UNITED REPUBLIC OF TANZANIA THE POLITICAL PARTIES ACT, 2017 ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY PROVISIONS 1. Short title 2. Application 3. Interpretation PART II ESTABLISHMENT OF THE OFFICE OF THE REGISTRAR OF POLITICAL PARTIES 4. Establishment of the Office of the Registrar of Political Parties. 5. Appointment of the Registrar of Political Parties. 6. Appointment of the Deputy Registrar and Assistant Registrars 7. Protection of officers 8. Disqualification of the Registrar, Deputy Registrar and Assistant Registrar. PART III FORMATION OF POLITICAL PARTIES 9. Powers of the Registrar to regulate civic education provided to political parties 10. Powers of the Registrar to demand information from a political parties 11. Formation and management of political parties 12. Functions of political parties 13. Duty of political parties to register 14. Prohibition of the revival of former parties. 1
PART IV REGISTRATION AND DEREGISTRATION OF POLITICAL PARTIES 15. Some restrictions in party membership and participation in activities of political parties 16. Restrictions of civil servants in a political party 17. Application for provisional registration of a party. 18. Conditions for provisional registration. 19. Political parties with certain names not to be registered 20. Contents of constitution and rules of a political party 21. The Registrar to issues a Certificate of provision registration 22. A register of provisional registered political parties 23. Conditions for full registration 24. Verification of political party compliance with the requirements and conditions for registration, 25. The Registrar to issues a Certificate of full registration. 26. Deregistration of a political party. 27. Suspension before cancelation of registration. 28. Effects of deregistration. 29. Decision of the Registrar to be final. PART V ORGANISATION AND MANAGEMENT OF POLITICAL PARTIES 30. Management of a political party. 31. Party policies and internal rules. 32. Party activities and establishment of branches, units and party organs in some places. 33. A duty of a political party to keep records. 34. Duty of political party to inform Registrar. 35. Powers of the Registrar to demand information from a political parties. 36. Powers of the Registrar to regulate civic education provided to political parties. 37. Obligation of a Political Party to maintain a party roaster. 38. Qualifications of national leaders of political parties. 39. Tenure of national leaders of political parties. 40. Election of party national leaders after fully registration. 41. Political parties to appoint trustees. 42. A register of party trustees. 2
43. Political Parties to appoint accounting officer and establish accounts, internal audit and procurement department. 44. Winding up of a political party. PART VI RIGHTS AND PREVILEGES OF POLITICAL PARTIES 45. Rights to public meetings and procession. 46. Procedure to be followed by a political party before holding a public meeting or procession. 47. Political parties not form security group. 48. Merging of political parties. 49. Cessation of merged political parties. 50. Cooperation of political parties 51. A register of party, affiliation, membership and cooperation s made by parties or with foreign or local organisations. 52. Political parties to host flags. PART VII FINANCIAL PROVISIONS 53. Initial assets of a political party. 54. Source of funds and other resources of a party. 55. Disclosure of sources of funds and other resources obtained by the party. 56. Submission of accounts and declaration of property. 57. Party to maintain bank account. 58. Grant of and party Qualification for subvention. 59. When, how and amount of subvention to be granted. 60. Application of, and accounting for, subvention. 61. Submission of financial reports at the same time. PART VIII POLITICAL PARTIES DISPUTES RESOLUTION 62. Political parties disputes resolution. 63. Party internal disciplinary and dispute resolution mechanism. 3
PART IX GENERAL PROVISIONS 64. Establishment of the Political Parties Council. 65. Functions of the Political Parties Council. 66. Sources of funds for the council. 67. Offences and penalty. 68. Suspension of a political party. 69. Protection of informers. 70. The Minister to make regulations 71. Repeal of the Political Parties Act, 1992 An Act to provide for registration, regulation and funding of political parties and for related and connected matters. Enacted by the Parliament of the United Republic of Tanzania. I ASSENT President [.] PART I PRELIMINARY PROVISIONS Short title Application Interpretation 1. This Act may be cited as the Political Parties Act. 2. This Act shall apply to Tanzania Mainland as well as Tanzania Zanzibar. 3. In this Act, unless the context otherwise requires administrative meeting means a meeting of an organ of a political party as stipulated in a political party constitution; deregistration means cancellation of registration of a political party; youth has the meaning assigned to it under the Youth Council Act, 2015; Minister means the Minister for the time being responsible for matters relating to political parties; Party means a Political Party; A Political Party means any organised group of men and women formed and registered for the purpose of forming a government or a local government authority within the United Republic through elections or for putting up or 4
