Tangible Initiatives for Local Development Tanzania (TIFLD)

" Tech driven NGO "

Donate Here

Stakeholder Input

No Name of the Law Marginal Note Issue The challenge Stakeholder's Proposition Taken for Reforms Status after Reforms Registration date
1 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Establishment of Office of Registrar Section 4 (5) (d) The law has provided powers to the Registrar in receiving and reviewing income and expenditures of political parties including accountability of party resources. This contradicts Section 14(1)(b)(i) of this law where political parties need to submit to the Registrar annual statement of accounts audited by the Controller and Auditor-General. The powers in receiving and reviewing income and expenditures of political parties should be under the Controller and Auditor-General and not the Registrar. Registrar should be served a copy for the purpose of records 2022-07-05 13:51:20
2 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Establishment of the office of the Registrar Section 4 (6) Requirement of the Registrar to perform functions under the Act with consultation with Ministers only while living behind important stakeholders. The phrase "and other stakeholders like Political Parties, Civil Society Organizations and Thematic Experts for instance gender and people with disabilities." should be added immediately after the word "Minister." 2022-07-05 14:00:20
3 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Suspension from conducting political activities Section 21 (E) (1) The powers of the Registrar to suspend any member of a political party who has contravened any provision of the Act from conducting political activities instead of the Political Parties which own members and have it is disciplinary mechanism. These powers to conduct a disciplinary proceedings of a member of political party should be left to the political party itself. As per specified procedures of punishments based on parties regulations and guidelines. In alternative this can be performed through a judicial process . 2022-07-05 15:46:13
4 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Power of Registrar to suspend or cancel registration. Section 19. Power of Registrar to suspend or cancel registration The registrar has the power to suspend or cancel the registration of any political party on his/her own move. The registrar should apply to the court for suspension or cancellation of a political party and the court should determine the application by granting suspension or cancellation. 2022-07-05 16:28:52
5 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Suspension from conducting political activities Section 21 (E) (2) Any party member who conducts party or political activities or participates in an election or causes any person to conduct party political activity or participate in an election during period of suspension of such party, commits an offence. This provision does not provide what amounts to political activities, time for suspension, and procedures in case of challenging the suspension. This process should be subject to a judicial process, the "political activities" should be defined, suspension time to be stated clearly with time limit. 2022-07-05 16:30:00
6 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Disqualification from Registration Section 11 (1) (c) Disqualification of persons who face a sentence exceeding 6 months imposed by a competent court or authority. This does not align with the CURT Art 5 (2) (c) which directs that offences should be specified and not basing on the weight of the sentence. Specific criminal offences to disqualify a person from being registered as a voter should be listed as prescribed as per Article 5 (2) (c) of the Constitution of the United Republic of Tanzania and not the weight of sentence. 2022-07-05 16:39:11
7 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Decision of Registrar to be final Registrar has the power to cancel the registration of a political party. Section 20(1): The decision of the Registrar on the registration or the cancellation of the registration of any political party shall be final and shall not be the subject of appeal in any court. The finality of the decision to register or cancel political party without court process endangers the principle of natural justice and rule of law for political parties to seek legal redress. This contravenes Article 13(6)(a) of the Constitution. The Registrar should apply to High Court for cancellation or suspension of political party, and the court decision should be appealable to the Court of Appeal of Tanzania. 2022-07-05 16:48:28
8 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Interpretation Section 2. Interpretation of the word "qualified" and "qualification" bring ambiguity, and is not based on a legal ground like Constitution only one’s intention to claim qualified. When a person read S.2 and S. 11 on disqualification one can see the risk of violating the right to vote on the ground of disqualification. We propose the definition of the words "qualification" and "qualified" to be in accordance to the qualification Provided by Article 5 (2) of the Constitution of the United Republic of Tanzania. 2022-07-05 17:32:20
9 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Offences and penalties Section 21D. The penalties are huge and unspecific to undisclosed offences to people especially to women who are vulnerable due to law purchasing power. For instance, fine of not less than 3 million shillings not exceeding ten million or to imprisonment for a term of not less than 6 months not exceeding 1 year or to both. To avoid confusion each specific offence should have it is punishment, and reduction of general fine to cater the needs of people especially women. Other offences should be punished under other laws such as the Penal Code, and other related laws. 2022-07-05 17:40:26
