619
Supplement to the Tanganyika Gazette, Vol. XLII, No. 59 

dated the 1st December, 1961

Government Notice No. 415 published^on 1/12/61

STATUTORY INSTRUMENTS

. 1961 No. 2274
EAST AFRICA

TJIE TANGANYIKA (CONSTITUTION) ORDER
• • IN COUNCIL, 1961

Made ... '....................................... 27 th November, 1961• «.
Laid before Parliament ............... 28th November, 1961

. Coming into operation ... ... Immediately before
- . the 9th December,

. . * . • ' 1961.

At the Court of Saint lames, the twenty-seventh day of November, 1961 
* Present, 1

• * Her Majesty Queen Elizabeth -The Queen Mother. 
Her Royal Highness The Princess Margaret, Countess 
• of Snowdon.

Uord President -Lord Carrington. „
Earl of Perth. Mr. Secretary’Amery.

Whereas Her Majesty, ?n pursuance of the Regency Acts, 1937 to 
1953, was pleased, by Letters Patent dated the eighth day of November, 

, 1961, to delegate to the following Counsellors of State (Subject to the 
exceptions hereinafter mentioned) or any two or more of them, that 
is tf> say, His .Royal Highness *Prince  Philip, Duke of Edinburgh, 
Her Majesty Queen Elizabeth The Queen Mother, Her Royal Highness 
The Priifcess Margaret, Countess of Snowdon, His Royal Highness 
The Duke of Gloucester, His Royal Highness *The  Duke of Kerft and 
Her Royal Highness The Princess Alexandra of Kent, full power and 
authority during the period of Her Majesty’s absence from the United 
Kingdom to summon and hold on Her Majesty’s behalf Her <*rivy  
Council and to signify thereat Her Majesty’s approval for anything 
for which Her Majesty’^approval in Council is required:

And whereas Her Majesty was further pleased to except from the 
number of the said Counsellors of State His *Royal  Highness Prince 
Philip, Duke of Edinburgh, and Her Royal Highness The Princess 
Alexandra of Kent while absent from the United Kingdom:

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother 
and Her Royal Highness The Princess Margaret, Countess of 
Snowdon, being authorized thereto by the said Letters Patent and in 
exercise of the powers conferred on Her Majesty by the Foreign 
Jurisdiction Act, 1890(a), and of all other powers enabling Her

(a) 53 and 54 Viet. c. 37.



6S0 Tanganyika (Constitution) Order in Council, 1961

G.N. No. 415 (contd.)
Majesty in that behalf, do hereby, by and with the advice of Her 
Majesty’s Privy Coimcil, on Her Majesty’s behalf order, and it is 
hereby ordered, as follows:—

citation, 1.—(i) This Order may be cited as the Tanganyika (Constitution)
Order in Council, 1961.

construe- (2) This Order shall comtf into operation immediately before the 
ninth day of December, 1961: ,

Provided that where the Governor-General *has  power by or under 
this Order to make any appointment, to make any order or to do any 
other thing for the purposes of this Order, that power may be exercised 
by the Governor and Commander-in-Chief of Tanganyika at any time 
after the twenty-eighth day of November, 1961,. to such extent as m^y, 
in his opinion, be necessary or expedient to enable the Constitution 
established by this Order to function as from the ninth day of December, 
1961.

(3) Save where the context otherwise requires, expressions used in 
sections 1 to 13 (inclusive) of this Order and in the First Schedule 
thereto have the same meaning as in the Constitution set out in the 
Second Schedule to this Order and the provisions of section  89 of tfiat 
Constitution shall apply for the purposes of interpreting those sections 
and the First Schedule as they apply for the purpcses of interpreting 
that Constitution. , e

*

Revoca- 2. Subject to the provisions of section 6 of this Order, the Orders in 
tions Council specified in Part 1 of the First Schedule to this Order (herein­

after referred to as “the existing Orders”) are revoked. '
•

Establish- 3. Subject to the provisions of this Order, the Constitution of 
gent of Tanganyika set out in the Second Scheduled to this Order (hereinafter
tionS"U referred to as “the Constitution”) shall come into effect in Tanganyika

at the commencement of this Order.

Existing 4.—(1) Subject to the provisions fit this section, the operation of
laws the existing laws after the commencement of this Order shall not be 

affected by the revocation of the existing Orders but the existing laws 
shall be construed with,such modifications, adaptations, qualifications 
and exceptions as may be necessary to bring them into conformity 
with this Cftder.

(2)*The  Governor-General may by order made at any time before 
the nitith day of June, 1962, make such amendments to any existing 
law as may appear to him to be necessary or^expedient for bringing*  
that law into conformity with the provisions of this Orcler or otherwise 
for giving effect or enabling effect to be given to those provisions.

(3) Where any matter that falls to be prescribed or otherwise pro­
vided for under this Order by Parliament or by any other authority or 
person is prescribed or provided for by or under an existing law 
(including any amendment to any such law made under this section) 
or is otherwise prescribed or provided for, immediately before the 
comnjencement of this Order, by or under the existing Orders, that 
prescription or provision shall, as from the commencement of this 
Order, have effect as if it had been made under this Order by Parlia­
ment or, as the case may be, by the other authority or person.



Tanganyika (Constitution) Order in Council, 1961 621,
G.N. No. 415 (contd.)

(4) The provisions of this section shall be without prejudice to any 
powers conferred by this Order upon any person or authority to make 
provision for any matter, including the amendment or repeal of any 
existing law. • • •

(5) For the purposes, of this section, the expression “the existing 
laws” means £11 Ordinances, laws, rules, regulations, orders and other 
instruments having the effect of law made or having effect as if they 
had been made in pursuance of the existing Orders and having effect 
as part of the law of Tanganyika or any part thereof immediately before 
the commencement of this Order.

5.— (1) Where any office has been established by or under the Existing 
existing Orders or any existing law or the Tanganyika Royal Instruc- ° cers 
tioift, 1961, and the Corfctitution establishes a similar or an equivalent 
office (not being the office of Prime Minister or other Minister or 
Parliamentary Secretary), any person who, immediately before the 
commencement of this Order, holds or is acting in the former office 
sh^ll, so far as is consistent with the provisions of this Order, be deemed 
as from the commencement of this Order to have been appointed to or 
to q£tin  the^latter»office in accordance with the provisions of this Order 
and to have taken any necessary oath under this Order:

*

Provided that any person who under the existing Orders, any existing 
law or the Tanganyika Royal Instructions, 1961, would have been 
required to vacate his office at the expiration of any period or on the 
attainment of any age shall vacate his office at the expiration of that 
period or ugon the attainment of that age.

(2) The«pers<jn holding the office of Attorney-General immediately 
before the commencement of this Order shall, until he ceases to hold 
that office, also hold the office of Director oT Public Prosecutions, and 
upon his ceasing to hold the former  office he shall (without prejudice 
to his eligibility for re-appointment) also cease to hold the latter office.

*

(3) So long as the offices of Attorney-General and Director of Public 
Prosecutions are .held, by virtue «f subsection (2) of this section, by 
the same person, the provisions of section 71, subsections (3) to (7) 
(inclusive^ of section 79 and subsection (3) of section 84 of the Con­
stitution shall not apply in relation to that persoiwin his office as Director 
of Public Prosecutions.

(4) The provisions of this section shall be without prejudice to— 
(af the provisions of section 6 of this Order; and *

• (b) any powers conferred by or under this Order upon any person 
or authority to rflake provision for the abolition of offices and 
the removal of persons holding or acting in any office.

(5pln this section ^“existing law” means such a law as is referred 
to in subsection (5) of section 4 of this Order.

6.—(1) The National Assembly established by the existing Orders National 
(in this section and in the First Schedule to this Order referred to as Assemb,y 
“the existing National Assembly”) shall be the National Assembly 
during the period beginning with the commencement of this Order, and 
ending with the first dissolution of Parliament thereafter (in this section 
and in the First Schedule to this Order referred to as “the interim 
period”).



622 ___________ Tanganyika (Constitution) OrjJer in Council, 1961
G.N. No. 415 (contd.)

(2) Subject to the provisions of subsection (6) of section 40 of the 
Constitution, Parliament shall, unless sooner dissolved, stand dissolved 
on the date on whiter the existing National Assembly would have been 
requires by the existing Orders to be dissolved. • •

(3) Subject to the provisions of subsections  (4) and (9) of this section, 
during the interim period the provisions of the  Constitution mentioned 
in Part II of the First Schedule to this Order shall  not have effect, the 
provisions set out in Part III of that Schedule shall have effect in 
lieu thereof and the provisions of the Constitution mentioned in 
column 1 of Part IV of that Schedule shall have effect subject to 
the modifications specified in column 2 of that Part.

*
*

*

(4) In any election to the National Assembly held during«the interim 
period after the first day of July, 1963, or stich earlier date as rfiay 
be prescribed by Parliament, section 20 of the Constitution shall have 
effect with respect to the qualifications and disqualifications of persons 
for registration as voters for the purposes of elections to the National 
Assembly and with respect to the qualifications and disqualifications of 
persons for voting in such elections and subsection (2) of section 17 of 
the Constitution shall have effect with respect to the holding of spch 
elections.

(5) The persons who, immediately before the commencement of this 
Order, are members of the existing National Assembly shall continue 
to be members of the National Assembly after the commencement of  
this Order and as from that time shall be deemed to have been elected 
or appointed thereto in pursuance of the provisions of the Constitution 
then having effect (including any modifications to those ^provisions 
specified in Part IV of the First Schedule to this Order an® any provisions 
having effect in lieu of t+iose provisions set out in Part III of that 
Schedule) and shall hold their $eats in lhe National Assembly in 
accordance therewith. ,

*

(6) The person who, immediately before the commencement of this' 
Order, is Speaker of the existing National Assembly .shall continue to 
be Speaker of the National Assembly after the commencement of this 
Order and as from that time shall be deemed to have been elected as 
such in pursuance of segtion 22 of the Constitution and shall hold office 
in accordance with the provisions of that section except that he shall 
not vacat? his office as Speaker by reason only that he is or becomes 
disqualified‘for election as a member of the National Assembly. e

(7)’Any law in force immediately befor’e the commencement of thij 
Order that makes provision for determining .gr regelating the privi­
leges, immunities or powers of the existing National Assembly or its 
members shall, except «as may be otherwise provided by Parliament, 
continue to apply after the commencement of thi*  Order in relatidh to 
those matters (and references therein to a member of the National 
Assembly shall, except as aforesaid, be construed as including 
references to any person who is not such a member but who holds the 
office of Speaker) but any such law shall be construed with such 
modifications, adaptations, qualifications and exceptions as may be 
necessary to bring it into conformity with this Order; and the power 
conferred on the Governor-General by subsection (2) of section 4 of 
this Order shall include power to amend any such law.



