(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rescinded.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
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières