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TANGANYIKA

No. 22 OF 1964

I ASSENT,

.

President

25TH APRIL, 1964

An Act to ratify the Articles of Union between the Republic ofTanganyika and the People's Republic of Zanzibar, to providefor the government of the United Republic and of Zanzibar,to make provision for the Modification and Amendment of theConstitution and Laws of Tanganyika for the purpose of givingeffect to the Union and the said Articles , and for mattersconnected there with and incide ntal there to

][

WHEREAS by Articles of Union entered into be tween the Governmentof the Republic of Tanganyika and the Government of the People'sRepublic of Zanzibar on the twenty-second day of April, 1964, it was

agree d that, subject to the e nactment of laws by the Pa rliament ofTanganyika and by the Revolutionary Council of the People's Republicof Zanzibar acting in conjunction with the Cabinet Ministers thereofratifying the said Articles and providing for the Government of theUnited Republic and of Zanzibar in accordance therewith, the saidRepublics sha ll be united in one Sovereign Republic:

NOW THEREFORE BE IT ENACTEDby the Parliament of Tanganyika:

1 . This Act may be cited a s the Union of Tanga nyika and ZanzibarAct, 1964, and this Act and the law of Zanzibar entitled the Union ofZanzibar and Tanganyika Law, 1964, may be together cited as theActs of Union of Tanga nyika a nd Zanzibar.

Interpreta-2. In this Act, unless the context otherwise requires -tion

"exis ting law'' means the written and unwritten law as it exis tsimmediately before Union Day (including a law e nacted or made

by any ena ctment or instrument pas se d or made be fore, andcoming into operation a fter, that da y), but doe s not include theCons titution of Tanga nyika insofar as it provides for the govern-ment of. the Republic of Tanganyika or any declaration or law,

K.J us

Sh ort title

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or any provis ion the reof, which expires with effect from thecommencement of the interim Constitution;

''the interim Constitution'' means the constitution declared by section5 to be the Cons titution by which the United Republic is to begoverned during the interim period, as from time to time modifiedor ame nded;

''the interim period'' mea ns the pe riod comme ncing on Union Day andexpiring immediately before the commencement of a Cons titu-tion adopted by a Cons tituent Asse mbly in accordance with se ction9;

''Union Day'' means the day following the day on which the Acts ofUnion of Tanga nyika and Zanziba r are e nacted or, if they areenacted on different days, the day following the day of the late renactment.

3. The Articles of Union be tween the Governments of the Republicof Tanganyika and the People's Republic of Zanzibar (which Articlesare set out in the Schedule to this Act) are he reby approved and ratified.

Ratificationof Article sof Union

4. The Republic of Tanga nyika and the Pe ople's Republic ofZanziba r sha ll, upon Union Day and ever a fter, be united into one

Declaration

of theUnited

Sovereign Republic by the name of the United Republic of Tanganyikaand Zanzibar.

Republic

5. (1) Subject to the provis ions of this se ction and to any Actof the Parliame nt of the United Republic whereby the provisions of theinterim Constitution of the United Republic may be altered, the UnitedRepublic s ha ll be governed during the interim pe riod in accordancewith the provisions of the Constitution of the Republic of Tanganyikaas so modified as to provide-

interimConstitu-tion ofthe UnitedRepublic

(a) for the reservation to the Parliament and Executive of theUnited Republic of the following matters:-

(i) the Constitution a nd government of the United Republic,

(ii) External Affairs;

(iii) Defence ;(iv) Police;

(v) Emergency Po wers;

(vi) Citizenship;

(vii) Immigration;

(viii) Externa l trade a nd borrowing;

(ix) the Public Service of the United Republic;

(x) Income tax, corporation tax, cus toms and excise duties ;

(xi) Harbours, civil aviation, posts and telegraphs;and for the exclus ive au thority of the sa id Parliament andExecutive in such matters throughout and for the United Republicand in all other matters in and for Tanga nyika;

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(b) for a se para te Legislature and Executive for Zanzibar constitutedin accordance with the e xisting law of Zanzibar (or as so variedor replaced from time to time in accordance with such existing

law), and for the exclus ive authority of the sa id Legislatureand Executive in and for Zanzibar in matters other than thosereserved, in accordance with paragraph (a) of this subsection, tothe Parliament and Executive of the United Republic;