 Tanganyika (Constitution) Order in Council, 1961 621

G.N. No. 41-5- (contd.y
(8) The Standing Orders of the existing National Assembly as in 

force immediately before the commencement of this Order shall, except 
as may be otherwise provided by the National Assembly, continue to 
be the Standing Orders of the National Assembly after the commence­
ment of this Order but Shall be construed with such modifications, 
adaptations, flualificatidhs and exceptions as may be necessary to bring 
them into conformity with this Order. •

(9) Any provision "of this section or of the First Schedule to this 
Order whereby any provision of the Constitution shall not have effect 
during any period or shall, have effect during that period subject to 
modifications or whereby other provision shall have effect in lieu thereof 
during tha^ period shall not operate with respect to the exercise during 
tha  period of any function for the purposes of elections to the National 
Assembly that are to be held after the expiration of that period.
*

•(10) The Electoral Commission, acting with the approval of the 
National Assembly signified by resolution, shall, as soon as may be 
after the commencement of this Order and not later than the ninth 
day of December, 1962, prescribe, in accordance with the provisions 
of section 26 of Hie Constitution, the boundaries of the constituencies 
into which Tanganyika shall, subject to any alteration of those con­
stituencies made under that section and to the provisions of sub­
section (11) of this*section,  be divided as from the expiry of the interim 
period.

(11) If Parliament is dissolved before the boundaries of the con­
stituencies • are prescribed under subsection (10) of this section, 
Tanganyite shall, as from the expiry of the interim period and until 
such prescription is duly made and comes into effect, be divided into 
the same constituencies as during the intend! period, each constituency 
returning the same number of members as during that period; and, 
without prejudice to the provisions of subsection (2) of section 4 of this 

•Order, the Governor-General may by order make such provision, includ­
ing ftie amendment of any law, as may appear to him to be necessary or 
expedient for enabling elections t8 the National Assembly to be held 
in those constituencies.

(12) The power conferred on the Govern or-G»neral by subsection (11) 
of this section shall be without prejudice to the power of Parliament to 
make provision with respect to the same matter.

7.*The  Emergency Powers, Orders in Council, 1939 to 1961(a)’shall Emergency 
aease to have effect as part of the law of Tanganyika on tlie ninth day order?in 
of June, 1963, or*$uch  aeclier date as Parliament may prescribe. Council,

1939 to 1961
8.—(1) Any proceedings pending immediately, before the commence-Hjgh Court 

menf of this Order before Her Majesty’s High Court of Tanganyika 
established by the existing Orders may be continued after the com­
mencement of this Order before the High Court established by the 
Constitution.

(2) The number of puisne judges of the High Court shall, until 
Parliament otherwise prescribes under subsection (2) of section S8 of 
the Constitution, be seven.

(a) See S.I. 1952 I, at p. 621; S.I. 1956/731 ; 1959/1310, 2205; 1961/61 (1956 I,
p. 512; 1959 II, pp. 1996, 1998).



624 Tanganyika (Constitution) O[der in Council, 1961

G.N. No. 415 (contd.)
Transi­
tional pro­
visions 
relating to 
existing 
Commissions

Compulsory 
retirement 
to facilitate 
appointment 
of local 
candidates

9.—(1) Any power that, immediately before the commencement of 
this Order, is vested in a Commission established by the existing Orders 
(in this section refeifed to as “an existing Commission”) and that, under 
the existing Orders, is then delegated to some other person or authority 
(or is then authorized in pursuance of such*  delegation to be exercised 
by some other person or authority) shall, as from the commencement 
of this Order, be deemed t<a have been delegated to (or *authorized  as 
aforesaid to be exercised by) such person or authority in accordance 
with the provisions of the Constitution. • *

(2) Any matter that, immediately before the commencement of this 
Order, is pending before an existing Commission shall be continued 
before the corresponding Commission established by the Constitution, 
and any matter that, immediately before the commencement of this 
Order, is pending before a person or authority to whom power to Seal 
with such matter has been delegated by an existing Commission (or who 
has been authorized in pursuance of such a delegation to deal with 
that matter) shall be continued before that person or authority:

Provided that where the hearing of a disciplinary proceeding has 
begun but has not been completed immediately before the commence­
ment of this Order, the continued hearing shall rfbt be*held  before 
any person unless the hearing that has already taken place was also 
held before him; and where, by virtue of this proviso, the hearing 
cannot be continued, it shall be recommenced.

10.—(1) Any provision of the Constitution that relates to the 
removal of a public officer from office shall be without prejudice to—

(a) the provisions of paragraph 5 of the Schedule to the Tanganyika 
(Compensation and Retiring Benefits) Order in (Sounal, 1961(a), 
(which paragraph provides for the compulsory retirement of 
certain public officers for tlje purposS of facilitating the appoint­
ment of local candidates);

(b) any law that provides for the compulsory retirement of non-' 
designated officers for the purpose aforesaid; and e

(c) the provisions of subsection (2) of this section. •*
(2) If the Prime Minister so requests, the authorities havlhg power 

to make appointment  in any branch of the public service shall 
consider jvhether there are more local candidates suitably qualified 
for appointment to, or promotion in, that branch than there are 
vacancies in that branch that could appropriately be filled by ^uch 
localcandidates;  and those authorities, <f satisfied that such is the 
case, shall, if so requested by the Prime Minister, select officers ih 
that branch to whom this subsection applies  and ^vhose retirement 
would in the opinion ,of those authorities cause vacancies that could 
appropriately be filled by such suitably qualified local candidates as 
are available and fit for appointment and inform the Prime Minister 
of the number of officers so selected; and if the Prime Minister 
specifies a number of officers to be called upon to retire (not exceeding 
the number of officers so selected), those authorities shall nominate 
that number of officers from among the officers so selected and by 
notice in writing require them to retire from the public service; 
and any officer who is so required to retire shall retire accordingly.

*

*

*

(a) S.I. 1961/2037.



Tanganyika (Constitution) Order in Council, 1961 625

G.N. No. 415 (contdi}
(3) Subsection (2) of this section applies to any overseas officer 

who, after the commencement of this Order, is appointed to any public 
office (otherwise than on promotion or transfer from another public 
office) and who is notified at the time of his appointment .that this 
subsection ftnl apply to hjm.

(4) In this section—*
“non-designjted officer” means an*officer,  not being a designated 

officer for the purposes of the Overseas Service (Tanganyika) 
Agreement, W61—
(a) who was, before the first day of January, 1961, appointed 

or selected’for appointment to an office which was a 
pensionable office for the purposes of any law providing 
for the grant of pensions, gratuities or other like allow­
ances to persons in respect of their service in the public 
service;

(b) who was, on the first day of July, 1961, the substantive 
holder of an office which was a pensionable office as 
aforesaid;

(c) whose terms of service on the first day of July, 1961, 
• included a right to free passages to a country other than 

Tanganyika, Kenya, Uganda or Zanzibar for the purpose 
of jiormal vacation leave; and

(d) in the case of an officer whose appointment is subject to 
confirmation, who has been confirmed in that appoint­
ment; and

“overseas officer” has the meaning attributed to that expression
• in the Schedule to the Tanganyika (Compensation and 

Retiring Benefits) Order in Council, 1961,
11.—(1) If any Commission established by the Constitution decides Appeals 

to give such concurrence as is required under subsection (1) or sub- Board 
section (2) of section 84 of the Constitution in respect of any benefits 
to which that section applies that may be granted or that have been 
granted to or in respect of an ogicer to which this section applies, or if 
any such Confmission makes any other decision the effect of which is 
that a»y such benefits cannot be granted to or in respect of such an 
officer, the Commission shall cause to be d^ivered to the officer con­
cerned (or to his personal representatives) a written notice of its decision, 
stating the time, not being less than fourteen days from*the  date on 
wgich the notice is delivered, within which he (or his personal representa­
tives) may apply to the Cpmmission for the case to be referral to an

• Appeals Board.
(2) Any sucfi deciSibn of a Commission shall not have effect until 

the expiry of the time stated in the notice, and if application is duly 
'made within that tjme for the case to be referred to an Appeals Board, 
the decision shall not have effect until the final determination of the 
case under this section and except to the extent authorized by such 
determination:

Provided that the Commission may, pending the expiry of the time 
stated in the notice or pending the final determination of the case 
under this section—

(a) suspend the payment of any benefits to which the decision that 
is the subject of the reference to the Appeals Board relates; and



626 Tanganyika (Constitution) Order in Council, 1961
G:N. No. 415 (contd.)

(b) suspend the officer concerned from the exercise of the functions 
of his office.

(3) If application is duly made within the time stated in the notice 
for the ’case to be referred to an Appeals Board, tha Commission 
shall notify the Prime Minister in writing of .that application, and the 
Prime Minister shall then appoint an Appeals Beard of three members, 
consisting of— •

(a) one member selected by the Prime Minister;
(b) one member selected by an associationrepresentative  of public 

officers or by a professional body, nominated in either case by the 
applicant; and

*

(c) one member selected by the two other members jointly, who shall 
be the Chairman of the Board. e  #*

(4) The Appeals Board shall enquire into the facts of the case 
and for that purpose shall hear the applicant if he so requests iq 
writing, and shall hear any other person who, in the opinion of the 
Board, is able to give the Board information on the case, and the 
Board shall have access to, and shall consider, all documents that 
were available to the Commission and shall also consider any further 
document relating to the case that may be produced by or  on behalf 
of the applicant or the Commission.

*

(5) After the Appeals Board has completed its consideration of the 
case, the Board shall advise the Commission whether the decisidh of 
the Commission that is the subject of the reference to the Board 
should be confirmed, reversed or modified and the Commission shall 
act in accordance with such advice.

(6) Where power to remove the holder of an office from his office is 
vested by the Constitution In some person gr authority other than a 
Commission, then, in relation to anj  officer to whom this section applies 
and who holds such an office, this section shall have effect as if for the 
reference to a decision of a Commission the effect of which is that any 
benefits cannot be granted to or in respect of that officer there wgre 
substituted a reference to a decision having that effect 13ken by the said 
person or authority. »

*

(7) The officers to whom this section applies are any officers who 
are liable to compulsory retirement under any such provision as is 

. referred toin  paragraph (a) or paragraph (b) of subsection (1) of 
section^lO of this Order (which paragraphs refer to certain provisions 
for the»compqlsory retirement of officers foi  the purpose of facilitating 
the appointment of local candidates).

