Ni zipi kazi za Rais wa Jamhuri wa Muungano Tanzania?

Ngambo Ngali

JF-Expert Member
Apr 17, 2009
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Napenda kujua Rais wa Jamhuri ya Muungano wa Tanzania ana Kazi zipi?

Katiba anampa madaraka makubwa Rais kuteua wasaidizi wa kumsaidia kuendesha serikali, endapo msaidizi au wasaidizi hao aliowateua wanashindwa kufanya kazi, uwajibakaji uwe kwa nani mteule au mteua.

Nani ana wajibu wa kumkumbusha Rais baadhi ya kazi zake k.m. kuna mikoa kama sita hivi haina wakuu wa mikoa na baadhi ya nafasi ambazo zimeanzishwa kikatiba ni nani wa kumkumbusha Rais?
 
Kuna maswali yana boa, ila kama vipi soma hapa.

CHAPTER TWOTHE EXECUTIVE OF THE UNITED REPUBLICPART ITHE PRESIDENT​
President of theUnitedRepublicAct No.15of 1984Art.9​
33.​
-(1) There shall be a President of the United Republic.(2) The President shall be the Head of State, the Head of Government andthe Commander-in-Chief of the Armed Forces.
TheGovernment ofthe UnitedRepublic andits authorityAct No.15of 1984​
34.​
-(1) There shall be a Government of the United Republic which shallhave authority over all Union Matters in the United Republic and over all othermatters concerning Mainland Tanzania.(2) The authority of the Government of the United Republic shall relateto the implementation and upholding of this Constitution and also to all othermatters over which Parliament has power to legislate.
Art.9​
(3) All the authority of the Government of the United Republic over allUnion Matters in the United Republic and also over all other matters concerningMainland Tanzania shall vest in the President of the United Republic.(4) Subject to the other provisions of this Constitution, the authority ofthe Government of the United Republic shall be exercised by either the Presidenthimself or by delegation of such authority to other persons holding office in theservice of the United Republic.(5) It is hereby declared that the provisions of this Article shall not beconstrued as -(a) transferring to the President any powers which by the law havebeen conferred to another person or authority other than thePresident; or(b) preventing Parliament from conferring power upon any person orauthority other than the President.
Discharge ofthe business oftheGovernment​
35.​
-(1) All Executive functions of the Government of the UnitedRepublic of Tanzania discharged by officers of the Government shall be so doneon behalf of the President.
Act No.15of 1984Art.9​
(2) Orders and other directives issued for the purposes of this Articleshall be signified in such manner as may be specified in regulations issued by thePresident in conformity with the provisions of this Constitution.26​
Authority toconstituteoffices and toappointofficersAct No.15of 1984Art.9Act No.3of 2000Art.6​
36.​
-(1) Subject to the other provisions of this Constitution and of anyother law, the President shall have authority to constitute and to abolish any officein the service of the Government of the United Republic.(2) The President shall have the authority to appoint persons to holdpositions of leadership responsible for formulating policies for departments andinstitutions of the Government, and the Chief Executives who are responsible forsupervision of the implementation of those department’s and institution’s policiesin the Service of the Government of the United Republic, in this Constitution or invarious laws enacted by the Parliament, which are required to be filled by aappointment made by the President.(3) Subject to the provisions of subarticle (2), other conditions containedin this Constitution and any other relevant law, the authority for appointment ofother persons who are not leaders or chief executives, to hold positions in theservice of the Government of the United Republic, and also the authority forpromoting such persons, to remove them from the office, to terminate theiremployment and the authority to regulate their discipline of persons who are giventhat authority, shall vest in the Service Commissions and given authority inrespect with positions of authority pursuant to this Constitution or in accordancewithin any law concerned.(4) The provisions of subarticles (2) and (3) shall not be construed toprohibit the President to take steps of maintaining discipline of the public servantsand the public service of the Government of the United Republic.
Discharge ofduties andfunction ofPresidentAct No. 15of 1984Art.9;​
37.​
-(1) Apart from complying with the provisions contained in thisConstitution, and the laws of the United Republic in the performance of his dutiesand functions, the President shall be free and shall not be obliged to take advicegiven to him by any person, save where he is required by this Constitution or anyother law to act in accordance with the advice given to him by any person orauthority.
Act No.4of 1992Art.12;Act No.34of 1994Art.6;Act. No.1of 2005Art.9;G.N.No.133of 2001;G.N.No.150of 2005​
