Unguja, Proclamation of Succession

Proclamation of Succession, 1959

• In the name of Allah, the Compassionate, the Merciful, praise be to Allah, the Lord of the Universe, and may the benediction and peace of Allah be upon our Sultan ? and upon all his relations and friends.
• Whereas it is desirable to regulate the succession to the throne, the exercise of the State functions and also other matters affecting His Majesty and his family,
• And whereas we have proclaimed the Constitution of the Sultanate of Unguja and the Swahili Provinces,
• Now, therefore, We by the rights and powers of Our prerogatives as the Sultan of Unguja and the Swahili Provinces, do hereby proclaim in Our Name and on Our behalf and for and on behalf Our successors as hereinafter follows*

Part I - Preliminary

• §1. In this Proclamation, unless the context otherwise requires*
  • "His Majesty the Sultan" means either a male or a female sovereign of the Sultanate of Unguja and the Swahili Provinces;
  • "Wife of His Majesty the Sultan" means either a lawful wife or husband of the reigning sovereign according to the Swahili Custom; provided that no wife or husband shall be or deemed to be a wife or husband of His Majesty the Sultan unless he or she professes the Islamic Faith and His Majesty the Sultan has, by Proclamation published in the Gazette, proclaimed him or her as the wife of His Majesty the Sultan
  • "Council of Succession" means the Council of Succession appointed under paragraph 7;
  • "Council of Ministers" means the Council of Ministers established by the Constitution in Article 43;
  • "Government" means the Government of His Majesty the Sultan;
  • "Heir Presumptive" means the person who, if His Majesty the Sultan were to die immediately, would have the best claim to succeed to the throne but whose claim might be displaced by the emergence of a person with a better claim;
  • "Islamic Faith" means the Islamic Faith according to the Shia sect of the Twelve Imams;
  • "Minister" means a person appointed as such under the Constitution;
  • "Privy Council" means the Privy Council established by the Constitution;

Part II - The Succession

• §2. It is hereby declared that His Majesty Sultan ? is the lawful Sultan of the Sultanate of Unguja and the Swahili Provinces.
• §3. It is hereby declared that ? is the lawful Successor to the throne of the Sultanate of Unguja and the Swahili Provinces, provided that His Majesty the Sultan may from time to time, by Proclamation published in the Gazette, proclaim another person to be the only lawful Successor to the throne of the Sultanate of Unguja and the Swahili Provinces; the person whose right to succeed has been revoked by the later Proclamation shall forthwith cease to be entitled to the title of Sheikh and the title shall forthwith pass to such person so proclaimed in the later Proclamation.
• §4. In the event that His Majesty Sultan ? ceases to occupy the throne of the Sultanate of Unguja and the Swahili Provinces, the succession thereto is hereby vested in the lawful Heirs of the body of His Majesty ?.
• §5. No person shall be considered a lawful Heir or a lawful Successor unless he professes the Islamic Faith and is a lawfully begotten descendant in the line of the common ancestor.
• §6. The following rules shall apply for ascertaining who, among the lineal descendants of the immediate ancestor, shall be his lawful Heir*
  • (a). The eldest living son shall be considered the lawful Heir and the lawful Successor.
  • (b). In default of sons, the eldest living daughter shall be considered the lawful Heir and the lawful Successor.
  • (c). In default of children, the succession shall pass to the next oldest living brother of the deceased Sultan.
  • (d). In default of brothers, the succession shall pass to the next oldest living sister of the deceased Sultan.
  • (e). In default of sisters, the succession shall pass to the next oldest living descendant of the common ancestor, keeping in mind §4.