*

*
• • •

Amendment 12. Section 7 of the King’s African Rifles Order in Council, 1960(a), 
African8 and anY order made .under that section by the Governor and 
Rifles Order Commander-in-Chief of Tanganyika shall cease ^to have effect *in  
19M°unC11’ Tanganyika.
Alteration 13. Parliament may alter any of the foregoing provisions of this 
Order8 Order or this section or the First Schedule to this Order in the same 

it ma^ a^ter th® provisions of the Tanganyika Independence

________ _________ W. G. Agnew.
(a) 1960/1054.



Tanganyika (Constitution) Order in Council, 1961 6%7

G.N. No. 415 (contd.)
THE FIRST SCHEDULE

Part I
• (Section 2)

a • Orders in Council Revoked by this Order

The Tanganyika Order in Council, 1920(a).
The Tanganjgka (Legislative Council) Order in Council, 1926(b).
The Tanganyika Ordgr in Council, 1939(c). •
The Tanganyika (Legislative Council) Amendment Order in Council, 1945(d).
The Tanganyika (Legislativ? Council) Amendment Order in Council, 1948(e).
The Tanganyika Order in Council, 1948(f).
The Tanganyika (Legislative Ccfuncil) Amendment Order in Council, 1949(g).
The Tanganyika Order in Council, 1949(h).
The Tanganyika (Legislative Council) Amendment Order in Council, 1953(1).
The Tanganyika (Legislative Council) (Amendment) Order in Council, 1955(j).
The Tanganyika Order in Council, 1955(k).

• The Tanganyika (Legislative Council) (Amendment) Order in Council, 1957(1).
The Tanganyika (Legislative Council) (Amendment) Order in Council, 1958(m).

e The Tanganyika Order in Council, 1959(n).
The Tanganyika (Legislative Council) (Amendment) Order in Council, 1959(o).
The Tanganyika (Legislative Council) (Amendment) Order in Council, 1960(p).
The Tanganyika (Legislative Council) (Amendment No. 2) Order in Council, 1960(q).
The Tanganyika Order in Council, 1960(r).
The Tanganyika (Legislative Council) (Amendment No. 3) Order in Council, 1960(s).

»Th<t Tanganyika Order in Council, 1961(f).
The Tanganyika (Legislative Council) (Amendment) Order in Council, 1961(u).
The Tanganyika (No. 2) Order in Council, 1961(v).
The Tanganyika (Legislative Council) (Amendment No. 2) Order in Council, 1961(w).

* • Part II
• (Section 6 (3))

Provisions of Constitution which shall not have effect
• DURING INTERIM PERIOD

Subsection (2) of section 17, sections 18, 19, 20 and 21 and subsections (1) to (7)
(inclusive) of section 26.

(a) S.R. & O. 1920/1583 (Rev. VIII, p. 266 : 1920 I, p. 685).
(b) S.R»& O. 1926/991 (Rev. VIII, p. 278 : 1926, p. 576).
(c) S.R. & O. 1939/875 (Rev. VIII, p. 266 : 1939 II, p. 1698).
(d) S.R. & O. 1945/1371 (Rev. VIII, p. 278 : 1945 I, p. 110).
(e) S.I. 1948/105 (Rev. VIII, p. 278 : 1948 I, p. 1354).
(f) S.I. 1948/2066 (Rev. VIII, p. 266 : 1948 I, p. 1353).
to S.I. 1949/2191 (1949 I, p. 1888).
(ff) S.I. 1949/2192 (1949 I, p. 18^0).

. (i) S.I. 1953/1208 (1953 II, p. 2271).
(j) S.I. 1955/430 £1955 I,#1,689).
(k) S.I. 1955/1216 (1955 I, p. 688).
(1) S.I. 1957/1875 (1957 I, p. 665).
(r») S.I. 1958/592 (1958-11, p. 996).
(n) S.I. 1959/1047 (1959 I, p. 985).
(o) S.I. 1959/1048 (1959 I, p. 988).
(p) S.I. 1960/206.
(q) S.I. 1960/1058.
(r) S.I. 1960/1373.
(s) S.I. 1960/1374.
(t) S.I. 1961/738.
(u) S.I. 1961/740.
(v) S.I. 1961/1190.
(w) S.I. 1961/1191.



628 Tanganyika (Constitution) Ortner in Council, 1961

G.N. No. 415 (contd.)
. Part III

. . (Section 6 (3))
Provisions which sjjall have effect during the interim period in lieu of

THE PROVISIONS SPECIFIED IN PART II OF THIS SCHEDULE
1. The constituencies into which Tanganyika shall be divided fortke  purposes of 

elections to the National Assembly shall be those into which it is divided under existing 
law for the purposes of elections to the existing National Assembly.

*

2. Eleven of the seats in the National Assembly (excluding the seaft of nominated 
members) shall be reserved for canaidates who are Asians and»ten such seats shall be 
reserved for candidates who are Europeans.

3. The allocation of seats to constituencies (including the seats which are reserved 
for candidates who are Asians and the seats which are reserved for candidates who are 
Europeans) shall be the same as the allocation of seats which is in force under existing 
law for the purposes of elections to the existing National Assembly.

4. The law regulating the qualifications and disqualifications of persons for election to 
the National Assembly, the tenure of seats therein of persons who have’been elected 
thereto, the qualifications and disqualifications of personsfor  registration as voters «for 
the purposes of elections to the National Assembly, the qualifications and disqualifica­
tions of persons for voting in such elections and the holding of such elections shall be 
the existing law regulating those matters with respect to elections to the existing National 
Assembly.

*

5' . Nominated members of the National Assembly shall hold their seats therein at the 
pleasure of the Governor-General, acting in accordance with the advice of the Prime 
Minister. •

6. In this Part of this Schedule “existing law” means the Tanganyika (Legislative 
Council) Order in Council, 1926, and any law made or having effect as if it had been 
made in pursuance of that Order and in force immediately before the commencement 
of this Order. •

7. Existing law shall be construed during the interim period with such modifications, 
adaptations, qualifications and exceptions as may be necessary to bring it into conformity 
with the provisions of the Constitution then having effect (including any modifications 
of those provisions specified in Part IV of this Schedule) and with the provisions of this 
Part of this Schedule then having effect; and the power conferred on t£e Governor- 
General by subsection (2) of section 4 of this Order shall include power to amend 
such law. •

Part IV •
• (Section 6 (3))

Provisions of the Constitution which shali?have effect during the 
interim period subject to*ihe specified modifications

Provisions Modifications

Section 15 ......................... ...
• • * 
The words “elected in accordance with

t

• •
section 17 of this Constitutio* ” shall be 
omitted.

Section 16 ............................................... The words “from among persons who are

____ £_______________________
qualified for election as members of the 
National Assembly” shall be omitted.

----------- !-------------------------------------- a----
•. • _ THE SECOND SCHEDULE

< (Section 37
THE CONSTITUTION OF TANGANYIKA •

Whereas recognition of the inherent dignity and of the equal and inalienable rights 
of all members of the humar*family  is the foundation of freedom, justice and peace:

And whereas the said rights include the right of the individual, whatever his race, 
tribe, place of origin, political opinions, colour, creed or sex, but subject to respect for 
the rights and freedoms of others and for the public interest, to life, liberty, security of 
the person, the enjoyment of property, the protection of the law, freedom of conscience, 
freedom of expression, freedom of assembly and association, and respect for his private 
and family life:

And whereas the said rights are best maintained and protected in a democratic 
society-where the government is responsible to a freely-elected Parliament representative 
of the people and where the courts of law are independent and impartial:

This Constitution makes provision for the government of Tanganyika as such a 
democratic society.1 «



Tanganyika (Constitution) Order in Council, 1961 $29
G.N. No. 415 (contd.) 

Chapter I '
Citizenship

1 .—(1) Every, person who, having been bom in Tanganyika, is on the eighth day of Persons who 
December, 1B6T, a citizen of the United Kingdom and Colonies or a British protected become 
person shall become a citizenof  Tanganyika on the ninth day of December, 1961: citizens on* 9th December, 

Provided tljat a person’shall not become a citizen of Tanganyika by virtue of this 1961 
subsection if neither oj his parents was bom in Tanganyika.

( 2) Every person whg, having been bom outside Tanganyika, is on the eighth day 
of December, 1961, a citizeiWof the United Kingdom and Colonies or a British protected 
person shall, if his father becomes, or would but for his death have become, a citizen 
of Tanganyika in accordance with the provisions of subsection (1) of this section, 
become,a citizen of Tanganyika on the ninth day of December, 1961.

2 .—(1) y^ny person who, but for the proviso to subsection (1) of section 1 of this Pe5.s,<?n! . 
Constitution, would be a citizen of Tanganyika by virtue of that subsection, shall be entitled to be 
entitled, upon making application before the specified date in such manner as may be registered as 
prescribed by Parliament, to be registered as a citizen of Tanganyika: citizens

i Provided that a person who has not attained the age of twenty-one years (other than 
a woman who is or has been married) may not himself make an application under this 
subsection, but an application may be made on his behalf by his parent or guardian.

’ (2) Any woman who, on the eighth day of December, 1961, is or has been married 
to a,person—
*(a) who Becomes a citizen of Tanganyika by virtue of section 1 of this Constitution; 

or’• >
(b) who,: having 4jed -before the ninth day of December, 1961, would, but for his 

death, have become a citizen of Tanganyika by virtue of that section,
•shaft be entitled, upon- making application in such manner as may be prescribed by 
Parliament, to be registered as a citizen of Tanganyika.

(3) Anyevoman who, on the eighth day of December, 1961, is married to a person 
who subsequently becomes a citizen of Tanganyika by registration under subsection (1) 
of this sfction ^hall be entitled, upon making application before the specified date in 
such manner as may be prescribed by Parliament, to be registered as a citizen of 
Tanganyika. •

•
(4) Any woman who, on the eighth da? of December, 1961, has been married to a 

person who becomes, or would, but for his death, have become, entitled to be registered 
as a citizen of Tanganyika under subsection (1) of this section, but whose marriage has 
been terminated by death or dissolution shall be entitled, upon making application 
b^ore the specified date in such mariner as may be prescribed by Parliament, to be 
registered as a citizen of Tanganyika.  <*

(5) Affy person who, on the eighth day of December, 1961, is a citizen of the United 
Kingdom and Colonies, having become such a citizen by virtue of his having been 
naturalised or registered in Tanganyika under the British Nationality Act, 1943(a), shall 
be entitled, upon making application before the specified date in suchjnanner as may 
be prescribed by Parliament, to be registered as a citizen of Tanganyika?

provided that a person who h5s not attained the age of twenty-one years (fcther than 
a woman who is or has been married) may not himself make an application^mder this 
subsection but an application may be made on his behalf by his parent or guardian.

(6) In this section “the Specified date” means—
(a) in relation to a person to whom subsection (1) pf this section refers, the ninth 
#  day of Decembej 1963;*
(b) in relation to a woman to whom subsection (3) of this section refers, the expira- 
i tion of such period after her husband is registered as a citizen of Tanganyika as

may be prescribed by or under an Act of Parliament;
(c) in relation to a woman to whom subsection (4) of this section refers, the ninth 

day of December, 1963; and
(d) in relation to a person to whom subsection (5) of this section refers, the ninth 

day of December, 1963,
or such later date as may in any particular case be prescribed by or under an Act of 
Parliament.

