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TANZANIA LEGAL SYSTEM
SUBMITTED BY, SUBMITTED TO, Mr. rupendra singhTHANGMINLAL KIPGEN --- 11604386 IRENE KIGOLA --- 11616651 PEMA YUDEN --- 11601150 AKHILA.V --- 11605668
Legal methods (law132)
TANZANIAUnited Republic of TanzaniaJamhuri Ya Muungano wa Tanzania(Swahili)Motto : Uhuru na Umoja"(Swahili) "Freedom and UnityCapital : DodomaLargest city : Dar es SalaamOfficial languages : Swahili & EnglishGovernment : Unitary presidential republic President : John Pombe MagufulliPrime Minister : Kassim MajaliwaSpeaker : Job NdugaiChief Justice : Mohammed Othman
Tanzaniaofficially theUnited Republic of Tanzania(Swahili:Jamhuri ya Muungano wa Tanzania), is a large country inEastern Africawithin theAfrican Great Lakesregion. Parts of the country are inSouthern 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.
Tanzania is the 13th largest country in Africa and the 31st largest in the world, ranked between the largerEgyptand smallerNigeria.
The name "Tanzania" was created as aclipped compoundof the names of the two states that unified to create the country: TanganyikaandZanzibar.
The name "Tanganyika" is derived from theSwahiliwordstanga("sail") andnyika("uninhabited plain", "wilderness"), creating the phrase "sail in the wilderness". It is sometimes understood as a reference toLake Tanganyika.
Kassim MajaliwaThe Prime minister of Tanzania.Mohammed OthmanChief justice of TanzaniaJohn Pombe Joseph MagufuliThe President of TanzaniaSamia Hassan SuluhuThe vice-president
INTRODUCTIONThe 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 26thApril 1964 to form the United Republic of Tanganyika and Zanzibar, which was later renamed on 29thOctober the United Republic of Tanzania.Tanzanians 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 Tanzanias 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 1920s.
To date Tanzanians 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.
The JUDICIARYSystem of TanzaniaThejudiciary(also known as thejudicial systemorcourt system) is the system ofcourtsthat interprets and applies thelawin the name of thestate. The judiciary also provides a mechanism for theresolution of disputes. The judicial system of Tanzania is classified into two; Judicial system of mainland Tanzania and judicial system of the revolutionary govt. of Zanzibar
Chief justice of TanzaniaMohammed Othman
Judicial System of Mainland TanzaniaThe legal system of Tanzania is largely based on common law, but it also accommodates Islamic or customary laws.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.Article 107B Independence of the JudiciaryIn exercising the powers of dispensing justice, all courts shall have freedom and shall be required only to observe the provisions of the Constitution and those of the laws of the land.
The Judiciary in Tanzania can be illustrated as follows. The Judiciary in Tanzania ,The Court of Appeal of the United Republic of Tanzania, The High Courts of Mainland Tanzania , Magistrates Courts, which are at two levels, i.e. Court of Appeal- High Court of Tanzania Resident Magistrates CourtsDistrict CourtsPrimary Courts
The Resident Magistrate CourtsThe District CourtPrimary Courts are the lowest in the judicial hierarchy.Magistrates Courts
DESPENSATION OF JUSTICE IN THE UNITED REPUBLIC
Article 107A. Authority of dispensing justice
(1) The Judiciary shall be the authority with final decision in dispensation of justice in the United Republic of Tanzania.(2) In delivering decisions in matters of civil and criminal matters in accordance with the laws, the court shall observe the following principles, that is to say -
impartiality to all without due regard to ones social or economic status;not to delay dispensation of justice without reasonableto award reasonable compensation to victims of wrong doings committed by other persons, and in accordance with the relevant law enacted by the Parliament;to promote and enhance dispute resolution among persons involved in the disputes.to dispense justice without being tied up with technicalities provisions which may obstruct dispensation of justice.
The Court of Appeal of Tanzania, established under Article 108 of the Constitution. It 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.
1. Court of Appeal
The High Court of Tanzania was established under Article 108 of the Constitution.The High Courts exercise original jurisdiction on matters of a constitutional nature . It also has two specialized divisions, the Commercial Division and the Land Division.Judges are removed by the president acting on the advice of a tribunal appointed by the president. All appeals from subordinate courts go to the High Court of Tanzania.2. High court
Article 108. High Court of the United Republic and its jurisdiction
(1) There shall be a High Court of the United Republic (to be referred to in short as the High Court) the jurisdiction of which shall be as specified in this Constitution or in any other law.(2) Where this Constitution or any other law does not expressly provide that any specified matter shall first be heard by a court specified for that purpose, then the High Court shall have jurisdiction to hear every matter of such type. Similarly, the High Court shall have jurisdiction to deal with any matter which, according to legal traditions obtaining in Tanzania, is ordinarily dealt with by a High Court provided that; the provisions of this sub article shall apply without prejudice to the jurisdiction of the Court of Appeal of Tanzania as provided for in this Constitution or in any other law.
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. They receive appeals from the Primary Courts. They are located in major towns, municipalities and cities, which serve as the regional (provincial) headquarters
3. Subordinate courtThe primary courts are the lowest courts in the hierarchy.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
4. Primary courts
There are specialized tribunals, which form part of the judicial structure. These for example include ,5. TribunalsDistrict Land and Housing Tribunal, Tax Tribunal and the Tax Appeals Tribunal, Labour Reconciliation Board, the Tanzania Industrial Court, Military Tribunals for the Armed forces.A party who feels dissatisfied with any decision of the Tribunals may refer the same to the High Court for judicial review
Judicial System of the revolutionary govt. of ZanzibarThe 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 Kadhis Appeal Courts Primary Courts Kadhis Court
Court of AppealHigh CourtMagistrate courtKadhis Appeal CourtPrimary CourtsKadhis CourtThe structure of the Zanzibar legal system is as follows;
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.ConclusionIndian 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.