A MODEL BILL ON POLITICAL PARTIES 2022
PROPOSED BY

LEGAL AND HUMAN RIGHTS CENTER

AND

TANZANIA CENTER FOR DEMOCRACY
AND

TWAWEZA

APRIL 2022

 

Table of Contents
PART I 4
PRELIMINARY 4
1. Short title 4
2. Application 4
3. Commencement 4
4. Interpretation 4
PART II 5
OFFICE OF THE REGISTRAR OF POLITICAL PARTIES 5
6. The function of the registrar shall be to 6
7. Procedure for appointment of the registrar 7
Recruitment Committee 7
9. Function of the Committee 8
10. Qualification to be a registrar 8
Recruitment and qualification of Assistant registrar 9
12. Vacancy in the office of the registrar or the assistant registrar 10
13. Removal from office of the registrar or the assistant registrar 10
Establishment of political parties Liaison Committee 11
PART III 12
REGISTRATION OF POLITICAL PARTIES 12
15. Formation of political parties 12
16. Requirement of a political party 13
17. Provisional registration of a political party 13
Application for provisional registration 14
Requirements for full registration 15
Parties with certain names and symbols not to be registered 16
Contents of a constitution or rules of a political party 17
Disqualification from holding an office in political party 17
Resignation from a political party 18
Rights and privilege of political party 18
Parties activities not be interfered by state machinery 19
Corporate status of political parties and declaration of assets 19
Public and internal meeting of political parties 20
Notification of changes, alteration in constitution 21
Effect of deregistration 22
PART IV 23
COALITION AND MERGER OF POLITICAL PARTIES 23
(k) Political Parties Coalition 23
Merger of Political Parties 24
Effect of merger 25
PART V 25
POLITICAL PARTIES DISPUTE TRIBUNAL 25
Establishment of the Tribunal 25
Jurisdiction of the tribunal 26
Determination of disputes 27
Removal of member of tribunal 27
Staff of the tribunal 28
Expenses of the tribunal 28
PART VI 29
FUNDING AND ACCOUNTS OF POLITICAL PARTIES 29
Distribution of the fund 29
Purpose of the fund 30
Audit of political parties Accounts 30
Audit and Accounts of the Registrar 31
Publishing sources of fund 31
PARTY VII 32
GENERAL PROVISIONS 32
Offenses 32
General penalty 32
Winding up political parties 32
Regulations 33
Transitional provisions 33

A BILL

for

An Act to provide for the Law regulating the political parties registration, appointment of the Registrar of the political parties and management of affairs of political parties.

ENACTED by Parliament of the United of Republic of Tanzania

ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Short title
This Act may be cited as a Political Parties Act.
2. Application
This Act shall apply to Tanzania Mainland as well as Zanzibar.
3. Commencement
This Act shall come into operation on such date as the Minister may, by notice in the Gazette, appoint.
4. Interpretation
In this Act unless the context requires otherwise;-
“Coalition” Means an alliance of two or more political parties but retaining the status of member political party formed for a purpose of pursuing a common goal and is governed by a written agreement deposited by coalition members to the office of the Registrar.

“Commission” means any independent body established by the Law.

“Election” means the Act of selecting by vote, of a person or persons from among a number of candidates to fill an office or to leadership of any political party.

“Founder member” means a person who forms a political party and who have contributed or offered to contribute either in cash or in kind to the initial asset of the party in respect of the first year of its existence.

“Fund” means the Political parties fund established by section 40 of this Act.

“Governing body” means the committee responsible for administering the affairs of a political party.

“Merger” Means unification of two or more political parties consolidate their operations and combines all officers, structure and other functions of the political parties to form one political party.

“Political Party” means any organized group formed for the purpose of forming a government or local government authority within a United Republic through election.

“Public Officer” is a person who has been legally employed or appointed to office and who exercises governmental functions.

“Recruitment committee” means a committee responsible with the appointment of the Registrar of Political Parties formed under section 8 of this Act.

“Registrar” Means the Registrar of Political Parties appointed under section 5 of this Act includes the Assistant Registrar.