Part III. The Council of Succession

• §7. There is hereby established the Council of Succession (Baraza la Mfululizo) of the Sultanate of Unguja and the Swahili Provinces.
• §8. The Council of Succession shall consist of
  • (a) such Members of the Council of Ministers (Baraza la Mawaziri) as may be appointed by His Majesty the Sultan;
  • (c) such Members of the Religious Council (Baraza la Mwenyekiti Dini) as may be appointed by His Majesty the Sultan;
  • (c) such persons of distinction (Mtu wa Tofauti) as may be appointed by His Majesty the Sultan;
  • (d) but no less than twelve Members.
• §9. Every member of the Council of Succession shall hold his office during His Majesty the Sultan's pleasure.
• §10. His Majesty the Sultan shall appoint Waziris to be President of the Council of Succession and Vice President who, in the absence or inability or unwillingness to act of the President, shall discharge the function of the President under this Proclamation or otherwise.
• §11. In the exercise of its functions the Council of Succession shall observe the following rules of procedure*
  • (a) no business shall be transacted by the Council unless such quorum as is provided for in paragraph (b) is present at the time when the Council proceeds to business;
  • (b) one half of the Members of the Council of Succession shall form a quorum if no less than four of the Members of the Council of Ministers and no less than three of the Members of the Religious Council are among those Members present;
  • (c) no decision of the Council of Succession shall be valid and binding unless at least two-thirds of the Members present shall agree thereto, and such decision shall not be subject to any review by or appeal to any court;
  • (d) the President, or any other Member of the Council presiding in his absence, may vote on any question;
  • (e) no person other than a Member shall be present at any meeting of the Council of Succession;
  • (f) the President may adjourn any meeting of the Council of Succession from time to time but a meeting once begun shall continue until a decision of the Council of Succession has been made;
  • (g) minutes of the proceedings at each meeting of the Council of Succession shall be kept in writing, in both Swahili and Mandarin, by the Secretary appointed from the Members at the beginning of the meeting;
  • (h) a record of every decision of the Council of Succession shall be made in writing by the Secretary and shall be signed by the President (or Vice President if presiding), whose signature shall be witnessed as hereinafter provided; and
  • (i) every decision of the Council of Succession shall be noted in the Gazette.
• §12. The President’s (or Vice President's) signature shall be witnessed by two Members of the Council of Ministers appointed as Members of the Council of Succession and present at the meeting of the Council of Succession concerned.
• §13. Whenever the throne becomes vacant owing to the death or abdication of His Majesty the Sultan, or by reason of an event declared by this Proclamation to have the same effect as the execution of a valid Instrument of Abdication, the President shall, by notice in writing to each Member stating the time and place of the meeting, forthwith convene the Council of Succession, and it shall be the duty of each Member, unless his absence is excused for any cause which the President may deem good and sufficient, to attend accordingly.
• §14. Even if no notice has been issued under this subsection, it shall nevertheless be the duty of every Member of the Council of Succession who has been informed of the death or abdication of His Majesty the Sultan or other event as aforesaid to assemble forthwith at such place as the Privy Council may from time to time declare to be the appropriate meeting place on such an occasion.
• §15. If, at the expiration of 48 hours after such death, abdication or other event as aforesaid, a meeting has not been lawfully convened under this subsection and a quorum of the Council of Succession is present at such place, the Council of Succession shall be deemed to have lawfully assembled and may proceed to appoint a temporary President from among the Members there present and to transact all such business as is mentioned in paragraphs 12 and 13.
• §16. At any such meeting, if a Successor has already been proclaimed, the Council of Succession shall not examine any other claim or make any inquiry required by paragraph 13 and shall confirm the succession so proclaimed or declared.
• §17. Unless it has been resolved in terms of paragraph 12, the Council of Succession shall without delay proceed to examine and announce its decision on any claim to the throne without waiting to see whether the claim of any Heir Presumptive (Mrithi Mgombezi) will be displaced by any prospective birth; and shall also make full and complete inquiry as to whether any person it accepts as the Heir (Mrithi) has any such great and serious defect derogatory to the quality of a Sultan such as infirmity, blindness or dumbness, or has any such base quality on account of which he should not be approved as Sultan.
• §18. If in any case approval or confirmation is withheld, the Council of Succession shall continue to proceed under the powers conferred by this subsection until an Heir has been ascertained who can lawfully succeed to the throne of the Sultanate of Unguja and the Swahili Provinces.
• §19. The Council of Succession shall, by Proclamation in the name of the lawful Successor, proclaim his accession in the customary manner.

Part IV. Wrongful Assumption of Title of the Sultan’s Successor

• §20. Any person who, not having been duly proclaimed or determined in accordance with paragraphs 12, 13, or 14, to be His Majesty the Sultan ’s Successor or whose right to succeed has been revoked by His Majesty the Sultan under paragraph 2, claims or uses, or permits others to use in his regard, the title of Sheikh may, if His Majesty the Sultan or, if there is a Regency, if the Council of Regency, so directs, be required formally to renounce such claim or use in the presence of the Privy Council; His Majesty the Sultan may deprive the offender of any title, rank, dignity, decoration or precedence connected with the Sultanate of Unguja and the Swahili Provinces which the offender may in fact enjoy, and of any maintenance or other allowance payable to the offender by the Sultanate of Unguja and the Swahili Provinces. Right to the succession is to be forfeited and privileges may cease in certain circumstances.

Part V. Criminal Offense of a Potential Heir

• §21. If any potential Heir to the throne of the Sultanate of Unguja and the Swahili Provinces is convicted of a criminal offense, and such conviction is not set aside on appeal or revision, then, in addition to any punishment prescribed for the offence, he, but not his issue shall, unless His Majesty the Sultan shall otherwise determine, forfeit any right whatsoever to succeed to the throne of the Sultanate of Unguja and the Swahili Provinces.
• §22. Such rights and privileges as he may have received or been entitled to from the Sultanate of Unguja and the Swahili Provinces, including any title, rank, dignity, decoration or precedence, and any claim to maintenance or other allowance, shall, unless His Majesty the Sultan shall otherwise determine, cease and be at the disposal of the Sultanate of Unguja and the Swahili Provinces. In this Part V, the expression "His Majesty the Sultan" includes a Council of Regency.
• §23. Whoever, being a potential Heir, does, or conspires or attempts to do, any act or thing against any other lawful Heir, or incites or procures another to do any such act or thing, with intent that he or another may succeed to the throne of the Sultanate of Unguja and the Swahili Provinces or be in a better position to succeed thereto by reason by such act or thing or the effect thereof, shall be guilty of an offence. Depending on the heinousness of the act or attempted act the penalty shall death or imprisonment for 15 years, or a fine, or both such imprisonment and a fine.