The Legislative Process in Tanzania Bill Defined: Fact Sheet No. 1

FACT SHEET NO.
1
THE LEGISLATIVE PROCESS IN TANZANIA
BILL DEFINED
A Bill in its ordinary meaning simply means a new law in the making. But in
its Parliamentary meaning, it means a draft of a proposed Act of Parliament
which, when passed by the National Assembly and assented to by the
President, becomes the law of the land. It may be introduced in the House by
a Government, Minister or by a Private Member.
This means that there are two types of Bills, namely Government Bills which
are introduced into the Assembly by a Minister or Attorney-General, and
Private Members Bills which are introduced into the Assembly by

a Member of Parliament who is not a Minister or the Attorney-General.
Before a Government Bill is introduced into the Assembly, it goes through a

lengthy process of consultation and decision-making at Ministerial level,
Permanent Secretaries level and finally the Cabinet.
PUBLICATION OF BILLS
After the Bill has been approved by the Cabinet, (in the case of government
bills) it is published in the official Gazette with a statement of its objects and
reasons, signed by the Minister responsible for introducing the bill in the
National Assembly. It must be published in at least two issues of the gazette
at intervals of not less than seven clear days. The first publication of a Bill
must contain its full text, and must be published at least twenty-one days
before it is introduced in the National Assembly for first reading.
The second publication of the Bill is deemed to have been made by the
insertion of a notice in the Gazette naming the title of the Bill, plus the number
and date of the Gazette in which it was first published.
BILL UNDER CERTIFICATE OF URGENCY

The above mentioned procedure for publication may be dispensed with in
respect of a government bill, if a certificate under the hand of the President is
laid on the table of the Assembly by a Minister or Attorney-General stating
that the relevant Bill is of such an unusually urgent nature that time does not
permit compliance with the prescribed procedure.
PRIVATE MEMBERS BILL
As already mentioned, any Member of Parliament who is not a Minister may
introduce a Bill into the Assembly. Such bill is known as a private members
bill
A member desiring to do so notifies the Clerk of the National Assembly of his

intention and submits the name of his Bill and describes fully the objects and
reasons of the Bill.
As far as printing and publication is concerned, the
procedure is exactly the same as for government bills.

FIRST READING
The first reading stage of any bill is done by the Clerk at the Table reading the
long title of the Bill before the Assembly. At this stage no discussion takes
place, instead, the Speaker refers the Bill to the appropriate Standing
Committee for consideration.
The appropriate Standing Committee has no power to amend a Bill referred to

it but may request the Minister responsible for the Bill to introduce
amendment to the Bill in the Assembly.
SECOND READING
After the Chairman of the appropriate Standing Committee has reported to
the Speaker that his Committee has concluded its consideration of the Bill, the
Speaker orders the Bill to be entered on the Order Paper ready for the Second
Reading.
At this stage, the Minister in charge of the Bill moves a motion that the
Bill be now read for the second time, gives detailed explanations to the
Assembly before the Members start debating. The proposals contained
therein.
The Ministers speech is followed by a statement of the Chairman of the

appropriate Standing Committee, which considered the Bill who outlines the
views of the Committee regarding that bill.
The official spokesman for the opposition then takes the floor to give the
views of the official Opposition regarding the Bill. This is followed by a
general debate by the Members regarding the merits or otherwise of the bill.
COMMITTEE OF THE WHOLE HOUSE

On completion of the general debate, the Assembly immediately resolves
itself into a Committee of the whole House. The Clerk calls the number of
each clause in succession together with any amendments which may have
been made by the Minister in charge on the Bill. The Presiding Officer (who at
this stage is designated Chairman, not Speaker) puts the question that the
Clause (or the clause as amended) be approved.
THIRD READING AND PASSING OF THE BILL
When the clauses of the Bill have been dealt with, the Assembly resumes and
the speaker returns to the Chair at the conclusion of the proceedings in the
Committee of the whole House. The Minister in-charge of the Bill then reports
to the Assembly that the Committee has considered the Bill, Clause by clause
and approved the same. Thereafter he requests the Assembly to concur with
the findings of the Committee. At this stage the Assembly votes, and if the
majority of the MPs give their consent then the Bill has been passed by the
House. If the majority of MPs say No then the Bill has been rejected by the
Assembly.
ASSENT TO BILLS
When a Bill has been passed by the Assembly, a printed copy of the Bill is
submitted by the Clerk of the National Assembly to the President for his
assent or other order if the bill is assented to then it becomes an Act of
Parliament.
WITHHOLD OF ASSENT
In case the President withholds his assent to the Bill, he must return it to the
Assembly together with a statement of his reasons for withholding his assent
to the Bill. After the Bill is returned to the Assembly, it shall not be presented
again to the President for his assent before the expiration of six months since
it was so returned. In order for it to be presented again to the President, it
must be supported by the votes of not less than two-thirds of all the Members
of the Assembly..
If the Bill which was returned to the Assembly by the President, is passed
again by the Assembly with the support of not less than two-thirds of all the
Members of the Assembly, and is presented a second time to the President for
his assent then the President is obliged to assent to the Bill within twenty one
days of its being presented to him, otherwise he must dissolve Parliament and
call for a new general election.

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FACT SHEET NO.

Private Members Bills which are introduced into the Assembly by

Before a Government Bill is introduced into the Assembly, it goes through a

BILL UNDER CERTIFICATE OF URGENCY

A member desiring to do so notifies the Clerk of the National Assembly of his

As far as printing and publication is concerned, the

procedure is exactly the same as for government bills.

The appropriate Standing Committee has no power to amend a Bill referred to

The Ministers speech is followed by a statement of the Chairman of the

COMMITTEE OF THE WHOLE HOUSE

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