“Tribunal” Means a Political Parties Dispute Tribunal established under section 34 of this Act.
PART II
OFFICE OF THE REGISTRAR OF POLITICAL PARTIES
5. (1) There shall be established an office of the Registrar of political parties which shall be a body corporate with perpetual succession and a common seal which shall be capable of suing and being sued in its corporate name.

2. The Registrar of Political Parties shall be appointed by the President as among the list of persons recommended by the National assembly to the President for appointment as Registrar of Political parties.

3. The office of the Registrar shall be independent and shall not be subject to direction or control of any person or authority established by law in the United Republic of Tanzania save for compliance with the Court or other legally established Tribunals orders or directives.

6. The functions of the Registrar shall be to; -
(a) Register and supervise political parties to ensure compliance of this Act.
(b) Administer the funds of the office of the Registrar.
(c) Cause to be published in a user-friendly manner the audited annual accounts of political parties in its own website as well as respective political parties websites.

(d) verify and make publicly available the list of all national leaders of each permanently registered political party.
(e) To submit and present in a public hearing before the National Assembly the Audited report of the office of the Registrar of Political parties and any political parties that received government appropriated funds to political parties.
(f) maintain a register, names, symbols of political parties.
(g) investigate complaints received under this Act; and,
(h) perform such other functions as may be conferred by this Act or any other written law.
7. Procedure for appointment of the Registrar
A person intending to apply for appointment as a Registrar shall in the prescribed manner apply for such appointment to the National Recruitment Committee.
National Recruitment Committee
8. The Recruitment Committee referred in subsection (7) above shall be composed of; -
1. The Chief Justice who shall be the chairperson.
2. The Judge of the Court of Appeal who shall be the deputy chairperson and shall hail in the different part of the United Republic from that of the Chief Justice and such that if the chief justice is male the other Judge of the Court of Appeal shall be female.;
3. The Principal Judge who shall be the co-secretary to the Committee.
4. The Chief Justice of Zanzibar who shall be the co-secretary to the Committee; or another Judge of the High Court of Zanzibar appointed by Zanzibar Chief Justice.
5. Deputy Attorney General of the United Republic of Tanzania or his representative such that, if the Principal Judge is male, the representative of deputy Attorney General shall be female
6. President of Tanganyika Law Society and another representative of the Tanganyika Law Society such that, if the president is a male the other representative shall be female.
7. President of Zanzibar Law Society and another representative of the Zanzibar Law Society such that, if the president is a male the other representative shall be female.
8. The President of Female Judges or her representative.
9. One person elected by Federation of People with Disabilities Organizations.

9. Functions of the Committee
10. 1) The Committee shall;
(a) Assess the qualifications of any candidate applying to be appointed as the Registrar of Political Parties.
(b) Conduct public hearing during the screening of candidates for the position of the Registrar of Political Parties and deputy Registrar.
(c) If necessary, summons witness on matters related to candidates testimonies, qualifications any other evidence as the Committee may deem necessary;
(d) In case of the Registrar, send to the President three names for appointment as Registrar;
(e) In case of the Deputy Registrar, send to the President the name of the nominated Deputy Registrar for appointment.
10. Qualifications to be a Registrar
1) A person shall be qualified to be appointed as a Registrar of Political Parties if the person; -
a) hold a master’s degree in law from a recognized university.
b) Hold the qualifications for appointment as a Judge of the High Court or Court of Appeal in the United Republic and has held such qualifications for more than fifteen years.
c) is a person of high moral character and integrity;?
d) In the last fifteen years has not held membership or affiliated to any political party.
e) Has never served in the salaried appointment position for public office for five years preceding his candidature.
2) The Registrar shall, before assuming office subscribe before the President the oath allegiance to the United Republic.
3) The Registrar shall save for a period of five years and shall be ineligible for re-appointment.
4) A person who served as the Registrar of Political Parties shall not be eligible for appointment in any public office of the United Republic within seven years after the end of his tenure as a Registrar.
5) A person who served as a Registrar of Political Parties shall not be sponsored by the political party for any future elective position.