(2) Where the Cabinet finds that the President is unable to discharge thefunctions of his office by reason of physical or mental infirmity, it may submit tothe Chief Justice a resolution requesting him to certify that the President by reasonof 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 boardof not less than three persons from amongst experts recognized as such by the lawgoverning medical practitioners in Tanzania and such board shall inquire into thatissue and advise the Chief Justice accordingly, and he may, after considering themedical evidence, present to the Speaker a certificate certifying that the President,due to physical or mental infirmity, is unable to discharge the functions of hisoffice; and if the Chief Justice does not rescind that certificate within seven daysfor the reason that the President’s condition has improved and he has resumedwork, then it shall be deemed that the office of the President is vacant, and theprovisions contained in subarticle (3) shall apply.(3) Where the President is absent from the United Republic, or is unableto discharge the functions of his office for any other reason, the duties andfunctions of the President shall be discharged by one of the following, in the order27specified, that is to say -(a) the Vice President or, if his office is vacant or if he is also absent oris ill; then(b) the Prime Minister.(4) Where the Prime Minister is discharging the duties and functions ofthe office of President by reason that the Vice President is absent, then the PrimeMinister shall cease to discharge such duties and functions if any of the followingevents occurs first -(a) the President returns in the United Republic or, his conditionimproves and reassumes the discharge of the duties and functionsof the President; or(b) the Vice President returns in the United Republic.(5) Where the office of President becomes vacant by reason of death,resignation, loss of electoral qualifications or inability to perform his functionsdue to physical infirmity or failure to discharge the duties and functions of theoffice of President, then the Vice-President shall be sworn in and become thePresident for the unexpired period of the term of five years and in accordance withthe conditions set out in Article 40, and, after consultation with the political partyto which he belongs, the President shall propose the name of the person who shallbe Vice-President and such appointment shall be confirmed by the NationalAssembly by votes of not less than fifty percentum of all the Members ofParliament.(6) It is hereby declared that the office of the President shall not bedeemed to be vacant and the President shall not be deemed to be absent from theUnited Republic or is unable to discharge his duties if he is-(a) absent from the town which is the seat of Government of theUnited Republic;(b) he is absent from the United Republic for a period of twenty fourhours; or(c) he is ill but hopes to be better after a short period.(7) Where any of the situations specified in subarticle (6) occurs, and thePresident deems it appropriate to delegate his powers for the duration of any suchsituation, then he may give directions in writing for the appointment of any of thepersons mentioned in paragraph (a) or (b) of subarticle (3) of this Article for thepurposes of discharging the functions of the office of President and the person soappointed shall discharge those functions of the office of President in accordancewith the terms specified by the President; save that the terms specified in thisArticle shall be understood not to derogate or prejudice the power of the Presidentunder any other law to diminish his functions to any other person in accordancewith any other law.(8) The President may direct in writing, if in his opinion it is desirable soto do, any Minister to discharge any functions of President as may be specifiedand the Minister so directed shall by virtue of the provisions of this subarticlehave the power to discharge those functions in accordance with any directionsgiven by President, notwithstanding the provisions of any other law:provided that28(a) the President shall not have authority to delegate to a Minister inaccordance with the provisions of this subarticle any function ofPresident conferred on him by any law arising from the terms ofany treaty to which the United Republic is a party if by law thePresident is not authorised to delegate such function to any otherperson;(b) it is hereby declared that directions given by the President underthe provisions of this subarticle directing any Minister to dischargeany function of President shall not be deemed to prevent thePresident 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 ChiefJustice a resolution concerning the state of health of the Presidentshall be valid notwithstanding that any member of the Cabinet isabsent or that his position is vacant and it shall be deemed that theCabinet has passed that resolution as long as it is supported by themajority vote of members attending and voting;(b) the President shall not be taken as being absent from the UnitedRepublic by reason only of the fact that he is in passage from onepart of Tanzania to another through a foreign country, or for thereason that he has given directions in accordance with theprovisions of subarticle (7) and those directions have not beenrescinded.(10) Notwithstanding the preceding provisions of this Article, a persondischarging the functions of President under this Article shall not have power todissolve Parliament, to remove any of the Ministers from office or to revoke anyappointment made by the President.(11) If any person discharging the functions of President in accordancewith the provisions of this Article is a Member of Parliament, he shall not forfeithis seat in the National Assembly or be disqualified for election as Member ofParliament by reason only of his discharging those functions of President.​
Election ofPresidentAct No.14of 1979Art.3;​
38.​
-(1) The President shall be elected by the citizen in accordance withthe provisions of this Constitution and in accordance with the law enacted byParliament pursuant to the provisions of this Constitution, making provisionsconcerning the election of the President.
