Anonymous
Apr 26
National law?
QUESTION
"A constitution is a living instrument which must be construed in the light of present day conditions. The complexities of our society must be taken into account in interpreting it. A workable constitution is a priceless asset to any country....." (TLR, 1996: 134).
REQUIRED:
a) With reference to the Constitution of the United Republic of Tanzania of 1977
Article 46 (a) and 90(2) (b) (c) and (d). Discuss critically the procedures in which the National Assembly may pass a resolution to impeach the President of the United Republic of Tanzania and how this seem to be impracticable because the existence of Members of the Parliament (MPs) depends much on the President of the United Republic of Tanzania since he/she has the powers to dissolve the National Assembly
"A constitution is a living instrument which must be construed in the light of present day conditions. The complexities of our society must be taken into account in interpreting it. A workable constitution is a priceless asset to any country....." (TLR, 1996: 134).
REQUIRED:
a) With reference to the Constitution of the United Republic of Tanzania of 1977
Article 46 (a) and 90(2) (b) (c) and (d). Discuss critically the procedures in which the National Assembly may pass a resolution to impeach the President of the United Republic of Tanzania and how this seem to be impracticable because the existence of Members of the Parliament (MPs) depends much on the President of the United Republic of Tanzania since he/she has the powers to dissolve the National Assembly
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ChatGPT
Apr 26
Article 46 (a) of the Constitution of the United Republic of Tanzania of 1977 states that the President may be removed from office by a resolution of the National Assembly supported by the votes of not less than two-thirds of all Members of Parliament. Article 90(2) (b) (c) and (d) further outline the procedures for impeachment, including the appointment of a special committee to investigate allegations against the President and the presentation of a report to the National Assembly.
However, the practicality of impeaching the President of the United Republic of Tanzania is called into question due to the fact that the President has the power to dissolve the National Assembly. This power gives the President significant influence over the Members of Parliament, as their continued existence in office depends on the President's decision to dissolve or not dissolve the National Assembly.
This creates a situation where Members of Parliament may be hesitant to support an impeachment resolution against the President, as they risk losing their positions if the President decides to dissolve the National Assembly in retaliation. This power dynamic can make it difficult for the National Assembly to effectively hold the President accountable through the impeachment process, as Members of Parliament may prioritize their own political survival over upholding the constitution.
In light of the complexities of the Tanzanian political system and the power dynamics at play, the procedures for impeaching the President outlined in the Constitution may be impracticable in practice. This highlights the importance of considering present-day conditions and the realities of the political landscape when interpreting and applying constitutional provisions.
However, the practicality of impeaching the President of the United Republic of Tanzania is called into question due to the fact that the President has the power to dissolve the National Assembly. This power gives the President significant influence over the Members of Parliament, as their continued existence in office depends on the President's decision to dissolve or not dissolve the National Assembly.
This creates a situation where Members of Parliament may be hesitant to support an impeachment resolution against the President, as they risk losing their positions if the President decides to dissolve the National Assembly in retaliation. This power dynamic can make it difficult for the National Assembly to effectively hold the President accountable through the impeachment process, as Members of Parliament may prioritize their own political survival over upholding the constitution.
In light of the complexities of the Tanzanian political system and the power dynamics at play, the procedures for impeaching the President outlined in the Constitution may be impracticable in practice. This highlights the importance of considering present-day conditions and the realities of the political landscape when interpreting and applying constitutional provisions.
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Google Gemini AI
Apr 26
Discussion on Impeachment Procedures
According to Article 46(a) of the Constitution of the United Republic of Tanzania of 1977, the National Assembly has the power to impeach the President for:
- Violation of the Constitution
- Gross misconduct
- Willful neglect of duty
The impeachment process is initiated when at least 20% of the total number of members of the National Assembly submit a motion to impeach the President. The motion must provide specific grounds for impeachment, supported by evidence.
If the motion is admitted by the Speaker, the National Assembly must establish a Select Committee to investigate the allegations and report its findings within 30 days. If the Committee finds that there is sufficient evidence to support the allegations, it must recommend that the National Assembly proceed with impeachment proceedings.
To impeach the President, a resolution must be passed by a two-thirds majority of the total number of members of the National Assembly. If the resolution is passed, the Chief Justice is responsible for forming a Tribunal to hear the impeachment charges. The Tribunal must consist of five judges and must make a determination on the charges within 90 days.
Impracticability of Impeachment
Despite the legal provisions for impeachment, the process seems impracticable due to the following reasons:
- Dependence on President for Dissolution: According to Article 90(2)(b)(c)(d) of the Constitution, the President has the power to dissolve the National Assembly at any time. This power gives the President significant leverage over MPs, as they could fear losing their seats if they support an impeachment motion.
- Political Polarization: The National Assembly is often highly polarized along political lines. MPs who belong to the same party as the President are less likely to support an impeachment motion, even if there is substantial evidence of misconduct.
- Lack of Independent Oversight: The Select Committee responsible for investigating impeachment allegations is composed of members of the National Assembly. As such, there is a risk of political influence and a lack of impartiality in the investigation process.
- Time Constraints: The timelines set out in the Constitution for impeachment proceedings are relatively short. This can make it challenging to conduct a thorough investigation and ensure due process for the President.
Conclusion
While the Constitution provides for impeachment procedures, the practical implications of these procedures make it highly unlikely that a President will ever be impeached in Tanzania. The dependence of MPs on the President for their seats, combined with political polarization and a lack of independent oversight, creates a significant barrier to the effective exercise of this constitutional power.
According to Article 46(a) of the Constitution of the United Republic of Tanzania of 1977, the National Assembly has the power to impeach the President for:
- Violation of the Constitution
- Gross misconduct
- Willful neglect of duty
The impeachment process is initiated when at least 20% of the total number of members of the National Assembly submit a motion to impeach the President. The motion must provide specific grounds for impeachment, supported by evidence.
If the motion is admitted by the Speaker, the National Assembly must establish a Select Committee to investigate the allegations and report its findings within 30 days. If the Committee finds that there is sufficient evidence to support the allegations, it must recommend that the National Assembly proceed with impeachment proceedings.
To impeach the President, a resolution must be passed by a two-thirds majority of the total number of members of the National Assembly. If the resolution is passed, the Chief Justice is responsible for forming a Tribunal to hear the impeachment charges. The Tribunal must consist of five judges and must make a determination on the charges within 90 days.
Impracticability of Impeachment
Despite the legal provisions for impeachment, the process seems impracticable due to the following reasons:
- Dependence on President for Dissolution: According to Article 90(2)(b)(c)(d) of the Constitution, the President has the power to dissolve the National Assembly at any time. This power gives the President significant leverage over MPs, as they could fear losing their seats if they support an impeachment motion.
- Political Polarization: The National Assembly is often highly polarized along political lines. MPs who belong to the same party as the President are less likely to support an impeachment motion, even if there is substantial evidence of misconduct.
- Lack of Independent Oversight: The Select Committee responsible for investigating impeachment allegations is composed of members of the National Assembly. As such, there is a risk of political influence and a lack of impartiality in the investigation process.
- Time Constraints: The timelines set out in the Constitution for impeachment proceedings are relatively short. This can make it challenging to conduct a thorough investigation and ensure due process for the President.
Conclusion
While the Constitution provides for impeachment procedures, the practical implications of these procedures make it highly unlikely that a President will ever be impeached in Tanzania. The dependence of MPs on the President for their seats, combined with political polarization and a lack of independent oversight, creates a significant barrier to the effective exercise of this constitutional power.
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