Tanzanian Legal System Essentials

Cheatsheet Content

Legislative Procedure in Tanzania The legislative process in Tanzania involves several stages to enact a bill into law. This typically includes: Bill Preparation: Initiated by a ministry, department, or private member. Cabinet Approval: The proposed bill is approved by the Cabinet. First Reading: The bill is introduced in the National Assembly. Second Reading: General debate on the principles of the bill. It may be referred to a parliamentary committee for detailed scrutiny. Committee Stage: The parliamentary committee examines the bill clause by clause and may propose amendments. Third Reading: The bill, with any amendments, is debated and voted upon by the National Assembly. Presidential Assent: If passed by the National Assembly, the bill is sent to the President for assent. Once assented, it becomes an Act of Parliament. Publication: The Act is published in the Official Gazette, making it legally binding. Distinction Between Principal and Subsidiary Legislation Feature Principal Legislation Subsidiary Legislation Definition Laws enacted directly by the main legislative body (e.g., Parliament). Laws made by bodies or persons authorized by principal legislation. Authority Derives authority directly from the Constitution. Derives authority from a specific Principal Act. Maker Parliament. Ministers, local authorities, statutory bodies, etc. Scope Establishes broad legal principles and frameworks. Provides detailed rules, regulations, bylaws, or orders to implement Principal Acts. Examples Acts of Parliament (e.g., The Penal Code, The Land Act). Regulations, Rules, Orders, Bylaws (e.g., Environmental Regulations made under the Environmental Management Act). Validity Can only be challenged on constitutional grounds. Can be challenged if it exceeds the powers granted by the Principal Act ( ultra vires ) or is inconsistent with it. Sources of Law in Tanzania The legal system in Tanzania is hybrid, drawing from various sources: 1. Customary Law (Native Laws) Definition: Unwritten rules and practices that have evolved over time within a particular community and are accepted as binding. Application: Primarily applies to personal matters such as marriage, divorce, inheritance, and land tenure in some communities, where it is not repugnant to justice or morality, or inconsistent with written law. Recognition: Recognized by the Judicature and Application of Laws Act (JALA). 2. Religious Laws (Particularly Islamic Laws) Definition: Laws derived from religious texts and traditions. Application: In Tanzania, Islamic law (Sharia) is recognized to a limited extent, primarily in matters of personal status for Muslims, such as marriage, divorce, and inheritance, if the parties are Muslims and have opted for its application. Courts: Administered by Kadhi's Courts in Zanzibar and by ordinary courts applying Islamic law principles on the Mainland. 3. Common Law Definition: Body of law developed from judicial decisions and customs in England, adopted by many Commonwealth countries. Application: Forms the bedrock of Tanzania's legal system, particularly in areas not covered by specific statutes. It includes rules of equity and statutes of general application in force in England on certain specified dates. Precedent: The principle of judicial precedent ( stare decisis ) means that decisions of higher courts are binding on lower courts. 4. International Laws Definition: Rules and principles governing the relations between states and international organizations. Application: Tanzania is a signatory to various international treaties, conventions, and agreements. These become part of domestic law either through direct incorporation by an Act of Parliament (transformation) or, in some cases, by direct application (incorporation). Examples: International human rights treaties, trade agreements, environmental conventions.