independence: (i) the 1963 Independence Constitution; (ii) the 1979 post-Revolution First Constitution; and (iii) Second Constitution (1984) which underwent a major amendment in 2002. 162. The URT has had three constitutions since its establishment. These are: (i) the 1964 Interim Constitution of the United Republic of Tanzania; (i) the 1965 One-Party Constitution; and, (iii) the 1977 Constitution of the United Republic of Tanzania. The 1977 Constitution has undergone 4 major amendments and a total of 13 amendments. Tables 3.4 to 3.8 in Annex I classify and summarise the distinguishing features of each of the constitutions and major amendments, where applicable. 163. The 1964 Interim Constitution of the United Republic of Tanzania, (“Interim” because it was adopted ad interim), established a two-Government structure, with sovereignty divided between a Union Government (made up of Mainland Tanzania and Tanzania Zanzibar) and Tanzania Zanzibar. The Constitution was ratified under the Articles of Union, entrenched as Acts of Union, outlining steps towards the elaboration of a “definitive” constitution, by a Constituent Assembly, to be chosen from members of TANU and ASP. 164. The 1965 One-Party Constitution established the one-party state system in Tanzania, with TANU as the sole and governing political party for the Union, and the ASP for Tanzania Zanzibar. Amendments to the 1965 Constitution, between 1965 and 1977, reduced the limited autonomy granted to Zanzibar under the 1964 Constitution, strengthened the one-party state, and subordinated all Government institutions and Parliament to the executive of the Chama Cha Mapinduzi (CCM). 165. The 1977 Constitution of the URT replaced the 1964 Interim Constitution, although it retained the main provisions of the 1964 Interim Constitution. These provisions were a strong presidential system, the one-party state, and the two-Government union structure. Several amendments have been made to the 1977 URT Constitution, notably (i) the 5th amendment in 1984, introducing the Bill of Rights; (ii) the 8th amendment in 1992, establishing the multi-party system; (iii) the 11th amendment in 1995, which provided for the election of the URT’s Vice-President through the enaction of the presidential running mate system, and for the President of Zanzibar to be a member of the URT cabinet; and (iv) the 13th amendment, stipulating the election of the URT President by simple majority, the reservation of up to 30 per cent of National Assembly seats for women, the independence of the judiciary - including reserving exclusive powers to the judiciary - and the establishment of the Commission for Human Rights and Good Governance. These amendments are summarised in Table 3.8 in Annex I. 166. The 1977 URT Constitution [Article 1 and Article 2(1)] provides that “Tanzania is one State and is a sovereign United Republic,” consisting of Mainland Tanzania and Tanzania Zanzibar. To this end the Constitution [Article 4(3)] also provides for an entrenched division and distribution of legislative competencies between the Government of the United Republic and the Revolutionary Government of Zanzibar, as enumerated under the First Schedule to the Constitution containing a list of Union Matters. 167. Article 34(1) of the Constitution vests “authority over all Union Matters in the United Republic and over all other matters [relating to non-Union matters] concerning Mainland Tanzania.” On the other hand, Article 102(1) provides that “the Revolutionary Government of Zanzibar…shall have authority in Zanzibar over all matters which are not Union Matters.” What needs to be emphasized regarding this division of legislative competencies is that for non-Union Matters, the Government of the URT is vested with the power to legislate for Mainland Tanzania, which has no autonomous or self-government of its own under the URT’s constitutional structure. As will be shown later, this structure remains a bone of contention in the debate over the future of the URT 168. Under Article 98(1)(a) and the Second Schedule to the 1977 URT Constitution, any amendment to the Act of Union between Tanganyika and Zanzibar of 1964 “requires to be supported by at least two-thirds of all Members of Parliament.” However, any amendment to (i) the existence of the United Republic; and, (ii) the list of Union Matters “requires to be supported by two-thirds of all Members of Parliament from Mainland Tanzania and twothirds of all Members of Parliament from Tanzania Zanzibar.” 169. The Union Matters listed under the First Schedule of the 1977 URT Constitution are itemised in Table 3.4. 53

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