INTRODUCTION

Tanzania's constitution was primarily adopted by the British soon after independence in 1961. Since
then it undergo several changes that’s including, from 1965 to 1977, the adopted constitution was
amended. Public participation in the constitution began in 1984, and another amendment in 1992
allowed Tanzania to have multiple political parties. The bill for the constitutional review was
prepared in 2011, and it provides the effect of the constitution event from 2014 to 2015.
(Constitution net. 2014, September). It is important to note that the Tanzanian constitutional reform
process was inspired by the reform processes in South Africa, Zimbabwe, and Kenya, (Michele
Brandt et la 2011).

CONCEPT

A constitution is the most important piece of legislation in any country. A constitution, ideally,
should reflect not only the nation's history, but also, and most importantly, the interests and
aspirations of its people in terms of how they want to be governed.

The constitution should define the type of government people want, the powers their government
should have, and the limits on those powers. A constitution is, in its most basic form, the social
contract between those who govern and those who are governed. (Martin van Vliet et la, 2007).

METHODS OF CONSTITUTION MAKING

There are several methods that are commonly used during the constitution-making process, and
those methods will be elaborated on below its meaning, composition, and function.

COMMISSION

The Commission established for purposes of coordination and collection of public opinions on
constitutional review under Section 3 of The Constitutional Review Act [CAP.83 R.E. 2012].
Refers to a body that is formed for the purpose of preparing a draft constitution for consideration or
adoption.

Commissions are established through special legislation that outlines the essential components of
the entire constitution-making process, The Constitutional Review Act [CAP.83 R.E. 2012], as in
Kenya's 2000 and 2008 laws, though the 2000 law was not preserved—a serious omission that was
rectified in the 2008 process, In Britain, considerable use has been made of royal commissions,
(Michele Brandt et la 2011) and in Tanzania as it has been developed under The Constitutional
Review Act [CAP.83 R.E. 2012].

The composition of the Commission is established after President of the mainland consulting and
agreeing with the President of Zanzibar and taking into account any information or prevailing
social, political, and economic circumstances within the United Republic under section 5 of The
Constitutional Review Act [CAP.83 R.E. 2012].

The constituent member of the Commission under section 7(1) and (2) including Chairman, Vice-
Chairman (Where the Chairman is from one part of the United Republic, the Vice Chairman is from
the other) and other members of the Commission (are between thirty and twenty in number).

President Kikwete revealed the names of the commission's members on April 6, 2012, including
former Prime Minister and Chairperson of the Anti-Corruption Enquiry Commission Judge Joseph
Warioba as Chairperson and retired Chief Justice Augustino Ramadhan as Vice Chairperson, as
well as 30 other members - 15 from the mainland and 15 from Zanzibar. The President appointed
Assaa Ahmad Rashid as Secretary of the Commission, who will be assisted by Casmir Sumba
Kyuki. The former was a Permanent Secretary in the Ministry of Justice and Constitutional Affairs,
while the latter was a Principal Draftsman in the Attorney General's Chambers, the selection had
been made from a pool of 550 names proposed by political parties, religious institutions, NGOs and
other interested parties, (Frederick Longino,2012).

The Commission was scheduled to begin work on 1 May 2012 and finish by the end of October
2013, when it will prepare a draft document to be tabled in a Constituent Assembly for deliberation
before being returned to the people for a referendum vote (Frederick Longino,2012).

Function of the commission is responsible to undertake several roles under section 9(1), (2) and (3)
of The Constitutional Review Act [CAP.83 R.E. 2012], thus are to co-ordinate and gather public
opinion, to examine and analyze constitutional provisions in relation to people's sovereignty,
political systems, democracy, rule of law, and good governance, to make recommendations on each
term of reference, and prepare and submit a report.

During the implementation of its roles also Commission under Section 9(2) of Constitutional
Review Act [CAP.83 R.E. 2012], is responsible to adhere to national values and ethos, safeguard
and promote the matter including the existence of the Country(URT), existence of the organ of the
government (Executive, parliament and Judiciary), the republican nature of governance, the
existence of Revolutionary Government of Zanzibar, national unity, cohesion and peace and other
matters as it been illustrated under Section 9(2),(a),(b),(c),(d),(e),(f),(g),(h),(i) Constitutional
Review Act [CAP.83 R.E. 2012].

The Commission shall allow people to freely express their opinions in order to enrich different
matters, under section 9(3) of Constitutional Review Act [CAP.83 R.E. 2012].

REFERENDUM

In plain meaning, referendum means a public vote or a poll cast in accordance with the provisions
of this ACT for the purpose of attaining people’s decision on the proposed constitution 1. It is a
process whereby people register and sign petition document signifying their support to the motion.
Referendum as a method for constitutional making means a specific type of petition which allowed
registered voters (electorate) within the country to support the move for the new constitution of the
country and later on to vote for support of proposed constitution. Referendum is the process which
either to amend the constitution or making a new constitution which involve large public
participation through petition. Referendum may be moved or initiated by different people of the
country including political parties or politicians, civil societies, donor countries for dependent
countries such as African countries and even members of the ruling party.

