being pronounced so by a committee of inquiry made up of judges from other Commonwealth countries. Their
independence is further guaranteed by the constitutional provision that their salaries shall be charged directly
from the Consolidated Revenue Fund. The CSAR [p.91] points out that “there are no provisions in the Constitution
or any other statute securing the tenure of the Chief Justice or Principal Judge,” although their removal “does
not mean their removal from office as judges of the Court of Appeal or High Court.”
318.
The Judicial Service Commission has the power under the Constitution to appoint primary court magistrates,
district magistrates, resident magistrates, the Registrars and Deputy Registrars of the High Court and Court of
Appeal. But primary court magistrates are appointed and disciplined by the Judicial Service Commission operating
under the consent of the Minister, and which acts through Regional Judicial Boards on the recommendation of
District Judicial Boards.
Extent of the independence of the legislature
319.
The CSAR points out that Article 100(1) of the 1977 URT Constitution and the 1985 Parliamentary Immunities,
Powers and Privileges Act clearly provide for the independence of the country’s legislature. They stipulate that
there shall be freedom of opinion in the legislature and that the freedom shall neither be breached nor questioned
by any court, organ or elsewhere outside the legislature.
320.
Nevertheless, the CSAR draws attention to the following constitutional limitations on the competence of the
legislature in Tanzania: (i) the legislature cannot enact laws for Zanzibar on non-union matters; (ii) laws made
by the legislature, which are inconsistent with the provisions of the URT Constitution are void; and, (iii) the
legislature is precluded from passing laws which upset the distribution and separation of powers between
different branches of the state.
Extent of the independence of the executive
321.
According to the CSAR, the Constitution provides that there shall be a Government of the United Republic, with
authority over all Union Matters in the United Republic and over all other matters concerning Mainland Tanzania.
The Constitution also provides that all the authority of the Government over all Union Matters in the United
Republic and over all other matters concerning mainland Tanzania shall be vested in the President, who is the
head of the executive branch.
322.
The Constitution provides that during the tenure of the President, no criminal proceedings shall be instituted
against him/her, and that no civil proceedings shall be instituted against him/her unless 30-days notice has been
delivered to him/her. The Constitution further provides that, except where the President ceases to hold office
through impeachment, the institution of court proceedings against a person who was holding office for anything
he/she did in his/her capacity as President, while he/she held office is prohibited.
Specific checks and balances among the branches of Government
323.
The CSAR points to the provisions in the 1977 URT Constitution on checks and balances, moderating and
qualifying the separation of powers between them. The legislature has powers of impeachment over the
President and Vice President, while it can pass a vote of no confidence in the Prime Minister. The President,
on the other hand, checks the legislature’s power to pass laws by the constitutional provision requiring his/
her assent to bills passed by the legislature before they can enter into law. He/she also checks the legislature
through his/her power to dissolve the legislature, under certain specified conditions.
324.
The CSAR cites instances of specific incidents of conflict over the extent of and the intersection of the powers
of each branch with those of the other branches, and the conflict resolution mechanisms that apply to them.
79
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