TANZANIA LEGAL

SYSTEM

TANZANIAUnited Republic of Tanzania

Jamhuri Ya Muungano wa Tanzania  (Swahili)

Motto :  Uhuru na Umoja" (Swahili) "Freedom and Unity“Capital : DodomaLargest city : Dar es SalaamOfficial languages : Swahili & EnglishGovernment : Unitary presidential republic

President : John Pombe Magufulli

Prime Minister : Kassim Majaliwa

Speaker : Job Ndugai

Chief Justice : Mohammed Othman

Tanzania  officially the United Republic of Tanzania (Swahili: Jamhuri ya Muungano wa Tanzania), is a large country in Eastern Africa within the African Great Lakes region. Parts of the country are in Southern Africa. Tanzania's population of 51.82 million (2014) is diverse, composed of several ethnic, linguistic and religious groups. Tanzania is a presidential constitutional republic, It is bordered by Kenyaand Uganda to the north; Rwanda, Burundi, and the Democratic Republic of the Congo to the west; Zambia, Malawi, andMozambique to the south; and by the Indian Ocean to the east.

Tanzania is the 13th largest country in Africa and the 31st largest in the world, ranked between the larger Egypt and smaller Nigeria.The name "Tanzania" was created as a clipped compound of the names of the two states that unified to create the country:Tanganyika and Zanzibar.The name "Tanganyika" is derived from the Swahili words tanga ("sail") and nyika ("uninhabited plain", "wilderness"), creating the phrase "sail in the wilderness". It is sometimes understood as a reference to Lake Tanganyika.

INTRODUCTION The United Republic of Tanzania is made up of Tanzania Zanzibar and the

Mainland. The Republic of Tanganyika and the Peoples’ Republic of Zanzibar entered into

a union on 26th April 1964 to form the United Republic of Tanganyika and Zanzibar, which was later renamed on 29th October the United Republic of Tanzania.

Tanzanian’s legal system is governed by the Common Law system since its introduction by the Tanganyika Order in Council of 1920. The system is however customized with some exceptions and modifications to suit the local circumstances. This system traces its historical background mostly from the British rule administration during colonial period.

Being a British protectorate Tanzania’s law (by then Tanganyika) was imported into Tanganyika via India by the British administration, where it had been long established. As such, the basic structure of the present legal system is influenced by the English legal system structure and it is much the same from when it was first introduced into the territory in the early 1920’s.

To date Tanzanian’s legal system remain fundamental an adversarial legal system.The Constitution of the United Republic of Tanzania 1977 provides in its preamble that Tanzania aims at ,

‘building a democratic society founded on the principles of freedom, justice, fraternity and

concord’. This preamble requires the Executive to be accountable to the people. In the same way, the legislature is supposed to be accountable to the people since it represents them. To ensure equality before the law the Judiciary is independent to dispense justice without fear or favor to anybody. As such, Article 4 of the Constitution of the United Republic of Tanzania, 1977, provides for three organs of the Government i.e. Parliament, the Executive and the Judiciary.

Sources of Law The Constitution

Statutes

Case Law

Received Laws

Customary and Islamic Law

International Law (Treaties and Conventions)

1. The ConstitutionThe Constitution of Tanzania, formally Constitution of the United Republic of Tanzania and also known as Permanent Constitution or Fourth Constitution of Tanzania, was ratified in 1977. Before the current establishment, Tanzania has had three constitutions: the Independence Constitution (1961), the Republican Constitution (1962), and the Interim Constitution of the United Republic of Tanganyika and Zanzibar (1964).

the Independence Constitution (1961)

the Republican Constitution (1962)

the Interim Constitution of the United Republic of Tanganyika and Zanzibar (1964).

Constitution of the United Republic of Tanzania (1977)

Unlike the unwritten British constitutional system, the first source of law for the United Republic of Tanzania is the 1977 Constitution. The constitutional history of Tanganyika traces its background from the 1961 Independence Constitution, which was adopted at the time of independence.

In 1962 Tanganyika adopted the Republican Constitution, which operated from 1962 up to 1965. These two were based on the traditional Lancaster style constitutions negotiated at independence by the British upon handover of state power to newly independent states.

In 1965 Tanganyika adopted an Interim Constitution while the country awaited a new constitution to be drafted, after it abolished the multi party political system and adopted a one party state system.