(c) for the appointment of two Vice-Presidents of the UnitedRepublic, one of whom shall be a person normally resident inZanzibar, and for such Vice -Pres ident to be the principa las sistant of the P resident of the United Re public in the dischargeof his executive functions in relation to Zanzibar and, under thestyle of President of Zanzibar, to be the head of the aforesaidExecutive for Zanzibar;

(d) for the repres entation of Zanziba r in the Pa rliament of theUnited Republic; and

(e) for such other matters as may be expedient or desirable to, give

effect, or ena ble e ffect to, be given, to the Union and to theArticles of Union.(2) The modifications to the Constitution of Tanganyika provided

for in s ubs ec tion (1) of this section s ha ll be made by Decree of thePres ident of the United Re public a nd the power of the s aid Pres identin that be half may be exercised from time to time; a nd such Decree s,and any amendments, variations or substitutions thereof made in thelike manner, shall have effect for the modification of the Constitutionof Tanganyika for the purposes of this sec tion a nd for the a lteration,of the interim Constitution of the United Republic, notwithstandingthe provisions of section 35 of the s aid Cons titutions .

(3) In this section-

(a) reference s to the Constitution of Tanganyika include reference s

to se ctions 3, 19, 20, 21, 23 and 26 of, and P arts I, II and IIIof the Second Schedule to, the Republic of Tanganyika (Conse- CA, Act 2quential, Transitional and Temporary Provisions) Act, 1962;

(b) references to an Act of the Parliament of the United Republicby which the provis ions of the interim Cons titution ma y bea ltered are re ferences to an Act the Bill for which has beenpas se d in the manner prescribed by section 35 of the sa id interimConstitution;

(c) references to the exclusive authority of the Parliament of theUnited Republic or of the Legisla ture for Zanziba r sha ll notbe cons trued a s precluding that Pa rliament or Legis la ture fromconferring on any person or au thority the power to make

provisions in relation to matters within their respective authoritieswhich have the force of law or from conferring the force of

law on any such provisions made by any person or authority, andreferences to the exclusive authority of the Executive of the UnitedRepublic or of Zanzibar shall not be construed as precludinga com pe tent le gis la ture from co nfe rring o r providing for the de le ga -tion of functions in relation to matters within its authority uponor to any other person or authority.

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6.-(1) The first President of the United Republic shall be MwalimuJULIUS KAMBARAGE NYERERE.

Theadministra-tion of thegovernment (2) The first Vice-President appointed from Zanzibar in accordance

with the modifications provided for in paragraph (c) of subsection (1)

of the

United of section 5 shall be Sheikh ABEID KARUME.Republic

(3) On the commence ment of the interim Cons titution, the s aidPresident shall make such provision for the constitution of offices inthe service of the United Republic, and for appointments to suchoffices (including appointments by way of transfer of persons who,immediately before Union Day held office in the service of the Republicof Tanga nyika or the P eople 's Republic of Zanzibar) as he shall thinknece ss ary or expedient.

7. On the comme nce ment of the interim Cons titution of the UnitedNoseparateconstitution Republic, the Cons titution of Tanganyika s ha ll cease to have e ffect

for the government of Tanganyika a s a se parate pa rt of the UnitedTanganyika Republic.for

8.-(1) Subject to the provisions of this section, on and after Union

Day the exis ting law of Tanga nyika a nd of Zanzibar s ha ll continueto be the law in the territories of Tanganyika and of Zanz iba rres pectively, save in so fa r as it is thereafter amended, modified,repe aled or revoked by compe tent authority or any provis ion thereofexpires , but shall be cons trued with such modifications , adaptations ,qua lifica tions and exceptions as may be necessary to bring it intoconformity with the Union of the two Republics and with the provisionsof the interim Constitution and of this Act; and for the avoidance of

The laws

of theUnitedRepublic

doubts it is he reby declared that the ope ration of the e xis ting law onand a fter Union Day in a ccorda nce with the provis ions of this sub-section, sha ll not be affected by the ces sa tion of the Cons titution ofTanganyika for the government of Tanganyika as a separate part ofthe United Republic or by the amendment, modification, abrogationor revocation of any declaration or law of Zanzibar under which theexisting la w of Zanzibar wa s e na cted or ma de .

