION OF CHAIRMAN
OR VICE CHAIRMAN AND MEMBERS OF
THE CONSTITUENT ASSEMBLY
I………………………………………….…………..having been elected
as Chairman, Vice-Chairman or member of the Constituent Assembly,
do hereby take oath or affirm that I will be faithful and impartial to the
United Republic and, to the best of my knowledge and ability, discharge
the duties and perform the functions devolving upon me by virtue of
being a Chairman or Vice-Chairman or member of the Constituent
Assembly. So help me God
……………………………….. Chairman or Vice-Chairman or member of the Constituent Assembly