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Government of Zanzibar. Election of the Head of the Revolutionary Government of Zanzibar Act No.1 of 1980 Art.11 Act No.15 of 1984 Art.14 Act No.16 of 1990 Art.2 Act No.20 of 1992 Art.14 104.-(1) The Head of the Revolutionary Government of Zanzibar shall be elected by the people in Tanzania Zanzibar in accordance with the provisions of the Constitution of Zanzibar, 1984, and in accordance with the procedure prescribed by law enacted by the House of Representatives of Zanzibar which relates to the election in general or to the election of the Head of the Revolutionary Government of Zanzibar (2) Subject to the other provisions of this Constitution, the office of the Head of the Revolutionary Government of Zanzibar shall be vacant, and the election of the Head of the Revolutionary Government of Zanzibar shall be held to fill the vacancy upon the occurrence of any of the following events: (a) upon the dissolution of the House of Representatives; the resignation of the Head of the Revolutionary Government of (b) Zanzibar without first dissolving the House of representatives; (c) the disqualification of the Head of the Revolutionary Government of Zanzibar from holding an elective office; (d) the impeachment of the Head of the Revolutionary Government of Zanzibar by the House of Representatives in accordance with the Constitution of Zanzibar, 1984, and his removal from office; (e) the certification pursuant to the Constitution of Zanzibar, 1984, that the Head of the Revolutionary Government of Zanzibar is unable to discharge his duties and functions; or (f) the death of the Head of the Revolutionary Government of Zanzibar. PART II THE ZANZIBAR REVOLUTIONARY COUNCIL The Revolutionary Council and its functions Act No.1 of 1980 Art.12 Act No.15 of 1984, Art.18 105.-(1) There shall be a Zanzibar Revolutionary Council which shall consist of the following members: (a) the Chairman of the Revolutionary Council; (b) the Chief Minister of the Revolutionary Government of Zanzibar; (c) all Ministers of the Revolutionary Government of Zanzibar; and (d) other members to be appointed by the Chairman of the Revolutionary Council in accordance with the provisions of the Constitution of Zanzibar, 1984. (2) Without prejudice to the powers of the Chairman of the Revolutionary Council as Head of the Revolutionary Government of Zanzibar, the Revolutionary Council shall be the principal organ for advising the Head of Revolutionary Government of Zanzibar regarding all matters concerning the exercise of his functions of leadership and supervision over the affairs of the Executive for Zanzibar and also in the discharge of his functions over all affairs of Government concerning all matters which are not Union Matters in accordance with the provisions of this Constitution and those of the Constitution of Zanzibar, 1984. 60

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Zakaria Kamwela & Others vs The Minister of Education & Vocational Training & Another (Civil Appeal 3 of 2012)

Case Law

Country

Tanzania

Country Location

Latitude: -6.422658237654706

Longitude: 36.0716826891688

Country Location (linked Case Law): Tanzania

Decision Date: Jul 5, 2013

Case Status: Closed

Case Outcome (Procedural)

Reversed Lower Court

Case Outcome (Disposition)

Law or Action Overturned or Deemed Unconstitutional

Keywords

Constitution

Court Name: IN THE COURT OF APPEAL OF TANZANIA AT PAR ES SALAAM

Case Number: CIVIL APPEAL NO 3 OF 2012

Case Summary: Facts Zakaria Kamwela and 126 other students, all Jehovah's Witnesses, were expelled or subjected to disciplinary actions by their respective schools for refusing to sing the National Anthem during school assemblies, citing religious beliefs. The students argued that singing the anthem violated their Bible-trained consciences. They appealed to various educational authorities, including the Regional Education Appeal Board and the Minister of Education, but their appeals were dismissed. Consequently, they petitioned the High Court seeking declarations that their expulsions violated their constitutional rights to freedom of religion and conscience.

Issue Whether the enforcement of the Education Circular requiring students to sing the National Anthem during school assemblies violated the appellants' constitutional rights to freedom of religion and conscience under Articles 19(1) and 29(1) of the Tanzanian Constitution.

Rule Article 19(1) of the Tanzanian Constitution: Guarantees the right to freedom of conscience, religion, and belief. Article 29(1) of the Tanzanian Constitution: Protects the fundamental rights and duties of individuals. Section 5(f) of the National Education Act: Allows the Minister to promote education in accordance with national interests. Doctrine of Delegated Legislation: Regulations or circulars must be issued by a competent authority and published in the Gazette to have the force of law. Analysis Freedom of Religion: The court found that the appellants' refusal to sing the National Anthem was based on their sincerely held religious beliefs. The majority judges at the High Court failed to properly evaluate the sincerity and conscientiousness of these beliefs, erroneously questioning their validity. Validity of the Circular: The Education Circular requiring the singing of the National Anthem was issued by the Commissioner for Education, not the Minister, and was not published in the Gazette. Thus, it lacked the force of law. The court determined that the Circular was an administrative directive rather than a legally binding regulation. Secular State: Tanzania is a secular state where religious beliefs should not interfere with state affairs. However, the appellants' right to freedom of religion includes the right to manifest their beliefs, which the Circular failed to respect. Rights under Article 19(1): The court emphasized that fundamental rights should be broadly and liberally interpreted to protect individuals' freedoms. The appellants were entitled to the protection of their religious beliefs under Article 19(1). Conclusion The court allowed the appeal, quashing the decision of the High Court and declaring that the appellants' constitutional rights to freedom of religion and conscience had been violated. The court ordered the reinstatement of the students without any conditions requiring them to sing the National Anthem.

Case Significance: ffirmation of Religious Freedom: This case reinforces the constitutional protection of freedom of religion and conscience in Tanzania, ensuring that individuals can practice their beliefs without undue interference from the state. Limits of Administrative Directives: The ruling highlights the necessity for regulations and circulars to be issued by competent authorities and published in the Gazette to have legal validity. Broad Interpretation of Fundamental Rights: The judgment underscores the need for courts to interpret fundamental rights broadly and liberally to safeguard individuals' freedoms, promoting a more inclusive and tolerant society.

Related Law

Constitution of Tanzania 1977

Source URL: tanlii.com

Collection

CIPIT

Date Updated: Jul 9, 2024

Primary Documents

Constitution of Tanzania 1977.pdf
English
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Zakaria Kamwela & Others vs The Minister of Education & Vocational Training & Another (Civil Appeal 3 of 2012)

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