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UNITED REPUBLIC OF TANZANIA

THE POLITICAL PARTIES ACT, 2017

ARRANGEMENT OF SECTIONS

Section Title

PART I

PRELIMINARY PROVISIONS

1. Short title

2. Application 3. Interpretation

PART II

ESTABLISHMENT OF THE OFFICE OF THE REGISTRAR OF POLITICAL

PARTIES

4. Establishment of the Office of the Registrar of Political Parties.

5. Appointment of the Registrar of Political Parties.

6. Appointment of the Deputy Registrar and Assistant Registrars

7. Protection of officers

8. Disqualification of the Registrar, Deputy Registrar and Assistant Registrar.

PART III

FORMATION OF POLITICAL PARTIES

9. Powers of the Registrar to regulate civic education provided to political parties

10. Powers of the Registrar to demand information from a political parties

11. Formation and management of political parties 12. Functions of political parties

13. Duty of political parties to register

14. Prohibition of the revival of former parties.

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PART IV

REGISTRATION AND DEREGISTRATION OF POLITICAL PARTIES

15. Some restrictions in party membership and participation in activities of political parties

16. Restrictions of civil servants in a political party

17. Application for provisional registration of a party.

18. Conditions for provisional registration.

19. Political parties with certain names not to be registered

20. Contents of constitution and rules of a political party

21. The Registrar to issues a Certificate of provision registration

22. A register of provisional registered political parties

23. Conditions for full registration

24. Verification of political party compliance with the requirements and conditions for

registration, 25. The Registrar to issues a Certificate of full registration.

26. Deregistration of a political party.

27. Suspension before cancelation of registration.

28. Effects of deregistration.

29. Decision of the Registrar to be final.

PART V

ORGANISATION AND MANAGEMENT OF POLITICAL PARTIES

30. Management of a political party.

31. Party policies and internal rules.

32. Party activities and establishment of branches, units and party organs in some places.

33. A duty of a political party to keep records.

34. Duty of political party to inform Registrar.

35. Powers of the Registrar to demand information from a political parties.

36. Powers of the Registrar to regulate civic education provided to political parties.

37. Obligation of a Political Party to maintain a party roaster.

38. Qualifications of national leaders of political parties.

39. Tenure of national leaders of political parties.

40. Election of party national leaders after fully registration.

41. Political parties to appoint trustees.

42. A register of party trustees.

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43. Political Parties to appoint accounting officer and establish accounts, internal audit and

procurement department. 44. Winding up of a political party.

PART VI

RIGHTS AND PREVILEGES OF POLITICAL PARTIES

45. Rights to public meetings and procession.

46. Procedure to be followed by a political party before holding a public meeting or

procession. 47. Political parties not form security group.

48. Merging of political parties.

49. Cessation of merged political parties.

50. Cooperation of political parties

51. A register of party, affiliation, membership and cooperation’s made by parties or with

foreign or local organisations. 52. Political parties to host flags.

PART VII

FINANCIAL PROVISIONS

53. Initial assets of a political party.

54. Source of funds and other resources of a party.

55. Disclosure of sources of funds and other resources obtained by the party.

56. Submission of accounts and declaration of property. 57. Party to maintain bank account.

58. Grant of and party Qualification for subvention.

59. When, how and amount of subvention to be granted.

60. Application of, and accounting for, subvention.

61. Submission of financial reports at the same time.

PART VIII

POLITICAL PARTIES DISPUTES RESOLUTION

62. Political parties disputes resolution.

63. Party internal disciplinary and dispute resolution mechanism.

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PART IX

GENERAL PROVISIONS

64. Establishment of the Political Parties Council.

65. Functions of the Political Parties Council.

66. Sources of funds for the council.

67. Offences and penalty.

68. Suspension of a political party.

69. Protection of informers.

70. The Minister to make regulations

71. Repeal of the Political Parties Act, 1992

An Act to provide for registration, regulation and funding of political parties and for related and connected

matters.

Enacted by the Parliament of the United Republic of Tanzania.

I ASSENT

……………………………

President

[ ………………………….]

PART I

PRELIMINARY PROVISIONS

1.

Short title 2. 1. This Act may be cited as the Political Parties Act.

3.

Application 4. 2. This Act shall apply to Tanzania Mainland as well as Tanzania Zanzibar.

Interpretation

3. In this Act, unless the context otherwise requires—

“administrative meeting” means a meeting of an organ of a political party as

stipulated in a political party constitution;

“deregistration” means cancellation of registration of a political party;

“youth” has the meaning assigned to it under the Youth Council Act, 2015;

“Minister” means the Minister for the time being responsible for matters relating to

political parties;

“Party” means a Political Party;

“A Political Party” means any organised group of men and women formed and

registered for the purpose of forming a government or a local government

authority within the United Republic through elections or for putting up or

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supporting candidates to such election;

“Registrar” means the Registrar of Political Parties appointed under this Act and

includes a Deputy Registrar and an Assistant Registrar;

“Council” means the Political Parties Council established under this Act;

“a political party general meeting” means the highest administrative organ of the

party, made by delegates from all over the country based on the party structure

prescribed in the party Constitution;

“national leader” means a national leader of a political party as prescribed in the

party Constitution;

“a civil servant” means a person employed by Central or Local Government as a

civil servant;

“Secretariat” means the governing body of a political party by whatever name

called, which manages daily functions of the party;

“ National Central Committee” is the

“National Executive Committee” means a party organ comprised of party national

leaders and party representatives from each region where the party has

administrative organ or representative elected by the accordance with the party

constitution and rules.

“founding member of a political party” means a person who participates in the

formation of a political party and who is among the first members of the party.

“registered voters” means the registered voter as defined by the National Elections

Act, 1985 and The Zanzibar Election Act, 1984.

“organization” means a group of people intending to be registered as a political

party.

PART II

ESTABLISHMENT OF THE OFFICE OF THE REGISTRAR OF POLITICAL PARTIES

Establishment of

the Office of the

Registrar of

Political Parties.

4-(1) There shall be an Office of the Registrar of Political Parties which shall be under

the Ministry responsible for political parties.

(2) The Office of the Registrar of Political Parties shall be an autonomous institution

which shall not be subject to a direction or control of any person or authority.

(3) Functions of the office of the Registrar shall be to:-

(a) register Political Parties in accordance with this Act and any other written law;

(b) regulate, monitor, investigate and supervise management and conducts of

political parties to ensure compliance with this Act;

(c) investigate and resolve complaints received under this Act;

(d) monitor intra-party elections and nomination process;

(e) mediate or arbitrate interparty and intraparty conflicts;

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(f) disburse and monitor accountability of government subvention to political

parties which qualifies under this Act;

(g) monitor income and expenditures of political parties, and accountability party

resources;

(h) provide civic education regarding multiparty democracy, laws governed by the

office of the Registrar of Political Parties and related matters;

(i) monitor civic education provided to political parties;

(j) promote gender equality in political parties;

(k) advise the government on issues related to political parties and multiparty

democracy;

(l) to facilitate communication between Political Parties and the Government;

(m) undertake research on political parties, multiparty democracy and political

parties financing;

(n) be a secretariat of the political parties council; and

(o) undertake any other functions conferred by this Act or any other written law.

Appointment of the

Registrar of Political

Parties.

5- (1) There shall be appointed by the President, The Registrar of Political parties who

shall be the Chief Executive Officer of the Office of the Registrar of Political

Parties.

(2) The Registrar shall be responsible for managing the Office of the Registrar of

Political Parties, making decisions and monitoring the performance of functions of

the Office of the Registrar of Political Parties.

(3) In the performance of his functions under this Act the Registrar shall from time

to time consult the Minister.

