A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviors, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale for suspending rights and freedoms, even if guaranteed under the constitution. Such declarations usually come during a time of natural or man made disaster, during periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict. Justitium is its equivalent in Roman law.
In some countries, the state of emergency and its effects on human rights and freedoms and governmental procedure are regulated by the constitution and/or a law that limits the powers that may be invoked. Rights and freedoms may be suspended during an emergency, for instance, freedom of movement, but not non-derogable rights. In many countries it is illegal to modify the emergency law or the constitution during the emergency.
Ubaya wa hii kitu ikitumika vibaya inaweza kuathiri hata demokrasia pia kwa kuzuia shughuli za siasa za kivyama.
Extraordinary Powers of the State Authority
Article 31
(1) Apart from the provisions of Article 30(2), any law enacted by Parliament shall not be void for the reason only that it enables measures to be taken during a state of emergency or in normal times in relation to persons who are believed to engage in activities which endanger or
prejudice the security of the nation, which measures derogate from the provisions of Articles 14 and 15 of this Constitution.
(2) It is here by prohibited to take any of the measures referred to in sub-article (1) of this Article in pursuance of any law during a state of emergency or in normal times in relation to
any person, save only to the extent that they are necessary and justifiable for dealing with the situation that exists during the state of emergency, or in normal times dealing with the situation created by the conduct of the person concerned.
(3) it is hereby declared that the provisions of this Article shall not authorize the deprivation of a person's right to live save only for deaths resulting from acts of war.
(4) In this and the following Articles of this Part, state emergency means any period during which the Proclamation of State of Emergency made by the President in the exercise of the
powers conferred on him by Article 32, is in force.
Article 32
(1) Subject to this Constitution or to any law enacted by Parliament in that behalf, the President may proclaim a state of emergency in the United Republic or in any part thereof.
(2) The President may proclaim a state of emergency only if-
(a) the United Republic is at war; or
(b) there is real danger that the United Republic is about to be invaded and to be in a state of war; or
(c) there is actual situation of breakdown of public order or non-existence of public security in the United Republic or in any part thereof such that it is necessary to take extraordinary measures to restore order and security; or
(d) there is a clear and grave danger such that the breakdown of public order and the cessation of public safety in the United Republic or any part thereof are inescapable except by invoking the extraordinary powers; or
(e) there is imminent occurrence of danger, disaster or environmental calamity which threatens the society or part thereof in the United Republic or,
(i) there is some other kind of danger which clearly constitutes a threat to the state.
(3) In the event a state of emergency is proclaimed in relation to the whole of the United Republic, or to the whole of Mainland Tanzania or the whole of Tanzania Zanzibar, the President shall forthwith transmit a copy of the proclamation to the Speaker of the National Assembly who, after consultation with the Leader of Government Business in the National Assembly shall convene a meeting of the National Assembly within not more than fourteen
days, to consider the situation and decide, whether to pass or not to pass a resolution, which has to be supported by the votes of not less than two thirds of all members, in support of the proclamation of a state of emergency issued by the President.
(4) Parliament may enact a legislation providing for times and procedures which will enable certain persons in charge of Government functions in specified areas of the United Republic to request the President to exercise the powers conferred on him by this Article in relation to any of those areas where there exists any of the situations specified in paragraphs (c), (d) and (e) of sub-article (2) and such situation does not extend beyond the boundaries of such areas, and also for the purpose of specifying the exercise of executive during a state of
emergency.
(5) A proclamation issued by the President pursuant to this Article shall cease to have effect-
(a) if it is revoked by the President;
(b) if fourteen days lapse from the date of the proclamation without there being passed the
resolution referred to in sub-article (3);
(c) after the lapse of a period of six months from the date of the proclamation; save that a sitting of the National Assembly may, before the expiration of the period of six months, extend from time to time the period of the operation of the proclamation for further periods of six months by a resolution passed by votes of not less than two-thirds of all the members present;
(d) at any time when a meeting of the National Assembly revokes the proclamation by a
resolution supported by votes of not less than two-thirds of all the members.
(6) For the avoidance of doubt in the interpretation or application of the provisions of this article, the provisions of legislation enacted by Parliament and of any other law, concerning the proclamation of a state of emergency as provided for in this Article shall apply only to the part of the United Republic in respect of which the state of emergency has been proclaimed.
