POLITICAL PARTIES - RIGHTS AND PRIVILEGES AND MEETINGS OF
1. (a) The activities, rights and privileges of Political Parties in Tanzania are regulated by the Constitutions of the United Republic of Tanzania 1977, Cap. 2 R. E. 2002 as amended and the Constitution of Zanzibar of 1984 as well as the provisions of the Political Parties Act, Cap. 258 R.E. 2002, National Elections Act, Cap. 343 R.E. 2002, Local Government (Elections) Act, Cap.292 R.E. 2002 and the Police Force and Auxiliary Services Act, Cap. 322 R.E. 2002 among other laws.
(b) In particular, officers in charge of areas where political parties carry their activities are required to ensure law and order prevails but without interfering with genuine and lawful activities of political parties.
(c) To ensure smooth activities of political parties in Regions and Districts, Regional Police Commanders and O/C Districts shall be responsible for the regulation of political parties' assemblies and processions in their respective areas of jurisdiction in accordance with the Political Parties Act, Cap. 258 R.E. 2002. This takes into account the fact that every party which has been provisionally or fully registered is entitled to:–
(i) hold and address public meetings in any area in the United Republic after giving notification to the police officer in charge of the area concerned for purposes of publicising itself and soliciting for membership;
(ii) the protection and assistance of the security agencies for the purposes of facilitating peaceful and orderly meetings.
2 (a) Where a procession proposed to be organised by a Political Party extends to more than one District in a region, the issue whether a permit should be granted or not shall be resolved between the Officers in Command of the Districts to be affected in consultation with the Regional Police Commander. Otherwise the relevant O/C District shall have powers to grant or refuse permit to organise a procession in his District in accordance with the provisions of the Political Parties Act, Cap 258 R.E. 2002.
(b) O/C District should not allow a political party with a provisional registration to campaign for any candidate in any parliamentary or presidential election or in a local authority election as such parties are ineligible to do so.
3. Notwithstanding any other written law to the contrary sections 43, 44, 45 and 46 of the Police Force and Auxiliary Services Act, Cap. 322 (refer to Appendix A to this Order) shall apply and have effect as to all meetings to be held in any part of the United Republic by any political party whether provisionally or fully registered.
4. O/C District shall ensure that a political party does not hold a meeting or procession in any open public place in any area unless a written notification of not less than forty eight hours before the meeting is submitted of its impending meeting to the police officer in charge of the area in which the meeting is to take place.
5. O/C District should ensure that the written notification referred to in paragraph (4) above specifies in the minimum:–
(a) the name of the political party submitting the notification;
(b) the place in and time at which the meeting is to take place;
(c) the agenda or general purpose of the meeting.
6. O/C District must be aware that the Minister for Public Security and Safety may from time to time by notice published in the Gazette specify other particulars to be provided by a party in the notification. These particulars once issued should also be observed by political parties.
7. Where a political party submits a notification in accordance with para 4 above it may proceed to hold the meeting in question as scheduled unless and until it receives an order from the police officer in charge of the area directing that the meeting be not held as notified.
8. An O/C District to whom a notification is submitted pursuant to para 4 shall not give a stop order under paragraph 7 in relation to the notification unless he is satisfied that–
(a) a previous notification has been submitted by another political party or other persons for holding a meeting or other function or procession in the same place at the same time as is intended by the notifier;
(b) the meeting or procession is intended to execute, or to be used for, a purpose contrary to the laws of the land;
(c) the meeting is likely or intended to cause a breach of the peace or to prejudice the public safety in the area;
(d) the political party or group of persons giving the notification is not a registered political party or body of persons or the person submitting the notification is not appropriately identified as an authorised representative of the political party concerned.
(e) the holding or continuance of any assembly or procession in a public place is otherwise than in accordance with the notification issued or in regard to which any particular specified by the Minister has been or is being contravened.
9. (a) A stop order given under paragraph 8 shall be in writing and in such form as is able to easily disclose the reasons for its issuance and state whether or not the political party concerned may hold the meeting at the venue at another time or date convenient to it in the same area.
(b) A stop order should be issued as a matter of last resort and that O/C Districts should not interfere with political activities of a political party unless there are legitimate and compelling reasons to do so.