Appointment of the

Deputy Registrar and

Assistant Registrars.

6- (1) There shall be a Deputy Registrar of Political Parties who shall be appointed by

the President.

(2) The main responsibility of the Depute Registrar shall to deputies the post of the

Registrar of Political Parties and perform any other function as directed by the

Registrar.

(3) There shall be Assistant Registrars of Political Parties who shall be at the rank of

a director and appointed by the Minister in such numbers as provided by the office

organisation structure.

(4) Duties of Assistant Registrars shall be prescribed in the office organisation

structure.

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Protection of officers 7. No suit shall lie against the Registrar, Deputy Registrar, Assistant Registrar or other

officers appointed under this Act, for anything done or omitted to be done in good

faith, in the performance of any function under this Act.

PART III

FORMATION OF POLITICAL PARTIES

Formation of political

parties.

9.-(1) A political party may, subject to the Constitution of the United Republic of

Tanzania and this Act, be formed in Tanzania to further objectives and purposes

which are not contrary to the Constitution of the United Republic of Tanzania, the

Constitution of Zanzibar or any other written law in the United Republic of

Tanzania.

(2) Political Parties shall be managed based on principles of good governance,

democracy, non discrimination and social inclusion.

(3) A political party shall promote:- the union of the united Republic of Tanzania,

inclusiveness, democracy, good governance, anti-corruption, gender equality,

ethics, patriotism and national peace and tranquility, in the —

(a) formulation of its policies;

(b) nomination of candidates for elections; and

(c) election of its leaders.

Functions of political

parties

10.-(1) Functions of political parties shall include:-

(a) Promote gender equality and protect rights of the marginalized groups;

(b) promote democracy, good governance and rule of law;

(c) promote national values;

(d) perform and support social responsibilities;

(e) Influence public policy;

(f) support political stability and socio-economic development of the nation;

(g) Recruitment of qualified candidates to run for public office.

(2) A political party shall not function as a pressure or activist group.

(3) For purposes of subsection (2) a pressure group and activist group is a group of

people that tries to influence public opinion or Government Action in the interest

of a particular cause.

Registration of political

parties.

11.- (1) No organization shall operate or function as a political party unless it has first

been registered in accordance with the provisions of this Act.

(2) For purposes of subsection (1), any organization intending to be registered as a

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political party, shall apply to the Registrar in the prescribed manner.

(3) Registration of political parties shall be in two stages, provisional and full

registration.

(4) The Registrar shall register and issue a certificate of provisional registration or

as the case may be, a certificate of full registration to every political party which

meets the requirements and fulfils all the conditions for such registration.

(5) The registrar may reject an application for registration of a political party, if it

does not meet the requirements or fulfilled the conditions prescribed by this Act.

(6) A citizen of Tanzania who has attained the age of twenty one years may,

subject to the provisions of this Act and any other written law, submit an

application for registration of a political party.

Prohibition of

the revival of

former parties.

12.-(1) No party shall be revived nor shall the name or acronym of such party be used

by any Political Party to be registered under this Act.

(2) No party which has been deregistered shall be revived, nor shall the name or

acronym, flag, symbol or colours of that party be used by any political party to be

registered under this Act.

Restrictions in party

membership and

participation in

political parties’

activities.

13.-(1) Every citizen who has attained the age of eighteen years has the right to join a

Political Party of his/her own choice as a member of the party.

(2) A person shall not be a member of more than one Political Party at the same

time and shall not form or engage in any activity of forming another party while

he/she is still a member of that party. If both situations happen, notwithstanding

the provisions of any other written law he/she shall be deemed to have resigned

from his/her previous party.

(3) A non citizen shall not engage in activities of a political party with the aim of

promoting objectives of that party or winning an election.

(4) A member of a political party has a right to resign from the party, provided

that, he/she shall not take a membership card and any other property belonging to

the party which he/she is resigning from.

(5) A person shall not compel or coerce another person to join or resign from a

political party, except that, a person may be compelled to resign where such

compulsion is in disposition of lawful expulsion from party membership.

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(6) A member of a political party may only be expelled from that political party

after following due processes prescribed in the party Constitution and rules,

including being afforded a fair opportunity to be heard in accordance with the

internal party disciplinary procedures or disputes resolution mechanisms as

prescribed in the Constitution and rules of the party.

(7) A person shall not engage a child in the activities of a political party, except

with parent(s)’ consent, and when there is consent, the rights, wellbeing and

interest of a child must be protected.

(8) Any person who contravenes the provision of this section commits an offence

and is liable, on conviction, to a fine of not less than One Million Shillings and not

more than three Million Shillings or to imprisonment for a term of not less than six

months and not more than one year or both.

(9) For the purpose of this Act, the word “child” shall-

(a) in the case of Tanzania Mainland, have the meaning ascribed to it under the

Law of the Child Act, 2009;

(b) in the case of Tanzania Zanzibar, have the meaning ascribed to it under the

Children Act, 2011.

Restrictions of civil

servants to

participate in affairs

of a political party

14-(1) A civil servant shall not:-

(a) be eligible to be a founding member of a Political Party;

(b) be eligible to hold office in or be employed by a Political Party;

(c) engage in a political activity that may compromise or be seen to compromise

the political neutrality of that persons office.

(d) participate in Political activities during working hours; or

(e) identify himself by dressing in Political Party’s uniforms, medals, badges or

any other identification during working hours and at the place of work;

(f) utter any words which may embarrass the Government due to his political

affiliation;

(g) take part in Political activities which can Compromise or be seen to

compromise his loyalty to Government.

(h) compromise with neutrality and impartiality while delivering service to the

Public.

(2) For the purpose of this Act, public servants in the following services are not

allowed to be members nor participate in politics or activities of political parties:-

(a) Tanzania People’s Defence Forces and National Service;

(b) Tanzania Intelligence and Security Service;

(c) Police Force Service;

(d) Prison Service;

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(e) Immigration Service;

(f) Fire and Rescue Service; and

(g) Militia Service.

(3) Other groups of public servants who are not allowed to be members nor

participate in Politics are the following:

(a) employees of the Prevention and Combating of Corruption

Bureau;

(b) employees of the Office of Parliament;

(c) employees of the Registrar of Political Parties Office;

(d) employees and members of the National Electoral Commission;

(e) State Attorneys; and

(f) Judges and Magistrates.

PART IV

REGISTRATION AND DEREGISTRATION OF POLITICAL PARTIES

Application for

provisional

registration of a

party.

15. -(1) Every political party shall first, be provisionally registered and issued with a

certificate of provisional registration upon meeting the requirements and

fulfilling the conditions of provisional registration prescribe in this Act.

(2) The provisional registration of a party which has not applied for full

registration shall lapse and its provisional registration certificate shall cease to be

of any effect at the expiry of one hundred and eight days from the date of issue

of the certificate of the provisional registration.

(3) The provisional registration of the party which has applied for full registration

shall be valid until the party is issued with a certificate of full registration or until

the application of the political party to be fully registered is rejected.

Conditions for

provisional

registration.

16.- (1) No organization shall qualify for provisional registration as a political party

unless—

(a) the founding members have applied for registration of the party in the

prescribed manner;

(b) its membership is voluntary and open to all the citizens of the United

Republic of Tanzania without discrimination on account of gender, disability,

religious belief, race, tribe, ethnic origin, profession or occupation.