supporting candidates to such election; Registrar means the Registrar of Political Parties appointed under this Act and includes a Deputy Registrar and an Assistant Registrar; Council means the Political Parties Council established under this Act; a political party general meeting means the highest administrative organ of the party, made by delegates from all over the country based on the party structure prescribed in the party Constitution; national leader means a national leader of a political party as prescribed in the party Constitution; a civil servant means a person employed by Central or Local Government as a civil servant; Secretariat means the governing body of a political party by whatever name called, which manages daily functions of the party; National Central Committee is the National Executive Committee means a party organ comprised of party national leaders and party representatives from each region where the party has administrative organ or representative elected by the accordance with the party constitution and rules. founding member of a political party means a person who participates in the formation of a political party and who is among the first members of the party. registered voters means the registered voter as defined by the National Elections Act, 1985 and The Zanzibar Election Act, 1984. organization means a group of people intending to be registered as a political party. PART II ESTABLISHMENT OF THE OFFICE OF THE REGISTRAR OF POLITICAL PARTIES Establishment of the Office of the Registrar of Political Parties. 4-(1) There shall be an Office of the Registrar of Political Parties which shall be under the Ministry responsible for political parties. (2) The Office of the Registrar of Political Parties shall be an autonomous institution which shall not be subject to a direction or control of any person or authority. (3) Functions of the office of the Registrar shall be to:- (a) register Political Parties in accordance with this Act and any other written law; (b) regulate, monitor, investigate and supervise management and conducts of political parties to ensure compliance with this Act; (c) investigate and resolve complaints received under this Act; (d) monitor intra-party elections and nomination process; (e) mediate or arbitrate interparty and intraparty conflicts; 5
(f) disburse and monitor accountability of government subvention to political parties which qualifies under this Act; (g) monitor income and expenditures of political parties, and accountability party resources; (h) provide civic education regarding multiparty democracy, laws governed by the office of the Registrar of Political Parties and related matters; (i) monitor civic education provided to political parties; (j) promote gender equality in political parties; (k) advise the government on issues related to political parties and multiparty democracy; (l) to facilitate communication between Political Parties and the Government; (m) undertake research on political parties, multiparty democracy and political parties financing; (n) be a secretariat of the political parties council; and (o) undertake any other functions conferred by this Act or any other written law. Appointment of the Registrar of Political Parties. 5- (1) There shall be appointed by the President, The Registrar of Political parties who shall be the Chief Executive Officer of the Office of the Registrar of Political Parties. (2) The Registrar shall be responsible for managing the Office of the Registrar of Political Parties, making decisions and monitoring the performance of functions of the Office of the Registrar of Political Parties. (3) In the performance of his functions under this Act the Registrar shall from time to time consult the Minister. Appointment of the Deputy Registrar and Assistant Registrars. 6- (1) There shall be a Deputy Registrar of Political Parties who shall be appointed by the President. (2) The main responsibility of the Depute Registrar shall to deputies the post of the Registrar of Political Parties and perform any other function as directed by the Registrar. (3) There shall be Assistant Registrars of Political Parties who shall be at the rank of a director and appointed by the Minister in such numbers as provided by the office organisation structure. (4) Duties of Assistant Registrars shall be prescribed in the office organisation structure. 6
Protection of officers 7. No suit shall lie against the Registrar, Deputy Registrar, Assistant Registrar or other officers appointed under this Act, for anything done or omitted to be done in good faith, in the performance of any function under this Act. PART III FORMATION OF POLITICAL PARTIES Formation of political parties. 9.-(1) A political party may, subject to the Constitution of the United Republic of Tanzania and this Act, be formed in Tanzania to further objectives and purposes which are not contrary to the Constitution of the United Republic of Tanzania, the Constitution of Zanzibar or any other written law in the United Republic of Tanzania. (2) Political Parties shall be managed based on principles of good governance, democracy, non discrimination and social inclusion. (3) A political party shall promote:- the union of the united Republic of Tanzania, inclusiveness, democracy, good governance, anti-corruption, gender equality, ethics, patriotism and national peace and tranquility, in the (a) formulation of its policies; (b) nomination of candidates for elections; and (c) election of its leaders. Functions of political parties 10.-(1) Functions of political parties shall include:- (a) Promote gender equality and protect rights of the marginalized groups; (b) promote democracy, good governance and rule of law; (c) promote national values; (d) perform and support social responsibilities; (e) Influence public policy; (f) support political stability and socio-economic development of the nation; (g) Recruitment of qualified candidates to run for public office. (2) A political party shall not function as a pressure or activist group. (3) For purposes of subsection (2) a pressure group and activist group is a group of people that tries to influence public opinion or Government Action in the interest of a particular cause. Registration of political parties. 11.- (1) No organization shall operate or function as a political party unless it has first been registered in accordance with the provisions of this Act. (2) For purposes of subsection (1), any organization intending to be registered as a 7