Referendum is a method of constitutional making which begins where political activists begins or
initiate the motion for new constitution. This may be done by calling up public meetings and then
political activists address to the people to encourage them to demand new constitution or to support
the move for new constitution. Thereafter political activists may prepare a draft proposal for the
new constitution, and then the draft proposal of the constitution will be sent to the people for
discussion. The public will be allowed to analyze the draft proposal critically and come up with
second draft proposal of the constitution.

The second draft will be subject again to the public for discussion. The trend may continue for a
number of drafts of constitution until the final draft is obtained which will get the approval of the
general public. After the general public to approval the draft of constitution will be sent to the
constitution assembly for liberation. The constitution assembly may adopt the drafted constitution

1
The referendum Act 2013
or may reject it or may point out some weaknesses of the drafted constitution and thereafter opinion
of the constitution assembly in the drafted proposal of constitution will be sent to the public for
discussion. The public will be required to vote the draft constitution with the comments of the
constitution assembly.

The votes take the form of yes and no to the proposed constitution with the comments of the
constitution assembly. Vote is done by electorate that is registered voters and that is the people who
have qualification to vote the drafted proposal for the new constitution. If the public vote for the
drafted constitution with comments of the constitution assembly then the petition with the draft
proposal of constitution will be sent to the Attorney General or President for approval. Thereafter
the draft constitution will become the constitution of the country. If the electorate votes for no for
the draft constitution and the comment of the constitution assembly then the process will starts
afresh. The best example of the constitutional making by referendum is the process of obtaining
Republic Constitution of Kenya of 2010.

The composition including, two national referendum committees and two constituency referendum
committees composed of groups of people, associations, civil society organizations, or
organizations intending to support or oppose the referendum question during the referendum period,
under section 12 of Referendum Act No.10 of 2013.

Commission appoint officers and provide guideline who will be responsible for different duties in
polls stations under section 7 of Referendum Act No.10 of 2013. The referendum Officers include
Referendum returning officer, Deputy Referendum Returning office, Referendum committee
agents, Police officers and their security officers, Observes, Members of press, Regional
referendum coordinator.

The commission has a duty to apply for registration to conduct campaigns to the commission 21 da
ys before the referendum campaign period, and in doing so, they are required to state their represent
ation sides, which means whether they are campaigning for or against the referendum. Upon applica
tion, the commission may register or refuse to register referendum campaign. The reasons for the re
fusal must be stated by the commission.

Commission has the role to announce the date which referendum campaign will start which will be
conducted on 30 days after announcement.
Also has the role to appoint leader who shall be responsible for all affairs of the registered
referendum campaign and shall be responsible for the appointment of agents and the submission of
such agents' signatures to the commission where the campaign is at the national level and to where
the referendum Committee is at the constituency level.

Referendum Officer to provide each polling station with a number of equipment’s that will ensure
efficiency of the conduct of referendum, equipment’s like Sufficient number of ballot boxes and
ballot paper as per needs of a polling station, materials to enable voters to mark their ballot papers
where marking is necessary, instruments for stamping the official mark on ballot papers and any
other equipment authorized by the commission for the conduct of voting in the polling station.

As an observer, responsible to be aware of the characteristics of the ballot box to have an aperture
which is large enough to receive a ballot paper, bring order at the polling station,

The Referendum Officer may order the dispersal of any group of people who appear to be
obstructing free entry or exit from the polling station, or who appear to be intimidating or
interfering. Security officers are supposed to respond immediately to this order.

Communicate to the voters, no one other than the Referendum returning officer and Referendum
officer is permitted to communicate with voters who are within the polling station area for the
purpose of voting.

Other functions including, receiving vote, counting and recounting, rejecting vote, closing polling
station and announcing result.

WHITE PAPER

The White Paper is essentially a British method of attempting to ascertain public opinion on a
specific issue of national importance. The White Paper system works in tandem with the Green
Paper system. Following receipt of public feedback, the government adds its own viewpoints to
those of the people before issuing a White Paper. As a result, a White Paper essentially contains
both the public's and the government's summarized views.

It is referred to as policy document which prepared by the government and then presented to the
general public for discussion an approval before passing the legislation on the matter under
concerned .The white paper provides the basis for further consultation and discussion by the
interested group and allow constitutional changes formally presented by the public .White paper is
originated from united kingdom by the prime minister Winstone Churchill issued the British white
paper of 1922 for dealing with Jewish population in Palestine .In Tanzania there was no this system.

The Government White Paper was released in 1998, in part in response to the Nyalali Report's
recommendations. Following that, the Tanzanian government appointed Justice Kisanga to chair a
Committee to review the Union Constitution and make recommendations.

A white paper includes an introduction, a problem statement, the background of the issue, a clear pr
oposal for a solution, and a conclusion.

The white paper contains a set of questions in the form of questionnaires that the public will be requ
ired to answer. The questionnaires may be designed to describe the government structure, executive 
power, type of government, nature of legislature, and the structure of power of the judiciary. By res
ponding to those questionnaires, the public expresses its views, which the government will then use 
to draft the constitutional proposal. It should make a compelling case for why constitutional reform 
is necessary and how the proposed reform will address the country's challenges

Also include policy recommendations for constitutional reform. These proposals could address a
variety of issues, such as the structure of government, the distribution of powers, the protection of
fundamental rights, and the role of the judiciary.

