Establishment and Mandate
Establishment of Zanzibar Electoral Commission
119(1) There shall be a Zanzibar Electoral Commission which shall have the following Members:
a) the Chairman appointed by the President in the manner deems fit;
b) two members appointed by the President on the recommendation of the Leader of government business in the House of representatives.
c) two members appointed by the President on the recommendation of the Opposition Leader in the House of Representatives or if there is no opposition leader by consultation with the political parties.
d) One member appointed by the President from among the judges of the High Court.
e) One member appointed by the President as he sees fit.
(2) a) The Chairman of the Zanzibar Electoral Commission shall be a persona with qualification to be a judge of High Court or Court of Appeal of any member Country of the Commonwealth or a respected person in the society.
b) The Zanzibar Electoral Commission shall appoint a Vice-Chairman from among its members
(3) The following persons shall not be appointed as Members of the Zanzibar Electoral Commission:-
a) Minister or Deputy Minister;
b) Ember of the House of Representatives, or a Member of the armed forces of Tanzania or occupies a position which in law does not permit him to be Member of the Commission
c) a Member of Parliament or any other person in position of responsibility referred to in any law enacted by Parliament in terms of the conditions in paragraph (9) of sub – article (2) of article 67 of the Union Constitution.
d) a leader of any political party:
(4) Without prejudice to other provisions in this Article a Member of the Zanzibar Electoral Commission shall cease to be Member on occurrence of any of the following:
a) upon expiration of a period of five years since he was appointed; or
b) upon occurrence of any event if he were not member of the Commission, would have rendered him not be appointed Member of the Zanzibar Electoral Commission.
(5) The President may only remove a Member of the Zanzibar Electoral Commission for failure to perform his functions, either because of illness or for any other reason or because of misbehavior or due to disqualification to be a member.
(6) A member of the Commission shall be removed from office by the President if the Question of his removal from office is referred to a Special Commission established in that behalf in terms of sub-article (7) of this Article and the Commission recommended to the President that the Member should be removed due to his inability to perform his functions as described hereinabove.
(7) In the event the President thinks the question or removal of a Member of the Commission should be investigated then:
(a) the President shall appoint a Special Commission with a Chairman and not less then two other Members from persons holding or who held positions of Judges of Courts of unlimited jurisdiction in Tanzania, or Justice of Appeal the Appellate court having jurisdiction over the other court, and
(b) the Commission shall investigate the issue and recommend to the President whether the Member should be removed or not.
(8) Where the question of removal of a Member is referred to a Special Commission for investigation the President may suspend the Member from duty and the suspension may at any time be revoked by the President and in any case the suspension shall have no effect whatsoever where the Commission recommends to the President that the Member should not be removed from office.
Mandates of Zanzibar Electoral Commission
The mandates of the Zanzibar Electoral Commission are described in the Constitution of Zanzibar, 1984, the Election Act No.11, 1984 and the Referendum Act No.6, 2010. These functions are:-
1. Overall supervision of the elections of the President, Members of the House of Representatives, and Local Government leaders;
2. To review of numbers, names and boundaries of electoral constituencies in Zanzibar
3. Updating the Permanent Voters’ Register;
4. To promote and coordinate voters’ education; and
5. To conduct and to supervise referenda in Zanzibar