political party, shall apply to the Registrar in the prescribed manner. (3) Registration of political parties shall be in two stages, provisional and full registration. (4) The Registrar shall register and issue a certificate of provisional registration or as the case may be, a certificate of full registration to every political party which meets the requirements and fulfils all the conditions for such registration. (5) The registrar may reject an application for registration of a political party, if it does not meet the requirements or fulfilled the conditions prescribed by this Act. (6) A citizen of Tanzania who has attained the age of twenty one years may, subject to the provisions of this Act and any other written law, submit an application for registration of a political party. Prohibition of the revival of former parties. 12.-(1) No party shall be revived nor shall the name or acronym of such party be used by any Political Party to be registered under this Act. (2) No party which has been deregistered shall be revived, nor shall the name or acronym, flag, symbol or colours of that party be used by any political party to be registered under this Act. Restrictions in party membership and participation in political parties activities. 13.-(1) Every citizen who has attained the age of eighteen years has the right to join a Political Party of his/her own choice as a member of the party. (2) A person shall not be a member of more than one Political Party at the same time and shall not form or engage in any activity of forming another party while he/she is still a member of that party. If both situations happen, notwithstanding the provisions of any other written law he/she shall be deemed to have resigned from his/her previous party. (3) A non citizen shall not engage in activities of a political party with the aim of promoting objectives of that party or winning an election. (4) A member of a political party has a right to resign from the party, provided that, he/she shall not take a membership card and any other property belonging to the party which he/she is resigning from. (5) A person shall not compel or coerce another person to join or resign from a political party, except that, a person may be compelled to resign where such compulsion is in disposition of lawful expulsion from party membership. 8
(6) A member of a political party may only be expelled from that political party after following due processes prescribed in the party Constitution and rules, including being afforded a fair opportunity to be heard in accordance with the internal party disciplinary procedures or disputes resolution mechanisms as prescribed in the Constitution and rules of the party. (7) A person shall not engage a child in the activities of a political party, except with parent(s) consent, and when there is consent, the rights, wellbeing and interest of a child must be protected. (8) Any person who contravenes the provision of this section commits an offence and is liable, on conviction, to a fine of not less than One Million Shillings and not more than three Million Shillings or to imprisonment for a term of not less than six months and not more than one year or both. (9) For the purpose of this Act, the word child shall- (a) in the case of Tanzania Mainland, have the meaning ascribed to it under the Law of the Child Act, 2009; (b) in the case of Tanzania Zanzibar, have the meaning ascribed to it under the Children Act, 2011. Restrictions of civil servants to participate in affairs of a political party 14-(1) A civil servant shall not:- (a) be eligible to be a founding member of a Political Party; (b) be eligible to hold office in or be employed by a Political Party; (c) engage in a political activity that may compromise or be seen to compromise the political neutrality of that persons office. (d) participate in Political activities during working hours; or (e) identify himself by dressing in Political Party s uniforms, medals, badges or any other identification during working hours and at the place of work; (f) utter any words which may embarrass the Government due to his political affiliation; (g) take part in Political activities which can Compromise or be seen to compromise his loyalty to Government. (h) compromise with neutrality and impartiality while delivering service to the Public. (2) For the purpose of this Act, public servants in the following services are not allowed to be members nor participate in politics or activities of political parties:- (a) Tanzania People s Defence Forces and National Service; (b) Tanzania Intelligence and Security Service; (c) Police Force Service; (d) Prison Service; 9
(e) Immigration Service; (f) Fire and Rescue Service; and (g) Militia Service. (3) Other groups of public servants who are not allowed to be members nor participate in Politics are the following: (a) employees of the Prevention and Combating of Corruption Bureau; (b) employees of the Office of Parliament; (c) employees of the Registrar of Political Parties Office; (d) employees and members of the National Electoral Commission; (e) State Attorneys; and (f) Judges and Magistrates. PART IV REGISTRATION AND DEREGISTRATION OF POLITICAL PARTIES Application for provisional registration of a party. 15. -(1) Every political party shall first, be provisionally registered and issued with a certificate of provisional registration upon meeting the requirements and fulfilling the conditions of provisional registration prescribe in this Act. (2) The provisional registration of a party which has not applied for full registration shall lapse and its provisional registration certificate shall cease to be of any effect at the expiry of one hundred and eight days from the date of issue of the certificate of the provisional registration. (3) The provisional registration of the party which has applied for full registration shall be valid until the party is issued with a certificate of full registration or until the application of the political party to be fully registered is rejected. Conditions for provisional registration. 16.- (1) No organization shall qualify for provisional registration as a political party unless (a) the founding members have applied for registration of the party in the prescribed manner; (b) its membership is voluntary and open to all the citizens of the United Republic of Tanzania without discrimination on account of gender, disability, religious belief, race, tribe, ethnic origin, profession or occupation. (c) more than two third of its members are not of the same sex; (d) its constitution and rules promotes gender equality; 10