The process lingered longer than it was meant to and thus the constitution lasted from 1965 up to 1977 when a new constitution was adopted and it has remained applicable to date, with fourteen subsequent amendments.

2. StatutesThe second source of law is the Statutes or Acts of Parliament. The Laws Revisions Act of 1994 Chapter Four of the laws of Tanzania [R.E. 2002,] established that all legislations previously known as Ordinances, i.e. those which were enacted by the pre independence colonial administration, as Orders in Council, can now be legally recognized as Acts. These principal legislations, and subsidiary legislations thereto, are published in the Government Gazette and printed by the Tanzania Government Printers.

The third source is case law. These are cases from the High Court and Court of Appeal which are either reported or unreported and are be used as precedents, and bind lower courts thereto.

3. Case Law

The fourth source is Received Laws established under Section 2.3 of The Judicature and Application Laws Act, Chapter 358 of the Laws of Tanzania [R.E. 2002] (JALA) these include: Common Law, and Doctrine of Equity, Statutes of General Application of England, applicable before the 22 of July 1920, which is deemed to be the Reception date for English Law in Tanzania.

4.Received Laws

The fifth source is the Customary and Islamic law, which are established under section 9 of JALA. Whereby customary law is in effect only when it does not conflict with statutory law whilst Islamic law is applicable to Muslims under the Judicature and Applications of Laws Act, empowering courts to apply Islamic law to matters of succession in communities that generally follow Islamic law in matters of personal status and inheritance.

5. Customary and Islamic Law

International Laws, that is, Treaties and Conventions, are not self-executing. The Act of Parliament can apply treaties and conventions to which Tanzania is a party in the Courts in Tanzania only after ratification

6. International Law (Treaties and Conventions)

Government Structure The Executive

The Legislature

The Judiciary Judicial System of Mainland Tanzania Judicial System of the Revolutionary

Government of Zanzibar

The ExecutiveThe Executive of the United Republic comprises of the

President, The Vice-President, President of Zanzibar, the Prime Minister and Cabinet Ministers.

 1. President :• The President of the United Republic of Tanzania is the Head of State, the Head of Government and the Commander-in-Chief of the Armed Forces.• The President is the Leader of the Executive of the United Republic of Tanzania.•5 years of presidential term

John Pombe Joseph Magufuli (born 29 October 1959) is the President of Tanzania, in office since 2015.First elected as a Member of Parliament in 1995, he served in the Cabinet of Tanzania as Deputy Minister of Works from 1995 to 2000, Minister of Works from 2000 to 2006, Minister of Lands and Human Settlement from 2006 to 2008, Minister of Livestock and Fisheries from 2008 to 2010, and as Minister of Works for a second time from 2010 to 2015.

John Pombe Joseph Magufuli 5th President of Tanzania

sworn in on 5 November 2015.

Vice-President of Tanzania is the second highest political position in Tanzania. The Vice President who is the principal assistant to the President in all matters of the United Republic is responsible for: Following up the daily implementation of Union MattersPerforming all duties assigned to him by the PresidentPerforming all duties and functions of the President’s office when the President is out of office or out of the country.

After the union between Tanganyika and the People's Republic of Zanzibar to form the United Republic of Tanzania in 1964, Tanzania had two vice-presidents, First and Second until the creation of a single office in 1995.

2. The Vice-President

Samia Hassan Suluhu

Samia Hassan Suluhu is the vice-president of the united republic of Tanzania. She became Tanzania's first-ever female Vice President. She served as the Member of Parliament forMakunduchi constituency from 2010 to 2015 and has been Minister of State in the Vice President's Office for Union Affairs since 2010. Prior to this, she served as a minister in the semi-autonomous region of Zanzibar in the administration of President Amani Karume.

the vice-president

4. The Prime Minister

The Prime Minister of the United Republic is,

the leader of Government business in the National Assembly

controls supervises and executes daily functions

affairs of the Government of the United Republic

any other matters the President directs to be done.

Kassim Majaliwa Majaliwa is the Prime Minister of Tanzania since 2015.  He has been a Member of Parliament for Ruangwaconstituency since 2010. On 19 November 2015, he was appointed as Prime Minister by President John Magufuli. He is the 10th prime minister of united republic of Tanzania. 

