Tanzania
-- Government
Presidents
Julius
Nyerere
1964-85;
Ndugu Ali
Hassan Mwinyi
1985-95;
and Benjamin
William
Mkapa from
1995 to
the present.
Prime
Ministers
Rashid M.
Kawawa 1964-77;
Edward M.
Sokoine,
1977-80;
Cleopa D.
Msuya, 1980-83;
Edward M.
Sokoine,
1983-84;
Salim A.
Salim, 84-88;
Joseph S.
Warioba,
88-90; John
Malecela,
90-94; Cleopa
Msuya, 94-95;
and Frederick
Sumaye,
from 1995
to the present.
Chief
Justice
The
Chief Justice
heads the
judicial
branch of
the government.
Appointed
by the president,
he consults
with the
president
concerning
the appointment
of associate
judges to
Tanzania's
High Court.
He also
serves as
an appointed
member of
the Judicial
Service
Commission.
He has the
constitutional
power to
declare
Tanzanian
presidents
unable to
discharge
their duties
and certifies
their resignations
if they
decide to
leave office
before the
end of their
five-year
terms.
Executive
Branch
After
independence,
the government
adopted
a parliamentary
system modeled
on that
of Britain.
It established
a permanent
civil service
which is
to see to
the formulation
and implementation
of political
policy.
In 1962,
Nyerere
began the
process
of "Africanizing"
the civil
service.
The same
year, Tanganyika
changed
from a parliamentary
to a presidential
system of
government
. After
he was elected
president,
Nyerere
appointed
a presidential
commission
(in 1964)
to investigate
the formation
of a one-party
state in
Tanganyika.
The commission's
report led
to the adoption
in 1965
of the Interim
Constitution
of the United
Republic
of Tanzania.
In 1977,
the TANU
party[*]
of the mainland
and the
ASP party
[**] of
Zanzibar
merged to
form the
CCM[***],
and the
Permanent
Constitution
replaced
the Interim
Constitution.
The Permanent
Constitution
reaffirmed
single-party
rule and
allowed
Zanzibar
to elect
representatives
to the National
Assembly.
Real legislative
and executive
authority,
however,
was concentrated
in the CCM
Central
Committee,
which exercised
power through
a cabinet
of more
than 20
ministerial
posts and
through
its own
executive
and working
committees.
In 1992,
the government
amended
the Permanent
Constitution
to bring
about a
multi-party
system.
More than
a dozen
new parties
have been
registered,
but none
of them
constitutes
a real challenge
to the political
power of
the Chama
Cha Mapinduzi.
Political
Parties
Tanzania's
largest
political
party is
the Chamber
Cha Mapinduzi
(CCM), established
in February
1977 when
the Tanganyika
African
National
Union -TANU-
, the mainland
party, merged
with the
Afro-Shirazi
Party of
Zanzibar.
The party's
chairman
is Benjamin
Mkapa. Other
parties
include
the Chama
Cha Demokrasia
na Maendeleo
(CHADEMA),
founded
in 1993
under the
leadership
of Edwin
Im Mtei;
the Civic
United Front-Chama
Cha Wananchi
(CUF-CCW),
founded
in 1992
with James
K Mapalala
as leader);
the National
Convention
for Construction
and Reform-
Mageuzi
Party (NCCR-Mageuzi);
the National
Reconstruction
Alliance
(NRA); the
National
League for
Democracy
(NLD); the
Tanzania
Democratic
Alliance
Party (TADEA);
the Tanzania
People's
Party (TPP);
the United
Democratic
Party (UDP;
the Popular
National
Alliance;
the United
People's
Democratic
Party (UPDP);
and the
Union for
Multi-Party
Democracy.
[*]
Tanganyika
African
National
Union (TANU).[**]
Afro-Shirazi
Party.[***]
Chama Cha
Mapinduzi
Legal
System
Tanzania's
legal system
reflects
the historical
forces that
have shaped
its culture.
Traditional
law developed
over many
centuries.
Islamic
law gradually
became influential
with increasing
contact
from the
north, and
combined
with traditional
law, until
the arrival
of European
colonization
in the late
nineteenth
century.
First, German
Imperial
law was
overlaid
on the existing
synthesis
of customary
and Islamic
law. When
Germany
was defeated
in World
War I, and
the British
gained rule
over Tanganyika,
British
law was
introduced.
Tanzania's
current
legal system
developed
from these
influences.
Further
changes
were introduced
as a result
of Nyerere's
reforms.
Two distinct
systems
of law have
developed
in Tanzania,
reflecting
the cultural
differences
between
the mainland
and the
islands.
The mainland
has three
court systems:
the primary
courts,
the district
courts,
and the
High court.
The primary
courts interpret
the law
at a local
level. Appeals
of decisions
by the primary
court are
made first
to the district
level. Final
appeals
are made
to the High
Court, which
has supervisory
and review
powers over
all lower
courts.
High court
judges include
the Chief
Justice
of Tanzania
and at least
eight puisne
judges,
all of whom
are appointed
by the president.
Until 1977,
still higher
appeal in
nonconstitutional
matters
of general
publicimportance
could be
made to
the Court
of Appeal
for East
Africa,
which dated
from colonial
rule and
had been
incorporated
into the
East African
Community
(EACH) in
1967. The
judiciary
is granted
jurisdiction
by the National
Assembly
but is constitutionally
protected
from undue
legislative
influence
in the performance
of its duties.
In order
to preserve
the independence
of the court
system,
the Permanent
Commission
of Inquiry
(established
in 1965
with the
duty of
investigating
misconduct
or abuse
of power
among office
holders
or government
employees)
was set
up without
the right
to review
judicial
decisions.Jury
trials have
not played
a role in
Tanzania's
judicial
procedure.
An assessor
presents
a case to
the primary
or district
court. A
Director
of Public
Prosecutions
was responsible
for presenting
the government's
case. Civil
cases were
handled
according
to the pattern
developed
by the British
for their
colonies.
In 1974,
President
Nyerere
appointed
a Judicial
Review Commission
to reexamine
Tanzania's
legal system
and to assess
the compatibility
of the current
legal system
with Tanzania's
historical
experience
in precolonial,
colonial
and socialist
eras.
The
legal systems
of Tanganyika
and Zanzibar
have tended
to diverge
rather than
converge
in the last
decades.
The High
Court of
the United
Republic,
established
to supervise
the entire
country,
mainly represented
Tanganyika.
Zanzibar's
primary
and district
courts were
abolished
in 1968
and replaced
by a People's
Court, which
has jurisdiction
over all
criminal
matters
except murder,
attempted
murder,
and manslaughter.
A High Court
of Zanzibar
was also
established
at this
time. The
highest
judicial
body was
the Supreme
Council,
established
in 1970.
In 1985,
Zanzibar's
courts were
integrated
into the
mainland's
legal system.
However,
Islamic
courts continue
to hear
cases concerning
marriage,
divorce,
inheritance,
and child
custody
concerning
Zanzibari
Muslims.
In remote
rural areas,
legal infractions
are mainly
handled
according
to ethnic
customs
and traditions.
In personal
and community
disputes,
local people
generally
avoid police
and courts,
preferring
to resolve
matters
according
to custom.