(2) Without prejudice to subsection (1) of this section, no political party shall quality for provisional registration if by its policy, constitution, rules, statements, activities or conducts:- (a) aims to advocate or further the interests of (i) any religious belief or group; (ii) any tribal, ethnic or racial group; or (iii) only a specific area within any part of the United Republic of Tanzania; (b) it advocates the breaking up of the union constituting the United Republic of Tanzania; (c) uses words, slogans or symbols which may cause or incite divisions among Tanzanians; (d) it uses or accepts or advocates the use of force or violence as a means of attaining its political objectives; (e) it advocates or aims to carry on its political activities exclusively in one part of the United Republic of Tanzania; (f) it does not allow periodic and democratic election of its leadership; (g) it does not adhere to its constitution and rules; (h) it allows its members to utter or use obscene language, vindictive; defamatory or inciting words which are likely to cause or lead to the disruption of peace; (i) it allows its members to commit gender based violence and abuse; (j) it allows its members to use government properties or resources or facilities for party activities; (k) it compels or allows its members to compel people to join the party or participate in party activities; and (l) it does not promote gender equality. Political parties with certain names not to be registered Contents of constitution and rules of a political party 17-(1) Registrar may refuse an application for registration of a political party if the name of a political party, the abbreviation of the name or its symbol is:- (a) obscene or offensive; (b) the name or its abbreviation is used by another political party registered under this Act or any other legal entity registered under any other written law. 18.-(1) Constitution and rules of a political party shall provide for all the matters specified in the regulations made under this Act. (2) The constitution or rules of every political party shall ensure that, not more than two-thirds of members of each party organ, body or committee are of the same gender. (2) The Registrar may, by notice in writing, require a political party to amend its name, Constitution or rules within six months from the date of the notice to comply with the Constitution of the United Republic of Tanzania of 1977, The 11
Constitution of Zanzibar, this Act and or other written law. (3) Notice referred to in subsection (2) shall specify areas of noncompliance, nature of the amendment and the reason for such amendment. (4) Any political party which contravenes the provision of subsection (2) shall be deregistered. The Registrar to issues a Certificate of provision registration A register of provisional registered political parties Application for fully registration Conditions for full registration. 19. The Registrar shall register and issue a certificate of provision registration to a political party upon satisfaction of the correctness of the application and that the documents and contents of the application meets the requirements and fulfils all the conditions for provision registration, and that the party has paid application fees. 20. (1) There shall be a register of provisionally registered political parties to be maintained by the Office of the Registrar of Political Parties. (2) The Registrar shall deregister from the register referred in subsection (1) a party whose certificate of provisional registration has ceased to have any effect in accordance this Act and publish in a government gazette such deregistration. 21 Every political party which has been provisionally registered and which in addition to the conditions prescribed in section 16 has fulfilled the conditions prescribed in section 22 shall, not later than one hundred and eight days from the date of provisional registration, apply to the Registrar for full registration. 22- (1) No party shall qualify for full registration unless (a) it has first been provisionally registered; (b) it has obtained not less than two hundred members who are registered voters from each of more than half of the regions of the United Republic, out of which- (i) at least two of those regions are of Tanzania Zanzibar; one Region being in Unguja and the other in Pemba; (ii) at least one Region shall be from each zone in Mainland Tanzania specified in the regulations made under this Act; (iii) its membership reflects regional and ethnic diversity and representation of minorities and marginalised groups. (c) it has submitted to the Registrar a postal address to which notices and other communications may be sent in Tanzania Mainland and Zanzibar. (d) it has submitted to the Registrar the location and postal addresses of its branch offices for each region to which the party has submitted the list of founding members for verification. (e) it has submitted to the Registrar names of its members; (f) it has submitted to the Registrar names of its national leaders and such 12
leadership draws its members from both Tanzania Mainland and Zanzibar and its composition reflects regional, religious and ethnic diversity, gender balance, representation of minority and marginalised groups. (g) It has demonstrated that each national leader meets the required qualification prescribed by this Act, (h) it has submitted to the Registrar, the location of its head office and subhead office on the basis that, if the head office is established in Mainland Tanzania, the subhead office shall be established in Tanzania Zanzibar; (i) it has through its constitution restricted its members from having dual membership. Verification of political party compliance with the requirements and conditions for registration The Registrar to issues a Certificate of full registration A register of fully registered political parties 23.-(1) The Registrar shall, after receiving an application for provisional or full registration or at any time after issuing a certificate of full registration to a political party, verify political party s compliance with the requirements and conditions for registration of a political party. (2) A party which fails or refuses to cooperate with the verification exercise shall be eligible for suspension or deregistration under this Act. 24. The Registrar may register and issue a certificate of full registration, upon satisfaction of the correctness of the application and that the documents and contents of the application meet the requirements and fulfil the conditions for full registration, and that the party has paid application fees. 25.