Constitution that the President is unable to discharge the function of his office; or (f) the death of the President. (3) The office of President shall not be deemed to be vacant by reason only that the National Assembly has passed a motion of no confidence in the Prime Minister. Qualifications for election as President Act No.15 of 1984 Art.9 Act No.4 of 1992 Art.13; Act No.34 of 1994 Art.8 Act No.3 of 2000 Art.7 39.-(1) A person shall not be entitled to be elected to hold the office of President of the United Republic save only if ­ Eligibility for re-election Act No.15 of 1984 Art.9 Act No.34 of 1994 Art.9 40.-(1) Subject to the other provisions of this Article, any person who holds office as President shall be eligible for re-election to that office. (2) No person shall be elected more than twice to hold the office of President. (3) A person who has been President of Zanzibar shall not be disqualified from being elected President of the United Republic for the reason only for he has once held office as President of Zanzibar. (4) Where the Vice-President holds the office of President in accordance with the provisions of Article 37(5) for less than three years, he shall be eligible to contest for the office of President for two terms, but where he occupies the office of President for three years or more, he shall be eligible to contest for the office of President for one term only. Procedures for the election of President Act No.20 of 1992 Art.5 Act No.34 of 1994 Art.10 41.-(1) Where Parliament has been dissolved or where any of the events specified in subarticle (2) of Article 38 has occurred and it becomes necessary to hold an election of the President, every political party wishing to participate in the election of President shall submit to the Electoral Commission, in accordance with the law, the name of one of its members whom it proposes as a candidate to contest the election for the President of the United Republic and the name of another member of the party whom it proposes for the office of Vice-President. (a) he is a citizen of the United Republic by birth in accordance with the citizenship law; (b) he has attained the age of forty years; (c) he is a member of, and a candidate nominated by, a political party; (d) he is qualified to be a Member of Parliament or a Member of the House of Representatives; and (e) within the period of five years before the General Elections, he has not been convicted by any court for any offence relating to evasion to pay any tax due to the Government. (2) Without prejudice to any person’s right and freedom of expression to hold his own views, to profess a religious faith of his choice, to associate with others and to participate with others in community work in accordance with the laws of the land, no person shall be qualified to be elected to hold the office of President of the United Republic unless he is a member of, and a candidate proposed by, a political party. 29

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