Art.9
gratuity shall be charged on the Consolidated Fund of the United Republic and
shall be paid in accordance with the provisions of this Article.
(2) The salary and all other payments due to the President shall not be
reduced while he is in office in accordance with the provisions of this
Constitution.
Power to
declare war
Act No.15
of 1984
Art.9;
Act No.4
of 1992
Art.14
44.-(1) Subject to this Constitution or to any Act of Parliament providing
in that behalf, the President may declare the existence of a state of war between
the United Republic and any other country.
(2) After making the declaration, the President shall transmit a copy of
such declaration to the Speaker of the National Assembly who, after consultation
with the Leader of Government Business in the National Assembly, shall within
fourteen days from the date of the declaration, convene a meeting of the National
Assembly to deliberate on the prevailing situation and to consider whether or not
to pass a resolution in support of the declaration of war made by the President.
Prerogative of
mercy
Act No.15
of 1984
Art.9
45.-(1) Subject to the other provisions contained in this Article, the
President may do any of the following:
(a)
grant a pardon to any person convicted by a court of law of any
offence, and he may subject to law grant such pardon
unconditionally or on conditions;
(b)
grant any person a respite, either indefinitely or for a specified
period, of the execution of any punishment imposed on that person
for any offence;
(c)
substitute a less severe form of punishment for any punishment
imposed on any person for any offence; and
(d)
remit the whole or part of any punishment imposed on any person
for any offence, or remit the whole or part of any penalty of fine or
forfeiture of property belonging to a convicted person which would
otherwise be due to the Government of the United Republic on
account of any offence.
(2) Parliament may enact law making provisions for the procedure to be
followed by the President in the exercise of his powers under this Article.
(3) The provisions of this Article shall apply to persons convicted and
punished in Tanzania Zanzibar and to punishments imposed in Tanzania Zanzibar
under law enacted by Parliament which applies to Tanzania Zanzibar, likewise
such provisions shall apply to persons convicted and punished in Mainland
Tanzania in accordance with law.
Immunity from
criminal and
civil
proceedings
Act No.15
of 1984
Art.9
Act No.20
Of 1992
46.-(1) During the President’s tenure of office in accordance with this
Constitution it shall be prohibited to institute or continue in court any criminal
proceedings whatsoever against him.
(2)
During the President’s tenure of office in accordance with this
Constitution, no civil proceedings against him shall be instituted in court in
respect of anything done or not done, or purporting to have been done or not done,
by him in his personal capacity as an ordinary citizen whether before or after he
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