- (1) There shall be a register of full registered political parties to be maintained by the Office of the Registrar of Political Parties where the names, addresses and other particulars of registered political parties and national leaders of political parties shall be entered. (2) There shall be a register of national leaders of political parties to be maintained by the office of the Registrar of Political Parties where names, addresses, telephone numbers and other particular of national leaders of political parties shall be entered. (3) The registers in subsection (1) and (2) shall be accessible to members of public for inspection or perusal at the time and in the manner as may be determined by the Registrar. (6) A person who is not a national leader registered under subsection (1) and (2), shall not engage in any party activity or political activity or any other activity as a national leader of the party. (7) Any person who contravenes the provisions of subsection (6) commits an offence and shall be liable on conviction to a fine not less than five hundred 13
thousand and not exceeding three million shillings or to imprisonment for a term of six months or both. Deregistration of a political party 26.-(1) Subject to subsection (2) the Registrar may deregister a full registered political party which has:- (a) ceases to qualify for registration under this Act; (b) contravenes any of the provisions of this Act; (c) contravenes any provision of its Constitution and rules; (d) obtained its registration in fraudulent manner or in his/her opinion particulars concerning registration of the party submitted to him/her during registration or anytime afterwards, are false or inaccurate; (e) instigated the public or an individual not participate in lawful public activity directed by the Government; (f) instigated or participated in a commission of an election offence; or (g) not nominated more than ten percent of total parliamentary candidates and ten percent of total local councilors candidates in general election and ten percent of total candidates in electable posts in Local Government general election. (2) The Registrar shall not deregister a full registered political party unless he has: (a) in writing, informed the party concerned of the contravention or the loss of qualification and of the intention to cancel the registration; (b) received or failed to receive, within the period prescribed by him, any representations from the party concerned; (c) submitted to the Minister the intention to cancel the registration of the party together with any representations made by the party. (3) The Registrar shall, upon deregistration of a political party, notify the Administrator General and advertise in a government gazette. Suspension before cancelation of registration. 27.-(1) The Registrar may suspend registration of a political party for a specified number of days to enable the party to remedy the breach specified in the notice issued by the Registrar under section 26. (2) A political party that has been suspended under subsection (1) shall not be entitled to any of the rights and privileges specified in this Act. (3) The Registrar shall deregister a political party which has not remedied the breach or complied with the Act as required by the Registrar under subsection (1) Effects of deregistration 28.-(1) Where a political party is deregistered under this Act, it shall cease to exist; (2) Any person who does political or any administrative activity under name or 14
anything of the deregistered political party commits an offence and shall be liable on conviction to a fine not less than five hundred thousand and not exceeding three million shillings or to imprisonment for a term of six months or both. Decision of the Registrar to be final 29.-(1) The decision of the Registrar on the registration or deregistration of any party or enforcement of any provision of this Act shall be final and shall not be the subject of appeal in any court. (2) Nothing in subsection (1) shall be construed to preclude judicial review of the decision of the Registrar. PART V ORGANISATION AND MANAGEMENT OF POLITICAL PARTIES Management of a political party 30.-(1) A political party shall be managed by adhering to the Constitutions of the United Republic of Tanzania, The Constitution of Zanzibar, this Act, its Constitution and rules, and principles of democracy and good-governance. (2) A fully registered political party shall hold meetings of the party organs at national, regional, districts and lower level in accordance with the party constitution. (3) A fully registered political party shall conduct at least two national executive committee meetings and conduct at least four meetings of the national central committee in each calendar year. (5) A party national general meeting, national executive committee and national central committee shall not delegate its core functions prescribed in the party constitution and rules. (6) Without prejudice to subsection (5) the core functions of the party national general meeting, national executive committee and national central committee, among others stated in the party constitution shall be, election or appointment of leaders, making or amending party laws, financial scrutiny, filling vacant leadership posts by appointment or acting. Party policies and internal rules 31- (1) Every political party shall:- (a) Prepare its policy statement which includes party ideology and submit to the Registrar during an application for provisional registration and anytime afterwards when the party changes or form a new policy or adopt a new ideology.. 15