Act No.15of 1984Art.9Act No.20of 1992Art.5Act No.34of 1994Art.7G.N.No.133of 2001​
(2) Subject to the other provisions of this Constitution, the office ofPresident shall be vacant and the election of the President shall be held or thatvacancy shall be filled otherwise in accordance with this Constitution, as the casemay 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 bythe National Assembly in accordance with this Constitution;(e) certification pursuant to the provisions of Article 37 of this29Constitution that the President is unable to discharge the functionof his office; or(f) the death of the President.(3) The office of President shall not be deemed to be vacant by reasononly that the National Assembly has passed a motion of no confidence in thePrime Minister.​
Qualificationsfor election asPresident​
39.​
-(1) A person shall not be entitled to be elected to hold the office ofPresident of the United Republic save only if -
Act No.15of 1984Art.9Act No.4of 1992Art.13;Act No.34of 1994Art.8Act No.3 of2000Art.7​
(a) he is a citizen of the United Republic by birth in accordance withthe citizenship law;(b) he has attained the age of forty years;(c) he is a member of, and a candidate nominated by, a political party;(d) he is qualified to be a Member of Parliament or a Member of theHouse of Representatives; and(e) within the period of five years before the General Elections, he hasnot been convicted by any court for any offence relating to evasionto pay any tax due to the Government.(2) Without prejudice to any person’s right and freedom of expression tohold his own views, to profess a religious faith of his choice, to associate withothers and to participate with others in community work in accordance with thelaws of the land, no person shall be qualified to be elected to hold the office ofPresident of the United Republic unless he is a member of, and a candidateproposed by, a political party.​
Eligibility forre-electionAct No.15of 1984Art.9​
40.​
-(1) Subject to the other provisions of this Article, any person whoholds office as President shall be eligible for re-election to that office.(2) No person shall be elected more than twice to hold the office ofPresident.
Act No.34of 1994Art.9​
(3) A person who has been President of Zanzibar shall not be disqualifiedfrom being elected President of the United Republic for the reason only for he hasonce held office as President of Zanzibar.(4) Where the Vice-President holds the office of President in accordancewith the provisions of Article 37(5) for less than three years, he shall be eligible tocontest for the office of President for two terms, but where he occupies the officeof President for three years or more, he shall be eligible to contest for the office ofPresident for one term only.​
Procedures forthe election ofPresidentAct No.20of 1992Art.5Act No.34of 1994Art.10​
41.​
-(1) Where Parliament has been dissolved or where any of the eventsspecified in subarticle (2) of Article 38 has occurred and it becomes necessary tohold an election of the President, every political party wishing to participate in theelection of President shall submit to the Electoral Commission, in accordance withthe law, the name of one of its members whom it proposes as a candidate tocontest the election for the President of the United Republic and the name ofanother member of the party whom it proposes for the office of Vice-President.30(2) The names of the candidates proposed for the Presidential electionshall be submitted to the Electoral Commission on a date and time appointed inaccordance with a law enacted by Parliament, and a person shall not be validlynominated save only if his nomination is supported by such number of voters andin such manner as shall be prescribed by an Act of Parliament.(3) Where on the date and time appointed for the purpose of submissionof the names of the candidates, only the name of one candidate is validlysubmitted, the Electoral Commission shall nominate that candidate and presentsuch candidate’s name to the electorate who shall vote either for or against him inaccordance with the provisions of this Article and an Act enacted by Parliament.(4) The election of the President of the Untied Republic shall be held on adate to be appointed by the Electoral Commission in accordance with an Act ofParliament.(5) All other matters concerning the procedures for the election of thePresident, shall be as provided for in a law enacted by Parliament in that behalf.(6) Any presidential candidate shall be declared duly elected Presidentonly if he has obtained majority of votes.(7) When a candidate is declared by the Electoral Commission to havebeen duly elected in accordance with this Article, then no court of law shall haveany jurisdiction to inquire into the election of that candidate.
Time ofassumption andterm of officeof President​
42.​
-(1) The President elect shall assume office of President as soon aspossible after it is declared that he has been elected President, but in any event heshall assume office before the expiration of not more than seven days.
Act No. 15of 1984Art.9​