(c) more than two third of its members are not of the same sex;

(d) its constitution and rules promotes gender equality;

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(2) Without prejudice to subsection (1) of this section, no political party shall

quality for provisional registration if by its policy, constitution, rules, statements,

activities or conducts:-

(a) aims to advocate or further the interests of –

(i) any religious belief or group;

(ii) any tribal, ethnic or racial group; or

(iii) only a specific area within any part of the United Republic of Tanzania;

(b) it advocates the breaking up of the union constituting the United Republic

of Tanzania;

(c) uses words, slogans or symbols which may cause or incite divisions among

Tanzanians;

(d) it uses or accepts or advocates the use of force or violence as a means of

attaining its political objectives;

(e) it advocates or aims to carry on its political activities exclusively in one part

of the United Republic of Tanzania;

(f) it does not allow periodic and democratic election of its leadership;

(g) it does not adhere to its constitution and rules;

(h) it allows its members to utter or use obscene language, vindictive;

defamatory or inciting words which are likely to cause or lead to the disruption

of peace;

(i) it allows its members to commit gender based violence and abuse;

(j) it allows its members to use government properties or resources or facilities

for party activities;

(k) it compels or allows its members to compel people to join the party or

participate in party activities; and

(l) it does not promote gender equality.

Political parties with

certain names not to

be registered

17-(1) Registrar may refuse an application for registration of a political party if the

name of a political party, the abbreviation of the name or its symbol is:-

(a) obscene or offensive;

(b) the name or its abbreviation is used by another political party registered

under this Act or any other legal entity registered under any other written law.

Contents of

constitution and rules

of a political party

18.-(1) Constitution and rules of a political party shall provide for all the matters

specified in the regulations made under this Act.

(2) The constitution or rules of every political party shall ensure that, not more than

two-thirds of members of each party organ, body or committee are of the same

gender.

(2) The Registrar may, by notice in writing, require a political party to amend its

name, Constitution or rules within six months from the date of the notice to

comply with the Constitution of the United Republic of Tanzania of 1977, The

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Constitution of Zanzibar, this Act and or other written law.

(3) Notice referred to in subsection (2) shall specify areas of noncompliance, nature

of the amendment and the reason for such amendment.

(4) Any political party which contravenes the provision of subsection (2) shall be

deregistered.

The Registrar to

issues a Certificate of

provision registration

19. The Registrar shall register and issue a certificate of provision registration to a

political party upon satisfaction of the correctness of the application and that the

documents and contents of the application meets the requirements and fulfils all

the conditions for provision registration, and that the party has paid application

fees.

A register of

provisional registered

political parties

20. (1) There shall be a register of provisionally registered political parties to be

maintained by the Office of the Registrar of Political Parties.

(2) The Registrar shall deregister from the register referred in subsection (1) a

party whose certificate of provisional registration has ceased to have any effect in

accordance this Act and publish in a government gazette such deregistration.

Application for fully

registration

21 Every political party which has been provisionally registered and which in

addition to the conditions prescribed in section 16 has fulfilled the conditions

prescribed in section 22 shall, not later than one hundred and eight days from the

date of provisional registration, apply to the Registrar for full registration.

Conditions for full

registration.

22- (1) No party shall qualify for full registration unless—

(a) it has first been provisionally registered;

(b) it has obtained not less than two hundred members who are registered

voters from each of more than half of the regions of the United Republic, out of

which-

(i) at least two of those regions are of Tanzania Zanzibar; one Region being in

Unguja and the other in Pemba;

(ii) at least one Region shall be from each zone in Mainland Tanzania specified

in the regulations made under this Act;

(iii) its membership reflects regional and ethnic diversity and representation of

minorities and marginalised groups.

(c) it has submitted to the Registrar a postal address to which notices and other

communications may be sent in Tanzania Mainland and Zanzibar.

(d) it has submitted to the Registrar the location and postal addresses of its

branch offices for each region to which the party has submitted the list of

founding members for verification.

(e) it has submitted to the Registrar names of its members;

(f) it has submitted to the Registrar names of its national leaders and such

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leadership draws its members from both Tanzania Mainland and Zanzibar and

its composition reflects regional, religious and ethnic diversity, gender balance,

representation of minority and marginalised groups.

(g) It has demonstrated that each national leader meets the required

qualification prescribed by this Act,

(h) it has submitted to the Registrar, the location of its head office and subhead

office on the basis that, if the head office is established in Mainland Tanzania ,

the subhead office shall be established in Tanzania Zanzibar;

(i) it has through its constitution restricted its members from having dual

membership.

Verification of

political party

compliance with the

requirements and

conditions for

registration

23.-(1) The Registrar shall, after receiving an application for provisional or full

registration or at any time after issuing a certificate of full registration to a political

party, verify political party’s compliance with the requirements and conditions for

registration of a political party.

(2) A party which fails or refuses to cooperate with the verification exercise shall

be eligible for suspension or deregistration under this Act.

The Registrar to

issues a Certificate of

full registration

24. The Registrar may register and issue a certificate of full registration, upon

satisfaction of the correctness of the application and that the documents and

contents of the application meet the requirements and fulfil the conditions for full

registration, and that the party has paid application fees.

A register of fully

registered political

parties

25.- (1) There shall be a register of full registered political parties to be maintained by

the Office of the Registrar of Political Parties where the names, addresses and

other particulars of registered political parties and national leaders of political

parties shall be entered.

(2) There shall be a register of national leaders of political parties to be maintained

by the office of the Registrar of Political Parties where names, addresses,

telephone numbers and other particular of national leaders of political parties

shall be entered.

(3) The registers in subsection (1) and (2) shall be accessible to members of public

for inspection or perusal at the time and in the manner as may be determined by

the Registrar.

(6) A person who is not a national leader registered under subsection (1) and (2),

shall not engage in any party activity or political activity or any other activity as a

national leader of the party.

(7) Any person who contravenes the provisions of subsection (6) commits an

offence and shall be liable on conviction to a fine not less than five hundred

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thousand and not exceeding three million shillings or to imprisonment for a term

of six months or both.

Deregistration of a

political party

26.-(1) Subject to subsection (2) the Registrar may deregister a full registered political

party which has:-

(a) ceases to qualify for registration under this Act;

(b) contravenes any of the provisions of this Act;

(c) contravenes any provision of its Constitution and rules;

(d) obtained its registration in fraudulent manner or in his/her opinion

particulars concerning registration of the party submitted to him/her during

registration or anytime afterwards, are false or inaccurate;

(e) instigated the public or an individual not participate in lawful public

activity directed by the Government;

(f) instigated or participated in a commission of an election offence; or

(g) not nominated more than ten percent of total parliamentary candidates and

ten percent of total local councilors candidates in general election and ten

percent of total candidates in electable posts in Local Government general

election.

(2) The Registrar shall not deregister a full registered political party unless he has: —

(a) in writing, informed the party concerned of the contravention or the loss of

qualification and of the intention to cancel the registration;

(b) received or failed to receive, within the period prescribed by him, any

representations from the party concerned;

(c) submitted to the Minister the intention to cancel the registration of the party

together with any representations made by the party.

(3) The Registrar shall, upon deregistration of a political party, notify the

Administrator General and advertise in a government gazette.

Suspension before

cancelation of

registration.

27.-(1) The Registrar may suspend registration of a political party for a specified

number of days to enable the party to remedy the breach specified in the notice

issued by the Registrar under section 26.

(2) A political party that has been suspended under subsection (1) shall not be

entitled to any of the rights and privileges specified in this Act.

(3) The Registrar shall deregister a political party which has not remedied the

breach or complied with the Act as required by the Registrar under subsection (1)

Effects of

deregistration

28.-(1) Where a political party is deregistered under this Act, it shall cease to exist;

(2) Any person who does political or any administrative activity under name or

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anything of the deregistered political party commits an offence and shall be liable

on conviction to a fine not less than five hundred thousand and not exceeding three

million shillings or to imprisonment for a term of six months or both.

