cases, his power of appointment is subject to consultation, as in the appointment of Ministers [Article 55(1)] and
Justices of Appeal [Article 118(3)]. The President’s power to assent to bills passed by the legislature is subject, if
he refuses to assent to them, to the power of the legislature to override it, under conditions stipulated in Article
97 of the Constitution.
348.
The President and the Vice President are subject to impeachment and the Prime Minister to a vote of no
confidence, under conditions provided for in Article 46A and Article50 (2)(g) respectively, and Article 53A in the
Constitution. If a vote for impeachment or a vote of no confidence is passed, they must step down or resign
from office.
lll. Recommendations
349.
The APR Panel recommends that the United Republic of Tanzania:
•
Provide the judiciary with ample resources, especially at the lower levels, to strengthen administrative and
financial independence; [Ministry of Justice, Parliament]
•
Consider the establishment of Kahi Courts as another level in the national judicial system to cater for
matters of personal law, notably divorce, inheritance and marriage, among the country’s Muslim population;
[Ministry of Justice; Parliament, Judiciary]
•
Subject presidential appointments of cabinet members, Attorney-General, the Chief Justice, Judges of the
Court of Appeal, Ambassadors and High Commissioners, Chairman and Members of the National Electoral
Commission, the Chief Executive of the Bank of Tanzania and the Revenue Authority, among others, to
confirmation by the legislature; [Parliament] and,
•
Consider amending the Constitution to provide for a Parliamentary Service Commission [Government,
Parliament].
Objective Five: Ensure Accountable, Efficient and Effective Public Office-Holders
and Civil Servants
Summary of the CSAR
350.
The CSAR outlines the comprehensive set of reforms adopted by Tanzania since the early 1990s with the objective
of reversing the centralisation of government and expanding on programme commitments accumulated by
government during the era of a socialist economy. Underpinning these reforms were a series of legislative and
policy measures adopted over time to ensure accountability, efficiency and effectiveness in the country’s public
service.
351.
These reforms include:
352.
•
Establishment of autonomous executive agencies outside the regular civil service, with their own salary
structure, such as the Business Name and Licensing Agent and the Registration, Insolvency and Trusteeship
Agency;
•
Enactment of the Public Service Management and Employment Policy and the Public Service Act No.
8 of 2002 (amended in 2007), both of which are aimed at restoring the merit principle into the public
service, with emphasis on open competition and diversity that avoid ethnic, gender, religious and regional
discrimination in recruitment; and,
•
The enactment of the Medium Term Pay Policy, the 2001 Public Finance Act, the Public Procurement Act
No. 21 of 2004, the Local Government Finance Act No. 9 of 1982 (as amended by the Miscellaneous Act
No.6 of 1999, and various circulars) outlining regulations and procedures on budget and financial matters.
The CSAR reports that a later phase of reforms adopted a variety of measures to improve on public service
accountability through performance-based management, and citizens’ empowerment vis-à-vis bureaucrats.
83
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