Wadau, mtu mwenye kujua mchakato mzima wa kikatiba wa kumu-impeach Raisi alie madarakani na hatimae kumvua madaraka atuweke hapa sambamba na ufafanuzi wa ziada kuhusiana na mchakato huo.
Watalaamu mtasaidie maana kusoma tu vipengele husika vya katiba na kanuni husika za Bunge kuhusu jambo hili bila maelezo mengine ya ziada ( ya kisheria, n.k) ni wazi hakutoshi japo kunatoa mwanga fulani hivyo wanaolewa mchakato mzima watuelimishe.
Ni wakati wa kuwaza tofauti sasa.
C&P.......................... ongezea
Article 46A. Impeachment by the National Assembly
(1) Notwithstanding the provisions of Article 46 of this Constitution, the National Assembly may pass a resolution to remove the President from office if a motion to impeach the President is moved and passed in accordance with the provisions of this Article.
(2) Subject to the other provisions of this Article, no motion to impeach the President shall be moved save only if it is alleged that the President has -
- committed acts which generally violate Constitution or law concerning ethics of public leaders;
- committed acts which contravene the conditions concerning the registration of political parties specified in Article 20(2) of this Constitution;
- conducted himself in a manner which lowers the esteem of the office of President of the United Republic, and no such motion shall be moved within twenty months from the time when a similar motion was previously moved and rejected by the National Assembly.
(3) The National Assembly shall not pass a motion to impeach the President save only if -
- a written notice signed and supported by not less the twenty per cent of all member of Parliament is submitted to the Speaker thirty days prior to the sitting at which such motion is intended to be moved in the National Assembly, specifying the wrong committed by the President and proposing that a Special Committee of Inquiry be Constituted to inquire into the charges brought against the President.
- at any time after the Speaker receives the notice duly signed by the Member of Parliament and satisfies himself that the provisions of the Constitution for the moving of the motion have been complied with, to vote on the motion to constitute a Special Committee of Inquiry, and if it is supported by not less than two thirds of all the Member of Parliament, the Speaker shall announce the names of the member of the Special Committee of Inquiry.
(4) The Special Committee of Inquiry for the purpose of this Article shall consist of the following members, that is to say -
- the Chief Justice of the United Republic who shall be the Chairman;
- the Chief Justice of Tanzania Zanzibar; and
- seven members appointed by the Speaker in accordance with the Standing Orders of the National Assembly and taking into account the proportional representation amongst the political parties represented in the National Assembly.
(5) In the event that the National Assembly passes the motion to constitute a Special Committee of Inquiry, the President shall be deemed to be out of office, and the duties and functions of the office of President shall be discharged in accordance with the provisions of Article 37(3) of this Constitution until the Speaker shall inform the President about the resolution of the National Assembly in connection with the charges brought against him.
(6) Within seven days after the Special Committee of Inquiry is constituted, it shall sit, inquire into and analyse the charges preferred against the President, including and affording the President an opportunity to be heard in accordance with the procedure prescribed by the Standing Orders of the National Assembly.
(7) As soon as possible and in any event within a period of not more than ninety days, the Special Committee of Inquiry shall submit its report to the Speaker.
(8) After the Speaker has received the report of the Special Committee of Inquiry, the report shall be tabled before the National Assembly in accordance with the procedure prescribed by the Standing Orders of the National Assembly.
(9) After the report of the Special Committee of Inquiry is submitted pursuant to subarticle (8) the National Assembly shall debate the report and afford the President the opportunity to be heard and by votes of not less than two thirds majority of all the Members of Parliament, the National Assembly shall pass a resolution that either the charges against the President have been proved and that he is unworthy of continuing to hold the office of President, or the charges have not been proved.
(10) In the event the National Assembly passes a resolution that the charges against the President have been proved and that he is unworthy of continuing to hold the office of President, the Speaker shall inform the President and the Chairman of the Electoral Commission about the resolution whereupon the President shall be obliged to resign before the expiry of three days from the day the National Assembly passed the resolution.
(11) In the event the President ceases to hold the office of President by reason of the charges against him being proved he shall not be entitled to receive any payment by way of pension or to receive any benefits.