Constitution of the United Republic of Tanzania 1977, as amended to 2005
Limitations and/or Derogations
  • English
    ...
    (5) In order that all persons may benefit from the rights and freedoms guaranteed by this Constitution, every person has the duty to so conduct himself and his affairs in the manner that does not infringe upon the rights and freedoms of others or the public interest. (Art. 29)
Limitations and/or Derogations
  • English
    (1) The human rights and freedoms, the principles of which are set out in this Constitution, shall not be exercised by a person in a manner that causes interference with or curtailment of the rights and freedoms of other persons or of the public interest.
    (2) It is hereby declared that the provisions contained in this Part4 of this Constitution which set out the principles of rights, freedom and duties, does not render unlawful any existing law or prohibit the enactment of any law or the doing of any lawful act in accordance with such law for the purposes of
     (a) ensuring that the rights and freedoms of other people or of the interests of the public are not prejudiced by the wrongful exercise of the freedoms and rights of individuals;
    (b) ensuring the defence, public safety, public peace, public morality, public health, rural and urban development planning, the exploitation and utilization of minerals or the increase and development of property of any other interests for the purposes of enhancing the public benefit;
    (c) ensuring the execution of a judgment or order of a court given or made in any civil or criminal matter;
    (d) protecting the reputation, rights and freedoms of others or the privacy of persons involved in any court proceedings, prohibiting the disclosure of confidential information or safeguarding the dignity, authority and independence of the courts;
    (e) imposing restrictions, supervising and controlling the formation, management and activities of private societies and organizations in the country; or
    (f) enabling any other thing to be done which promotes or preserves the national interest in general.
    … (Art. 30)
Limitations and/or Derogations
  • English
    (1) Apart from the provisions of Article 30(2), any law enacted by Parliament shall not be void for the reason only that it enables measures to be taken during a state of emergency or in normal times in relation to persons who are believed to engage in activities which endanger or prejudice the security of the nation, which measures derogate from the provisions of Articles 14 and 15 of this Constitution.
    (2) It is hereby prohibited to take any of the measures referred to in subarticle (1) of this Article in pursuance of any law during a state of emergency or in normal times in relation to any person, save only to the extent that they are necessary and justifiable for dealing with the situation that exists during the state of emergency, or in normal times dealing with the situation created by the conduct of the person concerned.
    (3) It is hereby declared that the provisions of this Article shall not authorize the deprivation of a person’s right to live save only for deaths resulting from acts of war.
    (4) In this Article and the following Articles of this Part, “state of emergency” means any period during which the Proclamation of State of Emergency made by the President in the exercise of the powers conferred on him by Article 32, is in force. (Art. 31)
Links to all sites last visited 27 March 2024
2
Part III on Basic Rights and Duties.
3
Part III on Basic Rights and Duties.
4
Part III on Basic Rights and Duties.