Did CCM expulsion immediately end Nchimbi’s Vice President title? Lawyers divided.

“I am fully convinced that the President desires changes, hence my decision to fulfil my pledge,” he said.

Chief Secretary Ambassador Moses Kusiluka later announced that President Hassan had received and accepted the resignation.

“President Samia has received the resignation letter from the Vice President of the United Republic of Tanzania, Ambassador Dr Emmanuel Nchimbi, effective September 4, 2026. Her Excellency the President has approved the request,” he said.

However, on August 26, CCM announced that it had expelled Dr Nchimbi from the party and endorsed Energy Minister Deogratius Ndejembi as its nominee for Vice President.

CCM Secretary-General Dr Asha-Rose Migiro said the party had considered disciplinary and ethical matters involving Dr Nchimbi and found that he had violated its constitution and regulations.

pppppp “We therefore wish to inform all CCM members and the public that, from this moment, he has been expelled from the party and is no longer a member,” she said.

The decision has raised a constitutional question: did Dr Nchimbi cease to be Vice President immediately after losing CCM membership on August 26, or did he remain in office until September 4, the date stated in his resignation letter and accepted by the President?

Head of the Advocacy Department at the Tanzania Human Rights Defenders Coalition (THRDC), Advocate Paul Kisabo, argues that Dr Nchimbi remained in office.

He said Article 47(4)(c) sets out qualifications for becoming Vice President, including being a member of, and a candidate nominated by, a political party. However, Article 50 sets out circumstances in which the Vice Presidency ends, including resignation.

 “The Constitution has not expressly stated that if the Vice President ceases to be a member of a political party, he also ceases to be Vice President,” he said.

Advocate Kisabo also referred to Article 149(2), which provides for resignation through written notice and allows the person resigning to specify the date on which it takes effect.

He said Dr Nchimbi’s notice clearly stated September 4 as the effective date, meaning his resignation had not taken effect when CCM expelled him.

 “Therefore, in my view, he is still the Vice President under the Constitution because it has clearly provided that the office ends upon resignation, and Article 149(2) recognises the date specified in a written resignation,” he said.

Lawyer Peter Majanjara takes the opposite view. He argues that party membership under Article 47(4)(c) is a constitutional requirement for holding the office.

“If he has ceased to be a member of the political party through expulsion, then he no longer meets the constitutional qualifications to be Vice President, so his tenure ends there,” Mr Majanjara said.

“His resignation letter no longer has effect, and the date he ceased to be Vice President is August 26, not September 4 as stated in his letter,” he said.

Legal and Human Rights Centre (LHRC) Executive Director Dr Anna Henga also supports this interpretation.

She said Article 47 requires a Vice President to meet specific qualifications, including being a Tanzanian citizen by birth, being at least 40 years old, being a member of a political party and being nominated by that party.

“Because the party that nominated him has expelled him, he cannot continue to be Vice President,” Dr Henga said.

University of Dar es Salaam law lecturer Dr Onesmo Kyauke said the dispute raised questions about the legal consequences of losing party membership before a resignation takes effect.

“It’s a gap because our Constitution does not clearly address this situation, which is why there is debate. Now that he has been expelled, the question is whether he automatically loses the positions he held,” Dr Kyauke said.