(a) 11 & 12 Geo. 6 c. 56



63£) Tanganyika (Constitution) Order in Council, 1961

G.N. No. 415 (contd.)
Persons 3. Every' person born in Tanganyika after the eighth day.,of December, 1961, shall
born in become a citizen of Tanganyika at the date of his birth: 
Tanganyika . c
after Provided that a person shall not become, a citizen of Tanganyika by virtue of this
8th December, section if at the time of his birth—
1961 (a) neither of his parents is a citizen of Tanganyika and his father possesses such

immunity from suit and legal process as is accorded to the envoy of a foreign 
sovereign power accredited to .Tanganyika; or •

(b) his father is an enemy alien'an^ the birth occurs in a place then under occupation 
' by the enemy. •

Persons 4. a person bom outside Tanganyika after the eighth 4ay 8f December, 1961, shall
bom outside become a citizen of Tanganyika at the date of his birth if at that date his father is a 
Tanganyika citizen of Tanganyika otherwise than by virtue of this section or subsection (2) of 

uj-ft-er section 1 of this Constitution.
oth December, 
1961

•
Marriage to 5. Any woman who, after the eighth day of December, 1961, marries a citizen fit 
Tanganyika Tanganyika shall be entitled, upon making application in such manner as may be 
citizen prescribed by Parliament, to be registered as a citizen of Tanganyika.
Dual 6,—(1) Any person who, upon the attainment of the age of twenty-one years, was a'
citizenship citizen of Tanganyika and also a citizen of some country other than Tanganyika shall, 

subject to the provisions of subsection (7) of this section, cease to be a citizen of 
Tanganyika upon the specified date unless he has renounced his citizenship of that other, 
country, taken the oath of allegiance and, in the case of a person who is a citizen of 
Tanganyika by virtue of subsection (2) of section 1 or section 4 gf this Constitution, 
made and registered such declaration of his intentions concerning residence as may be 
prescribed by Parliament.

(2) Any person who— , -
(a) has attained the age of twenty-one years before the ninth day of December, 

1961; and • ,
(b) becomes a citizen of Tanganyika on that day by virtue of the provisions of 

section 1 of this Constitution; and
(c) is immediately after that day also a citizen of some country ^>ther than 

Tanganyika », s};<
shall, subject to the provisions of subsection (7) of this section, cease to be a»citizen of 
Tanganyika upon the specified date unlessjhe-has renounced his citizensnip of that other 
country, taken the oath of allegiartte and,‘Sin the case .of a person who is a citizen of 
Tanganyika by virtue of subsection (2)- of section 1 «f this Constitution, made and 
registered such declaration of his intentions concerning residence as may be prescribed 
by Parliament. -

(3) A citizen of Tanganyika shall cease to be such a citizen if—
(a) having attained the age of twenty-one years, he acquires the citizenship of some 

country other than Tanganyika by volunfcry act (other than prarriage); or •
(b) having attained the age of twenty-one years, he otherwise acquires the citizenship 

of some country other than Tanganyika and has not, by the specified date, 
renounced his'citizenship of that other country, taken the oath of allegiance and 
made and ^registered such declaration of his intentions concerning residence as 
may be prescribed by Parliament.'

(4) Notwithstanding any other provision of this Chapter, a person who has attained 
the age of twenty-one years or who is a woman who is or has been married shall not, if 
he is a citizen of some country other than Tanganyika  be entitled to be registered a»a 
citizen of-Tanganjika unless he renounces his citizenship of that other country, takes the 
oath of allegiance and makes and registers such declaration of his intentions concerning 
residence as may be‘prescribed by Parliament.

*

(5) For the purposes of this section, where, under the law of a country other than 
Tanganyika,' a person cannot renounce his citizenship of that other country, he need not 
make such- renunciation but Ifc may instead be required to make such declaration 
concerning that citizenship as may be prescribed by Parliament*

(6) In this section “the specified date” means—
(a) in relation to a person to whom subsection (1) of this section refers, the date on 

which he attains the age of twenty-two years or the ninth day of December, 1963, 
whichever is the later;

t (b) in relation to a person to whom subsection (2) of this section refers, the ninth day 
of December, 1963; and » •

(c) in relation to a person to whom paragraph (b) of subsection (3) of this section 
refers, the expiration of one year after the date on which he acquired the citizen­
ship of the country other than Tanganyika,

or, in the case of a person of unsound mind, such later date as may be prescribed by 
or under an Act of Parliament.



Tanganyika (Constitution) Order in Council, 1,961 631:
G.N. No. 415 (contd,),

( 7) Provision may be made by or under an Act of Parliament for extending beyond 
the specified date the period in which any person may make a renunciation of citizen­
ship, take an oath or make or register a declaration for the purposes of this section, and 
if such provision is made that person shall not cease'to be acitizen  of Tanganyika upon 
the specified date but shall cease to be such a citizen upon the expiration of tiie extended 
period if he Has not then made the renunciation, taken the oath or made or registered 
the declaration, as the case may be.

*

7 .—(1) Every person whtf under this Constitution or any Act of Parliament is a citizen Common- 
of Tanganyika or under any enactment for the (jme Being in -force in any country to wealth 
which this section apjflies is a citizen of that country shall, by virtue of that citizenship, citizens 
have the status of a Conymonwealth citizen. . .

(2) Every person who is*a  British subject without citizenship under the British 
Nationality Act, 1948(a), or who continues to be a British subject under section 2 of 
that Act shall, by virtue of that status, have the status of a Commonwealth citizen.

(3) Save as may be otherwise provided by Parliament, the countries to which this 
section applies are the United Kingdom and Colonies, Canada, Australia, New Zealand, 
India, Pakistan, Ceylon, Ghana, the Federation of Malaya, the Federation of Nigeria, 
tte Republic of Cyprus, Sierra Leone, the Federation of Rhodesia and Nyasaland, and 
the State of Singapore.

8.—(1) A Commonwealth citizen who is not a citizen of Tanganyika, or a citizen of Criminal 
•the Republic of Ireland who is not a citizen of Tanganyika, shall not be guilty of an liability 
offence against any law in force in Tanganyika by reason of anything done or omitted of Common­
in any part of the Commonwealth other than Tanganyika or in the Republic of Ireland wealth 
•ar in any foreign country unless— citizens

(a) the act or omission would be an offence if he were an alien; and
Jb)*  in the case o4 an act or omission in any part of the Commonwealth or in the 

Republic of Ireland, it would be an offence if the country in which the act was 
done or omission made were a foreign country.

(2) In this section “foreign country” means a country (other than the Republic of 
Ireland) that is not part  of the Commonwealth.*
• 9.-*-(l)  Parliament may make provision for the acquisition of citizenship of Tanganyika Powers of 
by persons who are not eligible or are no longer eligible to become citizens of Tanga- Parliament 
nyika under the provisions of this Chapter.

(2) Parliament may make provision for depriving of his citizenship of Tanganyika 
any person who is a citizen of Tanganyika otherwise than by virtue of subsection (1) of 
section 1 «r section 3 of this Constitution. -

(3) Parliament may make provision for thefrenunciation by any person of his citizen­
ship of Tanganyika. "“WT'*-*

10.—(1) In this Chapter • . Interpretation
“alien” means a pgrson who is not a Commonwealth citizen, a British protected person

or a citizen of the Republic of Ireland;
“British protected person” means a person who is a British protected person for the 

purposes of the British Nationality Act. 1948.
(2) For the purposes of this Chapter, a person bom aboard a registered ship or 

aircraft, or aboard an unregistered ship or aircraft of the government of any country, 
shall be "deemed to have been bom in the place in which the ship or aircraft was 
registered or, as the case may be, in that country. # ' •

(3) Any reference in this Chapter to the national, status of the father of a person at 
the time of that person’s birth shall, in relation td'a',,person bom'after'tiie death of his 
father, be constmed as a reference to the national status of the father at the time of the 
father’s death; and where that d»ath occurred before the ninth day of December, 196*  
ana the birth occurred after the eighth day of December, 1961, the national status that 
the father would have had if heffiad died on the ninth day of December, 196^ shall be 

* deemed to be his national status at the time of his death.
• •• Chapter II

The Governor-General
bl- There shall be o. Governor-General and Commander-in-Chief who shall be 

appointed by Her Ma" sty and shall hold office during Her Majesty’s pleasure and 
who shall be Her Majesty’s representative in Tanganyika.

12. A person appointed to the office of Governor-General shall, before entering upon 
that office, take and subscribe the oath of allegiance and such oath for the due execution 
of his office as may be prescribed by Parliament.

13. Whenever the office of Governor-General is vacant or the holder of the office is 
absent from Tanganyika or is for any reason unable to perform the functions con­
ferred on him by this Constitution, those functions shall be performed by such person 
as Her Majesty may appoint or, if there is no person in Tanganyika so appointed and 
able to perform those functions, by the Chief Justice.

11 & 12 Geo. 6. c. 56.

Establishment 
of office of 
Governor- 
General
Oaths to be 
taken by 
Governor- 
General 
Discharge 
of Governor- 
General’s 
functions 
during 
vacancy, etc



632 Tanganyika (Constitution) Ordgf in Council, 1961
G.N. No. 415 (contd.)

Establish­
ment of 
Parliament
National 
Assembly

Nominated 
members

Elected 
members

Qualifications 
for election 
to National 
Assembly

Disqualifica­
tions for 
election to 
National 
Assembly

Chapter III 
Parliament 

• Part 1
• Composition of Parliament « e - ■

14. There shall be a Parliament which shall consist of Her Majesty and the National 
Assembly. a

15. The National Assembly shall cSnsist of the following members, that is to say—
(a) elected members elected in accordance with section IX of this Constitution; 

and •
(b) until Parliament otherwise provides, nominated members appointed in accordance 

with section 16 of this Constitution.
16. The nominated members of the National Assembly shall consist of such members 

(whose number shall not exceed ten) as may be appointed by the Governor-General, 
acting in accordance with the advice of the Prime Minister from among persons who 
are qualified for election as members of the National Assembly.

17. —(1) Until Parliament otherwise provides, there shall be seventy-one elected mem­
bers of the National Assembly. <

(2) Subject to the provisions of this Constitution, the elected members of the National 
Assembly shall be elected in such manner as may be prescribed by or under any law.

18 . Subject to the provisions of section 19 of this Constitution, any person who—
(a) is a citizen of Tanganyika; • » •
(b) has attained the age of twenty-one years; and
(c) is able to speak and, unless incapacitated by blindness or other physical cause, to 

read the English language with a degree of proficiency sufficStent to enable him to 
take an active part in the proceedings of the National Assembly,

shall be qualified for election as a member of the National Assembly, and .no other 
person shall be so qualified.

