Judiciary of Tanzania

Last updated
Judiciary of Tanzania
(Mahakama ya Tanzania)
Judiciary of Tanzania Logo.png
Timely and Accessible Justice to All
SERVICE OVERVIEW
Former DoctrineTanganyika Order in Council 1920
Current ConstitutionUnited Republic of Tanzania, 1977
Article 107A (1) and 107B
CountryFlag of Tanzania.svg  Tanzania
Controlling authorityCourt of Appeal of the United Republic
Hierarchy of Courts in Tanzania1.Court of Appeal
2.High Courts
3.Resident Magistrates Courts
4.District / Primary Courts
Post Designation Justice
Judge
Magistrate - Judicial & Executive
Bar Association Tanganyika Law Society
HEAD OF JUDICIARY
Chief Justice of Tanzania Prof. Ibrahim Hamis Juma

The Judiciary of Tanzania is the system of courts that interprets and applies the law in Tanzania. The current judiciary bases its foundation to the constitution of the United Republic of Tanzania of 1977. [1] Under the Constitution of Tanzania, Justices and Magistrates are independent of the government and subject only to the Constitution and the law. The country has a dual juristition system where there is a judicial structure responsible for Tanzania Mainland and another for Zanzibar. The Court of Appeal of the United Republic was established in 1979 as the final appellate judicial body with jurisdiction over the entire union. [2]

Contents

History

Once the British assumed control of Tanganyika in 1920, through Article 17 of the Tanganyika Order in Council, 1920 established the High Court of Tanganyika. The British set up a dual hierarchy system which consisted of the High Court and Subordinate Courts which primarily operated according to English Common Law. [3]

Tanganyika gained its independence in 1961 and went through several rounds of interim constitutions before establishing the current constitution in 1977. By this time the Union of Tanganyika and Zanzibar had been concluded and a dual jurisdiction system was formed where Tanzania Mainland and Zanzibar maintained their own judicial hierarchy systems. [2] As part of the 1977 constitution an appellate court was established on August 15, 1979 called the Court of Appeal of the United Republic. The court is a successor to the East African Court of Appeal and was founded as a court with jurisdiction over both the mainland and Zanzibar. [4]

Judicial Hierarchy

Schematic of the Courts of Tanzania Courts of Tanzania Hierarchy Schematic.png
Schematic of the Courts of Tanzania

High Courts

The High Courts was established under article 108(1) of the 1977 Constitution of the United Republic of Tanzania. [1] The court has unlimited jurisdiction to handle all types of cases. All appeals from the subordinate courts go to the High Court. The High courts are headed by a Principal Judge. The Principal Judge and other Judges of the High Court are appointed by the President after consultation with the Judicial Service Commission. [5] The High court also has three specialized divisions Commercial, Land & Labour to help expedite cases in these areas [6]

Mainland Tanzania currently has 14 regional based high courts with the headquarters based in Dar es Salaam.

District / Subordinate courts

There are two types of courts within this level that share the same level of jurisdiction, District courts and Resident Magistrate courts. These were established under the Magistrate Courts Act of 1984. [7] District courts are found in all districts in the country and Resident Magistrate courts are mainly found in larger cities and serve as regional headquarters for district courts. They also receive appeals from Primary courts, however, one can go directly to a subordinate court if they wish. [8]

Primary Courts

Primary Courts are the lowest courts in the country. In 2020 there were almost 700 primary courts spread across the country. They handle criminal and civil cases of customary nature. [9]

Revolutionary Government of Zanzibar

The High Court of Zanzibar is the highest court within the Isles. There are two High courts in the isles one in Unguja and another in Pemba Island. [10] The highest judge of Zanzibar is the Chief Justice of Zanzibar. Zanzibar has a very similar judicial structure to the Mainland except that Zanzibar retains islamic courts referred to as Kadhi Courts.

This is a court that hears civil matters relating to Sharia law. The parties involved must all be followers of Islam and all must agree that the matter to be decided under Islamic law. The matter must be civil in nature e.g. Divorce, succession etc. The court is headed by a Chief Kadhi and parliament is given the authority to enact laws describing the guidelines, qualification and jurisdiction of this court. Appeals from Kadhi Court are heard by the Kadhi’s Appeal Courts.[ citation needed ]

Special Constitutional Court

Article 125 of the 1977 constitution establishes the Special Constitutional Court. The special court is only established when there is a dispute between on the interpretation the Constitution between the Government of the United Republic and the Revolutionary Government of Zanzibar. The court does not have the power to interfere or overrule any decisions made by the High Courts or the Court of appeal. [1] The appointment of judges are done individually per dispute. Half the members hail from the law society of Mainland Tanzania and the other half from Zanzibar.

