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Question 1
Discuss the reasons for the growth of Administrative law in Tanzania.
S/N NAME
REGISTRATION
SEX PROGRAMME
NO.
01
MAJURA,
Ibrahim T/UDOM/2011/04301
LL.B.
W.
02
JOSEPH Willium
T/UDOM/2011/04240
LL.B.
03
SUDAY,Ayubu D.
T/UDOM/2011/04288
LL.B.
04
MOSHI, Eric S.
T/UDOM/2011/04261
LL.B.
05
SAMWEL Maseke
T/UDOM/2011/04272
LL.B.
06
NSHATSI Fridah
T/UDOM/2011/04295
LL.B.
07
JULIUS, Goodluck
T/UDOM/2011/04234
LL.B.
08
KADAGO Happiness
T/UDOM/2011/04250
LL.B.
09
MCHAU, Hardson B.
T/UDOM/2011/04238
LL.B.
10
AL-HARTHY,
T/UDOM/2011/04218
LL.B.
Ruqaiya
11
CHARLES, Erick
T/UDOM/2011/04294
LL.B.
12
MALANGALILA,
T/UDOM/2011/04259
LL.B.
Geofrey B.
13
MASHAKA, Hamisi
T/UDOM/2011/04277
LL.B.
14
MCHAU, Hadija A.
T/UDOM/2011/04247
LL.B.
15
SIMWAWA, Richard
T/UDOM/2011/01636
LL.B.
16
WEAVER, Suzane
T/UDOM/2011/04278
LL.B.
SIGNATURE
TABLE OF CONTENTS
INTRODUCTION
MAIN BODY
CONCLUSION 09
BIBLIOGRAPHY 10
INTRODUCTION
Administrative Law, it is a branch of law which deals with the individual versus
instrument made under any Act or other lawfully authority. This is a law made by an executive
branch under powers given to them by legislation in order to implement and administer the
requirement of that primary legislation. It is also a permitting body beneath parliament to pass
their own legislation. Example Section 70(1) state that The minister may make regulations
necessary or desirable to give effects to the provisions of this Act. This shows that there is
delegation of power from the parliament to the executive bodies.
Precedents, these are the principles of rule established in a legal case that a court or
judicial body may apply when deciding subsequent cases with similar issue or fact. The courts
which are deriving these principles are the courts of records. In Tanzania the courts of records
are the High court and the Court of Appeal.
Statutes, these are laws enacted by the legislative branch of a government, it is also
known as a formal written enactment of a legislative that governs a state, city or country. Typical
statutes command or prohibit something or declare policy.
MAIN BODY
them. Due to this reason the parliament cannot make law and regulations that do not fit with
subject matter as it needs special ethnic from a person who is professional on it. The parliament
for this reason delegate its power to the bodies like the body concerning with telecommunication
to make law.
The need of flexibility, it is difficult for the parliament to foresee and provide for all
contingency and varying local condition, the local authorities are the one that can easy determine
the changes that occurs in the local areas or village areas. Subsidiary legislation makes it possible
for the variation to be made in the application of certain laws. The variations may be made to fit
certain circumstances which the parliament could not have foreseen at the time enacting the law
in question, so local authorities are given power to make legislation that fit with time that society
of that area is in need .It is reasonable to leave the duty to local authorities of the respect area to
make regulation, example section 132(1) ,the minister is empowered to supplement , revoke,
vary or amend the risk of functions of the Township authorities contained in the second schedule
to the Act.
Judicial Review, this is a procedure by which an individual person can seek to challenge
decisions, actions or failure to act of a public body such as a government department or local
authority or other body exercising a public law function, Judicial Review involves procedural
impropriety as complaints can be made due to procedure by which decisions was made,
Irrationality which is obligation to act reasonably and illegality that the decision maker must
understand correctly the law that regulate his decision making power and must give effect to
it.Decision maker must not act ultra-vired, this means that he or she must not act beyond its
prescribed powers. This is provided in the case of Said Juma v. Attorney General , where the
President`s decision to dismiss an immigration officer for the public interest was quashed for
being contrary to the law. The court held that the common law principle that a civil servant is
dismissible at the discretion of the President was not part of the law of Tanzania .Also in the case
of Shaban Nassoro v. Tanzania Portland Cement, where it was held that the minister`s
decisions overturning the Board`s decision to reinstate an employee was made without
jurisdiction and contrary to section 51 of the Security of Employment Act.
