MZUMBE UNIVERSITY

MBEYA CAMPUS COLLEGE

DEPARTMENT OF ADMINSTRATIVEE STUDIES

PROGRAM NAME LLB 1

COURSE NAME LEGAL SYSTEM OF EAST AFRICA

COURSE CODE LAW 126

NAME OF LECTURER OMARY ISSA

NATURE OF WORK GROUP ASSIGNMENT

GROUP NUMBER 20

SUMBITION DATE 8 DECEMBER 2023

NAMES REGISTRATION NUMBER

JUMA RAMADHAN 2631331/T.23

REAGAN ENOCK 2631209/T.23

FAUDHIA RAYMOND 2631326/T.23

UWEZO MBOGELA 2631150/T.23

BOAZ COSMAS 2631250/T.23

NAMES REGISTRATION NUMBER

PAUL NDILABIKA 2631294/T.23

ABISHAI OLIVO YAMBA 2631102/T.23

TUMPALE MWAKULEGA 2631096/ T.23

MAUA SALUM 2631318/T.23

AVINESS ROBERT 2631/T.23

11 PATRICK JACKSON 2631/T.23

LIDIA WILSON 2631/T.23

STEPHANO MWITA 2631/T.23

MALUGWAMBIA NGEBMA 2631/ T.23

EMMANUEL EGBERT 2631265/T.23

ANDREW MPALE 2631081/T.22

ISACKA SULEIMAN ANDERSON 2631048/ T.23

QUESTION: Article 71(1) a , b, c, d, e, f and g of the Constitution of the United Republic of

Tanzania of 1977, CAP 2 (as Revised) provides for the grounds for which if one of them
happens, the member of parliament shall cease to be the member thereof. Citing vivid
examples from Tanzania provide an account of possibility of the above cited constitutional
provision.
Parliament, is the organ of the state which responsible to enact the laws, this power of the
Parliament to enact laws provided under the constitution of the united Republic of Tanzania
state about separation of power among three organs state that 1 All state authority in the
United Republic shall be exercised and controlled by two organs vested with executive powers,
two organs vested with judicial powers and two organs vested with legislative and supervisory
powers over the conduct of public affairs. Member of Parliament (MP) is an elected
representative who serves in a legislative body, such as a national or regional parliament. MPs
participate in the creation and amendment of laws, debate issues, and represent the interests
and concerns of their constituents in the legislative process.The following circumstances can
lender a member of Parliament shall cease to be member of Parliament and shall vacate his
seat in the National Assembly according to The Constitution of the united Republic of Tanzania

Where anything happens which, had he not been a member of Parliament, would have
disqualified him from election, or would make him lose the qualifications for election, or would
disqualify him from election or appointment in accordance with the provisions of this
constitution according to the Article 71 (1) a 2, if the member of Parliament become unsound
mind, convincted and sentenced to imprisonment for six months or more, he acquires
citizenship of another country or he dies, such member of Parliament shall cease to hold the
post, for example in Tanzania the one member of Parliament for Mbeya urban constituency
Joseph Osmund Mbilinyi in February 2018 Joseph Osmund Mbilinyi was convicted and
sentenced to five months imprisonment for using insulting language to the president of
Tanzania contrary to section 89(1) a of the Penal Code , after he was sentenced to serve five
months imprisonment while the our Constitution provides a minimum of six months
1
Article 4

2 The Constitution of the United Republic of Tanzania

improvement as a threshold for the member of Parliament to lose his seat the Joseph Osmund
Mbilinyi did not lose his seat according to page number 3533

Where a member of Parliament fails to attend three consecutive meetings of the National
Assembly without the permission of the Speaker, this situation was happened inTanzania to the
Member of Parliament to unseat Joshua Samweli Nassari was member of Parliament for
Arumeru East since 2012 in March 2019 he lost his membership , this was revealed after the
Speaker of Parliament Announce to the public that Joshua Samweli Nassari missed three
consecutive meetings of the Parliament of Dodoma. According to letter written by the Speaker
of Parliament to the chairman of the National Electoral committee on 14, March 2019, Joshua
Samweli Nassari missed the twelfth meeting which was scheduled between 4 and 14
September 2018, the thirteenth meeting which was scheduled between 6 November 2018 and
the fourteenth meeting which was scheduled between 29 January and 19 February 2019,
According to the constitution of the United Republic of Tanzania 4 removed the member of
Parliament was Joshua Samweli Nassari automatically, this issue of Article 71 (1) c of the
Constitution of the united Republic of Tanzania, 1977, this issue previous was happened to the
member of Parliament was Tundu Antipas Lissu

