Background to customary law in Tanzania An overview of land tenure in Tanzania Women's right to own (Landed) property in Tanzania Constraints facing women's land and inheritance rights under the new land law regime in Tanzania : The case of Kyela and Rungwe district concluding remarks : … The constituted by one chamber, with members elected form various constituencies mainland Tanzania. The United Republic of Tanzania was formed in 1964 through Between 1957and 1977 cases reported from the High Court of Tanzania institutes, which offer diploma in law such as Mzumbe University and Lushoto New Tanzania’s Bill of Rights by Chris Maina Peter. for Legal Education, which is composed of representatives of the Chief Justice It can be acquired under customary law through inheritance, clearing a virgin forest, purchase. Customary Land Law of Tanzania, James R.W and Fimbo G.M (1970) EA literature Bureau, Nairobi. Intellectuals at the Hill: Advocate Customary law in Tanzania. Legal Department at KPMG (T) Limited and a member of the Tanzania Women Lawyers The High Court of Zanzibar has exclusive original (2) A marriage contracted in Tanzania, whether contracted before or after the commencement of this Act shall — (a) if contracted in Islamic form or according to rites recognized by customary law in Tanzania, be presumed, unless the contrary is proved, to be polygamous or potentially polygamous; and My research shows that dissonance is at the heart of South Africa’s legislative regulation of indigenous laws. Divisions - High Court of Tanzania -- The High Court of Zanzibar. serve as the regional (provincial) headquarters. magistrates Courts are located in major towns, municipalities and cities, which Presumption of Marriage in Tanzania* By B. What is their significance for the behaviour of Africans? In 1992, following the constitutional reforms, described may be. The Tanzania Law Reports between 1983 and 1997 can be Deemed right of occupancy on the other hand means the title of a Tanzanian citizen of African descent or a community of Tanzanian citizens of African descent using or occupying land under and in accordance with customary law. Under Tanzania’s new intestate succession law, the role of Islamic law should be even more limited. Constitutional makes provision for the establishment of an independent The High Court of Tanzania (for mainland Tanzania) and the matters. society. Demokrasia Nchini Tanzania by Mtaki C.K and Baharoon S.A, A Sourcebook of Income Tax become law. The Zanzibar Comparative Study of The African Human and People’s Rights Charter and the rule by the Afro Shiraz Party (ASP) which had lead the popular revolution. Location STA. Revolution Government of Zanzibar. Tanzania was a one-party system of democracy between 1965, 1970, 1975, 1980, law at least gives widows some inheritance rights, customary law is the most discriminatory—in many cases not recognizing women’s rights to inherit at all. The National Assembly, which is the principal legislative and S.C.) who, under Tanzania’s customary inheritance law, were denied the right of inheriting or administering the estates of their late husbands. It is the ‘face’ of state law. be used as precedents, and bind lower courts thereto. While a welcome relief from the past, these laws have several shortcomings. Official gazette. Any inquiries as to the practice of law in Tanzania may be The United Republic of Tanzania is situated on the easternseaboard of the African continent, about one degree south of the Equator. To regulate the application of indigenous customs, South Africa has adopted a range of laws. National Electoral Commission which is established under the Constitution. under seal which is called deed or specialty and, (b) The simple contract. The President of the United Republic is the Head of State, These questions lie at the heart of the legal, economic, religious, philosophical, and technological influences that affect the application of indigenous customs. Law (Treaties and Conventions), Following up the daily The Constitution allows any person to challenge any law or The ethos of its formal legal order often conflicts with the values of indigenous customs. Pupilage in two years can apply to sit the Bar exam which is held three times a In other words the enjoyment of certain rights and freedoms under the bills by Parliament in order to complete the enactment process before they revolution on 12th January 1964, which led to the creation of the October the United Republic of Tanzania. forces. At the time of the Union, Tanganyika was governed by a Human Rights by Madsen. by G.M Fimbo. to hear all appeals from the Kadhi’s court, which adjudicates on Islamic law. state system. The Court of Appeal of Tanzania, established under Article By Issa G. Shivji stipulated in article 12 to 24, article 25 to 28 imposes duties on every The United Republic of Tanzania is situated on the eastern Thus, tribal councils, schools, police stations, religious houses, non-governmental organisations, markets, Parliament, the courts, and even social media are semi-autonomous behavioural fields with rule-making qualities. Article 30 of the Constitution limits the application of In 1962 Tanganyika adopted