Recruitment and qualifications of Deputy Registrar
11. (1) There shall be a Deputy Registrar of Political Parties who shall assist the Registrar in day-to-day business of the office of the Registrar.
2. The Assistant Registrar of shall be appointed by the National Recruitment Committee in the same manner as that of the Registrar save that, the Committee shall send the name of the appointed candidate to the Public Service Commission for his employment.
3. The qualifications provided under section10 (1) above shall apply mutatis mutandis to the Deputy Registrar save for paragraph (b).

Vacancy in the office of the Registrar, Deputy Registrar
12. (1) Whenever a vacancy arises in the office of the Registrar or Deputy Registrar of the President shall appoint the Registrar and Deputy Registrar in as provided under section 7, 9 and 10 of this Act.
(2) If the position of the Assistant Registrar falls vacant, his position shall be filled in as provided under section 10(2) of this Act.
Removal from Office of the Registrar or Deputy Registrar
13. (1) The Registrar, Deputy Registrar or the Deputy Registrar may be removed by the from the office for; -
a. Grave violation of the Constitution or this Act;
b. incompetence.
c. gross misconduct.
d. inability to perform the function of the office arising from mental or physical incapacity.
e. Bankruptcy.
f. Has become a member or affiliated to any political party.

2. A person desiring the removal of the Registrar or Assistant registrar shall present a petition to the Public Service Commission which shall be in writing in a prescribed manner setting out the alleged facts constituting the ground for the removal of the Registrar or the Deputy registrar.
3. The Public Service Commission shall consider the petition and if, it is satisfied that it discloses the existence of a ground under subsection (1) it shall send the petition to the President save for a petition of an assistant registrar which shall be determined by the Commission.
4. On receipt and determination of a petition concerning the Registrar, the President shall,
a. suspend the Registrar pending the outcome of the inquiry;
b. The President shall appoint a Tribunal consisting of;
i. a retired judge of the High Court or the Court of Appeal who shall be nominated by the Judicial Service Commission;
ii. two other persons of which one shall be a woman elected by the Tanganyika Law Society qualifying to hold an office as a judge;
iii. two persons of which one shall be a woman nominated by the Commission of Human Rights and Good Governance;
iv. Two persons one of whom must be a woman elected by the Zanzibar Law Society each of them possessing qualifications to be appointed as Judge;

5. The Tribunal shall investigate the matter fairly, report on the facts and make a binding recommendation to the President who shall implement the recommendations within 30 days from the reception of report.

6. While on suspension, the Registrar shall continue to receive half of the remuneration and other benefits thereto until the President make a decision on the allegation made against him.

7. The procedures of removing the assistant registrar shall be in accordance to the public service Act and its regulations
Establishment of Political Parties Liaison Committee
14. (1) There is established a Political Parties Liaison Committee;-
(2) the Political Parties Liaison Committee shall be established at the Ward, District, Regional and National level.
(3) The key function of the Political Parties Liaison Committee is to provide a platform for dialogue between the Registrar and political parties.
(4) The Political Parties Liaison Committee shall perform other functions as may be prescribed by rules made and publicly gazetted by the Registrar in consultation with all registered political parties.

PART III
REGISTRATION OF POLITICAL PARTIES
15. Formation of political parties
1. A political party may, subject to the provisions of the Constitution of the United Republic of Tanzania and this Act, be formed in Tanzania to further purposes which are not contrary to the Constitution or any other written law of the land.
2. A political party shall promote inclusiveness, democracy and participation of its members in the;-
a. formulation of its policies;
b. nomination of candidates for election.
3. A citizen of Tanzania who has attained the age of 18 years may, subject to the provision of this Act or any other law of the land;-
a. form or participate in the formation of a political party;
b. contest for an elective position in a political party in which the person is a member.
16. Requirement for registration of a political party
1. An individual, a group of people, an association, or an organization shall not operate or function as a political party unless it has been registered in accordance with the provisions of this Act.
2. The Registrar shall not register an association of persons or an organization as a political party if such association or organization does not meet the requirements set under this Act.
17. Provisional registration of a political party
1. An association of person or organization applying to be registered as a political party may apply to the registrar for provisional registration.