Decision of the

Registrar to be final

29.-(1) The decision of the Registrar on the registration or deregistration of any party

or enforcement of any provision of this Act shall be final and shall not be the

subject of appeal in any court.

(2) Nothing in subsection (1) shall be construed to preclude judicial review of the

decision of the Registrar.

PART V

ORGANISATION AND MANAGEMENT OF POLITICAL PARTIES

Management of a

political party

30.-(1) A political party shall be managed by adhering to the Constitutions of the

United Republic of Tanzania, The Constitution of Zanzibar, this Act, its

Constitution and rules, and principles of democracy and good-governance.

(2) A fully registered political party shall hold meetings of the party organs at

national, regional, districts and lower level in accordance with the party

constitution.

(3) A fully registered political party shall conduct at least two national executive

committee meetings and conduct at least four meetings of the national central

committee in each calendar year.

(5) A party national general meeting, national executive committee and national

central committee shall not delegate its core functions prescribed in the party

constitution and rules.

(6) Without prejudice to subsection (5) the core functions of the party national

general meeting, national executive committee and national central committee,

among others stated in the party constitution shall be, election or appointment of

leaders, making or amending party laws, financial scrutiny, filling vacant

leadership posts by appointment or acting.

Party policies and

internal rules

31- (1) Every political party shall:-

(a) Prepare its policy statement which includes party ideology and submit to

the Registrar during an application for provisional registration and anytime

afterwards when the party changes or form a new policy or adopt a new

ideology..

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(b) Prepare party gender policy which includes statements for promoting

equal opportunity of other marginalised groups like youth and disabled

people.

(c) seven days after the nomination day in each general election, submit to the

Registrar its election manifesto for that general election.

(d) make rules for:-

(i) financial management;

(ii) election or nomination of party leaders and candidates to public

elections;

(iii) meetings of the party; and

(iv) disputes resolution and disciplinary actions within the party.

Party activities and

establishment of

branches, units and

party organs in some

places.

32.- (1) No person shall do a party activity, form, establish or allow to be established or

formed in any office, branch, unit, youth or women organization or other organ of

any political party in any working place, school or other place of learning, places

of worship, Government buildings, public institutions or services.

(2) For the purposes of this section, places of residence for employees provided by

the employer shall not be regarded as places of work.

(3) Any person who contravenes the provisions of subsection (1) commits an

offence and shall be liable on conviction to a fine not less than five hundred

thousand shillings and not more than three million shillings exceeding or to

imprisonment for a term of six months or to both such fine and imprisonment and

the court shall order the closure or disbanding of the branch, unit, youth

organization or other organ of the party relating to the offence.

(4) Not withstanding subsection (1), a political party may hold administrative

meeting at places referred to in subsection (1) if such places offer facilities or

services for hire or reward.

A duty of a political

party to keep records

33.-(1) A political party shall maintain at its head office and subhead office an accurate

and authentic record of:-

(a) A register of :-

(i) its members,

(ii) national leaders; and

(ii) members of each party national organ.

(b) a copy of the Constitution and rules of the political party;

(c) a copy of party manifesto and minutes of national organs of the party;

(d) particulars of any contribution, donation or pledge of a contribution or

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donation, whether in cash or in kind, made by the founding members of the

political party, members of the party or any person, organization or institution;

(e) party annual budget and action plan;

(f) particulars of any property that belongs to the political party, value of each

property and the time and mode of acquisition of the property;

(g) books of accounts of a political party;

(h) the latest and other audited books of accounts of the political party which

shall be prepared in accordance with international accounting principles and

standards, showing:—

(i) the sources of the funds of the political party and names, addresses

and such other contact details of any persons who have contributed

thereto as the Registrar may require;

(ii) membership dues paid;

(iii) donations in cash or in kind;

(iv)indirect contributions to the party and all receipts and disbursements,

including income and expenditure transactions of the political party;

(v) all the financial transactions and records of assets and liabilities of

the political party; and

(vi) such other relevant particulars as the Registrar may prescribe.

(2) (1) A political party shall maintain at any of its office accurate and authentic

records of the party including constitution and rules of the party.

(3) Every political party shall maintain at each of its office a registry in which all

correspondents of a party shall be kept.

(4) A person who interferes with, damages or destroys the records of a registered

political party commits an offence.

(5) The Registrar, an officer from the Office of the Registrar of Political Parties or

any person authorised by the Registrar, may, during working hours, inspect and

obtain copies of the records of a political party maintained at its head office or

subhead office or any other party office.

Duty of political

party to inform

Registrar

34. -(1) The Registrar may issue a written notice, in the prescribed form, to the

Chairperson or Secretary-General of a political party to furnish for inspection by

the Registrar the records required to be maintained under section 33, or such other

information as is reasonably required by the Registrar to ensure compliance with

the provisions of this Act.

(2) The Registrar may make copies of, or take extracts from, any records or other

information furnished to the Registrar under this section.

(3) The Chairperson or Secretary-General of a political party or any person acting

18

or working in the capacity of a chairperson or secretary general, shall comply with

a notice issued by the Registrar under subsection (1).

(4) A Chairperson or Secretary-General or any member of a political party who

fails to comply with the notice under this section commits an offence.

(5) Any member of a political party referred in subsection who contributes in the

commission of an offence is liable on conviction to a fine not less than five

hundred thousands and not exceeding three million or to imprisonment for a term

of six months or to both.

Powers of the

Registrar to demand

information from a

political parties

35.- (1) The Registrar may, in the execution of functions and responsibilities under this

Act, request from a political party any information concerning implementation of

this Act.

(2) A political party which contravenes the provisions of subsection (1), shall be

liable for a fine of not less than one million shillings and not more than ten million

shillings.

(3) Any person who, being a person having the mandate of his political party,

contravenes the provisions of subsection (1) or provides false information to the

Registrar, commits an offence and is liable, on conviction to a fine not less than

Five Hundred Thousands shillings and not more than three million shillings or to

imprisonment for a term of six months or to both.

(4) Any person who or institution which contravenes the provisions of subsection

(1), despite penalties given under subsection (2) and (3) shall be ordered by the

Registrar, to submit the information within a period stated by the Registrar.

(5) A political party which contravenes the provisions of subsection (4), shall be

liable for suspension or deregistration.

Powers of the

Registrar to regulate

civic education

provided to political

parties

36-(1) Any institution registered within or outside the United Republic of Tanzania

wishing to conduct civic education or any kind of capacity building training or

initiative to a political party, must inform the registrar stating objective and kind of

training, syllabus if any, people involved in conducting training and been trained,

teaching aids and expected results.

(2) Any political party invited for training or any kind of capacity building training

within or outside Tanzania, shall inform the Registrar within seven days after

receipt of the invitation, stating the organization inviting it, purpose of the

invitation, place where the event will take place and any other information which

the registrar may require.

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(3) Any person who contravenes the provisions of sub-section (1) and (2), commits

an offence and is liable, on conviction to a fine not less than Five Hundred

Thousands shillings and not more than three million shillings or to imprisonment

for a term of six months or to both.

(4) Any institution which contravenes the provisions of subsection (1) and (2) is

liable for a fine of not less than one million shillings and not more than ten million

shillings.

(5) Any person who or institution which contravenes the provisions of subsection

(1) and (2), despite penalties given under subsection (3) and (4) shall be ordered by

the Registrar, to submit the information within a period stated by the Registrar.

(6) A political party which contravenes the provisions of subsection (5), shall be

liable for suspension or deregistration.

Obligation of a

Political Party to

maintain a party

roaster

37.-(1) Every political party shall maintain registers for:-

(a) members of the party at each party administrative level;

(b) leaders of the party at each party administrative level; and

(c) members of party organ at each party administrative level.

