Table 3.4: Union Matters under the First Schedule, 1997 Constitution of the United Republic of Tanzania LEGISLATIVE ITEMS UNDER LIST OF UNION MATTERS ENUMERATED IN FIRST SCHEDULE 1. The Constitution of Tanzania and the Government of the United Republic. 2. Foreign Affairs. 3. Defence and Security. 4. Police. 5. Emergency Powers. 6. Citizenship. 7. Immigration. 8. External Borrowing and Trade. 9. Service in the Government of the United Republic. 10. Income tax payable by individuals and by corporations, customs duty and excise duty on goods manufactured in Tanzania collected by the Customs Department. 11. Harbours, matters relating to air transport, posts and telecommunications.   12. All matters concerning coinage and currency for the purposes of legal tender, (including notes), banks (including savings banks) and all banking businesses; foreign exchange and exchange control. 13. Industrial licensing and statistics. 14. Higher education. 15. Mineral oil resources, including crude oil, other categories of oil products and natural gas. 16. The National Examinations Council of Tanzania and all matters connected with the functions of that Council. 17. Civil aviation. 18. Research. 19. Meteorology. 20. Statistics. 21. The Court of Appeal of the United Republic. 22. Registration of political parties and other matters related to political parties. 170. The significant features of the constitutional structure of the 1977 are, therefore, (i) the division of sovereignty between two levels of government: the Government of the Republic and unit level Governments; Mainland Tanzania and Zanzibar; (ii) the distribution of legislative competencies between them under entrenched provisions that make it difficult, if not impossible, for either the Government of the Republic or the unit level Government to amend or review them unilaterally; and, (iii) the establishment of the Special Constitutional Court of the United Republic, “whose sole function is to hear and give a conciliatory decision over a matter referred to it concerning the interpretation of [the] Constitution, where such interpretation or its application is in dispute” between the two Governments. Regarding the entrenchment of the Union Matters, it has been pointed out that, between 1964 and 1977, the Government of the Republic unilaterally increased the enumerated list of Union Matters. [Shivji, 2009:83]. 171. In addition to the structure of government outlined above, the 1977 Constitution provides for a semi-presidential system of Government. This form of government fuses elements of the presidential and parliamentary forms of government. In a departure from the typical executive presidential form of government - where cabinet members are precluded from being members of parliament - under Article 51(2) the Constitution requires that the Prime Minister and Ministers shall be members of parliament; while under Article 66(2), “the President and the VicePresident shall each not be a Member of Parliament.” In another such departure, cabinet members are not, therefore, prime ministerial appointments. 172. Under Section 61(2), the 1977 Constitution provides for a category of presidential executive branch appointments, drawn mostly from outside of the legislature. These are Regional Commissioners, appointed after consultation with the Prime Minister, “to supervise the discharge of all the duties and responsibilities of the Government of the United Republic,” in the regions assigned to them. In the case of Tanzania Zanzibar, the President of Zanzibar appoints Regional Commissioners, after consultation with the President of URT. 173. Although the Prime Minister is the Leader of Government Business in the National Assembly [Article 52(2), he is “accountable to the President for the exercise of his authority,” [Article 53(1). He can be removed from office by the President appointing another Member of Parliament as Prime Minister, or by impeachment, under conditions specified in Article 53A(3-6) of the 1977 Constitution. Ministers and Deputy Ministers “…. hold office at the pleasure of the President.” [Article 58] However, unlike the general practice under the presidential form of government and in a number of semi-presidential forms of government, the appointment of ministers in the URT is not subject to confirmation by the legislature. 54