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.
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