(b) Prepare party gender policy which includes statements for promoting equal opportunity of other marginalised groups like youth and disabled people. (c) seven days after the nomination day in each general election, submit to the Registrar its election manifesto for that general election. (d) make rules for:- (i) financial management; (ii) election or nomination of party leaders and candidates to public elections; (iii) meetings of the party; and (iv) disputes resolution and disciplinary actions within the party. Party activities and establishment of branches, units and party organs in some places. 32.- (1) No person shall do a party activity, form, establish or allow to be established or formed in any office, branch, unit, youth or women organization or other organ of any political party in any working place, school or other place of learning, places of worship, Government buildings, public institutions or services. (2) For the purposes of this section, places of residence for employees provided by the employer shall not be regarded as places of work. (3) Any person who contravenes the provisions of subsection (1) commits an offence and shall be liable on conviction to a fine not less than five hundred thousand shillings and not more than three million shillings exceeding or to imprisonment for a term of six months or to both such fine and imprisonment and the court shall order the closure or disbanding of the branch, unit, youth organization or other organ of the party relating to the offence. (4) Not withstanding subsection (1), a political party may hold administrative meeting at places referred to in subsection (1) if such places offer facilities or services for hire or reward. A duty of a political party to keep records 33.-(1) A political party shall maintain at its head office and subhead office an accurate and authentic record of:- (a) A register of :- (i) its members, (ii) national leaders; and (ii) members of each party national organ. (b) a copy of the Constitution and rules of the political party; (c) a copy of party manifesto and minutes of national organs of the party; (d) particulars of any contribution, donation or pledge of a contribution or 16
donation, whether in cash or in kind, made by the founding members of the political party, members of the party or any person, organization or institution; (e) party annual budget and action plan; (f) particulars of any property that belongs to the political party, value of each property and the time and mode of acquisition of the property; (g) books of accounts of a political party; (h) the latest and other audited books of accounts of the political party which shall be prepared in accordance with international accounting principles and standards, showing: (i) the sources of the funds of the political party and names, addresses and such other contact details of any persons who have contributed thereto as the Registrar may require; (ii) membership dues paid; (iii) donations in cash or in kind; (iv)indirect contributions to the party and all receipts and disbursements, including income and expenditure transactions of the political party; (v) all the financial transactions and records of assets and liabilities of the political party; and (vi) such other relevant particulars as the Registrar may prescribe. (2) (1) A political party shall maintain at any of its office accurate and authentic records of the party including constitution and rules of the party. (3) Every political party shall maintain at each of its office a registry in which all correspondents of a party shall be kept. (4) A person who interferes with, damages or destroys the records of a registered political party commits an offence. (5) The Registrar, an officer from the Office of the Registrar of Political Parties or any person authorised by the Registrar, may, during working hours, inspect and obtain copies of the records of a political party maintained at its head office or subhead office or any other party office. Duty of political party to inform Registrar 34. -(1) The Registrar may issue a written notice, in the prescribed form, to the Chairperson or Secretary-General of a political party to furnish for inspection by the Registrar the records required to be maintained under section 33, or such other information as is reasonably required by the Registrar to ensure compliance with the provisions of this Act. (2) The Registrar may make copies of, or take extracts from, any records or other information furnished to the Registrar under this section. (3) The Chairperson or Secretary-General of a political party or any person acting 17
or working in the capacity of a chairperson or secretary general, shall comply with a notice issued by the Registrar under subsection (1). (4) A Chairperson or Secretary-General or any member of a political party who fails to comply with the notice under this section commits an offence. (5) Any member of a political party referred in subsection who contributes in the commission of an offence is liable on conviction to a fine not less than five hundred thousands and not exceeding three million or to imprisonment for a term of six months or to both. Powers of the Registrar to demand information from a political parties 35.- (1) The Registrar may, in the execution of functions and responsibilities under this Act, request from a political party any information concerning implementation of this Act. (2) A political party which contravenes the provisions of subsection (1), shall be liable for a fine of not less than one million shillings and not more than ten million shillings. (3) Any person who, being a person having the mandate of his political party, contravenes the provisions of subsection (1) or provides false information to the Registrar, commits an offence and is liable, on conviction to a fine not less than Five Hundred Thousands shillings and not more than three million shillings or to imprisonment for a term of six months or to both. (4) Any person who or institution which contravenes the provisions of subsection (1), despite penalties given under subsection (2) and (3) shall be ordered by the Registrar, to submit the information within a period stated by the Registrar. (5) A political party which contravenes the provisions of subsection (4), shall be liable for suspension or deregistration. Powers of the Registrar to regulate civic education provided to political parties 36-(1) Any institution registered within or outside the United Republic of Tanzania wishing to conduct civic education or any kind of capacity building training or initiative to a political party, must inform the registrar stating objective and kind of training, syllabus if any, people involved in conducting training and been trained, teaching aids and expected results. (2) Any political party invited for training or any kind of capacity building training within or outside Tanzania, shall inform the Registrar within seven days after receipt of the invitation, stating the organization inviting it, purpose of the invitation, place where the event will take place and any other information which the registrar may require. 18