(2) The registers in subsection (1) of this section shall be updated at least each

month;

(3) Each political party shall, within six months after the coming into force of this

Act, submit to the Registrar registers mentioned in subsection (1) of this section.

(4) The Registrar may, by notice in writing, require a political party to submit

registers mentioned in subsection (1) or any particulars relating to such registers,

within a period stated by him/her.

(5) The notice referred to in subsection (4) shall specify reasons.

(6) a political party fails to comply with the requirement of subsection (3) and a

notice issued under subsection (4) shall be suspended in accordance with

provisions of this Act and any party leader concerned shall be guilty of an offence

and shall be liable on conviction to a fine not less than five hundred thousands and

not exceeding three million shillings or to imprisonment for a term not exceeding

six months or to both such fine and imprisonment.

Qualifications of

national leaders of

political parties

38.-(1) A Full registered political party shall have national leaders and such other

leaders or officers as may be elected or appointed in accordance with its

20

constitution and rules.

(2) A person shall be qualified to contest for election or nomination as a

leader of a political party if that person is-

a) a citizen of the United Republic of Tanzania who has attained or is

above the age of twenty one years and who can read and write in Kiswahili;

b) a member of the relevant political party;

c) a person who, within five years prior to the date of submission of the name

for election or nomination has not been convicted or sentenced for

commission of an offence of dishonest, corruption or evading tax;

d) a person of sound mind; and

(e) not declared bankrupt by a court of competent jurisdiction.

(f) disqualified from holding public office under the Constitution of the United

Republic of Tanzania of 1977 or the Constitution of Zanzibar of 1984 or any other

written law.

Tenure of national

leaders of political

parties

39..- (1) Political Party leaders shall hold office for a term of five years and may be

eligible for re-nomination or re-election.

(2) Without prejudice to subsection (1) the five year leadership term can be

extended by the Registrar for six months upon satisfactory reasons presented by

the party.

(3) A party member shall act any post of the party national leadership for a period

not exceeding one year.

(4) Acting a national leadership position shall be authorised by a party organ in

accordance with the relevant party constitution and rules.

Election of party

national leaders after

fully registration.

40.-(1) Every fully registered political party shall be required to convene a general

meeting for the purpose of electing national leaders within one year after being

fully registered.

(2) The registrar of political parties shall deregister a political party which fails to

comply with the requirement of subsection (1).

Political parties to

appoint trustees

41. -(1) Every political party which has obtained a certificate of full registration shall

appoint a board of trustees which includes men and women to manage the

properties and any business or investment of the party.

(2) Every board of trustees shall be duly incorporate under the Trustees

21

Incorporation Act and every party shall, not later than ninety days from the date of

full registration, submit to the Registrar—

(a) the name and address of members of the board of trustees,

(b) a copy of the certificate of incorporation.

(3) A person shall qualify to be a member of a Board of Trustees if that person is

not a party leader.

(4)Without prejudice to the provision of subsection (3), the appointment of a

member of the Board of Trustees shall be as prescribed in the Trustees

Incorporation Act.

A register of party

trustees

42..- (1) There shall be a register of members of board of trustees of political parties to

be maintained by the Office of the Registrar of Political Parties where the names,

addresses and other particulars of each member of the body of trustees of a

political parties shall be entered.

(2) The registers shall be accessible to members of public for inspection or perusal

at the time and in the manner as may be determined by the Registrar.

Political Parties to

appoint accounting

officer and establish

accounts, internal

audit and

procurement

department.

43.- (1) Every political party shall appoint accounting offer in accordance with its

constitution and rules to management party finances and other assets.

(2) Every political party shall establish a well functioning party accounts unit or

department, internal audit unit or department and procurement department unit or

department.

Winding up of a

political party

44.- (1) a political party may be wound up in accordance with its Constitution and rules

by the decision of the national general meeting in whatever name it may be

called.

(2) No court or tribunal shall have power in any suit to grant an order of voluntary

winding up of a political party in favour of a judgment creditor.

PART VI

RIGHTS AND PREVILEGES OF POLITICAL PARTIES

Rights to public

meetings and

procession

45- (1) Every party which has been provisionally or fully registered shall be entitled:-

(a)to hold and address public meetings in any area in the United Republic after

giving notification to the police officer in-charge of the area concerned for

purposes of publicizing itself and soliciting for membership;

(b) to the protection and assistance of the Government security group for the

purposes of facilitating peaceful and orderly meetings:

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(c) to the provision by the State, of fair opportunity to present the political party’s

programmes to the public by ensuring equitable access to the State owned media.

(2) Notwithstanding the provisions of subsection (1) and any other written law, a

political party shall not hold public meeting or rally or procession before or after

election period unless the public meeting is hosted by elected member of parliament

or house of representative in his/her constituency or elected local councilor in

his/her ward or parliamentarian/house of representative or councilors women

special seats in their jurisdiction and other elected members in their electoral

jurisdiction.

(3) Nothing in subsection (2) shall prohibit government leaders or official from

holding public meeting or processing in excising their duties and political parties in

holding public meetings during by election campaigns announced by the National

Electoral Commission or the Zanzibar Electoral Commission and a provisionally

registered political party from holding a public meeting for recruiting new

members.

(4) Notwithstanding any other written law to the contrary sections 43, 44, 45 and 46

of the Police Force and Auxiliary Services Act shall apply and have effect as to all

meetings and procession to be held on any part of the United Republic by any

political party whether provisionally or fully registered.

(5) Every party which has been fully registered shall be entitled to put up candidates

and to campaign for any candidates in any parliamentary or presidential election or

in a local government authority election.

(6) A political party which is provisionally registered shall not be entitle to put up a

candidate or to campaign for any candidates in any parliamentary or presidential

election or in a local authority election or any state election.

(7) Any political party or person who contravenes the provisions of this section

commits an offence, apart from any other penalty given under the Act, the party

shall be liable for fine, suspension or deregistration.

Procedure to be

followed by a

political party before

holding a public

meeting or

procession

46.- (1) When a political party is desirous of holding a meeting or procession in any

open public place in any area it shall, not less than forty eight hours before the

meeting, submit a written notification of its impending to the police officer in

charge of the area in which the meeting or procession is to take place is situated.

(2) The written notification referred to in subsection (4) shall specify—

(a) the name of the political party submitting the notification;

(b) the place in and time at which the meeting is to take place;

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(c) the agenda or purpose in general of the meeting;

(d) such other particulars as the Minister may from time to time by notice

published in the Gazette specify.

(3) Where a political party submits a notification in accordance with subsection

(1) it may proceed to hold the meeting in question as schedule unless and until it

receives an order from the police officer in charge of the area directing that the

meeting or procession should not be held or conducted as notified.

(4) A police officer to whom a notification is submitted pursuant to subsection (1)

shall not give a stop order under subsection (6) in relation to the notification

unless he is satisfied that –

(a) a previous notification has been submitted by another political party or other

persons for holding a meeting or other function or procession in the same place

at the same time as is intended by the notifier;

(b) the meeting or procession is intended to execute or to be used for an unlawful

purpose;

(c) the meeting is likely or intended to cause a breach of the peace or to

prejudice the public safety in the area;

(d) the political party or group of persons giving the notification is not a

registered political party or body of persons or the persons submitting the

notification is not appropriately identified as an authorised representative of the

political party concerned.

(5) A stop order given under subsection (3) shall be in writing and in such form

as is able to easily disclose the reasons for its issuance and state whether or not

the political party concerned may hold the meeting at the venue at another time

or date convenient to it in the same area.

Political parties not

form security group

47.-(1) No political party shall recruit or deploy or form a security group of any kind or

maintain an organisation capable of usurping the functions of the police force and

any government security organ.