2. Upon receipt of an application for registration under subsection 1 the Registrar shall;
a. within 30 days publish in the Gazette and in at least three newspapers with national circulation, inviting objections from any person or from any political party on the registration of the name, symbol, color of the political party or any other issue relating to the registration of the political party.
b. within 45 days of the association or the organization fulfilling the conditions prescribed in section 17 (1), issue that association or organization with a certificate of provisional registration.

3. A political party that has been provisionally registered under subsection 2 shall, not later than 150 days from the date of registration, apply to the registrar for full registration.

4. The provisional registration of a political party which has not applied for full registration shall lapse at the expiration of one hundred and fifty days from the date of issue of the certificate of provisional registration.

5. The provisional registration of a political party which has applied for full registration shall be valid until a political party is issued with a certificate of full registration, or the application of the political party to be registered has been rejected.

6. The political party that has been provisionally registered under subsection 2 shall not be entitled to participate in an election.
Application for provisional registration
18. (1) An application for provisional registration for then proposed political party shall be in writing and be signed by the applicants, of which not more than two third shall be of the same gender.

(2) An application for provisional registration shall;-
a. be accompanied with a signed minutes of the first meeting of the founding members of the political party;
b. set out the name of the political party;
c. if the political party wishes to use an abbreviation of its name for the purpose of this Act, set out its abbreviation;
d. include an undertaking to be bound by this Act;
e. be accompanied by the prescribed fees;
f. be accompanied by a copy of the constitution of the proposed political party which shall comply with the provision of section 20 of this Act;
g. include a request to the registration of symbol of the political party; and
h. Its proposed decision making body has complied with one third gender principle.
Requirements for full registration
19. An application for full registration of a political party shall be in writing in the prescribed manner and shall be signed by an authorized official of the political party.

20. Provisionally registered political party shall be qualified to be full registered if;
a. It has recruited as members, not fewer than one thousand registered voters emanating from ten regions of which two of them shall be from Tanzania Zanzibar;
b. The members referred to in paragraph (a) above reflect regional and ethnic diversity, gender balance and representation from special interest groups;
c. The composition of its governing body reflect regional, ethnic diversity, one third gender principle and representation from special interest groups.

21. The Registrar shall refuse registration of the Political party if;-
(1) More than two third of the members of the governing body are of the same gender.
(2) It has not submitted to the Registrar;-
i. A list of names, address and identification particulars of its members.
ii. The location of its head office, which shall be registered office within Tanzania and a postal address to which notices and other communication may be sent;
iii. The location and addresses of the branch offices of the political party which shall be in more than half of the regions in Tanzania and one of its offices must be established in Tanzania Zanzibar; and
iv. The disaggregated data of its membership based on each of the component of the special interest group;
(3) The registrar within 30 days of an application under subsection 2 issue a certificate of full registration to a provisionally registered political party which has fulfilled the conditions for full registration.

Parties with certain names and symbols not to be registered
22. The Registrar may refuse an application for registration of a political party if the name of the political party, the abbreviation or the symbol that it wishes to use for the purpose of this Act;
a. is obscene or offensive ;
b. is the name or an abbreviation of another political party that is registered under this Act;
c. so nearly resembles the name or symbol, or an abbreviation of the name of another political party registered under this Act or any other legal entity registered under any other written law of the land.
Contents of a constitution or rules of a political party
23. (1) The constitution or rules of any political party shall provide for matters as shall be specified in the schedule to this Act.

(2) The constitution or rules of any political party shall ensure that not less than two third of the membership of all party organs, bodies and committees, in aggregate are of the same gender.

24. (1) A Public Officer should not involve himself in the course of registration of a political party.
(2) For purpose of registration of a new political party a public officer shall not;-
(a) be eligible to be a founding member of a political party;
(b) be eligible to hold an office in a political party;
(c) Engage in political activities that may compromise or be seen to compromise the political neutrality of that person’s office or;
(d) publicly indicate support for or opposition to any political party candidate in an election.
(3) Subsection 1 shall not apply to a President, deputy President, ministers, members of parliament and councilors.
Disqualification from holding an office in political party
25. A person disqualified from holding public office under the constitution, this Act or any other written law shall not hold office in the governing body of a political party or to be a founding member.
Resignation from a political party
26. (1) A member of a political party who intends to resign from the political party shall give a written notice prior his resignation to;
a. General secretary of the political party;
b. In case of a member who is a councilor to the executive director of the town, city, municipal or district council of which shall copy the general secretary of the party of which he is a member;
c. in case of a member, who is a member of parliament to the clerk of the National Assembly and copy the general secretary of the party of which he is a member.

