Pan-Africanism or Pragmatism: Lessons of the Tanganyika-Zanzibar Union

Appendix 4: Ratification Law passed by Tanganyika Parliament

Appendix 4 UNION OF TANGANYIKA AND ZANZIBAR ACT, 1964 No. 22 OF 1964 An Act to ratify the Articles of Union between the Republic of Tanganyika and the People’s Republic of Zanzibar, to provide for the government of the United Republic and of Zanzibar, to make provision for the Modification and Amendment of the Constitution and Laws of Tanganyika for the purpose of giving effect to the Union and the said Articles, and for matters connected therewith and incidental thereto. [25TH APRIL, 1964] WHEREAS by Articles of Union entered into between the Government of the Republic of Tanganyika and the Government of People’s Republic of Zanzibar twentysecond day of April, 1964, it was agreed that, subject to the enactment of laws by the Parliament of Tanganyika and by the Revolutionary Council of the People’s Republic of Zanzibar acting in conjunction with the Cabinet Ministers thereof ratifying the said Articles and providing for the Government of the United Republic and of Zanzibar in accordance therewith, the said Republics shall be united in one Sovereign Republic: NOW THEREFORE BE IT ENACTED by the Parliament of Tanganyika: 265 Ratification Law passed by Tanganyika Parliament I ASSENT, J. K. NYERERE, President 25TH APRIL, 1964 1. This Act may be cited as the Union of Tanganyika and ZanzibarAct, 1964, and thisAct and the Law of Zanzibar entitled the Union of Zanzibar and Tanganyika Law, 1964, may be together cited as the Acts of Union of Tanganyika and Zanzibar. 2. In this Act, unless the context otherwise requires:- “existing law” means the written and unwritten law as it exists immediately before the Union Day (including a law enacted or made by any enactment or instrument passed or made before, and coming into operation after, that day), but does not include the Constitution of Tanganyika insofar as it provides for the government of the Republic of Tanganyika or any declaration or law, or any provision thereof, which expires with effect from the commencement of the interim Constitution; “the interim Constitution” means The constitution declared by section 5 to be the Constitution by which the United Republic is to be governed during the interim period, as from time to time modified or amended; “the interim period” means the period commencing on Union Day and expiring immediately before the commencement of a Constitution adopted by a Constituent Assembly in accordance with section 9; “Union Day” means the day following the day on which the Acts of Union of Tanganyika and Zanzibar are enacted or, if they are enacted on different days, the day following the day of the latter enactment. 3. The Articles of Union between the Government of the People’s Republic of Zanzibar and the Republic of Tanganyika (which Articles are set out in the Schedule to this Act) are hereby approved and ratified. 4. The People’s Republic of Zanzibar and the Republic of Tanganyika shall, upon Union Day and forever 266 Appendix Short title G.N. 1964 No. 234. Interpretation Ratification of Articles of Union Declaration of the United Republic after, be united into one Sovereign Republic by the name of the United Republic of Tanganyika and Zanzibar. 5. (1) Subject to the provisions of this section and to any Act of the Parliament of the United Republic whereby the provisions of the interim Constitution of the United Republic may be altered, the United Republic shall be governed during the interim period in accordance with the provisions of the Constitution of the Republic of Tanganyika as so modified as to provide– (a) for the reservation to the Parliament and Executive of the United Republic of the following matters:i ) The Constitution and government of the United Republic; ii) External Affairs; iii) Defence; iv) Police; v) Emergency Powers; vi) Citizenship; vii) Immigration; viii) External trade and borrowing; ix) the Public Service of the United Republic; x) Income tax, corporation tax, customs and excise duties; xi) Harbours, civil aviation, posts and telegraphs. And for the exclusive authority of the said Parliament and Executive in such matters throughout and for the United Republic and in all other matters in and for Tanganyika; (b) for a separate Legislature and Executive for Zanzibar constituted in accordance with the existing law of Zanzibar (or as so varied or replaced from time to time in accordance with such existing law), and for the exclusive author267 Appendix Interim Constitution of the United Republic Tanganyika C.A. Act 1...