The Government of Tanzania has clarified the legality of recent Presidential appointments and the transition of three Members of the East African Legislative Assembly (EALA) to the National Assembly, saying the process fully complies with both national and regional laws.
In a statement issued on April 2, 2026, the government said the appointment of Members of Parliament by the President was done in accordance with Article 66(1)(e) of the Constitution of the United Republic of Tanzania.
Officials stressed that the move followed all required legal procedures and did not violate any existing laws.
The clarification comes after concerns were raised by the Legal and Human Rights Centre (LHRC), which questioned whether the appointments created a legal conflict between Tanzania’s Constitution and the East African Community (EAC) Treaty.
Responding to the concerns, the government explained that under Article 51(3)(c) of the EAC Treaty, any member of EALA automatically loses their seat if they are appointed or elected to a national parliament.
Based on this provision, Angela Kizigha, Dr. Ngwaru Maghembe, and Hon. James Millya ceased to be EALA members immediately after their appointment to the Tanzanian Parliament.
The government further noted that once such vacancies occur, the National Assembly is required under Articles 50 and 52 of the EAC Treaty to begin the process of filling the vacant seats.
It explained that the process starts at the political party level before final selection, in line with regional democratic procedures.
Officials maintained that there is no contradiction between Tanzania’s Constitution and the EAC Treaty, stating that both legal frameworks complement each other and guide the appointment and transition process.
The government urged the public to rely on official legal interpretation, saying the appointments and subsequent changes in EALA membership were lawful and properly executed within both national and regional requirements.
The statement was signed by Gerson Msigwa, Permanent Secretary in the Ministry of Information, Youth, Culture, and Sports.