10 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Place of and Disqualification from Voting Section 13 (4) This provision limits people to vote outside their polling districts. This limits people from voting during election once a voter is outside their registered constituencies. The law should allow qualified voters to vote from any polling district provided they are qualified voters. Technology should be put in place to facilitate people to update their voting information prior to the deadline set to update their information for voting.. 2022-07-05 17:54:24
11 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Regulations, Directive and notices. This provision gives power and legality to the Chairman of the Commission to make directives and regulations Section 3. The commission has been given powers to make regulations, directives and notices. Once made and signed by the chairman/director of elections becomes valid. The provision is silent on the guidelines and scope of the content and process of making those directives, notices and regulation. This leaves a room for abuse of power. 1. Any directive and guideline should either be endorsed by the Parliament or involving all stakeholders from political parties and civil society actors . 2022-07-05 18:04:55
12 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Application of and accounting for subvention. Section 18 (4), (5), (7) Proposals for action in regard to qualified or disclaimer audited reports shall be picked from the CAG and not powers conferred to the registrar. The CAG should remain as the final authority vested with the powers of performing all operations related to audits as per the Article 143 of the Constitution. 2022-07-05 18:32:39
13 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Voters Education, This provision gives the Commission the power to supervise anyone who gives voters education Section 4C; The supervision limits freedom of expression. The approval process does not provide room for inquiry as to reasons to why one misses a selection. Reasons should be supplied to those missing in the selection process. Voters should be given freedom to search knowledge and to receive knowledge. The promotion should be inline with the Access to information act and Constitutional Rights to information and freedom of expression. 2022-07-05 18:53:13
14 THE POLITICAL PARTIES ACT CAP 258 OF 2019 The role of registrar to include regulating civic education. S. 5 (A) & (B) It gives the registrar power to inspect, deny permission and determine penalties for those who contravene with the provision relating to the provision related in providing of civic education. Regulate the powers, of the Registrar by the Minister responsible making regulations on the minimum standard for being approved in providing civic education. 2022-07-05 19:28:38
15 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Protects the Registrar from legal suit when performing his/her duties Section 6. This provision protects registrar, deputy registrar and assistant registrar from being charged by law. This protection can be abused by an office bearer may commit a serious offences using the blanket of his office position. Provide for a right to subject these officers to justice institutions when individuals or political parties are aggrieved by office bearers from the office of the Registrar. 2022-07-05 19:31:18
16 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Political Parties Register 8A. Obliges political parties to keep the record in a register with information of political parties but does not include the law does not oblige the political parties to disaggregate the information by sex, location and other variables. Add an obligation requiring gender-disaggregated information to be kept in the records to the Registrar. 2022-07-05 19:45:44
17 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Registration of national leaders to the Registrar 8B. It does not oblige political parties to disaggregate such information by sex, age, disability. Disaggregation of the information by sex, age and others of the National Leaders. 2022-07-05 19:52:43
18 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Qualifications for leaders of political party 10A Gender equality conditions not provided as the condition for full registration requirement. Add subsection (g) to include : has previously committed sexual offences such as rape, sexual corruption and sodomy. 2022-07-05 20:03:29
19 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Coalition of political parties 11A. Provides political parties with a right to form coalition but gender equality implication for merging is not included. Add paragraph the political parties coalition should adhere to gender equality principles in leadership positions and policies in the Second Schedule. 2022-07-05 20:09:46
20 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Nomination of Presidential and Vice Presidential Candidates Section 30 The section emphasizes that contestants of Presidential/Vice Presidential positions to be members of Political parties. This limits citizens rights to be voted for in instances where they do not align with any of the registered parties. We should adopt the concept of Independent candidature and hence include independent contestants to submit their names to the Commission as well. 2022-07-05 20:11:53
21 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Interpretation section has not included gender related concepts 3. section 3 which provides definitions of concepts, does not include any gender-related concepts. Include a definition of inclusive gender responsiveness to read: a process which addresses the needs and interests of diverse interest groups including women, youth, people with disability and marginalized populations. 2022-07-05 20:19:42
22 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Director of Election shall be appointed by the President Section 6. (1) The power to appoint Directors of Elections by the President who is also a candidate of the elections brings the challenge of fairness and possibility of the Director to be accounting to the appointing authority The position should be open for the Public who qualifies to apply and a selection committee formed by representation of all political parties conduct live coverage interview and the top three names be voted for by the Parliament 2022-07-05 20:23:39
