(a) the President shall not have authority to delegate to a Minister in accordance with the provisions of this subarticle any function of President conferred on him by any law arising from the terms of any treaty to which the United Republic is a party if by law the President is not authorised to delegate such function to any other person; (b) it is hereby declared that directions given by the President under the provisions of this subarticle directing any Minister to discharge any function of President shall not be deemed to prevent the President from discharging such function himself. (9) For the purposes of clarity of the provisions of this Article ­ (a) a Cabinet meeting held for the purpose of submitting to the Chief Justice a resolution concerning the state of health of the President shall be valid notwithstanding that any member of the Cabinet is absent or that his position is vacant and it shall be deemed that the Cabinet has passed that resolution as long as it is supported by the majority vote of members attending and voting; (b) the President shall not be taken as being absent from the United Republic by reason only of the fact that he is in passage from one part of Tanzania to another through a foreign country, or for the reason that he has given directions in accordance with the provisions of subarticle (7) and those directions have not been rescinded. (10) Notwithstanding the preceding provisions of this Article, a person discharging the functions of President under this Article shall not have power to dissolve Parliament, to remove any of the Ministers from office or to revoke any appointment made by the President. (11) If any person discharging the functions of President in accordance with the provisions of this Article is a Member of Parliament, he shall not forfeit his seat in the National Assembly or be disqualified for election as Member of Parliament by reason only of his discharging those functions of President. Election of President Act No.14 of 1979 Art.3; Act No.15 of 1984 Art.9 Act No.20 of 1992 Art.5 Act No.34 of 1994 Art.7 G.N.No.133 of 2001 38.-(1) The President shall be elected by the citizen in accordance with the provisions of this Constitution and in accordance with the law enacted by Parliament pursuant to the provisions of this Constitution, making provisions concerning the election of the President. (2) Subject to the other provisions of this Constitution, the office of President shall be vacant and the election of the President shall be held or that vacancy shall be filled otherwise in accordance with this Constitution, as the case may be, upon the occurrence of any of the following events ­ (a) the dissolution of Parliament; (b) the resignation of the President without first dissolving Parliament; (c) the disqualification of the President from holding elective office; (d) the removal of President from office following his impeachment by the National Assembly in accordance with this Constitution; (e) certification pursuant to the provisions of Article 37 of this 28

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