Tanzania: Electoral system

Updated September 2010

Legal basis[1]	Constitution of the United Republic of Tanzania 1977. Elections Act No 1 1985. Local Government (Urban Authorities Act) 1982. Local Government (District Authorities) Act 1982.
Electoral system	Parliamentary Elections: Single member plurality, first-past-the-post system of multiparty elections[2]. Presidential Elections: popular vote, plurality[3].
Election period	Presidential and parliamentary elections every 5 years[4].
Electoral institutions	National Electoral Commission (NEC)[5]. Director of Elections[6].
Functions of electoral institutions	NEC: Responsible for constituency delimitation, voter registration, conduct of elections and publication of results[7]. Director of Elections: Executive arm of the NEC[8].
Independence of electoral institutions	Members of the NEC are appointed by the President and may be removed for failing to discharge duties or misconduct. The NEC is not obliged to accept instructions from any external body[9].
Delimitation of constituencies	The demarcation of constituencies is the function of the Independent Electoral Commission (CEI). The National Electoral Commission reviews delimitation every 10 years for the 232 constituencies; a further 75 are allocated by proportional representation for the representation of women.
Voter registration and voters' rolls	Continuous registration. Conducted by officials of the NEC, supervised by Director of Elections.
Voter education	The NEC is tasked by law, since 2004, with voter training and education[11]. Such voter education that took place prior to 2004 was undertaken by NGOs[12].
Nomination of candidates	Parliamentary: A candidate must be proposed by a political party, pay a deposit and have the nomination endorsed by 25 voters in the constituency[13]. Presidential Elections: A candidate must be proposed by a political party, pay a deposit and have the nomination endorsed by 200 voters[14]
Funding of political parties	Public funding of political parties abolished in 2000, private donations must be disclosed to the Registrar of Political Parties. Funds received from abroad must be disclosed. A Minister is empowered to set limits on election expenditure[15].
Election campaign	Political activity of parties subject to code of ethics that is voluntarily adopted[16]. The Campaign meetings are prohibited on election day[17].
Communication	The NEC issues directives with the force of law to state media to provide equal opportunities for parties. Further, the NEC issued a voluntary Media Code of Conduct[18].
Counting	After the close of the poll counting takes place, as soon as is practical, at the polling stations by presiding officer in presence of electoral officials, party agents, candidates and observers[19].
Announcement of results	Returning officer summates the results submitted by the presiding officer and publishes/announces the final results in a publicly. The retuning officer then submits the results to the NEC who publishes it in the government Gazette. The declaration of presidential results is final and cannot be challenged. No time frame for announcement of results is specified[20].
Conflict resolution	The constitution prohibits enquiry by the courts into a presidential election result declared by the NEC. Electoral petitions for parliamentary elections must be made within 14 days of the announcement of results and are heard by the High Court. Resident Magistrates hear cases for local elections if submitted within 30 days of the announcement of results[21].
Election observation	Observers are accredited by the NEC, and are subject to a code of conduct issued by it[22].

Table notes

[1] National Electoral Commission 2000, 5-6.
[2] Constitution 1977, Articles 66, 76-83. For details see National Assembly seat allocation.
[3] Constitution 1977, Article 41. This article was amended in 2000 to abolish the requirement for an absolute majority (National Electoral Commission 2000, 5).
[4] Constitution 1977, Articles 42(2), 65(1).
[5] Constitution 1977, Article 74.
[6] Constitution 1977, Article 74(7).
[7] Constitution 1977, Article 74(6).
[8] Constitution 1977, Article 74(7).
[9] Constitution 1977, Article 74(1), (5), (11).
[10] National Electoral Commission 2000, 21; Kiravu 2005, 5-6. In 2004 an amendment to the Elections Act (Section 11A.) permitted the establishment of a "Provisional Voters' Register".
[11] National Electoral Commission 2000, 4(c).
[12] According to a report by Rasmus Lindboe 720 million Tshs intended for voter education in 2000 was not spent "because of a lack of proper proposals by the NGO-sector". According to EISA director Ilona Tipp funds from donors have been basketed and a tender was awarded for voter education for the 2005 election.
[13] Constitution 1977, Article 67(b); Elections Act No 1 1985, 38(1), 38A(1).
[14] Elections Act No 1 1985, 30-31, 33.
[15] Ahluwalia & Zegeye 2001; Election Expenses Act 2010, 10, 26(a), 11(1)); Political Parties Act (1992, 13(2)). A foreign donor basket provides funds for political parties.
[16] National Electoral Commission 2000, 42, 107-114.
[17] National Electoral Commission 2000, 41.
[18] National Electoral Commission 2000, 41-42; for the Media Code of Conduct see 125-128.
[19] Elections Act No 1 1985, 71, 72
[20] Elections Act No 1 1985, 35, 81.
[21] Elections Act No 1 1985, 35, 81, 110; Constitution 1977, Article 41(7).
[22] Elections Act No 1 1985, 63(2)(f); for the code of conduct see National Electoral Commission (2000), 131-137.

References

AHLUWALIA, P & ZEGEYE, A 2001 "Multiparty Democracy in Tanzania: Crises in the Union" IN African Security Review 10(3), [www] http://www.iss.co.za/Pubs/ASR/10No3/AhluwaliaAndZegeye.html [opens new window] (accessed 9 Mar 2010).

CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA 1977 (CAP 2), [www] http://www.policeforce.go.tz/pdf/REPUBLIC.pdf, [PDF document, opens new window] (accessed 9 Mar 2010).

ELECTIONS ACT 1 1985, as amended in 1990 and 1992.

ELECTION EXPENSES ACT, 2010, [www] http://www.parliament.go.tz/Polis/PAMS/Docs/6-2010.pdf [PDF document, opens new window] (accessed 24 May 2010).

KIRAVU, RR 2005, 3 "Improving elections in Tanzania", IN Improving the quality of election management, a conference of Commonwealth Chief Election Officers, [www] http://www.thecommonwealth.org/shared_asp_files/uploadedfiles/DB8390B7-7B94-4A89- 8FEB-D514F40AEA25_PaperbyMrKiravu.pdf [PDF document, opens new window] (accessed 9 Mar 2010).

LINDBOE, R 2000 "Voters let down", [www] http://tanzania.ms.dk/newsletter/visartikel.asp?id=86 (offline 9 Mar 2010).

NATIONAL ELECTORAL COMMISSION 2000 A Handbook of Tanzanian Electoral Laws and Regulations 2000.

POLITICAL PARTIES ACT NO 5 OF 1992.