23 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Appointment of assistant registrars and other officers Section 5 The Minister may appoint assistant registrars and such other officers in such numbers as may from time to time be required to carry out the purposes of this Act. No exclusive tenure to the office bearers. Vetting process should be inducted to the selection of the position holders to remove private preferences based on political assessment in their selections. 2022-07-05 20:30:24
24 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Provides for Deposits Section 33 The condition of every contestant to deposit an amount determined by the Commission which is not certain limits a number of qualified contestants to participate due to their failure to fulfil this condition. The law does not provide any justification for this deposit. This amount should be removed as a condition to ensure equal participation in the process. 2022-07-05 20:31:48
25 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Provides for Deposits Subsection 2 (b) Section 33 The law provides that incase a person does not receive votes by 1 of 10 of the voters, his deposit shall be forfeited. This provision is not a fair one as being voted for is something a contestant has no power to. Putting such burden or reason to forfeit the deposit of a candidate lacks justification and it is unreal. 2022-07-05 20:37:27
26 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Rights and privileges of, and meetings of, political parties 11.(2) The police have used these provisions of sections 43, 44, 45 and 46 of the Police Force and Auxiliary Services Act to restrict, interfere and affect the operation of political and civic gatherings. The positions in the Police Force and Auxiliary Services Act should be amended to provide definition of “Notification”, provide reasons to allow or stop assemblies which should be challenged before courts of law, and to provide remedy for violation of the freedom of assembly. 2022-07-06 13:30:05
27 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Persons entitled to vote at Presidential election Section 35C (2) (a) & (b) The provision provide that a voter should only vote for the presidential and member of the parliament candidate at his registered constituency and at the poling station in their polling districts of which he is registered. This hinders a lot of people from participating in the elections which is their constitutional right due to not being in their constituencies or polling districts on the election day. The law should allow people to exercise their voting rights from all over the country as long as they qualify to do so without being limited by their registered constituencies. 2022-07-06 14:06:59
28 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Declaration by political parties Section 12C Fraud is a criminal case which should be left to the courts of law Recast this by giving the registrar powers to recommend suspension, pending decisions by the relevant justice organs 2022-07-06 14:07:17
29 THE POLITICAL PARTIES ACT CAP 258 OF 2019 Contents of constitution of political party Section 8D This overloads the political parties Constitutions because Constitutions are supposed to provide basic principles including gender equality principles. Amend that the constitutions of political parties to spell out key principles enshrined in human rights standards and the constitution of URT and that of Zanzibar 2022-07-06 14:26:55
30 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Persons entitled to vote at Presidential election Section 35C (3) The law gives the Commission power to allow people to vote for a Presidential candidate from stations other than their registered polling stations. It does not accommodate elections of the members of parliament or any other position. This limits a number of people from exercising their right as a result of being far or out of their registered polling districts. The law has not provided the specific directions or conditions for granting such permit. The law should allow everyone to vote from their nearest polling stations provided they are registered and own a voters card. 2022-07-06 14:43:05
31 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Appointment of Returning Officers and Other Staff Section 7. The laws wants City Director and Municipal Director, Town City Director and District Executive Director to be the returning officer, the challenge is the nature of the appointment of the returning officers poses a risk for the returning officer to be accounting to appointing authority Qualified Returning officers to be selected from public after a call an for application, interviewed by the commission. and selected by the Commission 2022-07-06 14:51:29
32 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Registration Officers Section 7A This provision needs the Registration and Assistant registration Officers to take and subscribe to an oath of Secrecy. This brings challenges as to when they should open up on malpractices conducts where they happen? We recommend that they should take an oath on Transparence and in case there is a need to take an oath on Secrecy it should be on things prescribed by the constitution only. In a democratic governance transparency is an important principle that needs to be upholded 2022-07-06 15:33:42
33 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Nominations of Candidates Section 38 (4) A candidate is required to submit a statutory declarations signed by the candidate in front of the Magistrate declaring that the candidate is not disqualified, this provision is challenging due to accessibility of the magistrate to many, besides it creates barriers for women it increases costs for elections. The declaration should be signed in front of any notary public including active Advocate to reduce barriers to democratic right of being voted for as well as to reduce costs and increase access. 2022-07-06 17:32:13