19 .—(1) No person shall be qualified for election as a member of tl» National 
Assembly—

(a) if he is under a declaration of allegiance to some country other than Tanganyika;
(b) if, under any law in force ineTanganyika, he is adjudged or otherwise declared to 

be of unsound mind; ' •
(c) if he is under sentence of death impost on him by any court in Tanganyika or a 

sentence of imprisonment (by whatever name called) exceeding six months imposed 
on him by such a court or substituted by competent authority for some other 
sentence imposed on him by such a court;

(d) if he is an undischarged bankrupt, having been adjudged or otherwise declared 
bankrupt under any law in force in Tanganyika; •*

(e) if he is not qualified to be registered as a voter for the purposes of elections to 
the National Assembly;

(f) subject to such exceptionsand  limitations as may be prescribed by Parliament, if 
he has any such interest in any such government contract as may be so prescribed; 
or •

*

(g) subject to such exceptions and limitations as rqay be prescribed by Parliament, 
if—  •*

(i) he holds or acts in any office or appointment specified (either individually or 
by reference to a class of office or appointment) bj Parliament; or

(ii) he belongs to any of the armed forces of the Crown specified by Parliament 
or to any class of person so specified that is comprised in any such force;
°r * • •

(iii) he belongs to any police force specified by Parliament or to any class of 
person so specified that is comprised in any such force.

(2) Parliament may provide that a person who is the holder of or who acts in any 
office the functions of which involve responsibility for, or in connection with, the 
conduct of any election to the National Assembly or the compilation of any register of 
voters for the purposes of such an election shall not be qualified for election to the 
National Assembly.

(3) Parliament may provide that a person shall not be qualified for election to the 
National Assembly for such period (not exceeding five years) as may be prescribed by 
Parliament if he is convicted by any court of such offences connected with the election 
of members of the National Assembly as may be so prescribed.



Tanganyika (Constitution) Order in Council, 1961 633
G.N. No. 415 (contd.)

(4) Parliament may, in order to permit any person who has been adjudged or declared 
to be of unsound mind, sentenced to death or imprisonment, adjudged or declared 
bankrupt or convicted of an offence prescribed under subsection (3) of this section to 
appeal against the decision in accordance with any law, prOTide that, subject to such 
conditions as may be prescribed by Parliament, the decision shall not have effSct for the 
purposes of subsection (1) or subsection (3) of this section until such time as may be 
so prescribed. *

(5) For the purposes of paragraph (c) of subsection (1) of this section—
(a) two or more sentences that are required to be served consecutively shall be 

regarded as separate sentences if none of them exceeds six months but if any one 
of them exceeds si  months they shall be regarded as one sentence; and*

(b) no account shall be takA of a sentence of imprisonment imposed as an alternative 
to, or in default of, the payment of a fine.

(6) In paragraph (f) of subsection (1) of this section “government contract” means 
any contract made with the Government of Tanganyika, or with a department of that 
Government, or with an officer of that Government contracting as such.

3P.—(1) Every citizen of Tanganyika who has attained the age of twenty-one years Universal 
shall, unless he is disqualified by any Act of Parliament from registration as a voter for adult 
the purposes of elections to the National Assembly, be entitled to be registered as such a suffrage 
voter under a law in that behalf, and no other person may be so registered.

( 2) Every person who is registered as aforesaid in any constituency shall, unless he is 
disqualified by any Act of Parliament from voting in any election in that constituency 
to the National Assembly, be entitled so to vote, in accordance with the provisions of any 
law in that behalf, and no other person may so vote.

21 .—(1) A member, of the National Assembly shall vacate his seat therein— Tenure of
(a) if.he ceases to be a citizen of Tanganyika; or seats of
(b) if any Circumstances arise that, if he were not a member of the National Assembly, members of 

would cause him to be disqualified for election as such under subsection (1) of National 
section 19 of tins Constitution or under any law enacted in pursuance of sub- Assembly 

section (2) or subsection (3) of that section.
(2) Parliament may, in order to permit any member of the National Assembly who 

has been adjudged or declared to be of unsound mind, sentenced to death or imprison­
ment, adjudged or declared bankrupt or convicted of any offence prescribed under sub­
section (3) <x section 19 of this Constitution to appeal against the decision in accordance 
with any law, provide that, subject to such conditions as may be prescribed by Parlia­
ment, the aecisio*  shall not have effect for the purposes of this section until such time 
as may be so prescribed.

22.—(1) There shall be a Speaker of the National Assembly who shall be elected by Speaker 
the members of the National Assembly from among persons who are members of the 
National Assembly <jr who are qualified to be elected as such.

» (2) A Minister or a Parliamentary Secretary shall not be qualified to be elected as
Speaker.

(f) The Speaker sjjall vacate his office—a
(a) if, having befcn elected from among the members of the National Assembly, he 

cea^s to be a member of the National Assembly otherwise than by reason of a 
dissolution of Parliament;

(b) if any circumstances arise that, if he were not Speaker, would disqualify «him for 
election as such;

(c) when the National Assembly first meets after any dissolution of Parliament; or
(cl) if he is removed from office by a resolution of the National Assembly supported
• by the votes of not less thah two-thirds of all the members thereof. •

(4) No business shall be transacted in the National Assembly (other .than ar  election*
• to the office of Speaker) at any time when the office of Speaker is vacant. Deputy

23.—(1) There sltoll be <*Deputy  Speaker of the National Assembly who shall be Speaker 
elected by the members of the National Assembly from among persons who are mem­
bers of the National Assembly other than Ministers or Parliamentary Secretaries,

(9) The members of ®he National Assembly shall elect a person to the office of 
Deputy Speaker—

(a) at the first sitting of the National Assembly in every session; and
(b) at the first sitting of the National Assembly after the office of Deputy Speaker has 

become vacant otherwise than by reason of a dissolution or prorogation of 
Parliament,

or as soon thereafter as may be convenient.
(3) The Deputy Speaker shall vacate his office—
(a) if he ceases to be a member of the National Assembly;
(b) if he becomes a Minister or a Parliamentary Secretary; or
(c) if he is removed from office by a resolution of the National Assembly.



634^ Tanganyika (Constitution) Orc[er in Council, 1961
G.N. No. 415 (contd.)
Voting at 24. In any election of a Speaker or Deputy Speaker the votes of the members’of the 
elections National Assembly shall be given by ballot in such manner as not to disclose how any
of Speaker particular member votes. • ,
and Deputy •
Speaker •

Electoral 25.—(1) There shall be an Electoral Commission which jhall consist of—
Commission (a) the Speaker, who shall be Chairman, and

(b) not less than three nor more than five appointed members who shail be appointed 
by the Governor-General, acting in accordance with th<^ advice of the Prime 
Minister.

(2) A person shall not be qualified to be an appointed •nemter of the Commission if 
he is a Minister, a Parliamentary Secretary, a member of the National Assembly or the 
holder of any public office other than the office of Clerk or Clerk-Assistant of the 

, National Assembly. •
(3) Subject to the provisions of this section, the office of an appointed member of 

the Electoral Commission shall become vacant— ,
(a) at the expiration of five years from the date of his appointment; or •
(b) if any circumstances arise that, if he were not a member of the Commission, 

would cause him to be disqualified for appointment as such.
(4) An appointed member of the Electoral Commission may be removed from office 

by the Governor-General, acting in accordance with the advice of the Prime Minister, 
for inability to discharge the functions of his office (whether arising from infirmity of 
body or mind or any other cause) or for misbehaviour. •

Constituencies 
and 
elections

(5) A member of the Electoral Commission may not be removal from office except 
in accordance with the provisions of this section. . • •

(6) In the exercise of its functions the Electoral Commission shall not be subject to 
the direction or control of any other person or authority. ,*•

26.—(1) Tanganyika shall be divided into constituencies for the purposes of elections 
to the National Assembly so that— * •

(a) the number of such constituencies shall correspond with the number of seats in 
the National Assembly (excluding the seats of nominated members); and

(b) the boundaries of such constituencies shall be such as the Electoral Commission, 
acting with the approval of the National Assembly signified by resolution, may 
prescribe. 9 •

(2) Each constituency shall retuwi  one member to the National Assembly.*
(3) The boundaries of each constituency shall be sue# that the number of inhabitants 

thereof is as nearly equal to the population tpjota as is reasonably practicable:
Provided that the number of inhabitants of a constituency may be*greater  or less than 

the population quota in order to take account of means of communication, geographical 
features and the difference between urban and rural areas in respect of density of 
population. • ■ , •

(4) The Electoral Commission shall review the division of Tanganyika into con­
stituencies at intervals of not less than eight nor more than ten years anc# may, in 
accordance with the provisions of this section, alter the constituencies to such extent as 
it considers desirable in the light of the review:

Provided that the Commission shall carry out such a review and, in accordance with 
the-' provisions’of this section, alter the constituencies whenever Parliament has made 
provision altering the number of seats in the National Assembly (other than the seats 
of ndmiflhted members); and, in addition, the Commission may at any time carry <>ut 
such a jpview apd, in accordance with the provisions of this section, alter the con­
stituencies to such extent as it considers desirable in consequence of the holding of a 
census of the population in pursuance of any law.

(5) Any provision by Parliament altering the number of seats in the National 
Assembly (other than the seats of nominated members) shall come into effect when the 
alteration of the constituencies  that, in accordance with the precisions of subsection^) 
of this section, is consequential thereon, comes into effect; ami any alteration of the 
constituencies shall come into effect upon the next dissolution of Parliament after the 
alteration has been approved by the National Assembly.

*

(6) In this section “the population quota” means the number obtained by dividing 
the number of inhabitants of Tanganyika by the number of constituencies into which 
Tanganyika is to be divided under this section.

(7) For the purposes of this section the number of inhabitants of Tanganyika shall 
be ascertained by reference to the latest census of the population held in pursuance 
of any law.

(8) The registration of voters and the conduct of elections in every constituency shall 
be subject to the direction and supervision of the Electoral Commission.



