Zanzibar: Constitution

Updated July 2007

Zanzibari law overall is governed by the Constitution of the United Republic of Tanzania, 1977, the main provisions of which are discussed in Tanzania: Constitution.

UNION MATTERS	A list of 22 items that are exclusive Union matters is the basis of the division of powers between the Union and Zanzibar. In general these are matters that are usually reserved to the central government of a federation such as defence, currency, foreign affairs etc[1].
CONSTITUTION	Constitution adopted in 1984. Amended 1990, 1992, 2002[2].
FORM OF STATE	Autonomous unit within the United Republic of Tanzania
HEAD OF STATE	The President is head of government and chair of the Revolutionary Council. The tenure of office is five years. The President is eligible for re-election only once[3].
EXECUTIVE	The President is the head of the executive. The Chief Minister, appointed by the president from among the members of the House of Representatives, is responsible for the day-to-day functioning of the government. The Chief Minister is forced to resign if 2/3 majority of the House of Representatives pass a motion of no confidence. Ministers are appointed by the President. They together with the President, the Chief Minister, the Attorney General and others appointed by the President form the Revolutionary Council[4].
LEGISLATURE	The legislature comprises the President and the House of Representatives. The House of Representatives consists of between 40-55 (usually 50) members from single member constituencies elected by plurality and 10 members nominated by the President (two in consultation with the opposition), while the five regional commissioners and the Attorney General are ex officio members. Further members are appointed by parties on a pro rata basis to ensure that 30% of the total member are women[5].
JUDICIARY	The judicial system is comprised of a High Court and subordinate courts and tribunals. Appeal is made to the Appeal Court of the United Republic except for constitutional and religious court issues which are settled by the High Court. High Court judges are appointed by the President in consultation with the Judicial Services Commission[6].
AMENDMENT	The Constitution can be amended by a two-thirds majority in both first and second readings[7].

Table notes

[1] Constitution of the United Republic of Tanzania 1977, Article 4(2) and the First Schedule.
[2] Matthews 2002, 1029-1033; Constitution of Zanzibar 1984, including amendments up until 2002.
[3] Constitution of Zanzibar 1984, Articles 26, 28(3).
[4] Constitution of Zanzibar 1984, Articles 26, 39, 41.
[5] Constitution of Zanzibar 1984, Article 64.
[6] Constitution of Zanzibar 1984, Article 93, 94, 99.
[7] Constitution of Zanzibar 1984, Article 80.

References

CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA 1977, [www] http://www.tanzania.go.tz/constitutionf.html, [opens new window] (accessed 26 Oct 2007).

CONSTITUTION OF ZANZIBAR 1984, came into effect on January 12, 1985.

MATTHEWS, G 2002 "Tanzania: Recent History" IN Murison, K (ed), Africa South of the Sahara 2002, Europa Publications.