The judicial system proved inadequate to decide and settle all types of dispute, it was
slow, costly, inexpert, complex and for malistic. It was already overburdened and it was not
possible to expect speedy disposal of every important matters ,example dispute between
employer and employee, the most problem could not be solved merely by literally interpreting
the provision of the statute, hence it required various important factor and it could not be done by
ordinal Court of Law. Therefore other tribunals were established such as industrial and labor
tribunal were established which engineered by techniques and expert to handle these complex
problems. Due to various problems arising in our society, the government of Tanzania after
being advice by legally expertise, it adopted various principles which culminated to massive
growth of administrative laws in our country for the intention of facilitating dispensing justice in
the whole society. Hence various commissions were formed such as commission of good
governance in order to monitor applicability of administrative law therein.
The radical change in the philosophy as to the role played by state, the government
policy of maintaining law and order is given off. The statute has not confined its scope to the
traditional and minimum function of defense and administration of justice, but has not adopted
the positive policy and as welfare has undertaken to perform various functions. because the harsh
policy of maintaining law and order has given off, government decide to adopt new policy in
order to cope with scope of environment especially radical change of philosophy, the philosophy
of the change hence the policy of the government also change, various administrative principle
emerge in our country for the sake of this change. This is due to the fact that the law is dynamic;
it changes time to time to meet the need of the people at particular time and place.
Individuals challenges, is true that there were a few enlightened and spirited individuals
who resorted to the administrative action when rights were violated or threatened. This shows in
the case of Hamis Masisi and six others v. Republic,in this case the applicants were granted bail
by a magistrates court on certain conditions two days later a State Attorney moved the court to
cancel their bail. The magistrate complied, mainly because two days after granting the applicants
bail, the regional commissioner for Mara region ordered their arrest and detention apparently on
the same grounds on which they were charged in court and admitted to bail, it was held that I
would warn the executive at Musoma to stop interfering in the judicial process and that once an
accused mistaken to the court he is only subject to the jurisdiction of the court. This case shows
that the challenge on the rights and duties of the Constitution result to the growth of
administrative laws.
CONCLUSION
Therefore, the primary function of the Administrative law is to keep the governmental
powers within the limits of law and to protect private rights and individual interests. The
Administrative law attempt to control powers of government and its instrumentalities and
agencies. To achieve the object, the Administrative law provides effective mechanism and
adequate protection. It strikes the balances between two conflicting forces which are
individuals rights and public interest.
In Tanzania the issue of administrative laws mostly governed by piece of principal
legislation called The Government Proceedings Act, [Cap.15 R.E 2002] which allows an
individual person to sue the government when its action (government servant) during conducts of
his official function or duties infringe the rights of individual as provided under section 3(1) of
this Act.
BIBLIOGRAPHY
BOOKS
Chipeta. B.D., Administrative Law in Tanzania, 2009.
Takwami CK., Lectures on Administrative Law, 4 ed., Eastern Book Company, Lucknow, 2010.
Benman G. and Horne A., Judicial Review, Research Paper 06/44,28th September 2006
Mwahongo,J.L, Administrative Law in Tanzania Context 2nd Ed. Mkuki na Nyota. Dar-es
saalam, 2001.
Kunjombe P. Administrative Lecture,2010.
Gerald. H. and G. M David Administrative Law in Ireland,.,3rd edition 2005.
Thakker, C.K, Administrative Law 3rd Ed. 1996.
STATUTES
The Constitution of United Republic of Tanzania of 1977 (as amended from time)
The Government Proceedings Act, [Cap.15 R.E 2002]
Local Government District Authorities Act No.7 of 1982 R.E 2002
CASES
D.P.P v. Daudi Pete,[1993] TLR 22
Said Juma v. Attorney General, [1997] TLR 3
Shaban Nassoro v. Tanzania Portland Cement,[1996] TLR 96
Hamis Masisi and six others v. Republic,[1985] TLR 24
WEBSITES
http// www. books/ administrative-law-in-Tanzania. Retrieved on 23.12.2012:19.30pm