Tanganyika (Constitution) Order in Council, 1961 635

of questions 
as to 
membership 
of National 
Assembly

G.N. No. 415 (contd.)
27.—(1) The High Court shall have jurisdiction to hear and determine any question Determination 

whether—
(a) any person ’has been validly elected or appointed as a member of the National 

Assembly; or •
(b) the seqf the National Assembly of a member thereof has become Vacant.
(2) Parliament may make provision with respect to—
(a) the persons who mty apply to the High Court for the determination of any 

question under this section; •
(b) the circumstances and manner in which and the conditions upon which 

such application n»ay be made; and
(c) the powers, practice and procedure of the High Court in relation to any such 

application.
(3) The determination by the’High Court of any question under this section shall not 

be subject to appeal.
28.—(1) •There shall be a Clerk of the National Assembly. ’ Clerk of

* (2) The office of the Cletk of the National Assembly and the offices of the members National 
of his staff shall be public offices. Assembly and

his staff

any

Part 2 
Legislation and Procedure in National Assembly

29. Subject to the provisions of this Constitution, Parliament may. make laws for the Power to
• peace, order and good government of Tanganyika. make laws

30.—(1) Parliament may alter any of the provisions of this Constitution or (in so far Alteration 
a« it forms*  part of the law of Tanganyika) any of the provisions of the Tanganyika of this__
Independence Act, 1961: Constitution

Provide^tlurS'^Bill for an Act of Parliament under this section shall not be passed 
by the.,Nati6nal*Asstmbly  unless it was supported on the second and third readings by 
the yotesTbffnbt'Icss than two-thirds of all the members of the Assembly.

(2)£rhe7provisions of this Constitution or (in so far as it forms part of the law of 
Tanganyika)'Jihe Tanganyika Independence Act, 1961, shall not be altered except in 
accordarice'with the provisions of this section.

(3)
(a)

In this section—
references*  to any of the provisions of this Constitution or the Tanganyika 
Independence Act, 1961, include references tg any law that amends or replaces 
that provision; anil *
references to the alteration of any ®f the provisions of this Constitution or the 
Tanganyika Independence Act, 1961, include references to the amendment, 
modification*  or re-enactment, with or without amendment or modification, of 
that provision; the suspension or repeal of that provision and the making of 
different provision in lieu of that provision.

31.—(1) Every member of the National Assembly shall, before taking his seat therein, oath to be 
take and subscribe before the National Assembly the oath of allegiance but a member taken bv 
may belnre taking that oath take part in the election of a Speaker. members of

(2) Any person elected to the office of Speaker who fe not a member of th# National National 
Assembly shall, before entering upon the duties of his office, take and subscribe the Assembly 
oath of allegiance before the National Assembly.

32. There shall preside at any sitting of the National Assembly—
(a) the Speaker; or ,
(b) in the absence of the Speaker, the Deputy Speaker; or 
(cl

(b)

Presiding in 
National 
Assembly

there

in the absence of 'Speaker and of the Deputy Speaker, such member of the 
National Assembly (not being a Minister or a Parliamentary Secretary) as the 
National Assembly may elect for that purpose.

^3. If objection is liken by any member of the National Assembly present, that QUOrum in 
there are present in the National Assembly (besides the person presiding) less than National 
one-fourth of all the members of the National Assembly and, after such interval as may Assembly 
be prescribed in the rules of procedure of the National Assembly, the person presiding 
ascertains that the number of persons present is still less than one-fourth of all the 
members of the National Assembly, he shall thereupon adjourn the National Assembly.

34.—(1) Save as otherwise provided in this Constitution, any question proposed for votinc in 
decision in the National Assembly shall be determined by a majority of the. votes of 
the members present and voting.

(2) The person presiding in the National Assembly shall cast a vote whenever there 
would otherwise be an equality of votes but shall not vote in any other case.

Voting in 
National 
\ssembly



636 Tanganyika (Constitution) Order in Council, 1961

G.N. No. 415 (contd!)
(3) The rules of procedure of the National Assembly may make provision under 

which a member who votes upon a question in which he has a direct pecuniary interest 
shall be deemed not to have voted.

unqualified 35. Any person who sif!s or votes in the National Assembly knowing or having 
persons reasonable*grounds  for knowing that he is not entitled to do so shaJJ be liable to a
sitting or penalty not exceeding four hundred shillings or such other sum as may*be  prescribed
voting by Parliament for each day on which he so sits or v<?tes in the National Assembly,

which shall be recoverable by action in the High Court «t the suit of the Attorney- 
General. •

Mode of 36.—(1) The power of Parliament to make laws shall be exerctsed by Bills passed by
exercising the National Assembly and assented to by the Governor-Gjperal on behalf of Her 
legislative Majesty. •
Power (2) When a Bill is presented to the Governor-General for assent, he shall signify that

he assents or that he withholds assent.
* (3) A Bill .shair.not -become law unless it has been duly passed and assented to in

accordance with.this Constitution.
Restriction^ 
with regard 
to certain 
financial 
measures

Regulation of 
procedure in 
National 
Assembly

37. Except upon the recommendation of the Governor-General signified b? a Minister, 
the National Assembly shall not— • •

(a) proceed upon any Bill (including any amendment to a Bill) that, in the opinion 
of the person presiding, makes provision for any of the following purposes: —

(i) for the imposition of taxation or the alteration of taxation otherwise that? 
by reduction:

(ii) for the imposition of any charge upon the Consolidated Fund or any other 
public fund or the alteration of any such charge otherwise than by reduction?

(iii) for the payment, issue or withdrawal from the Consolidated Fund os any 
other public fund of any moneys not charged thereon any iqprease in the 
amount of such payment, issue or withdrawal; or ,•

(iv) for the composition or remission of any debt due to the Government of 
Tanganyika; or , .

(b) proceed upon any motion (including any amendment to a motion) the .effect of 
which, in the opinion of the person presiding, would be to make provisio  fqj 
any of those purposes.

*

38.—(1) Subject to the provisions of this Constitution, the National Assembly may 
regulate its own procedure. •

(2) The National Assembly may act notwithstanding any vacancy in its membership 
(including any vacancy not filled when the National Assembly first, meet# after any 
dissolution of Parliament) and the presence or participation of any person not entitled

notto be present or to participate in«the proceedings of the National Assembly shall 
invalidate those'proceedings. •

Sessions of
Parliament

Par* 3 
Summoning, prorogation and dissolution •

39. Each session of Parliament shall be held at such place within Tanganyika 
shall begin at such time (not being later than twelve months from the end of ... 
preceding session if Parliament has been prorogued or three months from the encP of 
that session if Parliament has been dissolved) as the Governor-General may appoint. '

and 
the

Prorogation 
and 
dissolution of 
Parliament

40.—(1) The Governor-General may at any time prorogue Parliament. •
(2) The Governor-General, acting in accordance with the advice of the Prime 

Minister? may at any time disso^e Parliament.
(3) The Gojpmor-General shall dissolve Parliament if the National Assembly passes a 

resolution that it has no confidence in the Government and the Prime Minister does 
not within three days resign from his office: ,

Provided that if the resolution is passed within fourteen days from the beginning of 
the first Session »f the National Assembly after the holfling of a general election and the 
Governor-General considers that the passing of the resolution is a consequence of 
changes in the membership of the National Assembly reSuitjjpg from that election, the 
Governor-General may remove the Prime Minister from office instead of dissolving 
Parliament.

(4) The Governor-General shall dissolve Parliament.if the ofjjce of Prime Minisu# is 
vacant and the Governor-General considers that there is no prospect of his being able 
within a reasonable time to appoint to that office a person who can command the support 
of the majority of the members of the National Assembly.

(5) Subject to the provisions of subsection (6) of this section, Parliament, unless 
sooner dissolved, shall continue for four years from the date of its first sitting after 
any dissolution and shall then stand dissolved.

(6) At any time when Tanganyika is at war, Parliament may from time to time 
extend the period of four years specified in subsection (5) of this section for not more 
than twelve months at a time:

Provided that the life of Parliament shall not be extended under this subsection for 
more than four years.



Tanganyika (Constitution) Order in Council, 1961 6}7
G.N. No. 415 (contd.)

Chapter IV 
. Executive Powers

41.—(1) The executive authority of Tanganyika shall vest in Her Majesty. Executive
(2) Subject <o*  the provisions of this Constitution, the executive authority of Tanga- authority of 

riyika may be exercised on behalf of Her Majesty by the Governor-General, either Tanganyika ■ 
directly or through officers ^ibordinate to him.

(3) Nothing *in  this section shall prevent Parliament from conferring functions on 
persons or authorities ’other than the Governor-General.

42.—(1) There shall lit a i’rime Minister who shall be appointed by the Governor- Ministers of 
General. Government

of Tanganyika
(2) There shall be, in addition to the office of Prime Minister, such other offices of

Minister as may be established "by Parliament or, subject to the provisions of any Act ■
of Parliament, by the Governor-General, acting in accordance with the advice of the 
Prime Minister.

*(3) The Govemor-Generaf shall appoint as Prime Minister a member of the National 
Assembly who appears to him likely to command the support of the majority of the 
members of the National Assembly, and shall, acting in accordance with the advice 

Rif the Prime Minister, appoint the other Ministers from among the members of the 
National Assembly:

Provided that, if occasion arises for making an appointment to the office of Prime 
Minister or any other Minister while Parliament is dissolved, a person who was a 
member of the National Assembly immediately before the dissolution may be appointed 
a*  Prime Minister oi» any other Minister. ’

(4) The Governor-General may remove- the Prime Minister from office at any time 
between the holding of a general election and the beginning of the first session of-the 
National Assembly thereafter, if he considers that, in consequence of changes in the 
membership of the National Assembly resulting from that election, the Prime Minister 
will not be able to command the support of the majority of the members of the 
National Assembly. •

(5) The office of any Minister shall become vacant—
(a) if the holder of the office ceases to be a member of the National Assembly 

otherwise |han by reason of a dissolution of Parliament; or
(b) if, at the beginning of the first session of the National Assembly after the holding 

of a general election, the holder of the office is not a member of the National 
Assembly. •

(6) The office of a Minister other than the Prime Minister shall become vacant—
(a) if the Governor-General, acting in accordance with the advice of the Prime 

Minister, so directs;
(b) if the Prime Jdinister resigns frorq»office within three days after the passage by the 

National Assembly of a resolution of no confidence in the Government or is
, removed from office under the provisions of subsection (3) of section 40 of this 

Constitution or of subsection (4) of this section; or
(c) upon the appointment of any person to the offic  of Prime Minister. •*
43.—(1) There shall be a Cabinet of Ministers, consisting of the Prin^ Minister and cabinet 

the other Ministers.
^2) The functions of the Cabinet shall be to advise the Governor-Gene'ftl in the 

government of Tanganyika, and’the Cabinet shall be collectively responsible <o Parlia­
ment for any advice given to the Governor-General by or under the general authority 
of the Cabinet and for all things done by or under the authority of any Minister in the 
execution of his office. •

(3) The provisions of subsection (2) of this section shall not apply in relation to—
fa) the appointment %nd removal from office of Ministers and Parliamentary Secre­

taries, the assigning of responsibility to any Minister under section 44 of this 
Constitution or the authorization of another Minister to perform the functions of 
the Prime Minister during absence or illness;

(b) the dissolution of Parliament; or
(c) the matters referred to in section 55 of this Constitution (which relates to the 

prerogative of mercy).
44. The Governor-General, acting in accordance with the advice of tlae Prime Allocation of 

Minister, may, by directions in writing, assign to the Prime Minister or any other portfolios to 
Minister responsibility for any business of the government of Tanganyika, including Ministers 
the administration of any department of government.