The white paper includes a plan for implementing the proposed constitutional reform. This may
include a timeline, information on the process for public consultation and engagement, and
information on the resources needed to implement the reform. It also includes a draft version of a
bill that is being planned.

The Government of Tanzania White Paper on Constitutional Development of 1998 and the Kisanga
Committee, The White Paper outlined the government's stance on 19 issues, including, among
others, structure of the Union, powers of the executive, absolute majority requirement of winning
the presidency, challenging presidential election results, independent candidacy, proportional
representation; presidential nomination of members of Parliament, separation of powers, the 40
laws condemned by the Nyalali Commission, the issue of human rights and the entrenchment of
socialism and self-reliance as national ideologies

The purpose of the white paper, is for collecting opinions of the people as to how constitution
should be, also provides a clear way or a roadmap for the constitution making process.

COMMITTEE OF EXPERT

These are members of an expert advisory panel appointed by the Director General to review and
make technical recommendations on a topic of interest to the organization. There are legal experts
of high national and international standing who are appointed by the governing body on the
recommendations of its officers. The committee considers public input and would adopt majority
options unless it violates constitutional principles or is clearly detrimental to minority rights
protection.

Committee Expert composed of several committee that including, Steering committee, Standing
order committee, Parliament privileges, Ethics and power committee, Water and Environment
committee, Infrastructure development committee, Education, culture and, sports committee,
Energy and minerals committee, Health and HIV/AIDS committee, Industrial, trades, Agricultural
and livestock committee, Local government affairs committee, Social Welfare and development
committee, Land and natural resources and tourism committee, Foreign Affairs, Defense and
security committee,Subsidury legislation committee, Public investigation n committee, Budget
committee Public Account committee, Local authority committee

The committee is in charge of investigating, legislating, reviewing, and drawing attention to any
important matters that are referred to them, as well as providing advice. It also scrutinizes
government activities such as legislation and the conduct of public administration.

CONCLUSION

From what has been explained above, it is clear that constitution making requires special procedures
when making it, which includes evolving people in the process of making it, as we can see from the
methods identified above, since a country's constitution is its most important legal document. It is
the supreme law upon which all other laws are based. It is sometimes referred to as a social contract
between the rulers and the ruled. It is also the general consensus. As a result, the Constitution is
more than just a piece of paper. It embodies the country's hopes and dreams. The Constitution
provides the foundation for all laws, by-laws, rules, and regulations.

FIRST SCHEDULE
_________

(Under section 11)

_________

PART I
OATH/AFFIRMATION OF A MEMBER OF THE COMMISSION

I,……………………………………………having been appointed by the President

as………………………………………. on the ………… day of……………20…….to perform the
functions of a member of Commission, do hereby swear/affirm that I will be faithful and impartial
to the United Republic of Tanzania and, to the best of my knowledge and ability, discharge the
duties and perform the functions devolving upon me by virtue of being a member of the
Commission.
So help me God
……………………………………..
Member of
Commission

Fom Nam./Form
Number

JAMHURI YA MUUNGANO WA TANZANIA/UNITED REPUBLIC OF TANZANIA

TUME YA MABADILIKO YA KATIBA/COMMISSION FOR THE REVIEW OF THE

CONSTITUTITION
MAONI YA WANANCHI KUHUSU MABADILIKO YA KATIBA/PUBLIC VIEWS ON
THE REVIEW OF THE CONSTITUTION

Mkoa/Province: __________________ Wilaya/District:

_____________________

Kituo cha Maoni/Views Station or Station for Views____ Kijiji/Shehia –

Village/Shehia_____________

Tarehe/Date: _______________________________________

Jina/Name: _________________________________________

Umri/Age: __________________________________________

Jinsi/Gender: ________________________________________

Kazi/Profession: _____________________________________

Anapoishi/Residence: _________________________________

Elimu/Education: ____________________________________
MAONI/VIEWS

Jina la Mwandishi/Name of Author__________________

Sahihi/Signature____________
REFERENCES

STATUES

 The Constitution republic of Tanzania 1977

 The Constitutional Review Act [CAP.83 R.E. 2012]
 The Referendum Act 2013
BOOKS

 Article 7 of the Articles of the Union. The Articles of the Union and other relevant
documents on the Constitution are reproduced in Volume 3 of the Report of the Kisanga
White Paper Committee.
 Micheal.A , Brian.T(2011): Cases and materials on constitutional and Administrative law.
 Barry.S (2013) Canada's constitutional Revolution.
 Micheal .K (2017) Debating Scotland issues of independence and in the 2014Referendrum
 Martin van Vliet,Winluck Wahiu and Augustine Magolowondo.(2012).Constitutional
Reform: Processes and Political Parties, Published by NIMD, The Hague, The Netherlands.
 Michele Brandt, Jill Cottrell, Yash Ghai, Anthony Regan, (2011). Constitution-making and
Reform: Options for the Process Interpeace.
 Constitution and legal system in Tanzania by ISSA SHIVJI