(3) Any person who contravenes the provisions of sub-section (1) and (2), commits an offence and is liable, on conviction to a fine not less than Five Hundred Thousands shillings and not more than three million shillings or to imprisonment for a term of six months or to both. (4) Any institution which contravenes the provisions of subsection (1) and (2) is liable for a fine of not less than one million shillings and not more than ten million shillings. (5) Any person who or institution which contravenes the provisions of subsection (1) and (2), despite penalties given under subsection (3) and (4) shall be ordered by the Registrar, to submit the information within a period stated by the Registrar. (6) A political party which contravenes the provisions of subsection (5), shall be liable for suspension or deregistration. Obligation of a Political Party to maintain a party roaster 37.-(1) Every political party shall maintain registers for:- (a) members of the party at each party administrative level; (b) leaders of the party at each party administrative level; and (c) members of party organ at each party administrative level. (2) The registers in subsection (1) of this section shall be updated at least each month; (3) Each political party shall, within six months after the coming into force of this Act, submit to the Registrar registers mentioned in subsection (1) of this section. (4) The Registrar may, by notice in writing, require a political party to submit registers mentioned in subsection (1) or any particulars relating to such registers, within a period stated by him/her. (5) The notice referred to in subsection (4) shall specify reasons. (6) a political party fails to comply with the requirement of subsection (3) and a notice issued under subsection (4) shall be suspended in accordance with provisions of this Act and any party leader concerned shall be guilty of an offence and shall be liable on conviction to a fine not less than five hundred thousands and not exceeding three million shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment. Qualifications of national leaders of political parties 38.-(1) A Full registered political party shall have national leaders and such other leaders or officers as may be elected or appointed in accordance with its 19
constitution and rules. (2) A person shall be qualified to contest for election or nomination as a leader of a political party if that person isa) a citizen of the United Republic of Tanzania who has attained or is above the age of twenty one years and who can read and write in Kiswahili; b) a member of the relevant political party; c) a person who, within five years prior to the date of submission of the name for election or nomination has not been convicted or sentenced for commission of an offence of dishonest, corruption or evading tax; d) a person of sound mind; and (e) not declared bankrupt by a court of competent jurisdiction. (f) disqualified from holding public office under the Constitution of the United Republic of Tanzania of 1977 or the Constitution of Zanzibar of 1984 or any other written law. Tenure of national leaders of political parties 39..- (1) Political Party leaders shall hold office for a term of five years and may be eligible for re-nomination or re-election. (2) Without prejudice to subsection (1) the five year leadership term can be extended by the Registrar for six months upon satisfactory reasons presented by the party. (3) A party member shall act any post of the party national leadership for a period not exceeding one year. (4) Acting a national leadership position shall be authorised by a party organ in accordance with the relevant party constitution and rules. Election of party national leaders after fully registration. 40.-(1) Every fully registered political party shall be required to convene a general meeting for the purpose of electing national leaders within one year after being fully registered. (2) The registrar of political parties shall deregister a political party which fails to comply with the requirement of subsection (1). Political parties to appoint trustees 41. -(1) Every political party which has obtained a certificate of full registration shall appoint a board of trustees which includes men and women to manage the properties and any business or investment of the party. (2) Every board of trustees shall be duly incorporate under the Trustees 20
Incorporation Act and every party shall, not later than ninety days from the date of full registration, submit to the Registrar (a) the name and address of members of the board of trustees, (b) a copy of the certificate of incorporation. (3) A person shall qualify to be a member of a Board of Trustees if that person is not a party leader. (4)Without prejudice to the provision of subsection (3), the appointment of a member of the Board of Trustees shall be as prescribed in the Trustees Incorporation Act. A register of party trustees 42..- (1) There shall be a register of members of board of trustees of political parties to be maintained by the Office of the Registrar of Political Parties where the names, addresses and other particulars of each member of the body of trustees of a political parties shall be entered. (2) The registers shall be accessible to members of public for inspection or perusal at the time and in the manner as may be determined by the Registrar. Political Parties to appoint accounting officer and establish accounts, internal audit and procurement department. Winding up of a political party 43.