The President of Zanzibar

Ali Mohamed Shein

since 3 November 2010

Kassim Majaliwa10th prime minister of Tanzania.

Since 20 November 2015

5. Cabinet MinistersThe Cabinet of Tanzania is the most senior level of the executive branch of Tanzania and consists of the President, Vice President,President of Zanzibar, Prime Minister and all the Ministers.

Deputy Ministers are not part of the cabinet. The Cabinet of Ministers, which includes the Prime Minister, is appointed by the President from among members of the National Assembly. The Government executes its functions through Ministers led by Cabinet Ministers. 

The legislatureThe Legislature, or the Parliament of the United Republic of Tanzania, consists of two parts, i.e. the President and the National Assembly. The President exercises authority vested in him by the Constitution to assent to bills by Parliament in order to complete the enactment process before they become law. Tanzania Parliament is the Supreme Legislature of the country. It consists of the President of the United Republic and the National Assembly.

It grants money for running the administration of the country and is a very effective instrument for overseeing Government programs and plans.It can also oversee the action of the Executive by being a watchdog to ensure that government is accountable for its administration. The most important function of Parliament is to make laws. The subjects on which Parliament can legislate have been laid down in the Constitution. Parliament is sovereign in the sphere of Legislation. The scheme of our Constitution being a United Republic, the Tanzania parliament that is a Union Parliament exercises autonomous powers in the sphere of both Union and Nonunion Matters which are not under the purview of Zanzibar Government.In view of that Parliament can assume the following roles:

To pass laws for the good governance. To provide, by giving legislative sanction to taxation and acquisition of means to carrying out the work of the government. To scrutinize government policy and administration, including proposal for expenditure; and to debate major issues of the day.

THE FUNCTIONS OF PARLIAMENT

The National Assembly of TanzaniaThe National Assembly of Tanzania (Swahili: Bunge la Tanzania) and the President of the United Republic make up the Parliament of Tanzania.[1] The current Speaker of the National Assembly is Job Ndugai, who presides over a unicameral assembly of 393 members. The National Assembly of Tanzania was formed as the Legislative Council of Tanzania Mainland – then known as Tanganyika – in 1926. The Council was formed under a law enacted by the British Parliament called the Tanganyika Legislative Council Order and Council. The Parliament – the National Assembly and the President of the United Republic - obtains its mandate and functions from Chapter 3 of the Constitution of the United Republic of Tanzania. The Constitution contains Articles that grant for the establishment, composition and functions of the Parliament.

The Parliament has powers to deal with both Union and non-Union issues which are not in the scope of the Zanzibar Government. It is responsible for discussing bills and passing laws. It also scrutinizes the actions of the Executive arm of the Government.

The JUDICIARY

Judicial System of Mainland TanzaniaThe legal system of Tanzania is largely based on common law, as stated previously, but is also accommodates Islamic or customary laws, the latter sources of law being called upon called upon in personal or family matters. The judiciary is formed by the various courts of judicature and is independent of the government. Tanzania adheres to and respects the constitutional principles of separation of powers. The Constitutional makes provision for the establishment of an independent judiciary, and the respect for the principles of the rule of law, human rights and good governance. 

The judiciary (also known as the judicial system or court system) is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes. The judicial system of tanzania is classified int two; Judicial system of mainland tanzania and judicial sysyetm of the revolutionary govt. of tanzibar

The Judiciary in Tanzania can be illustrated as follows. The Judiciary in Tanzania has four tiers: •The Court of Appeal of the United Republic of Tanzania, •the High Courts for Mainland Tanzania and Tanzania Zanzibar, •Magistrates Courts, which are at two levels, i.e. •the Resident Magistrate Courts and the District Court, both of which have concurrent jurisdiction. •Primary Courts are the lowest in the judicial hierarchy.

Court of Appeal

- High Court of Tanzania The High Court of ZanzibarThe Specialized Divisions

Resident Magistrates Courts

District Courts

Primary Courts

The Court of Appeal of Tanzania, established under Article 108 of the Constitution, is the highest Court in the hierarchy of judiciary in Tanzania. It consists of the Chief Justice and other Justices of Appeal. The Court of Appeal of Tanzania is the court of final appeal at the apex of the judiciary in Tanzania. The High Court of Tanzania (for mainland Tanzania) and the High Court of Zanzibar are courts of unlimited original jurisdiction, and appeals there from go to the Court of Appeal.