(2) No political party shall conduct, coordinate or order to be conducted or

coordinated, military style training or any kind of training intended for use of force

or any kind of weapon, to its members or any other person.

(3) a political party which does not comply with the requirement of subsection (9)

and (10) of this section, shall be deregistered and every national leader of the party

concerned shall be guilty of an offence and shall be liable on conviction to a fine

not less than five million and not exceeding ten million shillings or to imprisonment

for a term not less than one year and not exceeding two years or to both such fine

24

and imprisonment.

Merging of political

parties

48.- (1) Every political party fully registered in accordance with this Act may at any

time prior and after the general election be entitled to merge with another fully

registered political party.

(2) A political party may merge with another political party by —

(a) forming a new political party; or

(b) merging into an already registered political party.

(3) Where the parties decide to merge as provided for under subsection (1)

the parties shall enter into agreement to that effect in the manner as may be

prescribed by this Act.

(4) The decision to merge shall be made by a national general meeting of each

political party intending to merge, shall be in writing and shall be duly executed by

the political party officials authorized to execute agreements on behalf of each

political party intending to merge.

(5) The Registrar shall, upon satisfaction with the contents of the agreement and

that the parties have complied with prescribed conditions for merger, provisional

and full registration of a new political party, register a new party in the name as may

be preferred in the agreement and issue a certificate of full registration thereof.

(6) After registering and issuing a certificate of fully registration to a new party

under subsection (5) the Registrar shall deregister merged political parties and

publish in the Government gazette deregistration of merged political parties and

registration of a new party formed after the merger.

Cessation of merged

political parties

49.-(1) The political parties merged in accordance with the provisions of this Act shall,

with effect from the date of registration of new party, cease to exist and all political

leaders elected, appointed or nominated before the merger of such political parties

shall be deemed to have vacated their positions.

(2) Members of a political party which has ceased to exist under the provisions of

subsection (1) shall cease to be members of that political party ad shall be members

of the new party

(3) The properties and assets of a political party which has ceased to exist by virtue

of this section shall be properties and assets of a new political party after been

issued with membership card of the new party.

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(4) The term “political leader” as used in subsection (1) means a person elected,

nominated or appointed to hold a position in a political office including offices of

the president, s member of parliament, a councilor or other political office within a

local government authority including a township, a mtaa, a village and kitongoji.

Cooperation of

political parties

50.-(1) Fully registered Political Parties may cooperate in any form in accordance with

the provisions of this Act and not contrary to any written law, to further their

political agenda or objectives;

(2)Where Political Parties enter into any kind of an agreement of cooperation, shall

deposit a verified copy thereof with the Registrar.

(3) Where a Political Party enter into any kind of an agreement of cooperation with

a political or any other institution registered outside Tanzania, or a foreign

institution registered in Tanzania, shall deposit a verified copy thereof with the

Registrar.

(4) A foreign agency or a foreign political party which shares an ideology with a

political party registered in Tanzania may provide technical assistance to a political

party registered in Tanzania after informing the Registrar on the kind of assistance

to be offered.

(5) Technical assistance under subsection (4) shall not include provision of any

assets to the political part except office equipments.

A register of party,

affiliation,

membership and

cooperation’s made

by parties or with

foreign or local

organisations

51.-(1) There shall be a register of affiliations, membership of the party with foreign or

local organizations and all kinds of cooperation of political parties or political

parties with other organizations, to be maintained by the Office of the Registrar of

Political Parties where the names and other particulars of such cooperation shall be

entered.

(2) The register shall be accessible to members of public for inspection or perusal

at the time and in the manner as may be determined by the Registrar.

Political parties to

host flags 52.-(1) Every registered political party shall be entitled to own, use and hoist a flag of

its party in areas or places as may be prescribed in the regulations to be made under

the provisions of this Act.

(2) A flag of a registered political party shall be of a design or type as prescribed in

the respective party constitutions or rules.

(3) Party flag shall not be hoisted in areas restricted by section 32 of this Act.

26

(4) A member or a leader of a registered political party or any other person shall not

tear or do any act, utter any word or publish any writing with intent to insult or

bring into contempt or ridicule a flag of a party.

(5) Any person who contravenes the provisions of subsection (4) commits an

offence.

PART VII

FINANCIAL PROVISIONS

Initial assets of a

political party

53.- (1) A political party shall, within thirty days after being issued with a certificate of

full registration, submit to the Registrar a written declaration giving details of all

assets and expenditure including all contributions, donations or pledges of

contributions or donations, whether in cash or in kind, made or to be made to the

initial assets of the political party by its founding members in respect of the first

year of its existence.

(2) A declaration submitted to the Registrar under subsection (1) shall—

(a) state the sources of all funds and other assets of the political party;

(b) contain such other relevant particulars as the Registrar may prescribe;

and

(c) be supported by a statutory declaration made by the person designated to

issue such a declaration by the governing body of the political party.

(3) The Registrar shall, within thirty days after the receipt of the declaration

required under subsection (2), cause the declaration to be published in the

Government Gazette.

(4) Notwithstanding any other penalty prescribed by this Act or the Registrar shall

deregister a political party which—

(a) fails to comply with this section; or

(b) submits a declaration which is false in any material particular.

Source of funds and

other resources of a

party

54.-(1) The funds and other resources of political parties which have been fully

registered shall derive from-

(a) membership fees;

(b) voluntary contributions;

(c) the proceeds of any investment, project or undertaking in which the

party has an interest;

(d) subvention from the Government;

27

(e) donations, bequests and grants form any other source.

(2) Subject to subsection (1), no person or organisation shall, in any one year

contribute to a political party an amount, whether in cash or in kind exceeding

thirty percent of the annual total expenditure of the political party.

(3) The total expenditure referred to in subsection (2) shall be in relation to the

audited accounts of the political party of previous year.

. (4) A person who or an organisation which contravenes subsection (2) commits an

offence.

(5) A political party that receives an amount exceeding the amount specified in

subsection (2) commits an offence and shall, in addition to the penalty imposed by

this Act, pay fine equivalent to the amount received.

(6) Subsections(2) and (5) shall not apply to any contribution or donation whether

in cash or kind, made by any founding member of the political party as his/her

contribution to the initial assets of the party during registration process.

Disclosure of sources

of funds and other

resources obtained by

the party

55.-(1) Every party shall disclose to the Registrar information relating to any funds

or other resources obtained by the party-

a) from sources outside the United Republic, whether obtained directly

or through sources within the United Republic;

b) from foreign organizations stationed within the United Republic;

c) from any person resident in the United Republic who is not a citizen of

the United Republic; or

d) From any source within the United Republic of Tanzania as may be

prescribed in the Regulations made under this Act

(2) An official of any political party or other person liable to disclose information

to the Registrar on behalf of the party relating to the funds or other resources of

the party, who gives false information in relation to such funds or resources

obtained by a party form sources outside and within the United Republic of

Tanzania, commits an offence and shall be liable on conviction to a fine equal to

the amount of the value of the resources not disclosed or in relation to which false

information was given or to imprisonment for a term not less than six months and

not exceeding twelve months or to both such fine and imprisonment.

(3) A political party which fails to disclose any information required under this

Section, shall be liable to a fine equal to the amount or the value of the resources

not disclosed.

Submission of

accounts and

declaration of

56.-(1) Every political party which has been fully registered shall—

(a) maintain proper accounts of the funds and property of the party;

(b) submit to the Registrar –

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property i) an annual statement of the accounts of the political party audited by the

Controller and Auditor General;

ii) an annual declaration of all the property owned by the party.

(2) The Registrar, after inspecting any accounts or report submitted pursuant to

this section may, for the benefit of the members or the public, publish any matter

relation to the funds, resources or property of any party or the use of such funds,

resources or property.

