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. 26