Authority to
constitute
offices and to
appoint
officers
Act No.15
of 1984
Art.9
Act No.3
of 2000
Art.6
36.-(1) Subject to the other provisions of this Constitution and of any
other law, the President shall have authority to constitute and to abolish any office
in the service of the Government of the United Republic.
Discharge of
duties and
function of
President
Act No. 15
of 1984
Art.9;
Act No.4
of 1992
Art.12;
Act No.34
of 1994
Art.6;
Act. No.1
of 2005
Art.9;
G.N.No.133
of 2001;
G.N.No.150
of 2005
37.-(1) Apart from complying with the provisions contained in this
Constitution, and the laws of the United Republic in the performance of his duties
and functions, the President shall be free and shall not be obliged to take advice
given to him by any person, save where he is required by this Constitution or any
other law to act in accordance with the advice given to him by any person or
authority.
(2) Where the Cabinet finds that the President is unable to discharge the
functions of his office by reason of physical or mental infirmity, it may submit to
the Chief Justice a resolution requesting him to certify that the President by reason
of physical or mental infirmity, is unable to discharge the functions of his office.
Upon receiving such a resolution, the Chief Justice shall appoint a medical board
of not less than three persons from amongst experts recognized as such by the law
governing medical practitioners in Tanzania and such board shall inquire into that
issue and advise the Chief Justice accordingly, and he may, after considering the
medical evidence, present to the Speaker a certificate certifying that the President,
due to physical or mental infirmity, is unable to discharge the functions of his
office; and if the Chief Justice does not rescind that certificate within seven days
for the reason that the President’s condition has improved and he has resumed
work, then it shall be deemed that the office of the President is vacant, and the
provisions contained in subarticle (3) shall apply.
(3) Where the President is absent from the United Republic, or is unable
to discharge the functions of his office for any other reason, the duties and
functions of the President shall be discharged by one of the following, in the order
(2) The President shall have the authority to appoint persons to hold
positions of leadership responsible for formulating policies for departments and
institutions of the Government, and the Chief Executives who are responsible for
supervision of the implementation of those department’s and institution’s policies
in the Service of the Government of the United Republic, in this Constitution or in
various laws enacted by the Parliament, which are required to be filled by a
appointment made by the President.
(3) Subject to the provisions of subarticle (2), other conditions contained
in this Constitution and any other relevant law, the authority for appointment of
other persons who are not leaders or chief executives, to hold positions in the
service of the Government of the United Republic, and also the authority for
promoting such persons, to remove them from the office, to terminate their
employment and the authority to regulate their discipline of persons who are given
that authority, shall vest in the Service Commissions and given authority in
respect with positions of authority pursuant to this Constitution or in accordance
within any law concerned.
(4) The provisions of subarticles (2) and (3) shall not be construed to
prohibit the President to take steps of maintaining discipline of the public servants
and the public service of the Government of the United Republic.
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