Related Research Articles

The politics of Tanzania takes place in a framework of a unitary presidential democratic republic, whereby the President of Tanzania is both head of state and head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and parliament. The party system is dominated by the Chama Cha Mapinduzi. The Judiciary is independent of the executive and the legislature.

Chapter 9: Judiciary.Chapter 9 of the 1997 Constitution of Fiji is titled Judiciary. It is divided into twenty-two sections, setting out the composition and functions of the Judicial branch of the Fijian government.

Judiciary of Malaysia Largely centralized system

Judiciary of Malaysia is largely centralised despite Malaysia's federal constitution, heavily influenced by the English common law, as well as Islamic jurisprudence.

Judicial system of Singapore National court system

Singapore practices the common law legal system, where the decisions of higher courts constitute binding precedent upon courts of equal or lower status within their jurisdiction, as opposed to the civil law legal system in the continental Europe. The current criminal code was preceded by the Indian Penal Code which was adopted when Singapore was a crown colony. The judiciary in Singapore is divided by the Constitution of Singapore into the Supreme Court, as well as subordinate courts, namely the State Courts and Family Justice Courts. It is led by the Chief Justice, currently Sundaresh Menon.

High Court of Singapore Lower division of national supreme court

The High Court of the Republic of Singapore is the lower division of the Supreme Court of Singapore, the upper being the Court of Appeal. It consists of the Chief Justice of Singapore and the Judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and several judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore and is a division of the High Court. The seat of the High Court is the Supreme Court Building.

Supreme court Highest court in a jurisdiction

The supreme court is the highest court within the hierarchy of courts in many legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts.

Judiciary of Pakistan

The judiciary of Pakistan is a hierarchical system with two classes of courts: the superior judiciary and the subordinate judiciary. The superior judiciary is composed of the Supreme Court of Pakistan, the Federal Shariat Court and five High Courts, with the Supreme Court at the apex. There is a High Court for each of the four provinces as well as a High Court for the Islamabad Capital Territory. The Constitution of Pakistan entrusts the superior judiciary with the obligation to preserve, protect and defend the constitution. Neither the Supreme Court nor a High Court may exercise jurisdiction in relation to Tribal Areas, except otherwise provided for. The disputed regions of Azad Kashmir and Gilgit–Baltistan have separate court systems.

Supreme Court of Spain Highest court in Spain

The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.

Judiciary of India Judicial wing of India

The Judiciary is a system of courts which interpret and apply the law. The role of the courts is to decide cases by determining the relevant facts and the relevant law, and applying the relevant facts to the relevant law. The Indian Judiciary administers a common law system in which customs, securities and legislation, all codify the law of the land. It has, in fact, inherited the legacy of the legal system established by the then colonial powers and the princely states since the mid-19th century, and has partly retained the characteristics of practices from the ancient and medieval times.

Government of Kenya National legislative, executive and judiciary powers of Kenya

The Government of the Republic of Kenya (GoK) is the national government of the republic of Kenya which is composed of 47 Counties, each county with its own semi-autonomous governments. The national government is composed of three arms: The Legislature, the Executive and the Judiciary. Each arm is independent of the other and their individual roles are set by the Constitution of Kenya. The full name of the country is the "Republic of Kenya". Its official Swahili name is 'Jamhuri ya Kenya'. Other terms such as GoK, GK and Serikali are popularly used to refer to the Kenyan government.

Judiciary of Spain

The Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.

The chief justice of Tanzania is the highest judge of the mainland of the state United Republic of Tanzania. He is appointed by its president and presides the Court of Appeal of Tanzania.

In 1964 Tanganyika and Zanzibar formed the United Republic of Tanzania. After the Treaty of the Union, the two countries continued to remain with their own legal systems including court structures. In the 1977 Constitution of the United Republic of Tanzania, the High Court of Tanganyika whose jurisdiction was and still is territoriality limited to Tanzania Mainland was called the High Court of Tanzania and the High Court of Zanzibar retained its original name. It is essential to note that the High Court of Tanzania only has territorial jurisdiction over legal issues arising in Tanzania Mainland and the High Court of Zanzibar has territorial jurisdiction over legal issues arising in Zanzibar.

Judiciary of Kenya

The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the constitution of Kenya in 2010, the general public, through parliament, sought to reform the judiciary. Parliament passed the Magistrates and Judges Vetting Act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of Magistrates and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution, a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.

Judiciary of Solomon Islands

The judiciary of Solomon Islands is a branch of the Government of Solomon Islands that interprets and applies the laws of Solomon Islands, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system is derived from chapter VII, part II of the Constitution, adopted when the country became independent from the United Kingdom in 1978. The Constitution provided for the creation of a High Court, with original jurisdiction in civil and criminal cases, and a Court of Appeal. It also provided for the possibility of "subordinate courts", with no further specification (art.84).

The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.

Judiciary of Malawi

The Judiciary of Malawi is the branch of the Government of Malawi which interprets and applies the laws of Malawi to ensure equal justice under law and to provide a mechanism for dispute resolution. The legal system of Malawi is based on English law, modified since 1969. The Constitution defines the judiciary as a hierarchical system of courts, with the highest court being a Supreme Court of Appeal, together with a High Court and a number of magistrates' courts. Malawian judiciary has frequently demonstrated its independence in recent years. The constitutional court of Malawi nullified the 2019 election results, citing widespread irregularities. The Supreme court upheld the verdict of the constitutional court. Five Constitutional Court judges who overturned the results of 2019 election has been nominated by UK thinktank Chatham House for the 2020 Chatham House Prize.Ultimately the judges went onto win the prize.

Judiciary of Zambia

The Judiciary of Zambia is the branch of the Government of the Republic of Zambia which interprets and applies the laws of Zambia to ensure impartial justice under law and to provide a mechanism for dispute resolution. Under the Constitution of Zambia, Justices and Magistrates are independent of the government and subject only to the Constitution and the law.

Judiciary of Sierra Leone

The Judiciary of Sierra Leone is the branch of the Government of the Republic of Sierra Leone which interprets and applies the laws of Sierra Leone to ensure impartial justice under law and to provide a mechanism for dispute resolution. The independence of the judiciary is guaranteed by the constitution.

The Judiciary of Bangladesh or Judicial system of Bangladesh is based on the Constitution and the laws are enacted by the legislature and interpreted by the higher courts. Bangladesh Supreme Court is the highest court of Bangladesh. The jurisdiction of the Supreme Court of Bangladesh has been described in Article 94(1) of the Constitution of Bangladesh. It consists of two divisions, the High Court Division and the Appellate Division. These two divisions of the Supreme Court have separate jurisdictions.

References

  1. 1 2 3 "Constitution of Tanzania 1977" (PDF). Constitute Project.
  2. 1 2 "Brief history of Judiciary". Tanzania Zalendo. Retrieved 2020-05-30.
  3. ↑ "Tanganyika Order in Council 1920" (PDF). Kituo cha Katiba.
  4. ↑ "Court Mapping | App Management Portal". jmap.judiciary.go.tz. Retrieved 2020-05-30.
  5. ↑ "Court Mapping | App Management Portal". jmap.judiciary.go.tz. Retrieved 2020-05-31.
  6. ↑ "Guide to Tanzanian Legal System and Legal Research - GlobaLex". www.nyulawglobal.org. Retrieved 2020-05-31.
  7. ↑ "The Magistrate Court Act of Tanzania 1984" (PDF). Tanzania Government.
  8. ↑ Bierwagen, Rainer Michael; Peter, Chris Maina (1989). "Administration of Justice in Tanzania and Zanzibar: A Comparison of Two Judicial Systems in One Country". The International and Comparative Law Quarterly. 38 (2): 395–412. doi:10.1093/iclqaj/38.2.395. ISSN   0020-5893. JSTOR   760038.
  9. ↑ "Court Mapping | App Management Portal". jmap.judiciary.go.tz. Retrieved 2020-05-31.
  10. ↑ "The Judiciary Zanzibar". judiciaryzanzibar.go.tz. Retrieved 2020-05-31.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.