(3) The Registrar may publish in the Government Gazette, an annual report on the

audited accounts of every party.

(4) Every political party shall, within one month after receipt of its annual

statement of the accounts audited by the Controller and Auditor General, publish it

in two registered news paper which has wide circulation in the United Republic of

Tanzania, one been a Kiswahili and the an English news paper. The publication

shall among other things include:-

(a) the sources of its funds stating—

(i) the amount of money received as Government subvention;

(ii) the amount of money received from its members; and

(iii) the amount of money received from other sources;

(b) the income and expenditure of the political party; and

(c) assets and liabilities of the political part.

Party to maintain

bank account

57.-(1) Every political party which has been fully registered shall, through its trustees,

maintain a bank account of the party in which all the money received by the party

in accordance with section 13, shall be deposited.

(2) Without prejudice to subsection (1) every political party receiving Government

subvention shall maintain a bank account to be used only for depositing and

expenditure of Government Subvention.

(3) Where a political party maintains more than two bank accounts, a bank account

for Government Subvention and a bank account for other funds, it shall not receive

funds in other bank accounts other than the two bank accounts except as election

expenses during election period.

Grant of and party

Qualification for,

subvention

58.-(1) The Government shall, subject to provisions of this Act, disburse up to not

more than two per centum of the annual recurrent budget, less the amount payable

in defraying the national debt, in the grant of subventions to political parties in

pursuance of the provisions of the Act.

(2) Subvention to political parties referred to in subsection (1) shall be granted to

fully registered political parties which qualify under this Act as follows:-

(a) Eighty percent shall be distributed to political parties having elected

29

members of parliament;

(b) fifteen percent shall be distributed to political parties having elected local

councilor;

(c) five percent shall be equality distributed to all fully registered political

parties in kind for paying office rent or office maintenance or administrative

expenditure.

(d) five percent retained by the Office of the Registrar of Political Parties as

administrative expense for the disbursement and monitoring accountability of

subvention.

(3) For the purpose of section 52(2)(b) of this section, the Minister shall, in

consultation with the Registrar, make regulations for disbursement of that party of

Government Subvention.

(4) No party shall qualify for the grant to it of a subvention in accordance with this

Act unless—

(a) it is a party which is fully registered under this Act;

(b) it observes gender equality requirements described in this Act; and

(c) it has, in the immediately preceding general or local government election,

had any of its candidates elected to be a Member of Parliament or member

or a local government authority.

(5) Any subvention from the Government which is payable to any political party

under this Act shall not be paid to any political party which does not maintain a

bank account in accordance with this section.

(6) The Director responsible for elections shall, for the purpose of disbursement of

Government subventions to political parties under this section, transmit to the

Registrar a copy of approved election results.

(7) For the purpose of disbursement of Government subventions to political parties

under this section , the Secretary to the Parliament and the Permanent Secretary in

the Ministry responsible for Local Government shall, whenever the constituency

or ward fall vacant of an elected representative, inform the Registrar.

When, how and

amount of subvention

to be granted

59.-(1) Subventions granted under this Act shall be disbursed to a qualifying party

once in every financial year and in such installments as the Minister may,

considering the prevailing economic and financial conditions, determine.

(2) subvention to every qualifying party in relation to its local government authority

activities shall be allocated to every qualifying party by computing on the basis of

the number of the members of a party who are members of a district or urban

council.

(3) The fund disbursable pursuant to section 16(1) as subvention to qualifying

parties shall be disbursed as follows-

(a) fifty per centum of the funds shall be disbursed amongst qualifying parties

on basis of the ratio between the number of parliamentary constituencies in

the United Republic;

30

(b) the other fifty per centum of the funds shall be disbursed amongst qualifying

parties each of which won not less than three per centum of all the valid votes

cast in all constituencies in the United Republic, and shall be disbursed

amongst those parties on the basis of the ratio between the total number of valid

votes cast for the parliamentary candidates of a party and the total number of all

the valid votes cast in the parliamentary election for all the qualifying parties.

(4) For purposes of subsection (2) a Parliamentary candidate declared by Electoral

Commission as having been elected unopposed in the constituency, shall be deemed

to have been elected by fifty one percent of the total number of the registered voters

in the respective constituency.

Application of, and

accounting

for, subvention

60.- (1) Subventions granted to a party may be spent only on

(a) the parliamentary activities of a party;

(b) promoting the representation in Parliament and in the local council of

women, persons with disabilities, youth and ethnic;

(c) recruiting members and promoting active participation by individual

citizens in party activities;

(d) activities for gaining the political party’s influence to a political agenda;

(e) the organisation by the political party of civic education in democracy

and other electoral processes;

(e) any lawful activity relating to an election in which a party nominates a

candidate;

(f) administrative and staff expenses of the political party which shall not

be more than thirty percent of the moneys allocated to the political party;

(g) any other necessary or reasonable requirement of a party.

(2) The moneys allocated to a political party shall not be used for any other

purposes other than those specified in this Act.

(3) Moneys allocated to a political party from the Fund shall not be used

(a) for paying directly or indirectly remuneration, fees, rewards, allowances

or any other benefit to a member or supporter of the political party, other

than a member of staff;

(b) to finance or as a contribution to any matter, cause, event or occasion

directly or indirectly in contravention of any code of ethics binding on

public officers;

(c) directly or indirectly for the purposes of establishing any business or

acquiring or maintaining any right or financial interest whatsoever in any

business or in any immovable property; or

(d) for any other purpose incompatible with the promotion of a multiparty

democracy and the electoral processes, or with the Constitution.

(4) A political party shall ensure accountability and transparency in its

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procurement processes.

(5) A person who contravenes the provisions of this section commits an offence.

(6) Subventions granted to a political party shall be accounted for to the Registrar,

separately from the accounting for other funds of the party.

(7) For the purpose of subsection (2), a political party shall submit to the Registrar

quarterly report of income and expenditure of its subvention.

(8) Any party which fails or neglects to account for subventions in accordance

with this Act, shall forfeit the right to any subsequent subvention due to the party

in accordance with this Act.

(9) Where the Registrar is for any reasonable cause, dissatisfied with any account

of subventions submitted by any party, so much of the subvention which has not

been accounted for or has not been accounted for satisfactorily, shall be deducted

form any subsequent subvention due to the party.

(10) If by reason of failure to submit an account or for any other reason, the

Registrar has reason to suspect that any offence under the Penal Code may have

been committed in relation to the money which has not been committed in

relation to the money which has not be been accounted for, he may make a report

to a police station, and the officer in charge of that police station shall cause the

matter to be investigated.

(11) The Registrar may suspend grant of subvention to a political party for

specified or unspefied period when he/she believes that management of a political

party which includes its trustees will not be able to account for or supervise

accountability of such funds.

(12) A Political Party which receives a qualified or disclaimer audit report shall be

denied subsequent subvention of six months.

(13) The Registrar may at any time request the Controller and Auditor-General to

carry out an audit of the accounts of a political party.

Submission of

financial reports at

the same time.

61.- (1) A financial year of a fully registered political party shall conform to that of the

Government ending on the last date of June in each calendar year;

(2) Notwithstanding any provisions of this Act, every political party shall:-

(a) submit to the Controller and Auditor General Purpose Financial Statements

of its accounts not later than thirtieth September of each calendar year.

(b) submit audit reports to the Registrar within one months after it has received

the report from the Controller and Auditor General.

(3) The Registrar shall in consultation with the Accountant General and the

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Controller and Auditor General, provide for guidelines for accounting and auditing

of Political Parties finance.