638 Tanganyika (Constitution) Order in Council, 1961
G.N. No. 415 (contd.)
Performance * 45.—(1) Whenever the Prime Minister is absent from Tanganyika or is by reason 
of functions ' of illness unable to perform the functions conferred on him by this Constitution, the 
of Prime Governor-General may aphorize some other Minister to perform those functions (other 
Minister than the functions conferred by . this section) and that Minister may perform those 
during functions until his authority is revoked by the Governor-General. ■ M 
absence or.
illness (2) The powers of the Governor-General under this sbction shall be exercised by him .

in accordance with the advice of the Prime Minister: • •
Provided that if the Govemor-Cfeneral considers that it is impracticable to obtain 

the advice of the Prime Minister owing to his absence or illness he may exercise those 
powers without that advice. a •

Exercise of 46.—(1) In the exercise of his functions the Governor-General shall act in accordance
Governor- advice of the Cabinet or a Minister acting under the general authority of the
General’s Cabinet except in cases where he is required by this'Constitution or any other law to
functions act “ accordance with the advice of any person or authority other than the Cabinet:

Provided that the Governor-General shall act in accordance with his own deliberate 
judgment in the performance of the following functions:—• •

(a) in the exercise of the functions conferred on him by the proviso to subsection (3) 
of section 40 of this Constitution (which empowers the Governor-General to remove 
the Prime Minister from office in certain circumstances); •

(b) in considering, for the purposes of subsection (4) of section 40 of this Constitution, 
whether there is a prospect of his being able within a reasonable time to appoint 
a Prime Minister; t

(c) in the exercise of the power to appoint the Prime Minister conferred on him by 
subsection (3) of section 42 of this Constitution; , •

(d) in the exercise of the power to remove the Prime Minister from office cenferred 
on him by subsection (4) of section 42 of this Constitution;

(e) in the exercise of the powers conferred on him by section 45 of this Constitution 
(which relates to the performance of the functions of thePrime  Minister during 
absence or illness) in the circumstances described in the proviso to subsectjpn (2) 
of that section; and ' . •

*

(f) in signifying his concurrence, for the purposes of subsection "(4) of section 75 of 
this Constitution, in appointments to offices on his personal staff.

' •
(2) Where the Governor-General is required by this Constitution to act in accordance 

with the advice of any person or authority, the question whether hg has deceived, or 
acted in accordance with, such advice in any case shall not be enquired into in any 
court. , •

•
(3) The reference in subsection (1) of this section to the functions of the Governor- 

General shall be construed as a reference to his powers and duties in the exercise of the 
executive authority of Tanganyika and to any other powers and*duties  conferred or 
imposed on him as Governor-General by or under this Constitution or any other law.

Governor- 47. The Prime Minister shall keep the Governor-General fully informed concerning 
General to the general conduct of the government of Tanganyika and shall furnish him with such
be informed information as he may require with respect to any particular matter relating to the 
concerning government of Tanganyika.
matters of • • I .
government

Parliamentary 48-—0) The Governor-General, acting in accordance with the advice of the Prime
Secretaries Minister may appoint Parliamentary Secretaries from among the members of«the 

National Assembly to assist Ministers in the performance of their duties:
Provided that, if occasion arises for making appointments while Parliament is dis-*  

solved, a person who was a member of the National Assembly immediately before the 
dissolution may be appointed as a Parliamentary Secretary^

(2) The office of a Parliamentary Secretary shall become vacant—
(a) if the Governor-General, acting in accordance with Ae advice of the I^ime 

Minister, so directs;
(b) if the Prime Minister resigns from office within three days after the passage by • 

the National Assembly of a resolution of no confidence in the Government or is 
removed from office under the provisions of subsection (3) of section 40 or of 
subsection (4) of section 42 of this Constitution;

(c) upon the appointment of any person to the office of Prime Minister;
(d) if the holder of the office ceases to be a member of the National Assembly 

otherwise than by reason of a dissolution of Parliament; or
(e) if, at the beginning of the first session of. the National Assembly after the holding 

of a general election, the holder of the office is not a member of the National 
Assembly.



Tanganyika (Constitution) Order in Council, 1961 639
G.N. No. 415 (contd.)

49. A Minister or a Parliamentary Secretary shall not enter upon the duties of his Oaths to be 
office unless he has taken and subscribed the oath of allegiance and such oath for the taken by 
due execution of his office as may be prescribed by Parliament# Ministers and

• Parliamentary
• • Secretaries

50. Where any Minister has’been charged with responsibility for any department of Permanent 
government, he shall exercise general direction and control over that department and, Secretaries
subject to suclf direction and control, the department shall be under the supervision of
a permanent secretary whose office shall be a publicT>ffice:

Provided that two or more government departments may be placed under the super­
vision of one permanent’secr^ary and one government department may be placed under 
the supervision of two or more permanent secretaries.

51. —(1) There shall be a Secretary to the Cabinet whose office shall be a public Secretary to 
office. the Cabinet '

(2) The Secretary to the Cabinet shall have charge of the Cabinet Office and shall 
be responsible, in accordance with such instructions as may be given to him by the 
Prime Minister, for arranging the business for, and keeping the minutes of, the 
Cabinet and for conveying the decisions of the Cabinet to the appropriate person or 
authority, and shall have such other functions as the Prime Minister may from time 
Jo time direct.

52.—(1) There shall be an Attorney-General whose office shall be a public office. Attorney-
(2) The Attorney-General shall be the principal legal adviser to the Government of General 

Tanganyika.
53.»-(1) There shall be a Director of Public Prosecutions whose office shall be a Director of 

ptfblic^office.*  Public
(2) The Director of Public Prosecutions shall have power in any case in which he Prosecutions 

considers it desirable so to do—
(a) to institute ancP undertake criminal proceedings against any person before any 

court (other than a court-martial) in respect of any offence alleged to have been 
• ’committed by that person;

(b) to take over- and continue any such criminal proceedings that have been instituted 
or undertaken by any other person or authority; and

(c) to discontinue at any stage before judgment is delivered any such criminal pro­
ceedings instituted or undertaken by himself or any other person or authority.

(3) The grower  of the Director of Public Prosecutions under subsection (2) of this 
section may be exercised by him in person or by officers subordinate to him acting in 
accordance with his general or special instructions. ’

*

(4) The powers conferred on the Director of Public Prosecutions by paragraphs (b) 
and (c) of subsection (2) of this section shall be vested in him to the exclusion of any 
other person or authority:

Provided that where any other person or authority has instituted criminal proceedings, 
nothing in this subsection shall prevent the withdrawal of those proceedings by or at the 
instance of that perjon or authority and with the leave of the court.

(5) For the purposes of this section, any appeal from any judgment in any criminal 
proceedings before any court, or any case stated or question of law reserved for the 
purpose of any such proceedings, to any other court in Tanganyika or to any other 
court in East Africa or to the Judicial Committee of H»r Majesty’s Privy Council shall 
be deemed to be part of those proceedings:

Provided that the power conferred on the Director of Public Proseciftions by para­
graph (c) of subsection (2) of this section shall not be exercised in relation to any 
apgeal by a person convicted irf any criminal proceedings or to any case «tated or 
question of law reserved at the in^ance of such a person.

(6) In the exercise of the powers conferred on him by this section  the Director of 
Public Prosecutions shall notjbe subject to the direction or control of any other person 
or authority. • ■ • •

*

54 . Subject to the provisions of this Constitution and#of any Act of Parliament, the Constitution 
Gcwemor-General may Constitute offices, make appointments to any office so constituted of offices, 
and terminate any such appointment. etc.

55 .—(1) The Governor-General may, in Her Majesty’s name and on Her Majesty’s prerogative 
behalf— of Mercy

(a) grant to any person convicted of any offence a pardon, either free or subject to 
lawful conditions;

(b) grant to any person a respite, either indefinite or for a specified period, of the 
execution of any punishment imposed on that person for any offence;

(c) substitute a less, severe form of punishment for any punishment imposed on any 
person for any offence; and k

(d) remit the whole or part of any punishment imposed on any person for any offence 
or of any penalty or forfeiture otherwise due to the Crown on account of any 
offence.



MO Tanganyika (Constitution) O filer in Council, 1961

Advisory 
Committee 
on 
Prerogative 
of Mercy

Functions of 
Advisory 
Committee

G.N. No. 415 (contd.)
(2) Subject to the provisions of subsection (3) of this section, the powers of the 

Governor-General under subsection (1) of this section shall be exercised by him acting 
in accordance with the advice of such Minister as may be designated in that behalf 
by the Governor-General, acting in accordance with the advice of the Prime Minister.

(3) In relation to persons convicted by courts-martial, the Govemor-Tieneral, acting 
in accordance with the advice of the Prime Minister, may designate a Minister other 
than the Minister designated under subsection (2) of this section, and at any time when 
there is another Minister so designated the powers of the Govemor-Gefleral under sub­
section (1) of this section shall, in felation to such persons, be«exercised in accordance 
with the advice of that other Minister.

56.—(1) There shall be an Advisory Committee on th? Prerogative of Mercy which, 
subject to the provisions of subsection (4) of section 57 of this Constitution, shall 
consist of—

(a) the Minister for the time being designated under subsection (2) of section 55 of 
this Constitution, who shall be Chairman;

(b) the Attorney-General; and #
(c) not less than three nor more than five other members appointed by the Governor- 

General,-acting in accordance with the advice of the Prime Minister.
(2) A member of the Advisory Committee other than the Chairman and the Attornef- 

General shall hold office for three years unless he is earlier removed from office by 
the Governor-General, acting in accordance with the advice of the Prime Minister, for 
inability to discharge the functions of his office (whether arising from infirmity of body 
or mind or from any other cause) or for misbehaviour. •

57.—(1) Where any person has been sentenced to death (otherwise thaw by a cotirt- 
martial) for any offence, the Minister for the time being designated under subsection (2) 
of section 55 of this Constitution shall cause a written report of the case from the trial 
judge, together with such other information derived from the Record of the case or 
elsewhere as he may require, to be considered at a meeting of the Advisory Committee; 
and after obtaining the advice of the Committee he shall decide in his own deliberate 
judgment whether to advise the Governor-General to exercise any of his powers under 
subsection (1) of the said section 55.

