The Ministers (Discharge of Ministerial Functions) Act

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.333
CHAPTER 299
THE MINISTERS
(DISCHARGE OF MINISTERIAL FUNCTIONS) ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Interpretation.
3. Statutory references to Ministers.
4. Deputy Minister may execute or President may provide for execution
of functions of Minister.
5. President may specify departments, business and other matters.
6. Repeal.
7. Omitted.

President may provide for execution
of functions of Minister.
5. President may specify departments, business and other matters.
6. Repeal.
7. Omitted.

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.334
1. This Act may be cited as the Ministers (Discharge of
Ministerial Functions) Act. 2. In this Act, unless the context otherwise requires-
“enactment” means any written law other than the
Constitution of United Republic of Tanzania. 3.

. In this Act, unless the context otherwise requires-
“enactment” means any written law other than the
Constitution of United Republic of Tanzania. 3.

Where in any enactment or document reference is made
(whether expressly or by implication or by operation of the
provisions of any law providing for the transfer or delegation
of statutory functions) to a particular Minister described as
such, whether by definition, style, title, office, functions or
otherwise (other than the Vice-President) such reference
shall, unless the context otherwise requires and subject to any
express reference to the contrary contained in any enactment
passed or document executed after the commencement of this
Act, be construed and have effect as if it were a reference to
the Vice-President or the Deputy Minister for the time being
performing the duties of that Minister or other Minister for
the time being responsible under the direction of the President
for the matter in question, or if the President has not for the
time being assigned responsibility for the matter in question to
any Minister, as if it were a reference to the President; and the
enactment or document in which the reference occurs shall be
read and construed accordingly. Short title
Interpretation
Cap.

to the President; and the
enactment or document in which the reference occurs shall be
read and construed accordingly. Short title
Interpretation
Cap.

2
Statutory
references to
Ministers
CHAPTER 299
THE MINISTERS
(DISCHARGE OF MINISTERIAL FUNCTIONS) ACT
An Act to provide for the discharge of ministerial functions. [1st May, 1980]
[s. 1]
Act No. 10 of 1980

STERS
(DISCHARGE OF MINISTERIAL FUNCTIONS) ACT
An Act to provide for the discharge of ministerial functions. [1st May, 1980]
[s. 1]
Act No. 10 of 1980

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.335
THE MINISTERS (DISCHARGE OF MINISTERIAL FUNCTIONS) ACT [CAP. 299 R.E. 2023]
4.–(1) Where the office of any Minister is vacant or any
Minister is, owing to absence or inability to act by reason of
illness or other cause, unable to perform the functions of his
office those functions shall, during that absence or inability, be
performed by the Deputy Minister for the time being in office
of that Minister. (2) Notwithstanding the provisions of subsection (1) or
where there is no Deputy Minister in the office of the Minister,
the President may, by order under his hand, direct that the
powers, duties or other functions conferred or imposed upon
any Minister by an enactment shall be vested in himself or in
a Minister or Deputy Minister designated in the order, during
the vacancy, absence or inability, and during that period, the
President or the Minister or Deputy Minister so designated,
as the case may be, may exercise these powers and shall
perform those duties and functions, subject to any conditions,
qualifications or exceptions specified in the order.

ay exercise these powers and shall
perform those duties and functions, subject to any conditions,
qualifications or exceptions specified in the order.

5.–(1) The President may, by notice published in the Gazette,
specify the departments, business and other matters the
responsibility for which he has retained for himself or he
has assigned under his direction to any Minister and may
in that notice specify the effective date of the assumption of
that responsibility, and where the President has issued such a
notice, it shall, subject to any subsequent notice issued under
this subsection or to any certificate issued under subsection (2)
of this section, be conclusive evidence of the matters specified
in it. (2) Where any question whether the responsibility for
any department, business or matter has been assigned any
particular Minister or has been retained by the President,
or whether the President or a particular Minister or Deputy
Minister is empowered under section 4 to have, exercise or
perform the powers, duties or functions of some other Minister,
is, or is likely, to be inquired into by a court, that question shall
be referred to the Attorney General for his decision, and if
Deputy Minister
may execute
or President
may provide
for execution
of functions of
Minister
President
may specify
departments,
business and
other matters

uty Minister
may execute
or President
may provide
for execution
of functions of
Minister
President
may specify
departments,
business and
other matters

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.336
THE MINISTERS (DISCHARGE OF MINISTERIAL FUNCTIONS) ACT [CAP. 299 R.E. 2023]
he shall certify by writing under his hand that he is satisfied
that the President has himself retained, or that the particular
Minister has been assigned, responsibility for the department,
business or matter, or the President or the particular Minister
or Deputy Minister is empowered under section 4 to exercise,
perform the powers, duties and functions of that Minister
at the relevant time; the court shall not enquire further into
that question and the President or that particular Minister or
Deputy Minister shall be deemed to be and always to have been
at the relevant time, responsible for that department, business
or matter or, as the case may be, to have been empowered to
exercise or perform those powers, duties and functions.
6. [Repeals the Ministers (Miscellaneous Provisions) Act. with
savings.]
7. [Omitted.]
Repeal
C.A
Act No.
5 of 1962
Omitted