(b)
where the law applicable in the place where the process is sent
requires that a process issued by a court which has no jurisdiction
be authenticated first by the court having local jurisdiction, then
every process issued by the court elsewhere has to be authenticated
first in accordance with the law before service or execution of such
process.
(2) Where a person is arrested anywhere in Tanzania in accordance with
an arrest warrant issued by a court having no jurisdiction in the area of arrest, then
the person so arrested shall be deemed to be in lawful custody and be brought
before the court which issued the arrest warrant, but the provisions contained in
this subarticle shall apply without prejudice to the provisions of the law applicable
in the place of the arrest.
(3)
The provisions contained in this Article shall not prevent the
enactment of a law providing for the procedure of sending process outside
Tanzania issued by the courts in Mainland Tanzania or Tanzania Zanzibar.
PART VII
THE SPECIAL CONSTITUTIONAL COURT OF
THE UNITED REPUBLIC
Special
Constitutional
Court
Act No.15
of 1984
Art.35
Act No.3
of 2000
Art.17
125. There is hereby established the Special Constitutional Court of the
United Republic whose jurisdiction, constitution and procedure shall be as
stipulated in the provisions of Articles 126 and 128 of this Constitution.
Jurisdiction of
the Special
Constitutional
Court
Act No.14
of 1979
Art.9
Act No.15
of 1984
Art.36
126.-(1) The sole function of the Special Constitutional Court of the
United Republic is to hear and give a conciliatory decision over a matter referred
to it concerning the interpretation of this Constitution where such interpretation or
its application is in dispute between the Government of the United Republic and
the Revolutionary Government of Zanzibar.
(2) In the performance of its functions in accordance with the provisions
of this Article, the Special Constitutional Court shall not have power to inquire
into or to alter the decision of the High Court or the decision of the Court of
Appeal which has been given in accordance with the provisions of Article 83 of
this Constitution or the decision of the Court of Appeal which has been given in
accordance with Article 117 of this Constitution.
(3) Every conciliatory decision given by the Special Constitutional Court
pursuant to this Article shall be final; there shall be no right of appeal to any
forum.
Composition of
the Special
Constitutional
Court
127.-(1) The Special Constitutional Court shall consist of members of
whom one half shall be appointed by the Government of the United Republic and
the other half shall be appointed by the Revolutionary Government of Zanzibar.
72
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