The Disqualification (National Assembly and Miscellaneous Offices) Act

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CHAPTER 316
THE DISQUALIFICATION
(NATIONAL ASSEMBLY AND
MISCELLANEOUS OFFICES) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
Disqualification for Election as a Member of the National Assembly
3. Disqualification: National Assembly.
4. Relief from disqualification.
5. No obligation to accept office.
6. Disqualification and vacating of certain offices.
7. Repeal.
SCHEDULE

Assembly.
4. Relief from disqualification.
5. No obligation to accept office.
6. Disqualification and vacating of certain offices.
7. Repeal.
SCHEDULE

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1. This Act may be cited as the Disqualification (National
Assembly and Miscellaneous Offices) Act. 2.–(1) In this Act, unless the context otherwise requires-
“Constitution” means the Constitution of the United
Republic of Tanzania, 1977;
“member of the Police Force and Auxiliary Service” does
not include a special Police Officer, an auxiliary Police
Officer or a reservist, whether or not he is recalled for
service, within the meaning respectively ascribed to those
expressions in the Police Force and Auxiliary Service Act;
“member of the Tanzania People’s Defence Forces” does not
include an officer who is on any honorary or retired list or
is a member of any reserve of officers of those forces, or a
reservist within the meaning ascribed to that expression
in the National Defence Act, whether or not such officer
or reservist is recalled for service;
Short title
Interpretation
Act No. 18 of 1962 s. 7
Cap. 2
Cap. 322
Cap.

Defence Act, whether or not such officer
or reservist is recalled for service;
Short title
Interpretation
Act No. 18 of 1962 s. 7
Cap. 2
Cap. 322
Cap.

192
CHAPTER 316
THE DISQUALIFICATION
(NATIONAL ASSEMBLY AND
MISCELLANEOUS OFFICES) ACT
An Act to make provision for disqualifying the holders of certain offices
for membership of the National Assembly, for providing relief against
such disqualification, and for disqualifying the holders of certain offices
for election or appointment as Speaker or Deputy Speaker or presiding
member of the National Assembly, or as a member of the Electoral
Commission or the Judicial Service Commission. [9th December, 1962]
C.A. Acts Nos. 7 of 1962
18 of 1962
55 of 1963
[R.L. Cap. 505]
63 of 1964
45 of 1965

mmission or the Judicial Service Commission. [9th December, 1962]
C.A. Acts Nos. 7 of 1962
18 of 1962
55 of 1963
[R.L. Cap. 505]
63 of 1964
45 of 1965

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THE DISQUALIFICATION (NATIONAL ASSEMBLY AND MISCELLANEOUS OFFICES) ACT [CAP. 316 R.E. 2023]
“office in the Public Service” means any paid public office in
the service of the United Republic, but shall not include
the office of-
(a) President, Minister, Deputy Minister, Regional
Commissioner or District Commissioner;
(b) Speaker, Deputy Speaker or member of the National
Assembly;
(c) a member of any commission, council, board, panel,
committee or other similar body, whether incorporated
or not, established by or under any law; or
(d) a member of the Police Force and Auxiliary Services. (2) For the purposes of this Act, a person shall not be
considered as holding any office or as being a member of any
force by reason only of the fact that he is in receipt of a pension
or other like allowance in respect of his service in any such
office or his membership of any such force. (3) Reference in the Act to a person holding an office shall
be read and construed as including references to a person
acting in any such office.

rce. (3) Reference in the Act to a person holding an office shall
be read and construed as including references to a person
acting in any such office.