Where a member of Parliament is elected or appointed vice president, a member of Parliament

shall unseat to be a member of Parliament either is elected or appointed vice president in
Tanzania this issue happened to the member of Parliament was Philip Isidor Mpango in 2015 to
be a member of Parliament (Minister of finance and Planning) after death of the Dkt John
Pombe Magufuli, Mama Samia Suluhu Hassan(vice President) was discharged functions of the
president office according to Article the constitution of the united Republic of Tanzania state
that5Where the office of President becomes vacant by reason of death, resignation, loss of
electoral qualifications or inability to perform his functions due to physical infirmity or failure to
discharge the duties and functions of the office of President, then the Vice-President shall be
sworn in and become the President for the unexpired period of the term of five years and in
3
Legal System of Tanzania (Law and Courts)

4
Article 71 (1) c

5
Article 37(5)
accordance with the conditions set out in Article 40, and, after consultation with the political
party to which he belongs, the President shall propose the name of the person who shall be
Vice-President and such appointment shall be confirmed by the National Assembly by votes of
not less than fifty percentum of all the Members of Parliament , so after Mama Samia became a
president of the united Republic of Tanzania, she was proposed one member of Parliament
Philip Isidor Mpango to be vice president, for that circumstances Philip Isidor Mpango shall
cease to be a member of Parliament automatically

Where a Member of Parliament ceases to be a member of the party to which he belonged

when he was elected or appointed to be a Member of Parliament, this means that when a
member of Parliament moved from the political party was elected, so this member of
Parliament must be cease or unseat to be the member of Parliament, this issue was happened
in Tanzania, one member of Parliament for Babati urban constituency( CHADEMA) Pauline
Philip Gekul from 2015 to 2018, she was stripped the membership of CHADEMA and resigned to
be a member of Parliament and requested to join with CCM ( CHAMA CHA MAPINDUZI), On
13/10/2018 she was announced to join with another political party (CCM) , so for that
circumstances Pauline Philip Gekul was automatically unseat to be a member of Parliament,
this issue was happened to the member of Parliament Lazaro Nyarandu

In the case of a Member of Parliament who is required to submit a formal statement of

property in accordance with the provisions of Article 70, if he fails to make such formal
statement in accordance with the provisions of that Article within the period prescribed for that
purpose by a law enacted by Parliament, it means any member of Parliament must be submit
two copies of property documents as regarded of the Constitution of the united Republic of
Tanzania6, So any member of Parliament who act contrary to the Constitution of the united
Republic of Tanzania, 1977 CAP 2 state that 7 Every Member of Parliament shall be required to
submit to the Speaker two copies of a formal statement regarding his property and the

6
Article 71(1)g

7
Article 70(1)
property of his spouse.The statement shall be made on a special form prescribed by a law
enacted by Parliament and shall be submitted from time to time as shall be directed by such
law,, so any member of Parliament was acted contrary to this provision must be cease to be
member of Parliament

Where it is established that he has contravened the provisions of the law concerning the ethics
of public leaders; it means any member of Parliament when breach the ethics of public
leadership shall be cease to be member of Parliament, So the Public leadership governed by the
Public Leadership Code of Ethics Act CAP 398 R:E 2015, So any members of Parliament are
acting contrary to this Act shall be cease to a member of Parliament

All in all, so in this part was discussed the circumstances lender to unseat to be a member of
the Parliament, so in order to be a member of Parliament must be qualified the following
requirement provided under The Constitution of the United Republic of Tanzania state
that8Subject to the provisions contained in this Article, any person shall be qualified for election
or appointment as a Member of Parliament if he is a citizen of the United Republic who has
attained the age oftwenty-one years and who can read and write in Kiswahili or English and ) is
a member and a candidate proposed by a political party.

8
Article 67(1) a and b
REFERENCES

Statutes

The Constitution of the United Republic of Tanzania CAP 2, 1977

Books

Issa. O, (2022), Legal System of Tanzania (Law and Courts )7th Edition Bot Smart Company,
Mbeya