1. Court of Appeal

The High Court of Tanzania was established under Article 107 of the Constitution and it has unlimited original jurisdiction to entertain all types of cases. The High Courts exercise original jurisdiction on matters of a constitutional nature and have powers to entertain election petitions. The High Court’s Main Registry, (which includes the sub-Registries) caters for all civil and criminal matters. The High Court (mainland Tanzania) has established 10 sub Registries in different zone of the country. It also has two specialised divisions, the Commercial Division and the Land Division. All appeals from subordinate courts go to the High Court of Tanzania.

2. High court

These include the Resident Magistrate Courts and the District Courts, which both enjoy concurrent jurisdiction. These courts are established under the Magistrate Courts Act of 1984. The District Courts, unlike the Resident Magistrates Courts, are found throughout all the districts in Tanzania (the local government unit.) They receive appeals from the Primary Courts, several of which will be found in one district. The resident magistrates Courts are located in major towns, municipalities and cities, which serve as the regional (provincial) headquarters. 

3. Subordinate court

The primary courts are the lowest courts in the hierarchy and are established under the Magistrates Courts Act of 1984. They deal with criminal cases and civil cases. Civil cases on property and family law matters which apply customary law and Islamic law must be initiated at the level of the Primary Court, where the Magistrates sits with lay assessors.

4. Primary courts

There are specialized tribunals, which form part of the judicial structure. These for example include District Land and Housing Tribunal, Tax Tribunal and the Tax Appeals Tribunal, Labour Reconciliation Board, the Tanzania Industrial Court, and Military Tribunals for the Armed forces. Military Courts do not try civilians. A party who feels dissatisfied with any decision of the Tribunals may refer the same to the High Court for judicial review 

5. Tribunals

Judicial System of the revolutionary govt. of zanzibar

The High Court of Zanzibar has exclusive original jurisdiction for all matters in Zanzibar, as is the case for the High Court on mainland Tanzania. The Zanzibar court system is quite similar to the Tanzania mainland system, except that Zanzibar retains Islamic courts. These adjudicate Muslim family cases such as divorces, child custody and inheritance. All other appeals from the High Court of Zanzibar go to the Court of Appeal of Tanzania.

The Zanzibar legal system consists .• Court of Appeal• High Court• Magistrate Court  • Kadhi’s Appeal Courts• Primary Courts• Kadhi’s Court  

Court of Appeal

High Court

Magistrate court Kadhi’s Appeal Court

Primary Courts Kadhi’s Court

The structure of the Zanzibar legal system is as follows;

1. Court of Appeal of Tanzania

2. High court

The Court of Appeal Tanzania handles all matters from the High Court of Zanzibar.

The High Court of Zanzibar is structured with the same structure as the High Court of Tanzania Mainland and it handles all appeals from the lower subordinate courts.

These Courts have jurisdiction to entertain cases of different nature, except for cases under Islamic law, which they have no jurisdiction to try which are tried in the Kadhi’s courts.

3. Magistrate court

6. Primary court

5. Kadhi’s court

4. Kadhi’s Appeal courtThe main role of the Kadhi’s Appeal Court of Zanzibar is to hear all appeals from the Kadhi’s court, which adjudicates on Islamic law.

These are the lowest courts in Zanzibar which have adjudicate all Islamic family matters such as divorce, distribution of matrimonial assets, custody of children and inheritance but only with Muslim families.

These have the same rank as the Kadhi’s Courts and they deal with criminal and civil cases of customary nature.

Tanzania's legal system is based on the English Common Law system. It derived this system from its British colonial legacy, as it does the system of government, which is based to a large degree on the Westminster parliamentary model.

Conclusion

Indian legal system :common law system based on the English model; separate personal law codes apply to Muslims, Christians, and Hindus; judicial review of legislative acts.Type of government in India is federal republic and Tanzania is of republic form .Legislature size India 790 members and Tanzania 317members.Percent of National Parliament Seats Held by Women: India -11.97% and Tanzania- 36%Mainland Tanzanian law is a combination of British, East African customary law, and Islamic law.