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Government of the United Republic of Tanzania is a unitary
republic based on multiparty parliamentary democracy.
All
state authority in the United Republic are exercised and
controlled by the Government of the United Republic of Tanzania
and the Revolutionary Government of Zanzibar. Each Central
Government has three organs: The Executive; Judiciary; and The
Legislature that have powers over the conduct of public affairs.
In addition, Local Government Authorities assist each central
government.
The
Government of the United Republic of Tanzania has authority over
all Union Matters in the United Republic and over all other
matters concerning Mainland Tanzania and the Revolutionary
Government of Zanzibar has authority in Tanzania Zanzibar over all
matters, which are not Union Matters.
The
Executive
The
President of the United Republic is the
Head of State, the Head of Government; and the Commander-in-Chief
of the Armed Forces.
The
Executive of the United Republic comprises the President, the Vice-President,
President of Zanzibar,
the Prime
Minister and the Cabinet Ministers.
The
President is the Leader of the Executive of the United Republic of
Tanzania.
The
Vice President is the principal assistant to the President in
respect of all matters in the United Republic generally and in
particular is responsible for assisting the President in:
-
making
a follow-up on the day-to day implementation of Union
Matters;
-
performing
all duties assigned to him by the President; and
-
performing
all duties and functions of the office of the President when
the President is out of office or out of the country.
The
Prime Minister of the United Republic is the Leader of Government
Business in the National Assembly and has authority over the
control, supervision and execution of the day-to-day functions and
affairs of the Government of the United Republic of Tanzania. Also
performs any matter or matters that the President directs to be
done.
The
President of Zanzibar is a Head of the Executive for Zanzibar;
Head of the Revolutionary Government of Zanzibar and the Chairman
of the Zanzibar Revolutionary Council.
The
Cabinet,
including the Prime Minister is appointed by the President from
among members of the National
Assembly. The Government executes
its functions through Ministries led by Cabinet Ministers. Each
Ministry is charged with a sector portfolio.
Judiciary
The Judiciary in Tanzania consists of three
organs: the Court of Appeal of the United Republic of Tanzania,
the High Courts for Mainland Tanzania and Tanzania Zanzibar , the
Judicial Service Commission for Tanzania Mainland. Magistrates Courts and Primary Courts.
The
Judicial Service Commission for Tanzania Mainland consists of: the
Chief Justice of the Court of Appeal of Tanzania (Chairman); the
Justice of the Court of Appeal of Tanzania; the Principal Judge of
the High Court; and two members appointed by the President.
The Tanzania
legal system is based on common law. The Tanzania Law Reform
Commission is responsible for the review of the country’s laws.
Legal
System
The
Constitution of the United Republic of Tanzania 1977 in its
preamble provides that Tanzania aims at building a democratic
society founded on the principles of freedom, justice, fraternity
and concord, in which the Executive is accountable to a
legislature composed of elected members and representatives of the
people and also a judiciary which is independent dispenses justice
without fear of favour, thereby ensuring that all human rights are
preserved and protected.
For
the purpose of exercise of state authority of the United Republic
of Tanzania; Article 4 of the Constitution of the United Republic
of Tanzania, 1977, provides for three organs of the Government;
Parliament (which is established under Chapter Three); the
Executive (which is established under Chapter Two) and the
Judiciary (which is established under Chapter Five).
The
constitution hence provides for legislative supremacy of
Parliament and independence of the Judiciary. It also embraces the
principles of rule of law, separation of powers and pluralistic
political system.
The
government of the United Republic of Tanzania has for the past
several years been engaged in comprehensive economic, political
and social reforms focusing on broadening the role of market
forces in the economy, strengthening human rights within the
context of a liberal, constitutional order, and promoting
democracy, good governance and protection of the environment. A
central feature of these reforms is the creation of an enabling
environment for private economic activity and for generally
enhancing the role of the private sector.
The
reforms being undertaken affect all sectors of the economy and
encompass, inter alia, reforms in the foreign exchange regime, the
investment and trade policy, the agricultural and the financial
and public sector.