34 THE NATIONAL ELECTIONS ACT 343 R.E 2015 Admission to Polling Stations Section 63 CAP 43 R.E 2015 No person shall be admitted to vote at any polling station except at the polling station allocated to him in the polling district in which he is registered as voter. Violation and denial on the right to vote. Voting eligibility be guaranteed access to any polling station within the boundaries of the district a person had registered as a voter for an MP of Presidential candidate and only for a Presidential candidate when out of the district boundaries. 2022-07-06 17:49:17
35 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Electoral Code of Conduct Act No 7 of 2010 s. 26 Section 124A The formation of the Electoral Code of conducts includes only the political parties and the Government, it does not include the CSOs In developing the Electoral Code of Conduct other stakeholders like CSOs should be included. 2022-07-06 17:59:14
36 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Regulations Act No. 6 of 1992 s.56 Section 124 The Commission Power to make Regulations for the better carrying out of the Act. In the making of the regulations, the Commission should consult the Minister and Political Parties. 2022-07-06 18:06:37
37 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Nominations of Candidates Section 38 (5) The provision renders void any submission from the candidate if there is a missing document as specified in section 38 (4) of this law. This provision does not provide a room for a candidate to rectify where the missing document is not presented. The right to be voted for is automatically denied without the right to be heard or a room for rectification This provision should be amended to give a room to candidates to rectify missing documents and to resubmits to avoid closing democratic space. This should be the right to all. The remaining part should be removed because it introduces this right not to all but to particular cases. This provide a room for some to be privilege and not to others 2022-07-06 18:28:35
38 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Nominations of Candidates Section 38 (13) Nominator can nominate one candidate each for Presidential. Parliamentary and Local Authority, the challenge is the Local Authority elections should not be covered under this law The coverage of Local government election should be covered in the Local election laws. 2022-07-06 18:50:57
39 THE NATIONAL ELECTIONS ACT 343 R.E 2015 Decision of Presiding Officer Section 79 The final review of the returning officer in making a decision regarding to a dispute arising from question of the ballot paper does not conform with Article 21 of the Constitution of Tanzania when excluding a counting agent of a candidate or candidate himself presence prior to decision making. All reviews involving disputed ballot papers must be under discussed under the presence of counting agents or candidates. A timeframe on the presence of a candidate or his counting agent should be considered prior making the final decision regarding ballot papers. 2022-07-06 18:53:20
40 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Rules of Court Act No. 6 of 1992 Section 117 The provision gives power to the Chief Justice to make regulations for better carrying out of election petitions and prescribed fees but the filling fees made under GN 447 of 2010 is too much Tsh. 200,000 while there is also the requirement for payment of cots which can affect people who have no enough money especially women and youth. The amount for filling be revised and be the same like filling the Constitutional Petition which is Tsh 120,000 and the requirement for disposition of costs to be removed. 2022-07-06 18:57:59
41 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 False publication of withdrawal Section 91A The provision is not specific on whether the publication is false or true. The marginal notes talks of false publication but as a general rule marginal note is not a law. This provision leaves questions as what is the legal consequence if the publication is true. Also, the law talks of the publication for the purposes of promoting the election of another candidate, how will this purpose be determined? The law should cover only in the instance where the publication is false but also, it leaves a gap for anyone to interpret situations where one publishes for purposes of promoting election of another candidate. 2022-07-06 19:02:09
42 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Deposits Section 38A A candidate or one of his nominator is required to deposited with a returning officer such sum of money as prescribed. The challenge is to women who do not have purchasing power but would wish to run for Parliamentary position these costs creates barriers to many. The Law should exclude women in such provisions as an insertive to promote more women to participate in electoral process. 2022-07-06 19:04:30
43 THE NATIONAL ELECTIONS ACT 343 R.E 2015 Addition of votes in parliamentary election Section 80 (5) Possible abuse of power by the returning officer in the granting approval upon the addition or recount of votes Established guidelines that do conform with the constitution on grounds to be accepted for approval for addition or recount of votes avoiding the abuse of power which is only vested to a single person. 2022-07-06 19:26:55
44 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Petition and Procedures for Disposition of Security of Cost Section 111(2) The requirement for disposition of security costs of not less than five Milion for each respondent to the Court, where the Registrar of court should not register that case. This limits access to justice especially to women who are not well economically. This requirement for the disposition of security costs should be removed. 2022-07-06 19:31:10