(2) The Pres ident of the United Republic ma y, during the interim period, by Decree-(a) extend any existing law of Tanganyika which relates to any of

the matters set out in paragraph (a) of subsection (1) of section5 to Zanzibar as part of the law thereof and repeal or revokeany law of Zanzibar corresponding to, or incons istent with, anylaw s o e xtende d;

(b) make such amendme nts, adaptations and modifications (includ-ing provisions for the construction of laws) to the existing lawof Tanganyika (including a ny such law extende d to Zanzibarunder pa ragraph (a) of this subse ction) as may appea r to himto be nece ssa ry or expedient for bringing the same intoconformity with the provisions of the interim Cons titution or forgiving e ffect or enabling e ffect to be given to the Union;

(c) make such trans itional, consequential and temporary provision inrespe ct of any of the matters s et out in pa ragraph (a) of sub-section (1) of section 5, or in relation to the existing law ofTanganyika, as may appe ar to him to be nece ss ary or expedientfor giving e ffect or enabling e ffect to be given to the Union.

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(3) Where the P res ide nt makes a De cree unde r this s ec tion in rela tionto an Act of the Common S ervices Organization, that Decree shall haveeffect so to ame nd that Act in a nd m relation to any person or matterconnected with the United Republic, or to any part thereof to which

the de cree relates, notwithstanding any provisions of the Interpretationand Ge neral Claus es Ordinance . Cap. 1

9.-(1) A Constituent Asse mbly summone d m a ccordance with the ConstituentArticles of Union s hall have power to ratify and adopt a Cons titution Assemblyfor the governme nt of the United Republic, to make provis ion con-sequential on, and supplemental to, the new Constitution and to makesuch othe r provis ion a s the Cons tituent Assembly think fit, and such

powers may be exercised notwithstanding any power in that behalfvested in the Parliament of the United Republic or in the Legislaturefor Zanzibar.

(2) The provis ions of the Cons tituent Assembly sha ll be made insuch form and manner as may be pres cribed by decree of the Pres identof the United Republic, acting with the agreement of the Vice-

President who is the he ad of the Executive for Zanzibar, and when somade sha ll have the force of law throughout the United Republic, orsuch parts thereof as may be specified therein, and may be cited as Actsof the Constituent Assembly.

(3) Subject to any Act of the Constituent Assembly, nothing in thisse ction shall be construed as affecting the e xercise by the Pa rliame ntof the United Republic, or the National Assembly of the Parliamenttheir respective functions under any law in force during the continuanceof the interim Constitution.

(4) On the commence ment of a Cons titution adopted by theConstituent Assembly, the power to summon a Constituent Assemblyand the powers of the Constituent Ass embly to make any provisionwhich it is empowered to make under the Articles of Union or thisAct s ha ll expire .

10.-(l) Decree s of the P res ident of the United Re public made in Decreesof theaccordance with the provisions of this Act-President

(a) sha ll be published in the Gazette of the United Republic andshall be laid be fore the National Assembly of the P arliame nt ofthe United Republic;

(b) sha ll ha ve e ffe ct as if e na cted in this Act;

(c) may provide for the making of rules, orders and schemesthereunder and for the de legation of powers.

(2) The provisions of paragraph (a) shall not affect the operationof any Decree s of the Pres ide nt of the United Republic prior to thedate on which they are laid before the said National Assembly, butsubject to the foregoing, the provisions of section 27 of the Interpreta-tion a nd Ge neral Clauses ordinance sha ll apply in relation to suchDecrees.

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No. 226 Union of Tanganyika and Zanzibar 1964

THE SCHEDULE

THE ARTICLES OF UNION

between

THE REPUBLIC OF TANGANYIKA AND THE PEOPLES ' REPUBLIC OFZANZIBAR

WHEREAS the Governments of the Re public of Tanga nyika and of the P eoples ' Republicof Zanzibar being mindful of the long association of the peoples of these lands and of

their ties of kinship and amity, and being desirous of furthering that association andstrengthening of these ties and of furthering the unity of African peo ples have met a ndcons idere d the union of the Re public of Tanganyika with the P eoples Republic ofZanzibar:

AND WHEREAS the Governme nts of the Re public of Tanga nyika an d of the Peo ples'Republic of Zanzibar are desirous that the two Republics shall be united in oneSovereign Repub lic in accordance with the Articles here inafter contained:-

It is therefore AGREED between the Governments of the Republic of Tanganyika andof the Peoples' Republic of Zanzibar as follows: -

(i) The Republic of Tanganyika and the Peoples' Republic of Zanzibar shall beunited in one Sovereign Repub lic.