(2) The Minister for the time being designated under subsection (2) of action 55 of 
this Constitution may consult with the Advisory Committee before tendering any advice 
to the Governor-General under that subsection in any case not falling Writhin sub­
section (1) of this section but the Minister shall not be obliged to %ct in accordance 
with the advice of the Committee. •

(3) At any time when there is a Minister designated flnder subsection (3) of section 55 
of this Constitution in relation to persons ^convicted by courts-martial, he may consult, 
with the Advisory Committee before tendering any advice to the Governor-General 
under that subsection but the Minister shall not be obliged to act in accordance with 
the advice of the Committee.

(4) When the Advisory Committee is considering any case which Jias been referreci to 
it by a Minister designated under subsection (3) of section 55 of thft Constitution, that 
Minister shall be Chairman of the Committee in place of the Minister fo# the time 
being designated under subsection (2) of that section.

(5) Tfie Advisory Committee may regulate its own procedure.
• Chapter V

• The Judicature • . e
• , Part 1 •

The High Court ■*
58.— (1) There shall be a High Court which shall have Mich jurisdiction and powers 

as may be conferred on it by this Constitution or any other law.
(2) The judges of the High Court shall be the Chief Justice and such number of 

other judges, not being less than six (hereinafter referred to a“ “the puisne judges)  as 
may be prescribed by Parliament:

*

Provided that the office of a puisne judge shall not be abolished while there is a 
substantive holder thereof.

(3) The High Court shall be a superior court of record and, save as otherwise pro­
vided by Parliament, shall have all the powers of such a court.

(4) The High Court shall sit in such places as the Chief Justice may appoint.
59.— (1) The Chief Justice shall be appointed by the Governor-General, acting in 

accordance with the advice of the Prime Minister.
(2) The puisne judges shall be appointed by the Governor-General, acting in accord­

ance with the advice of the Judicial Service Commission.

Establishment 
of High 
Court

Appointment 
of Judges of 
High Court



Tanganyika (Constitution) Order in Council, 1961 641
•— — —— ----------------------------- , <-

G.N. No. 415 (contd.)
(3) (a) A person shall not be qualified for appointment as a judge of the High Court 

unless—
(i) he is, or*  has»been, a judge of a court having unlimited jurisdiction in civil and 

criminal matters in some part of the Commonwealth or in the Republic of 
Ireland or in any country outside the Commonwealth that may be prescribed by 
Parliament? or a court having jurisdiction in appeals from any such court; or

(ii) he holds one of the spefified qualifications and has held one or other of those 
qualifications for a tqjal period of not less than five years.

(b) In this sdbsection “the specified qualifications” mean the professional qualifications 
specified by the Advocates Ordinancefa) (or by or under any law amending or replacing 
that Ordinance) one of which must be held by any person before he may apply under 
that Ordinance (or undei*anyasuch  law) to be admitted as an advocate in Tanganyika.

(4) If the office of Chief Justice is vacant or if the Chief Justice is for any reason 
unable to perform the functions of his office, then, until a person has been appointed 
to and has assumed the functions of that office or until the person holding that office 
has resumed those functions, as the case may be, those functions shall be performed 
by such one of the puisne judges as may be designated in that behalf by the Governor- 
General, actlhg in accordance with the advice of the Prime Minister.

(5) If the office of any puSne judge is vacant or if any such judge is appointed to act 
as Chief Justice or is for any reason unable to perform the functions of his office or if 
the Chief Justice advises the Governor-General that the state of business in the High 
Court so requires, the Governor-General, acting in accordance with the advice of the 
Judicial Service Commission, may appoint a person qualified for appointment as a judge 
of the High Court to act as a puisne judge of that Court:
• Provided that, notwithstanding the provisions of subsection (1) of section 60 of this 
Constitution, no person shall be disqualified for appointment under this subsection by 
revolt only of his ag*

(6) Any pereon appointed under subsection (5) of this section to act as a puisne judge 
shall continue to act for the period of his appointment or, if no such period is specified, 
until his appointment is revoked by the Governor-General, acting in accordance with the 
advice of the Judicial Service Commission:

Provided that, notwithstanding the expiration of the period of his appointment or the 
revocation of his appointment, he may thereafter continue to act as a puisne judge for so 
long as may be necessary to enable him to deliver judgment or to do any other thing in 
relation to proceedings that were commenced before him previously thereto.

60.—(1) Subject to the provisions of this section, a person holding the office of a Tenure of 
judge of tl^ High Court shall vacate that office on attaining the age of sixty-two years: office of judges

Provided that the Governor-General, acting in accordance with the advice of the of High Court 
Prime Minister, may permit such a person to conti*ue  in office until he has attained 
the age of sixty-five years. ,

(2) Notwithstanding that he has attained the age at which he is required by the pro­
visions of this sectign to vacate his office, a person holding the office of a judge of the 
High Court may continue in office for so long after attaining that age as may be neces­
sary to enable him to deliver judgment or to do any other thing in relation to proceed­
ings that were commenced before him before he attained that age.

(3^ A judge of Jhe High Court may*be  removed from office only for inability to 
perform the functions of his office (whether arising from infirmity of body or mind or 
from any*  other cause) or for misbehaviour, and shall not be so removed except in 
accordance with the provisions of this section.

(4) A judge of the High Court shall be removed from office by the Governor- 
General if the question of his removal has, at the request of the Governor-General, 
made in pursuance of subsection (5) of this section, been referred by iftr Majesty to 
the Judicial Committee of Her Majesty’s Privy Council under any enactment enabling 
He*  Majesty in that behalf, and the Judicial Committee has advised Her Majesty that 
the judge ought to be removed from office for inability as aforesaid, or for 

. misbehaviour. *
(5) If the Prime, Minister, aepresents to the Governor-General that the question of 

removing a judge under thi.r section ought to be investigated, then—
(a) the Governor-General shall appoint a tribunal which shall consist of a Chairman 

and not less than two other members, selected by  the Governor-General, acting 
in accordance witn the advice of the Prime Minister, from among persons who 
hold or have held office as a judge of a court having unlimited jurisdiction in civil 
and criminal matters in some part of the Commonwealth or a court having 
jurisdiction in appeals from any such court;

*

(b) the tribunal shall enquire into the matter and report on the facts thereof to the 
Governor-General and recommend to the Governor-General whether he should 
request that the question of the removal of that judge from office should be 
referred by Her Majesty to the Judicial Committee; and

(c) if the tribunal so recommends, the Governor-General shall request that the 
question should be referred accordingly.

(a) Ca.p. 341 of the Revised Laws of Tanganyika,



642 Tanganyika (Constitution) Order in Codhcil, 1.961

be

of

he 
of

—£aths to be 
taken by 
judges of 
High Court

Appeals to 
Her Majesty 
in Council 
or other 
court

G.N. No. 415 (contd.)
(6) If the question of removing a judge from office has been referred to a tribunal 

under subsection (5) of this section, the Governor-General, acting -in accordance with 
the advice of the Prime Minister, may suspend the judge from performing the functions 
of his office, and any such suspension may at any time be revoked by the Governor- 
General, acting in accordance with the advice of the Prime Minister, and shall in any 
case cease to have effect— • *

(a) if the tribunal recommends to the Governor-General that he should not request 
that the question of the removal of the judge from office should be referred by 
Her Majesty to the Judicial Committee; or (

(b) if the Judicial Committee adrtses Her Majesty that the judge ought not to 
removed from office.

(7) The provisions of this section shall be without fffejudice to the provisions 
subsection (6) of section 59 of this Constitution.

61. A judge of the High Court shall not enter upon’the duties of his office unless 
has taken and subscribed the oath of allegiance and such oath for the due execution 
his office as may be prescribed by Parliament. a

Part 2 * '
Appeals

62. —(1) Unless Parliament otherwise provides, an appeal shall lie as of right direcf 
to Her Majesty in Council from final decisions of the High Court in civil or criminal 
proceedings on questions as to the interpretation of this Constitution.

(2) Parliament may make provision— ■' *
(a) for appeals to lie from decisions of the High Court to another court in  East 

Africa in cases other than those referred to in subsection (1) of thissectio# ; and
*

*
(b) for appeals in cases referred to in paragraph (a) of this subsection to lie from the 

other court in East Africa to Her Majesty in Council. • r.
(3) Ute provisions of this section shall be subject to the provisions of subsection (3) 

of section 27 of this Constitution. ' • • ' .
(4) References in this section to the High Court shall be construed as including 

references to a Magistrate presiding over a subordinate court and exercising the jurisdic­
tion of the High Court invested in him under the Criminal Procedure CoJbfa) or any 
law amending or replacing that Code.

63. Parliament may make provision regulating the circumstances and manner in which 
and the conditions on which appeals under section 62 of this Constitution shall be 
prosecuted. •

Parc 3
Judicial Service Commission •

64. —(1) There shall be a Judicial Service Commission which shall consist of—
(a) the Chief Justice, who shall be Chairman;^ »
(b) the Chairman of the Public Service Commission; and •
(c) such puisne judge as may for the time being be designated in that behalf by the 

Governor-General, acting in accordance with the advice of the Prime Minister.
(2) Before tendering advice for the purposes of paragraph (c) of subsection (1) of 

this section, the Prime Minister shall consult the Chief Justice.
65.—(1) Power to appoint persons to hold or act in offices to which this section 

applies (including power to confirm appointments), t<J exercise disciplinary control 
persons holding or acting in such offices and to remove such persons from office shall 
vest in tne Judicial Service Commission.

(2) The Judicial Service Commission may, by direction? tin writftg and subject to 
such conditions as it thinks fit, delegate any of its powers under this section to any judge 
of the High Court or to any person holding or acting in any office to which this section 
applies and may, by such directions and subject as aforesaid.^empower die persott to 
whom the delegation is made to authorize any other officer to whom a delegation might 
be made under this subsection to exercise any power so delegated.

(3) The offices to which this section applies are the offices of Registrar of the High 
Court, Deputy Registrar of the High Court, Resident Magistrate and any Magistrate 
and such other offices connected with any court (other than a court-martial) as, subject 
to the provisions of this Constitution, may be prescribed by Parliament:

Provided that this section shall not apply to the office of Magistrate in relation to any 
person who may be appointed to that office by virtue of his being an Administrative 
Officer.

Procedure, 
etc. in 
appeals

Judicial 
Service 
Commission

Appointment, 
etc., of 
judicial 
officers

(a) Cap. 20 of the Revised Laws of Tanganyika.



Tanganyika (Constitution) Order in Council, 1961 643
G.N. No. 415 (contcl.) 

Chapter VI
Finance

66 . All revenues or other moneys raised or received for tjje purposes of the govern- Consolidated 
ment of Tanganyika (not being revenues or other moneys payable by or under an Act Fund 
of Parliament^into some other fund established for a specific purpose) shill be paid 
into and form one Consolidate^ Fund.

67 .—(1) No moneys shall  be withdrawn from the Consolidated Fund except— Withdrawals*

(5) This section applies to the offic