- (1) Every political party shall appoint accounting offer in accordance with its constitution and rules to management party finances and other assets. (2) Every political party shall establish a well functioning party accounts unit or department, internal audit unit or department and procurement department unit or department. 44.- (1) a political party may be wound up in accordance with its Constitution and rules by the decision of the national general meeting in whatever name it may be called. (2) No court or tribunal shall have power in any suit to grant an order of voluntary winding up of a political party in favour of a judgment creditor. PART VI RIGHTS AND PREVILEGES OF POLITICAL PARTIES Rights to public meetings and procession 45- (1) Every party which has been provisionally or fully registered shall be entitled:- (a)to hold and address public meetings in any area in the United Republic after giving notification to the police officer in-charge of the area concerned for purposes of publicizing itself and soliciting for membership; (b) to the protection and assistance of the Government security group for the purposes of facilitating peaceful and orderly meetings: 21
(c) to the provision by the State, of fair opportunity to present the political party s programmes to the public by ensuring equitable access to the State owned media. (2) Notwithstanding the provisions of subsection (1) and any other written law, a political party shall not hold public meeting or rally or procession before or after election period unless the public meeting is hosted by elected member of parliament or house of representative in his/her constituency or elected local councilor in his/her ward or parliamentarian/house of representative or councilors women special seats in their jurisdiction and other elected members in their electoral jurisdiction. (3) Nothing in subsection (2) shall prohibit government leaders or official from holding public meeting or processing in excising their duties and political parties in holding public meetings during by election campaigns announced by the National Electoral Commission or the Zanzibar Electoral Commission and a provisionally registered political party from holding a public meeting for recruiting new members. (4) Notwithstanding any other written law to the contrary sections 43, 44, 45 and 46 of the Police Force and Auxiliary Services Act shall apply and have effect as to all meetings and procession to be held on any part of the United Republic by any political party whether provisionally or fully registered. (5) Every party which has been fully registered shall be entitled to put up candidates and to campaign for any candidates in any parliamentary or presidential election or in a local government authority election. (6) A political party which is provisionally registered shall not be entitle to put up a candidate or to campaign for any candidates in any parliamentary or presidential election or in a local authority election or any state election. (7) Any political party or person who contravenes the provisions of this section commits an offence, apart from any other penalty given under the Act, the party shall be liable for fine, suspension or deregistration. Procedure to be followed by a political party before holding a public meeting or procession 46.- (1) When a political party is desirous of holding a meeting or procession in any open public place in any area it shall, not less than forty eight hours before the meeting, submit a written notification of its impending to the police officer in charge of the area in which the meeting or procession is to take place is situated. (2) The written notification referred to in subsection (4) shall specify (a) the name of the political party submitting the notification; (b) the place in and time at which the meeting is to take place; 22
(c) the agenda or purpose in general of the meeting; (d) such other particulars as the Minister may from time to time by notice published in the Gazette specify. (3) Where a political party submits a notification in accordance with subsection (1) it may proceed to hold the meeting in question as schedule unless and until it receives an order from the police officer in charge of the area directing that the meeting or procession should not be held or conducted as notified. (4) A police officer to whom a notification is submitted pursuant to subsection (1) shall not give a stop order under subsection (6) in relation to the notification unless he is satisfied that (a) a previous notification has been submitted by another political party or other persons for holding a meeting or other function or procession in the same place at the same time as is intended by the notifier; (b) the meeting or procession is intended to execute or to be used for an unlawful purpose; (c) the meeting is likely or intended to cause a breach of the peace or to prejudice the public safety in the area; (d) the political party or group of persons giving the notification is not a registered political party or body of persons or the persons submitting the notification is not appropriately identified as an authorised representative of the political party concerned. (5) A stop order given under subsection (3) shall be in writing and in such form as is able to easily disclose the reasons for its issuance and state whether or not the political party concerned may hold the meeting at the venue at another time or date convenient to it in the same area. Political parties not form security group 47.-(1) No political party shall recruit or deploy or form a security group of any kind or maintain an organisation capable of usurping the functions of the police force and any government security organ. (2) No political party shall conduct, coordinate or order to be conducted or coordinated, military style training or any kind of training intended for use of force or any kind of weapon, to its members or any other person. (3) a political party which does not comply with the requirement of subsection (9) and (10) of this section, shall be deregistered and every national leader of the party concerned shall be guilty of an offence and shall be liable on conviction to a fine not less than five million and not exceeding ten million shillings or to imprisonment for a term not less than one year and not exceeding two years or to both such fine 23