There
can be no meaningful administration of justice without a strong,
independent and well equipped judiciary. Nor can market oriented
economic reforms be implemented in the absence of a sophisticated,
legal or regulatory framework, installed and administered by a
competent institutions capable of meeting the exacting challenges
of a modern market economy and business transactions.
The
Government of Tanzania has taken steps to complement the
Constitutional and legal reforms by upgrading and revitalizing the
institutions underpinning the legal system.
The
Court System and Judicial Administration
The
radical economic, political and constitutional reforms in Tanzania
highlight the pivotal role of the Judiciary in the new order. The
viability liberal constitutional system and the efficacy of
private economic interests in a market economy are contingent on a
sound, efficient and honest administration of justice by judges
and magistrates who are well equipped with both intellectual and
material resources to deal with the challenges of the changing
environment. The Judiciary is sensitive to the demands of this new
era. Recent decisions have upheld important constitutional rights
of individuals against the state. The Courts of Tanzania uphold
the principle of accountability for public authorities. The
Judiciary is in a position to play an important role expected of
that institution in a liberal democratized system.
The
transition from a command economy to a free market system in
Tanzania, has made the judiciary to grapple with complex
adjudication in such areas as company law, intellectual property
law, Commercial law, international business transactions, land
transactions, international crimes, fraud in international
financial transactions and other forms of white collar crimes.
This calls for enhanced expertise and specialization, particularly
in commercial law. Tanzania, like other jurisdiction has addressed
this problem by deciding to establish a commercial Division of the
High court to handle commercial cases although the requisite level
of specialization has not been achieved.
Administrative
Structure of the Judiciary
The
Judiciary in Tanzania is headed by the Chief Justice, with the
Registrar of the Court of Appeal as the Chief Executive Officer.
The Principal Judge (JK) assisted by the Registrar of the High
Court, is in charge of the Administration of the High court and
the Courts subordinate thereto.
The
High Court is divided into Zones, which are administered by Judges
in Charge with the assistance of District Registrars. At Regional
and District levels, the administration is under Resident and
District Magistrate in Charge. District Magistrates
in Charge also do supervise Primary Courts in their
respective districts.
The
Legal System of Zanzibar
Apart
from sharing the Court of Appeal of the United Republic with
Mainland Tanzania, Zanzibar has a distinct and separate legal
system.
The
Constitution of the United Republic of Tanzania makes clear that
the High Court of Zanzibar is not a Union matter. Article 114 of
the Constitution of Tanzania expressly reserves the continuance of
the High Court of Zanzibar institutions with their jurisdiction.
Similarly, the Attorney General’s Chambers of Zanzibar fall
outside the purview of Union matters, and it is a department of
Revolutionary Government of Zanzibar. The Attorney General’s
Chambers are part of the portfolio of the Minister of State in the
Chief Minister’s Office.
The
Court system in Zanzibar has a High Court,
Kadhis Courts and the Magistrates Courts.
Legislature
(The Parliament)
The
Parliament of the United Republic of Tanzania consists two parts,
i.e. the President and the National Assembly.
The
President exercises authority vested in him by the constitution to
assent the law a necessary aspect in the completion of the
enactment process.
The
National Assembly is the principal organ of the United Republic
and has authority on behalf of the people to oversee and advise
the Government of the United Republic and all its organs in the
discharge of their respective responsibilities.
The
National Assembly consists of four categories of Members of
Parliament, namely:
-
members
elected directly to represent constituencies;
-
members elected by the House of Representatives from among its
members;
-
the
Attorney General;
-
members nominated by the President; and
-
women
members being not less than fifteen percent of the members of
all other categories on the basis of proportional
representation among those parties in the Parliament.
The
Parliament is headed by the Speaker who is assisted by the Deputy
Speaker and the Clerk to the National Assembly as Head of the
Secretariat of the National Assembly. For better discharge of its
functions the National Assembly has various Standing Committees.
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