Act No.14
Of 1979
Art.10
Act No.15
of 1984
Art.37
(2) A person may be appointed a member of the Special Constitutional
Court only if he holds or has previously held the office of Justice of Appeal or of
Judge of the High Court of the United Republic of Tanzania or of the High Court
of Zanzibar, or he is a person who has the ability and experience which qualify
him to be appointed to the office of Judge or Acting Judge under the law for the
time being in force, in Mainland Tanzania or in Tanzania Zanzibar, as the case
may be.
(3) A person may be appointed a member of the Special Constitutional
Court either for purposes of determining one or two or more disputes should they
arise. A member shall continue to execute his duties as a member of the Special
Constitutional Court until the determination of the dispute in relation to which he
is appointed or his appointment is revoked or until he fails to perform his duties as
a member due to illness or any other reason.
Procedure at
sittings of the
Special
Constitutional
Court
Act No.15
of 1984
Art.37
Act No.7
of 1994
Art.8(1)(k)
128.-(1) The Special Constitutional Court shall hold its sittings only
when there is a dispute to be heard, and shall sit in any place to be decided upon in
accordance with the procedure applicable for the purposes of hearing disputes
submitted to the Special Constitutional Court.
(2) The quorum for every sitting of the Special Constitutional Court shall
be all its members, and where any member is absent or the seat of any member is
vacant, then the Government which had appointed that member who is absent or
whose seat is vacant shall appoint another member to replace him. A temporary
member appointed in accordance with this subarticle shall continue to hold office
in the Special Constitutional Court until the substantive member resumes duty or
until a person is appointed to fill the vacancy or until the dispute is determined,
whichever of these events occurs earlier.
(3) Every matter requiring a decision of the Special Constitutional Court
shall be determined on the basis of the opinion of two-thirds of the members
appointed from Mainland Tanzania and two-thirds of the members appointed from
Tanzania Zanzibar.
(4) Parliament may enact legislation providing for the election of the
Chairman of the Special Constitutional Court, the procedure for the submission of
disputes to the Court, the procedure for the hearing of disputes and the procedure
for the transmission of the decisions of the Court to the Governments:
Provided that where any matter is referred to the Special Constitutional
Court before the enactment of the law referred to in this subarticle, the matter will
be heard and decided in accordance with the procedures to be decided upon by
the Court itself before hearing the matter, or if members of the Court fail to agree
on such procedure, then the matter shall be heard and decided in accordance with
the procedure to be decided upon by the Government of the Untied Republic in
collaboration with the Revolution Government of Zanzibar.
73
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات