The document provides information about Tanzania's legal and court system. It notes that Tanzania has a unitary presidential republic government and its legal system is based on common law inherited from British rule, but also incorporates Islamic and customary laws. The court system includes the Court of Appeal, High Courts, Magistrate Courts (including District and Primary Courts), and specialized tribunals. The document also describes the similar but separate legal system for Zanzibar, including Islamic courts.
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Administrative law is one of the important subject of law. It is very complicated topic . Here i provide you a Basic note of Administrative that will be helpful to your law entrance examination.
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Pakistan's self-governing judicial organism begins under the British Raj, and its perception and actions remind you of those of Anglo-Saxon countries. Institutional changes and judicial actions were shortly changed under the influence by American legal and court system in the 1950s to eliminate the primary rights problems. The Supreme Court of Pakistan consisted of Chief Justice and Senior justices; all selected by the President after closing the discussion with the Chief Justice of Pakistan. The Constitution of Pakistan does not secure the number of justices of the Supreme Court, though it can be fixed by Parliament through an act signed by the President.
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3. 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
4. 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.
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. Kassim Majaliwa
The Prime minister of Tanzania.
Mohammed Othman
Chief justice of Tanzania
John Pombe Joseph Magufuli
The President of Tanzania
Samia Hassan Suluhu
The vice-president
6.
7. 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.
8. 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 into two; Judicial system
of mainland Tanzania and judicial system of the revolutionary govt. of
Zanzibar
Chief justice of Tanzania
Mohammed Othman
9. The 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 Judiciary
In 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.
10. The Judiciary in Tanzania can be illustrated as follows. The
Judiciary in Tanzania ,
1. The Court of Appeal of the United Republic of Tanzania,
2. The High Courts of Mainland Tanzania ,
3. Magistrates Courts, which are at two levels, i.e.
Court of Appeal
- High Court of Tanzania
Resident Magistrates Courts
District Courts
Primary Courts
The Resident Magistrate Courts
The District Court
4. Primary Courts are the lowest in the judicial hierarchy.
Magistrates Courts
11. 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 -
1. impartiality to all without due regard to ones social or economic status;
2. not to delay dispensation of justice without reasonable
3. to award reasonable compensation to victims of wrong doings
committed by other persons, and in accordance with the relevant law
enacted by the Parliament;
4. to promote and enhance dispute resolution among persons involved in
the disputes.
5. to dispense justice without being tied up with technicalities provisions
which may obstruct dispensation of justice.
12. 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.
13. 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.
14. 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.
15. 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
The 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
16. 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,
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
17. 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
18. 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;
19. 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.