(4) Without prejudice to section any provision of this Act, all political parties must

adopt common financial reporting framework of accounting provided by the

Registrar after consultation with the Accountant General.

PART VIII

POLITICAL PARTIES DISPUTES RESOLUTION

Political parties

disputes resolution. 62.-(1) The Registrar of Political Parties shall determine:-

(a) disputes between the members of a political party;

(b) disputes between a member of a political party and a political party; and

(c) disputes between political parties by consent of both parties.

(2) Notwithstanding subsection (1), the Registrar shall not hear or determine a

dispute under paragraphs (a), (b) or (c) which concerns the registration or

deregistration of any party or enforcement of any provision of this Act.

(3) Notwithstanding subsection (1), the Registrar shall not hear or determine a

dispute under paragraphs (a), (b) or (c) unless the dispute has been heard and

determined by the internal political party dispute resolution mechanisms.

(4) In hearing disputes under subsection (1) the Registrar may invite any two

credible people as assessors to advice him in determination of the matter before

him.

(5) An Appeal from the decision of the Registrar shall lie to three judges of the High

Court on points of law and facts, and on points of law to the Court of Appeal.

(6) A decision of the Registrar shall be enforced in the same manner as a decision of

the Court.

(7) The Registrar shall apply the rules of evidence and procedure under the Evidence

Act, with the necessary modifications, while ensuring that its proceedings do not

give undue regard to procedural technicalities.

(8) The Minister shall make rules which provides for procedures in filling, hearing

and determination of political parties disputes by the Registrar.

Party internal

disciplinary and

dispute resolution

mechanism

63.-(1) Each political party shall, in its constitution, establish members and leaders

disciplinary and disputes resolution mechanism.

(2) The party rules shall prescribe how the disciplinary and disputes resolutions

mechanism shall operate;

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(3) Party internal disciplinary and disputes resolution mechanisms should be

transparent and shall observe rules of natural justice and fairness and shall provide

for the right of appeal.

PART IX

GENERAL PROVISIONS

Establishment of the

Political Parties

Council

64.- (1) There is established within the office of the registrar of political parties a

council of political parties.

(2) Members of the council shall not be more than two national leaders of each

fully registered political party, whereby in one party one member shall be from

Tanzania Mainland and the other from Zanzibar.

(3) A chairman and vice chairman of the council shall be elected by members of the

council from amongst themselves for a two years term.

(4) The office of the Registrar of political parties shall be a secretariat to the

council.

(5) The council shall be funded from the Government budget and donor funds

through the Government.

(6) The conduct and other matters of the council shall be governed by regulations

made by the Minister.

Functions of the

Political Parties

Council

65.-(1) Functions of the council shall include to:-

(a) Advice the registrar on the disputes arising amongst political parties.

(b) Advice the registrar on matters of national interest with reference to

political parties or political situation.

(c) Advice the Government through the Registrar on the enactment,

amendment and implementation of Political Parties Act and other laws relating

to political parties.

(d) Advice on the regulation prescribing matters regarding political parties.

(e) Inform the registrar on any matter regarding the operations of any political

party.

Sources of funds for

the council 66. The council shall be financed from the Government budget or donor funds through

the Government.

Offences and penalties 67.-(1) Any office bearer who fails to comply with the directive or request of the

Registrar made under this Act or submits a statement which is false in any

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material particulars commits an offence.

(2) without prejudice to any other penalty provided in this Act, where a political

party makes a statement which is false in material or particular the political party

commits an offence and is reliable on conviction to a fine not less than five hundred

thousands exceeding fifty million Tanzania Shillings.

(3) Any person who contravenes any provision of this Act to which no specific

penalty is prescribed, shall be liable on conviction to a fine not less than five

hundred thousands and not exceeding Ten million Tanzania shillings or to

imprisonment for a term not exceeding one year or to both fine and imprisonment.

(4) Any political party which contravenes any provision of this Act to which no

specific penalty is prescribed, shall be liable to a fine not less than five hundred

thousands and not exceeding fifty million Tanzania shillings or to suspension or to

deregistration.

Suspension of a

political party

68.-(1) In particular and without prejudice to the generality of the power conferred by

section 24 and 25, the Registrar may suspend any member of a Political Party who

have contravened any provisions of this Act, or suspend any political party which

has contravened any of the provisions of this Act or which has otherwise ceased to

qualify for registration under this Act, from conducting political activities if :-

(a) The act involves party leaders at national level, a party member and/or the

party shall be suspended for a period not exceeding one year to conduct party

and political activities and participate in election in the whole country;

(b) The act involves party leaders, members and/or supporters at regional or local

level, a party member and/or the party shall be suspended to conduct party and

political activities and participate in election for a period not exceeding one

year within that particular region, district, and constituency or ward as the case

may be.

(3) Any party member or leader or follower who conducts party or political

activities or participates in an election or causes his/her to conduct party and

political activity or participate in an election during the suspension of such a party

member or political party commits an offence.

(4) A political party which conducts party and political activities or participates in

an election during the suspension shall be liable for fine and/or deregistered.

Protection of

informers

69.-(l) Every person of who is or becomes aware of the informer commission or the

intention to and commit by another person, witness whether that person is a voter, a

candidate, a leader of a political party or not, to commit an offence of prohibited

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practice shall be required to give information to the Registrar:

(2) No information relating to commission of an offence under this Act shall be

admitted in evidence in any civil or criminal proceedings and no witness in any civil

or criminal proceedings shall be obliged to -

(a) disclose the name or address of any informer who has given information to

the Registrar with respect to an offence under this Act or the name or address of

any person who has assisted the Prevention and Combating of Corruption

Bureau in any way in relation to such an offence; or

(b) answer any question if the answer to such question would lead, or would

tend to lead, to discovery of the name or address of such informer or person.

(3) Where any book, document or paper which is the subject of evidence or liable for

inspection in any civil or criminal proceedings contain an entry in which that

informer or person is named or described, or which might lead to the discovery of

that informer or person by the public, the court shall cause all such passages to be

concealed from view by the public to be obligated so far as may be necessary to

protect the informer or such other person from discovery by the public.

(4) Any informer who suffers reprisal, retaliation or victimization, injury or any

harm from a person accused of corruption, perpetrators of offences of corruption,

prohibited practices and their accessories shall be afforded reasonable protection,

compensation and assistance by the Government upon ascertainment by the

Registrar the magnitude of victimization, injury or harm.

The Minister to make

regulations

70. – (1) The Minister may make regulations for the purpose of carrying out

or giving effect to any provision of this Act.

(2) In particular and without prejudice to the generality of other power conferred by

subsection (1), the Minister may make regulations---

(a) prescribing the manner of registration of political parties under this Act

(b) regulating or restricting the use or the changes of names of political parties;

(c) prescribing the forms which may be used for carrying out the provisions of

this Act;

(d) for securing the submission to the Registrar of accounts relating to other

assets and liabilities, income and expenditure of political parties;

(e) prescribing the fees in respect of anything to be done under this Act;

(f) securing the submission to the Registrar of annual or other periodical returns

relating to the constitution, objects and membership of political parties.

(g) prescribing the manner in which subventions granted to a party may be

accounted for;

(h) prescribing and regulating the use of flags by political parties

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(i) prescribing procedures and processes for merging of political parties.

(j) in consultation with political parties prescribing ethical conduct of political

parties,

(k) prescribing procedures for inter and intra-party dispute resolution.

(k) prescribing anything which is required or is necessary or desirable that it

be prescribed for the better giving effect to this Act.

(3) The Minister may, by order published in the Gazette, add to, amend, repeal or

replace the Schedules to this Act.

Repeal of the Political

Parties Act, 1992

69. [Repeal of the Political Parties Act, 1992]

………………………. X ………………………