d. In case of a President in accordance with the Constitution of the United Republic.
Rights and privilege of political party
27. (1) A fully registered political party in Tanzania shall be entitled to;-
(1) to hold and address both internal and public meetings and gathering in any area in Tanzania for the purpose of publicizing the political party and recruiting members;
(2) to the protection and assistance of the state security agency for the purpose of facilitating peaceful and orderly meetings;
(3) to the provision by the state, of fair opportunity to present the political party’s programme to the public by ensuring equitable access to the state owned media;

(2) The above-mentioned privileges and rights in subsection (1) shall be afforded to a provisionally registered political party as if it is fully registered.

(3) Notwithstanding the provision of subsection (2), the provisionally registered political party shall not be entitled to organize or hold public meetings in connection with any election, or to propose or campaign for any candidate in any election.

(4) A political party which contravenes the provision of subsection (3) above shall not qualify for full registration.

Parties activities not to be interfered by state machinery
25. (1) State machinery including the Police Force shall not in any means interfere with political parties activities including public and internal meetings.

(3) It shall be the obligation of the Police and other National Security agencies to guarantee and afford a peaceful conduct of the Political party internal meetings and peaceful public meetings gathering and peaceful demonstration.

(4) The political party that intends to conduct the public gathering or peaceful demonstration shall notify the police in charge of the Area where gathering or demonstration will be conducted.

(5) The police shall not without unjustifiable reason refuse the political party to conduct the meeting, public gathering or peaceful demonstration.

(6) Any police officer who maliciously refuse the political party to conduct lawful meetings, gathering or demonstration shall be subjected to the disciplinary action under the police force procedure.

Provided that a political party public meeting where the police officer in charge of the place where the meeting is to be conducted was not notified within 48 hours shall be unlawful.

Corporate status of political parties and declaration of assets
26. A political party which has been fully registered under this Act shall be a body corporate with perpetual succession and a common seal and shall be capable in its own name of;
a. acquiring and disposing of property
b. suing and being sued
c. doing or performing all such acts and things as a body corporate may by law do or perform
Public and internal meetings of political parties
27. (1) A fully registered political party shall hold meeting of the party organ at, village, ward, District, Regional and National level in accordance with the party constitution.
(2) A fully Registered political party shall be entitled to hold public and peaceful gathering, demonstration, meetings for the purpose of recruiting new members, disseminate its policies to public or Advocate for policy and law reforms in the United Republic of Tanzania.
(3) A fully registered political party shall elect its national leaders within every five years in accordance with its constitution.
(4) A political party intending to hold a public meeting shall comply with the law relating to public meeting.
(5) A fully registered political party that does not comply with the provision of subsection 3 above may be deregistered.
(6) No authority established by law in the United Republic without a justifiable cause may suspend the right of political party to conduct public and peaceful meetings, gathering or demonstration.
(7) Subject to the provision of subsection (6), the public gathering may be refused for national security reason save that, a qualified security officer shall communicate to the political party the apparent security concern that led to the refusal of public gathering in the respective area.
Notification of changes, alteration in constitution

28. (1) Where a fully registered political party intends to change or amend;
a. its constitution;
b. its rules and regulations ;
c. the title, address or name of any party official;
d. its name, symbol, slogan or color or;
e. the address and physical location of the head office.

Shall notify the Registrar of its intention and the Registrar shall, within seven days after the receipt of the notification, cause a notice of the intended changes or alteration to be published in the Gazette.

(2) The changes referred in subsection ( 1) above shall be deemed to take effect only if, the decision to make the aforesaid changes was made by either an extraordinary general meeting or an annual general meeting of the political party and a resolution of two third of members of the political party was passed supporting the same.

Application for deregistration of a political party
29. (1) The Registrar or any person other than any political party may apply to the High Court for deregistration of a political party.