(2) Unless he sooner resigns or dies, the President shall, subject to subarticle (3), hold office of President for a period of five years from the date onwhich he was elected.(3) A person elected President shall hold the office of President until -(a) the day his successor in office takes the oath of office;(b) the day he dies while in office;(c) the day he resigns from office; or(d) he ceases to hold the office of President in accordance with theprovisions of this Constitution.(4) If the United Republic is at war and the President considers that it isnot practicable to hold elections, the National Assembly may pass a resolutionextending the period of five years specified in subarticle (2) of this Article savethat no such extension shall exceed a period of six months at any one time.(5) Every President elect and every person assuming the office ofPresident shall, before assuming the functions of the Office of President, take andsubscribe, in the presence of the Chief Justice of the United Republic, oath ofallegiance and such other oath relating to the execution of the functions of theoffice of President as may be prescribed by an Act of Parliament.​
Terms of officeof PresidentAct No.15of 1984​
43​
.-(1) The President shall be paid such salary and other remuneration,and on retirement he shall receive such pension, gratuity or allowances as may bedetermined by the National Assembly, and the salary, other benefits, pension and31
Art.9​
gratuity shall be charged on the Consolidated Fund of the United Republic andshall be paid in accordance with the provisions of this Article.(2) The salary and all other payments due to the President shall not bereduced while he is in office in accordance with the provisions of thisConstitution.
Power todeclare warAct No.15of 1984​
44​
.-(1) Subject to this Constitution or to any Act of Parliament providingin that behalf, the President may declare the existence of a state of war betweenthe United Republic and any other country.
Art.9;Act No.4of 1992Art.14​
(2) After making the declaration, the President shall transmit a copy ofsuch declaration to the Speaker of the National Assembly who, after consultationwith the Leader of Government Business in the National Assembly, shall withinfourteen days from the date of the declaration, convene a meeting of the NationalAssembly to deliberate on the prevailing situation and to consider whether or notto pass a resolution in support of the declaration of war made by the President.​
Prerogative ofmercyAct No.15of 1984Art.9​
45.​
-(1) Subject to the other provisions contained in this Article, thePresident may do any of the following:(a) grant a pardon to any person convicted by a court of law of anyoffence, and he may subject to law grant such pardonunconditionally or on conditions;(b) grant any person a respite, either indefinitely or for a specifiedperiod, of the execution of any punishment imposed on that personfor any offence;(c) substitute a less severe form of punishment for any punishmentimposed on any person for any offence; and(d) remit the whole or part of any punishment imposed on any personfor any offence, or remit the whole or part of any penalty of fine orforfeiture of property belonging to a convicted person which wouldotherwise be due to the Government of the United Republic onaccount of any offence.(2) Parliament may enact law making provisions for the procedure to befollowed by the President in the exercise of his powers under this Article.(3) The provisions of this Article shall apply to persons convicted andpunished in Tanzania Zanzibar and to punishments imposed in Tanzania Zanzibarunder law enacted by Parliament which applies to Tanzania Zanzibar, likewisesuch provisions shall apply to persons convicted and punished in MainlandTanzania in accordance with law.
Immunity fromcriminal andcivilproceedings​
46.​
-(1) During the President’s tenure of office in accordance with thisConstitution it shall be prohibited to institute or continue in court any criminalproceedings whatsoever against him.
Act No.15of 1984Art.9Act No.20Of 1992​
(2) During the President’s tenure of office in accordance​
with thisConstitution, no civil proceedings against him shall be instituted in court inrespect 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 he32
Art.7​
assumed the office of President, unless at least thirty days before the proceedingsare instituted in court, notice of claim in writing has been delivered to him or sentto him pursuant to the procedure prescribed by an Act of Parliament, stating thenature of such proceedings, the cause of action, the name, residential address ofthe claimant and the relief which he claims.(3) Except where he ceases to hold the office of President pursuant to theprovisions of Article 46A(10) it shall be prohibited to institute in court criminal orcivil proceedings whatsoever against a person who was holding the office ofPresident after he ceases to hold such office for anything he did in his capacity asPresident while he held the office of President in accordance with thisConstitution.
Impeachmentby the NationalAssemblyAct No.20​
46A.​
-(1) Notwithstanding the provisions of Article 46 of this Constitution,the National Assembly may pass a resolution to remove the President from officeif a motion to impeach the President is moved and passed in accordance with theprovisions of this Article.
of 1992Art.8Act No.12of 1995Art.4​