Disqualification for Election as a Member
of the National Assembly
3. Subject to the provisions of this Act, a person is disqualified for
election as a member of the National Assembly who-
(a) holds any of the judicial offices specified in the Schedule
to this Act;
(b) holds or acts in a senior office in the Public Service or
in the office of District Commissioner;
(c) is a member of the Police Force; or
(d) is a member of the Tanzania People’s Defence Forces. 4.–(1) Where a person has been elected to the National Assembly
notwithstanding that he holds an office or is a member of a
Force prescribed by this Act as disqualifying him for election,
or is required to vacate his seat therein on account of any such
disqualification, if it appears to the National Assembly that
Disqualification:
National
Assembly
Acts Nos. 63 of 1964 s. 2
45 of 1965 Sch. Relief from
disqualification

if it appears to the National Assembly that
Disqualification:
National
Assembly
Acts Nos. 63 of 1964 s. 2
45 of 1965 Sch. Relief from
disqualification

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THE DISQUALIFICATION (NATIONAL ASSEMBLY AND MISCELLANEOUS OFFICES) ACT [CAP. 316 R.E. 2023]
the grounds of disqualification under this Act which subsisted
or arose at the material time have been removed, and that it
is otherwise proper to do so, the National Assembly may by
resolution direct that such person shall be deemed not to have
held such office or to have been a member of such Force at
the material time and where the National Assembly passes any
such resolution, the disqualification shall be disregarded:
Provided that, no such resolution shall affect the proceedings
on any election petition then pending or determined or any
determination of the High Court thereon.

t, no such resolution shall affect the proceedings
on any election petition then pending or determined or any
determination of the High Court thereon.

(2) In any case where, apart from this provision, the
National Electoral Commission would be required, at a time
when the National Assembly is not sitting, to appoint a day for
an election of a member to the National Assembly in the place
of a member becoming disqualified by reason of his holding
an office or being a member of a Force prescribed by this Act
as disqualifying him for election, the Commission may, if it
appears to them that an opportunity should be given to the
National Assembly to consider the passing of a resolution
under this section, defer the appointment of such day until the
fifth day after the Assembly next sits. 5. A person, being a member of the National Assembly, or
nominated as a candidate for election to that Assembly, shall
not be required to accept any office or any appointment as
a member of a Force prescribed in this Act as disqualifying
the holder or such member for election as a member of the
National Assembly.

ppointment as
a member of a Force prescribed in this Act as disqualifying
the holder or such member for election as a member of the
National Assembly.

6.–(1) A person shall be disqualified for-
(a) election as the Speaker, Deputy Speaker or a presiding
member of the National Assembly, if he holds or acts in
any office in the Public Service or the office of Regional
Commissioner, or District Commissioner, and those
offices are hereby prescribed for the purposes of
Articles 84, 85 and 93 of the Constitution;
No obligation to
accept office
Disqualification
and vacating of
certain offices
Act No. 45 of 1965 Sch. Cap. 2

cles 84, 85 and 93 of the Constitution;
No obligation to
accept office
Disqualification
and vacating of
certain offices
Act No. 45 of 1965 Sch. Cap. 2

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THE DISQUALIFICATION (NATIONAL ASSEMBLY AND MISCELLANEOUS OFFICES) ACT [CAP. 316 R.E. 2023]
(b) appointment as a member of the Judicial Service
Commission or the Electoral Commission, if he holds
or acts in the office of Regional Commissioner or
District Commissioner, and those offices are hereby
prescribed for the purposes of Articles 74 and 112 of
the Constitution. (2) A person appointed a member of the Permanent
Commission of Enquiry shall vacate any office in the Public
Service and any office or Regional Commissioner or District
Commissioner, and those offices are hereby prescribed for the
purposes of Article 130 of the Constitution. 7. [Repeals R.L. 401.]
SCHEDULE
(Made under section 3(a))
JUDICIAL OFFICES
(a) The Chief Justice, the Deputy Chief Justice or a Justice of
Appeal, or Registrar or Deputy Registrar of the Court of
Appeal. (b) The Principal Judge, Judge, Acting Judge, Registrar or Deputy
Registrar of the High Court. (c) Resident Magistrate or any other Magistrate who may be
removed from office by the Judicial Service Commission. Cap.

y
Registrar of the High Court. (c) Resident Magistrate or any other Magistrate who may be
removed from office by the Judicial Service Commission. Cap.

2
Cap. 2
Repeal
Act No. 45 of 1965 Sch.

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