(2) The Registrar may deregister a political party only if, a Court has ordered for such deregistration and no Appeal, Review or Revision is filed for determination by the affected political party or its members in the competent Court.

(3) The Court may order for deregistration of a Political party if;-
a) It has been proved to the satisfaction of the Court that the registration of that Political Party has been obtained illegally ;
b) Gravely violated the Constitution of the United Republic ;
c) In its Constitution, policies or publicly advocate for terrorism, terrorism financing, fascism and related elements;
d) Failed to conduct members annual general meeting in accordance to its Constitution for consecutive ten years;
e) Its Constitution, party policies, manifesto or publicly advocate for ethnic cleansing of any community within the United Republic of Tanzania.
f) In time of war sides with enemies of United Republic of Tanzania.
g) In consecutive five years, has not conducted election of its top leadership.

(4) The Court may suspend registration of any political party pending formal deregistration by the Registrar.

(5) A political party that has been suspended under subsection (2) above shall not be entitled to any of the rights and privilege specified in section 26.

(6) If the Court has ordered the political party to remedy the breach to the law within a prescribed time, the Registrar may deregister that political party if it fails to remedy the anomaly within the time prescribed by the Court.

(7) The Registrar shall, within 7 days after deregistration of a political party under section 31 (2) cause a notice of the deregistration to be published in the Gazette.
Effect of deregistration
30. Where a political party is deregistered under this Act, no person shall;
a. summon a meeting of members or officers of the political party other than for the purpose of winding up of the political party or for the purpose of challenging the deregistration of the political party.
b. attend or make a person attend a meeting in the capacity of a member or officer of the political party.
c. publish a notice or advertisement relating to a meeting of a political party except for a meeting relating under paragraph (a)
d. invite persons to support the political party.
e. make a contribution or loan to funds held or to be held by or for the benefit of the political party or accept a contribution or loan.
f. give guarantee in respect of any loan or security.

31. where a political party that has been deregistered under section 29 had representatives elected as the president, deputy president, Prime Minister, a minister, member of parliament, chancellors or any other representative shall from the date of such deregistration cease to hold such office.

PART IV
COALITION AND MERGER OF POLITICAL PARTIES
32. Political Parties Coalition
1. Two or more political parties may form a coalition before or after an election and shall deposit the coalition agreement with the Registrar.

2. A coalition agreement entered into before an election shall be deposited with the Registrar at least 21 days before an election day.

3. A coalition agreement entered into after an election shall be deposited with the Registrar within 30 days of the signing of the coalition.

4. The coalition agreement shall set forth the matters to be shared and the allocation of seats for each party if any.

5. The decision to enter into a coalition agreement shall be made by the supreme policy organ of the Political party as may be delegated by Annual general meeting of each political party of which a resolution of two third of members shall be passed.

6. A coalition agreement shall be deemed to be valid only if the requirement under subsection (5) are fully complied with.

Merger of Political Parties
33. (1) A political party may merge with another political party by.
a. forming a new political party.
b. merge into an already registered political party.

(2) A political party shall not merge with another political party unless the merger is in accordance with the constitution, rules and procedures of the political party merger.

(3) The decision to merge shall be in writing and shall be duly executed by the Central Committee of each political party as maybe delegated by the party general assembly of which a resolution of two-third of all members shall pass the resolution.

(4) The merger agreement signed under subsection (3) shall be deposited with the Registrar within 30 days from the date the merger agreement was signed.

(5) Upon receipt of an a merger instrument, the Registrar shall withdraw and cancel the merged political parties including symbols, logo, name, into the register of political parties and Gazette the same within 14 days from the date the merger agreement was deposited thereto of which the Registrar shall issue a certificate of registration of the newly registered political party.

(6) All members of the merged political parties shall be deemed to be members of the newly registered political party.

Provided that the canceled name, symbol and logo of the merged political parties shall not be used by another political party for registration.

(7) The merger of political parties shall not affect election of any member of the former political party from continuing holding the elected position and shall be deemed to have been elected under the new political party.

(8) The newly established Political party shall be allowed the former names, symbol or other trademark of any or all merged political parties.

