a complete ppt about the legal system of tanzania including the topics like; sources of law and government structure (executive,legisature and judiciary)

2. United Republic of Tanzania
Jamhuri Ya Muungano wa Tanzania (Swahili)
Motto : Uhuru na Umoja" (Swahili)
"Freedom and Unity“
Capital : Dodoma
Largest city : Dar es Salaam
Official languages : Swahili & English
Government : Unitary presidential republic
 President : John Pombe Magufulli
Prime Minister : Kassim Majaliwa
Speaker : Job Ndugai
Chief Justice : Mohammed Othman

3. 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.

5. 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.

6.  The Constitution
 Statutes
 Case Law
 Received Laws
 Customary and Islamic Law
 International Law (Treaties and Conventions)

7. 1. The Constitution
The 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)

8. 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.

9. 2. Statutes
The 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.

10. 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

11. 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)

12.  The Executive
 The Legislature
 The Judiciary
 Judicial System of Mainland Tanzania
 Judicial System of the Revolutionary
Government of Zanzibar

13. The 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
(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.

14. John Pombe Joseph Magufuli
5th President of Tanzania
sworn in on 5 November 2015.

16. 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 Matters
Performing all duties assigned to him by the President
Performing 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

17. 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

18. 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.

19. The President of Zanzibar
Ali Mohamed Shein
since 3 November 2010
Kassim Majaliwa
10th prime minister of Tanzania.
Since 20 November 2015

20. 5. Cabinet Ministers
The 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.

23. The 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.

24. 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

25. The 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.

27. The 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

28. 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

29. 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.

30. 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.

31. 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.
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.

32. 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

33. 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

34. 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;

35. 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.

36. The 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.

37. 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.
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.