45 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Certification as to Validity of Election Section 113 The requirement for the Court to Certify Determination to the Director of Elections is challenging as the certification is not the judicial remedy and this interferes the freedom of judiciary. The court certification to the Director of Elections should be removed. 2022-07-06 20:06:10
46 THE NATIONAL ELECTIONS ACT 343 R.E 2015 Admission to Polling Stations Section 63 (6) Any person if charged with the commission of any offence in such polling station may be kept in custody until he can be brought before a Magistrate. Right to fair trial has been discriminated. A person should be afforded with the right to bail and arraigned to court in reference to the proper procedures expounded on the CPA. 2022-07-11 13:31:31
47 THE NATIONAL ELECTIONS ACT 343 R.E 2015 Election officers Misconduct Section 89A (5) No distinctive roles on who is in charge of the Elections. Either the DPP, Director of Election or Chairman of the Electoral Committee. All offences should be prosecuted by the DPP under this act. 2022-07-11 14:06:32
48 Test Today Restriction in party membership participation Section 12 Allow even when there is one candidate remained to be voted for and where the vote is less than 50% of the total votes to declare the constituent vacant for more members to contest. Yesss 2022-07-11 14:21:27
49 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Avoidance of Election by election petition Section 108 This provision provides that the Presidential Election Results as per Article 41(7) are not challengeable in any Court of Law. This provides challenges when it comes to eligibility of election, and in cases where there have been corruption or malpractice which injures democracy. In a democratic society it is important for the Election results of president to be challenged before Court of law as other election positions. 2022-07-11 14:31:26
50 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Maintenance of secrecy at election Section 93 This provision requires every clerk, interpreter, agent or candidate who are authorized to attend at the polling station for counting votes to take an oath of secrecy. The an oath of secrecy is contradictory in sense that it provide room for limiting of individuals freedom to express what happened in the counting process. especially when there were forgery, bribes and corruption. This provision is subject to abuse, as these people are being tied to say anything. An oath of secrecy should be removed and be replaced with an oath of integrity which will require the person to ensure they follow the law as it is and not otherwise. 2022-07-11 14:47:14
51 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Disqualifications by convictions by corrupt or illegal practice Section 96 (1) & (2) The law disqualifies citizens who are convicts of corrupt and illegal practices to be registered as voters but also to participate in any election. This sections is unconstitutional as it denies citizens to exercise their constitutional rights. Their conviction does not in any way take away their citizenship. Convicts or corrupt practices should be allowed to participate in such activities as whether convicts or not they remain citizens. 2022-07-11 15:09:35
52 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Persons to be deemed guilty of undue influence Section 99 The provision brings the term spiritual injury which is not defined anywhere in the Act and hence creates an ambiguity as to the laws of Tanzania with regard to spiritual perspectives. The term spiritual injury should either be defined or removed from the provision. 2022-07-11 15:18:29
53 THE NATIONAL ELECTIONS ACT, CAP 343 R.E 2015 Public meetings on election day and display of emblems in vicinity of the polling station prohibited Section 104 The provision prohibits all meetings conducted in the vicinity of the polling station without specifying the kinds of meetings prohibited. The law should be more specific and prohibit political meetings rather than being general in nature. Otherwise it interferes with other constitutional right without justification, in a situation where some people gather for worship and other meetings unrelated to politics or election. 2022-07-11 15:40:57
54 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Unopposed Candidate Section 44: Where only one candidate is nominated for an election in a constituency such candidate shall be deemed to be elected. The challenge is this provision does not provide a room to neither critic candidates manifestos nor to input and share public priorities with the candidates. Besides it limits the rights for the public to voice up. Previous candidates were taken out based on minor administrative issues. Allow even when there is one candidate remained to be voted for and where the vote is less than 50% of the total votes to declare the constituent vacant for more members to contest. 2022-07-11 18:51:35
55 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Notice of Election Section 47 (1) Where there is a contested election the Returning Officer shall give notice in the constituency in such a manner as he may think fit. This provision removes the liability from the Returning Officers where the notice about the election has not reached constituencies. The provision should provide minimum requirement that the notice shall reach at least a few stakeholders such as political parties among many others 2022-07-11 19:22:16
56 THE NATIONAL ELECTION ACT CAP 343 R.E 2015 Disqualification of the Candidate Section 50 A (1) (2) The provision has given the Electoral Commission Mandate upon determination to disqualify any candidate if the Political Parties Register believe that the candidate has committed a prohibited practise or has failed to observe Election Expenses Act. The challenge is this provision denies the Candidates rights to be voted for as well as declare him guilty even before judicial proceedings. It is recommended that the Commission should disqualify a candidate if it is proven in the court of law that the candidate has committed prohibited practises or has failed to observe the Election Expenses Act. 2022-07-11 19:39:31
No Record Found