Effect of merger
34. (1) Where two or more political parties pass a resolution to merge, the merged political parties shall be withdrawn and canceled from the register of the Registrar and the merged political parties shall become a single political party.
(2) The assets and liability of the merged political parties shall be the assets and liability of the newly established political party.

PART V
POLITICAL PARTIES DISPUTE TRIBUNAL
Establishment of the Tribunal
35. (1) There is established a tribunal to be known as the Political Parties Dispute Tribunal and shall consist of the following members:
a. A person holding the qualifications for appointment as the Judge of the High Court or Court of Appeal who shall be the chairperson to be appointed by the National Recruitment Committee.

b. The deputy chairperson who shall hail from another part of United Republic of Tanzania and possess the same qualifications as chairperson save that, if the chairperson is male the deputy chairperson shall be female.

c. Seven other members of which three of them shall be women to be appointed by the National Nomination Committee.

(2) The chairperson and member of the tribunal shall serve for a period of four years and shall not be eligible for reappointment.

(3) A person shall not be qualified from being appointed as a member of the Tribunal if that person is a public servant or a member of any registered political party.

(4) The quorum of the Tribunal shall be five members of which one shall be a woman.
Jurisdiction of the tribunal
36. (1) The tribunal shall determine:
a. Dispute between a political party and the Registrar.
b. Dispute between a member of a political party and the Registrar.
c. Dispute between a member of a political party and the political party.
d. Disputes between political party and a political party ;
e. Dispute between an independent candidate and a political party.
f. Dispute between coalition partners;
g. Dispute between merged political parties

(2) Notwithstanding subsection (1) the Tribunal shall not hear and determine a dispute in paragraph (c) unless the dispute has been referred for resolution to the respective political parties in accordance with their internal disputes’ resolution mechanism.
Determination of disputes
37. (1) The Tribunal shall hear and determine a dispute in section 36 above within 21 days from the date the dispute is referred to it.
(2) All disputes referred to the Tribunal shall be instituted to the Secretary of the Tribunal.

(3) The manner of lodging disputes before the Tribunal shall be prescribed in the rules of procedure of the Tribunal.

(4) The Tribunal shall apply the rules of technicalities, law of evidence and its decision shall be as good as of that of the Court of law.

(5) The Registrar its deputy and other staff shall not interfere in the business of the Tribunal.

(6) Any person aggrieved by the decision of the Tribunal may Apply for Review of the Decision to the High Court.
Removal of member of tribunal
38. A member of the Tribunal, may before the expiry of his tenure may be removed from the office if; -
a. Violates the Constitution.
b. He has been declared bankrupt.
c. is convicted of a criminal offence.
d. is incapacitated by reason of prolonged physical or mental illness from performing the duties of the office.

e. is otherwise unable or unfit to discharge the functions of the office.
f. has become a member of a political party; or
g. has been appointed or elected to any public office established by law.
Staff of the tribunal
39. (1) The members of the Tribunal shall serve their mandate as part time and shall not be salaried save that they will receive commission for their service.

(7) For the proper function, the Tribunal shall have its own staff including the secretary who shall be employed in accordance with the Public Service Act and its Regulations thereto.
Expenses of the tribunal
40. (1) The Tribunal shall be allocated its budget by the National Assembly in a financial year.

(2) The chairperson and members of the Tribunal shall be paid such allowances and be reimbursed such expenses as shall be determined by the court chief administrator.
PART VI
FUNDING AND ACCOUNTS OF POLITICAL PARTIES
41. (1) There shall be established a fund to be known as the Political Parties Fund which shall be administered by the Registrar.

(2) The fund shall secure its fund from.
(a) Appropriation from the National Assembly.
(b) Loans.
(c) Donations.
(d) Any other lawful fund as the Registrar may request.
Distribution of the fund
42. (1) The National Assembly may appropriate not more than one percent of the National budget to be allocated for Political parties such that;-
a. Thirty percent of the appropriated funds to be equally distributed to all permanently registered political parties save that, the respective political party has deployed candidate in not more than 30 percent of the available constituencies and secured not less than 3 percent of the elective constituencies.

b. Thirty percent of the appropriated funds to be distributed on proportionality of the percentage secured by the political party in the latest parliamentary election.

c. Thirty percent of the appropriated funds on proportionality of the percentage secured by the political party in the latest presidential election.

d. Ten percentage of the appropriated funds on proportionality of the percentage secured by a political party in the latest local government election.