(ii) During the pe riod from the comme nce ment of the union until the Cons tituen t

Ass em bly provided for in Article (vii) sha ll have met a nd a dopted a Cons titu-tion for the united Republic (hereinafter referred to as the interim period) theunited Re public(iii) to (vi).

sha ll be gove rned in a ccordance with the provisions of Articles

(iii) During the interim period the Constitution of the united Republic shall bethe Cons titution of Tanga nyika s o modified as to p rovide for-(a) a separate legislature and executive in and for Zanzibar from time to time

constituted in accordance with the existing law of Zanzibar and havingexclusive authority within Zanzibar for matters other than those reservedto the P arliame nt and Executive of the united Rep ublic;

(b) the office s of two Vice-Pres idents on e of whom (be ing. a pe rson no rmallyresident in Zanzibar) shall be the head of the aforesaid executive in andfor Zanzibar and shall be the principal assistant of the President of theUnited Republic in the d ischa rge of his exe cutive functions in relation toZanzibar;

(c) the representation of Zanzibar in the Parliament of the United Republic;

(d) such othe r matters a s may be expe dient or de sirable to give effect to theunited Republic and to these Articles.

(iv) There sh all res erved to the Pa rliam en t and Executive of the unitedRepublic the following matters-

The Cons titution a nd Government of the united Republic.(a)(b) External Affairs.(c) Defence .(d) Po lice.(e) Emergency Powers.(f) Citizenship.(g) Immigration.(h) External Trade and Borrowing.(i) The Public Service of the united Republic.(j) Income Tax, Corporation Tax, Cus toms a nd Excise.(k) Harbours, Civil Aviation, Pos ts and Telegraphs .

And the said Parliament and Executive shall have exclusive authority in suchmatters throughout and for the purposes of the united Republic and in additionexclusive authority in res pect of all other ma tters in and for Tanganyika.

(v) The existing laws of Tanganyika and of Zanzibar shall remain in force intheir respective territories subject-

(a) to any provision made hereafter by a competent legislature;(b) to s uch provision as may be made by order of the P resident of the

united Republic for the extension to Zanzibar of any law relating to anyof the ma tters s et ou t in Article (iv), and the revoca tion of anycorresponding law of Zan zibar;

(c) to such ame ndments as may be expedient or des irable to give effect to theunion and to these Articles.

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(v) (a) The first President of the united Republic shall be Mwalimu Julius K.Nyerere a nd he sha ll carry on the Gove rnment of the united Republicin accordance with the provisions of these Articles and with the assistanceof the Vice-Presidents aforesaid and of such other ministers and officersas he may a ppoint from Tanganyika a nd Zanzibar and the ir respe ctivepublic services.

(b) The first Vice-President from Zanzibar to be appointed in accordancewith the modifications provided for in Article (iii) shall be Sheikh AbeidKarume.

(vii) The President of the united Republic: in agreement with the Vice-Presidentwho is head of the Executive in Zanzibar shall-

(a) Appoint a Commission to make proposals for a Constitution for theunited Republic.

(b) Summon a Constituent Ass embly composed of Represe ntatives fromTanganyika and from Zanzibar in such numbers as they may determine to

mee t within one yea r of the comme nce ment of the union for the purposeof considering the proposals of the Commission afores aid and to adopta Cons titution for the united Republic.

(viii) These Articles shall be subject to the enactment of laws by the Parliament ofTanganyika and by the RevolutionaryCouncil of the Peoples' Republic ofZanzibar in conjunction with the Cabinet of Ministers thereof, ratifying thesa me and providing for the Governmen t of the united Rep ublic a nd ofZanzibar in a ccordance therewith.

IN WITNESS WHERE J ulius K. Nyerere, the P res ident of the Rep ublic of Tanga nyika,and Abeid Karume the P resident of the Pe oples ' Republic of Zanzibar have signedthese Articles, in duplicate, at Zanzibar, on this twenty-second day of April, 1964.

Passed in the Nationa l Assembly on the twenty-fifth da y of April,1964.

Cle rk of the Na tional Ass e m bly

I hereby certify that the Bill for this Act was passed by the National

Assembly in accordance with the provis ions fConstitution.

on 35 of the

25th April, 1964

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Printed by the Government Printer, Dar es S alaa m.

Speaker

Msekwa