(2) Subject to the other provisions of this Article, no motion to impeachthe President shall be moved save only if it is alleged that the President has -(a) committed acts which generally violate Constitution or lawconcerning ethics of public leaders;(b) committed acts which contravene the conditions concerning theregistration of political parties specified in Article 20(2) of thisConstitution; or(c) conducted himself in a manner which lowers the esteem of theoffice of President of the United Republic,and no such motion shall be moved within twenty months from the time when asimilar motion was previously moved and rejected by the National Assembly.(3) The National Assembly shall not pass a motion to impeach thePresident save only if -(a) a written notice signed and supported by not less the twenty percent of all Members of Parliament is submitted to the Speakerthirty days prior to the sitting at which such motion is intended tobe moved in the National Assembly, specifying the wrongcommitted by the President and proposing that a SpecialCommittee of Inquiry be Constituted to inquire into the chargesbrought against the President; and(b) at any time after the Speaker receives the notice duly signed by theMember of Parliament and satisfies himself that the provisions ofthe Constitution for the moving of the motion have been compliedwith, to vote on the motion to constitute a Special Committee ofInquiry, and if it is supported by not less than two thirds of all theMember​
s of Parliament, the Speaker shall announce the names ofthe member of the Special Committee of Inquiry.(4) The Special Committee of Inquiry for the purpose of this Article shallconsist of the following members, that is to say -33(a) the Chief Justice of the United Republic who shall be theChairman;(b) the Chief Justice of Tanzania Zanzibar; and(c) seven members appointed by the Speaker in accordance with theStanding Orders of the National Assembly and taking into accountthe proportional representation amongst the political partiesrepresented in the National Assembly.(5) In the event that the National Assembly passes the motion toconstitute a Special Committee of Inquiry, the President shall be deemed to be outof office, and the duties and functions of the office of President shall bedischarged in accordance with the provisions of Article 37(3) of this Constitutionuntil the Speaker shall inform the President about the resolution of the NationalAssembly in connection with the charges brought against him.(6) Within seven days after the Special Committee of Inquiry isconstituted, it shall sit, inquire into and analyse the charges preferred against thePresident, including and affording the President an opportunity to be heard inaccordance with the procedure prescribed by the Standing Orders of the NationalAssembly.(7) As soon as possible and in any event within a period of not more thanninety days, the Special Committee of Inquiry shall submit its report to theSpeaker.(8) After the Speaker has received the report of the Special Committee ofInquiry, the report shall be tabled before the National Assembly in accordancewith the procedure prescribed by the Standing Orders of the National Assembly.(9) After the report of the Special Committee of Inquiry is submittedpursuant to subarticle (8), the National Assembly shall debate the report andafford the President the opportunity to be heard and by votes of not less than twothirds majority of all the Members of Parliament, the National Assembly shallpass a resolution that either the charges against the President have been provedand that he is unworthy of continuing to hold the office of President, or thecharges have not been proved.(10) In the event the National Assembly passes a resolution that thecharges against the President have been proved and that he is unworthy ofcontinuing to hold the office of President, the Speaker shall inform the Presidentand the Chairman of the Electoral Commission about the resolution whereuponthe President shall be obliged to resign before the expiry of three days from theday the National Assembly passed the resolution.(11) In the event the President ceases to hold the office of President byreason of the charges against him being proved he shall not be entitled to receiveany payment by way of pension or to receive any benefits.
Duty ofprincipalleaders oforgans withexecutivepower topreserve Union​
46B.​
-(1) Without prejudice to the duty of every citizen which isstipulated in Article 28 of this Constitution, the principal executive leaders of theorgans vested with executive powers in the United Republic mentioned in Article4 of this Constitution shall, each one of them in the exercise of the powersconferred by this Constitution or the Constitution of Zanzibar 1984 have the duty34
Act No.12of 1995Art.5​
to ensure that he protects, strengthens and preserves the unity of the UnitedRepublic.(2) For the purposes of the provisions of subarticle (1), each of theprincipal leaders of the organs vested with executive powers of the UnitedRepublic shall, before assuming office in accordance with this Constitution, takeoath to defend and preserve the unity of the United Republic in accordance withthis Constitution.(3) The principal leaders to whom the provisions of this Article apply are:(a) the President of the United Republic;(b) the Vice-President of the United Republic;(c) the President of Zanzibar; and​
(d) the Prime Minister of the United Republic.
 
Nadhani kwa miaka hii kumi ni kazi ya Rais ni Kupanda Ndege na kuzurura kuomba misada hewa! na kuiibia Jamhuri ya muungano kwa kupitia mipango ya dharura ya Umeme na Kutorosha wanyama Pori
 
Kuzurura, kuoa oa, kwenda kubembea ulaya, kucheka cheka, kufilisi hazina na....
 
Kuwasafisha na kuwapa zawadi kina masaburi el, chenge, kufuturisha manyarubange na kina sheikh naniliu enzi zao heheee na aaaaaa aha hebu nnyamaze wasije kunibabu seya buree
 
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