(2) Notwithstanding subsection (1), a political party shall not be entitled to receive funding from the fund if ;-
a. the party does not secure at least 3% of the total number of votes at the preceding general election;
b. more than two third of its registered office bearers are of the same gender.
c. the party does not have in its governing body, representation of special interest groups .

(3) For the purpose of subsection 1(a) and 2(a), the total number of votes secured by a political party shall be computed by adding the total number of votes obtained in the preceding general election by a political party in the election for the President, Member of Parliament and councilors.
Purpose of the fund
43. The purpose of the fund shall be to ensure and facilitate administration and activities of political party.
Audit of political parties Accounts
44. (1) A political party shall keep proper books and records of accounts of the income, expenditure, assets and liabilities of the political party.

(2) All political parties shall be audited by the Controller and Auditor General of the United Republic of Tanzania.

(3) The Controller and Auditor General may, in his opinion, and at any time, audit accounts of each political party or demand any book, record or financial report of certain transactions of a political party, if so require in the interest of the public.

(4) The audited reports in subsection (2) and (3) shall be submitted to the Registrar and tabled before the National Assembly for debate.

(5) Audited reports of political parties shall be public documents which may be inspected by the public.
Audit and Accounts of the Registrar
45. (1) The office of the Registrar shall keep proper books of accounts of the income, expenditure and asserts of the office.

(2) The Controller and the Auditor General shall audit the financial accounts of the office of the Registrar annually.

(3) The audited accounts in subsection (2) shall be tabled before the National Assembly for debate.

(4) The Controller and Auditor General, may at any time, in his opinion audit, demand certain accounts from the office of the Registrar, if he so requires in the interest of public.

(5) The audited report of the office of the Registrar shall be public documents for inspection by the public and for that purpose the Registrar shall cause the audited report to be published in the official website of the office of Registrar.
Publishing sources of fund
46. Every political party shall publish in its website and avail to the Registrar for publication the fund received not more than three months following the commencement of Government financial year for the fund received in the previous financial year.

PARTY VII
GENERAL PROVISIONS
Offences
47. A person commits an offence under this Act, if he does not comply with the provisions of this Act
General penalty
48. A person convicted for an offence under this Act for which no penalty is prescribed shall be liable, on conviction, to a fine of not less than 5 million Tanzanian Shillings and not more than 10 million Tanzanian Shillings or imprisonment to a term of not less than 2 years and not more than 4 years
Winding up political parties
49. (1) The Registrar shall, upon deregistration of a political party or its declaration as a prohibited organization under any law, shall, within 14 from the date of publication of the notice for deregistration gazette his intention to wind up the deregistered political party.

(2) The Registrar upon publishing his intention to wind up the registered political party in subsection (1), within 7 days shall make an application to the High Court for winding up and dissolution of that political party, and the disposition of the assets, properties, rights and liabilities of the political party.

(3) The High Court shall make such orders as appears to it to be just and equitable in the circumstances of the case.
Regulations
50. The Minister responsible for political parties may in consultation and subject to approval of the permanently registered Political parties make regulations for the purpose of facilitating better running of the office of the Registrar and other political parties related activities of political parties.
Transitional provisions
51. Notwithstanding the provisions of this Act;
a. political party existing immediately before the commencement of this Act shall be required to comply with the provisions of this Act within 12 months from the commencement date but shall be exempted from payment of the initial registration fee.

b. a Register of political parties and the Register of members of political parties maintained under the repealed Political Parties Act shall be deemed to have been prepared under this Act.

c. a Registrar of political parties holding office immediately before the commencement of this Act shall continue to hold office until a Registrar is appointed under this Act.

d. Section 20 shall not apply to a political party existing immediately before the commencement of this Act.

Repeal
52. The Political Parties Act, 1992 is hereby repealed.

 

SCHEDULES