DODOMA: ATTORNEY General, Hamza Johari yesterday explained the legal procedures followed in filling the vacant position of Vice-President, saying the appointment of Deogratius Ndejembi adhered to the Constitution of the United Republic of Tanzania, 1977. The AG gave the explanation in the National Assembly in Dodoma after the National Assembly endorsed Mr Ndejembi as Vice-President … The post AG clarifies legality of VP replacement appeared first on Daily News .
DODOMA: ATTORNEY General, Hamza Johari yesterday explained the legal procedures followed in filling the vacant position of Vice-President, saying the appointment of Deogratius Ndejembi adhered to the Constitution of the United Republic of Tanzania, 1977.
The AG gave the explanation in the National Assembly in Dodoma after the National Assembly endorsed Mr Ndejembi as Vice-President following Ambassador Emmanuel Nchimbi’s resignation from the position. Contributing to a motion seeking parliamentary approval of Mr Ndejembi’s appointment, Mr Johari said the process complied with the Constitution and other laws of the country.
The nomination was submitted to the National Assembly by President Samia Suluhu Hassan through Ambassador Ali Jabir Mwadini, accompanied by the Military Aide-de-Camp.
Explaining the legal position, the Attorney General said the effective date of a resignation is the date on which the resignation letter is received or another date specified in the letter. He said it was therefore important to establish whether a resignation takes immediate effect or whether the office holder continues to serve until a date specified in the letter.
Mr Johari cited Article 50(4) of the Constitution, which provides for the procedure to fill the office of VicePresident when it becomes vacant.
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He said the provision requires the President, within 14 days after the office becomes vacant through removal, death or resignation, to appoint a successor whose appointment must subsequently be confirmed by the National Assembly through a majority vote.
Addressing arguments raised by lawyers and legal experts, Mr Johari said constitutional provisions should not be interpreted in isolation. He referred to the principle of “harmonious construction”, under which different provisions of the Constitution must be read together to ensure consistency.
According to him, Article 47(4) sets out the qualifications required of a person seeking to contest for or hold the office of Vice-President. Mr Johari said they include being a citizen of the United Republic of Tanzania, being at least 40 years old, being a member of a political party and meeting other qualifications prescribed by the Constitution.
“The Constitution does not use the word ‘contest’ alone; it says ‘contest for or hold’. Therefore, even a person appointed by the President to hold the office of Vice-President when the position becomes vacant must meet those qualifications,” he explained. He said Article 50(4) could not be interpreted separately from Article 47, warning that such an approach could produce unreasonable results.
“If we say a person appointed under Article 50(4) does not have to meet these qualifications simply because they are not repeated in that provision, we would arrive at an unreasonable interpretation,” he said.
Mr Johari said the Constitution must be interpreted as a whole to establish the qualifications and procedures governing the appointment of a Vice-President. He added that the Constitution recognises various circumstances under which the office may become vacant and provides mechanisms for ensuring continuity in national leadership.
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