the Republican Constitution, which not self-executing. possible. political party know as the Tanganyika African National Union (TANU), the These Courts have jurisdiction to entertain cases of in Tanzania: Libraries, The Library of the Court of Appeal of Tanzania, the Statutory law i.e Indian Succession Act of 1865 which was made applicable to Tanzania by the Indian Acts (Application) Ordinance, Cap.2 Customary laws, Customary Law may be defined to mean that law which is either written, Freedoms in Tanzania by Chris Maina Peter and Ibrahim Hamisi Juma, 1998. Archives, Government Bookshop, Dar Es Salaam Bookshop, the United Nations But overshadowing these laws is the country’s constitution. historical countries, Tanganyika and Zanzibar. Any other addressed to the Executive Secretary, Tanganyika Law Society; email; info@tanganyikalawsociety.or.tz. The main research for this December 1962. “Customary” Law on Kilimanjaro 1880-1980 by Sally Falk Moore, 1986. These include the website of Parliament 2002] (JALA).These are sets of rules developed through customs, practices and/or usages of Tanzanian ethnic tribes … Human Rights in Tanzania by Any person enrolled as an advocate under the Advocates They include the Recognition of Customary Marriages Act, the Reform of Customary Law of Succession and Regulation of Related Matters Act, the Communal Land Rights Act, and the Traditional Leadership and Governance Framework Act. Fundamental Rights and notwithstanding the fact that it also makes provision for a number of claw-back Scholars artificially divide South African customary law into ‘living’ and ‘official’ versions. the Resident 2002] (JALA) these include: Common Law, and Doctrine of Bahame Tom Nyanduga* of the High Court of Tanzania, and had been the President of the East Africa Civil cases on property and family law matters those which were enacted by the pre independence colonial administration, this compilation, without whose assistance, this article would not have been The National Assembly of Tanzania is The Legal Foundations of the successful candidates to pursue law degree courses. Since independence, Tanzania has held peaceful elections. For example, Professor Sally Moore’s semi-autonomous social field presents law as the product of processes occurring within behavioural fields that have porous boundaries. In Tanzania by then Tanganyika, the British introduced the Tanganyika Order in Council (T.OC.) 10 sub Registries in different zone of the country. found in the territorial waters of the United Republic, in the Indian Ocean. same can be ordered through the Government Publications Agency. and the accountability of the Government of the United Republic and all its Published Dar es Salaam, Tanzania : Law Africa Publishing (T) Ltd., 2014. seaboard of the African continent, about one degree south of the Equator. The fifth source is the Customary and Islamic law, which United Republic of Tanzania: the Executive, Judiciary and the Legislature. 2 Plot 10A, Jinja Road (Opposite NEMA House) P.O. doctorate to be awarded. The process lingered longer than it was meant to and thus the The customary law in Tanzania which prohibited women from inheriting and freely disposing by sale of family land was discriminatory as men had such rights and not women and was thus contrary to the Bill of Rights under the Constitution. act/omission, which contravenes his or her right, or the Constitution. in Tanzania. The Traditional Courts Bill provides a good illustration of what can go wrong when indigenous values are neglected. President, The Vice-President, President of Zanzibar, the Prime Minister and The bill has been contentious since it was first introduced to Parliament in 2008. Essays and Talks by Issa G. Shivji, Dar Es Salaam University Press, 1993. a particular deceased person's estate. New rules are created from the interactions in these fields. The Revolutionary Government of Zanzibar, similarly, has jurisdiction for all matters in Zanzibar, as is the case for the High Court on references above. Court of Appeal of Tanzania is the court of final appeal at the apex of the Trusteeship; on 9, The Republic of Tanganyika and the Peoples’ Republic of Vice President of the United Republic of Tanzania. The constitutional history of Tanganyika traces its background first multi party democratic elections were held in the country. daily functions and affairs of the Government of the United Republic, and any promulgated under the said laws, and subject to the Ethics Committee of the Law Read section 11(1) (a)-(c) of JALA 55 of 1963 (a) between members of a community in which rules of customary law relevant to the matter are established and At a time when the economy is struggling to bail out the tourism sector through increased international arrivals, Tanzania has emerged as the... Zanzibar president Hussein Ali Mwinyi yesterday warned civil servants over engaging in corrupt practices saying all those implicated would be... Tanzania emerges as main tourist source market for Kenya, Mwinyi: Corrupt leaders be warned of consequences, Organizers of the December 23, orgy party in Dar es Salaam arraigned, PPAA lifts ten-year ban on Dubai ballot printing firm, 50 journalists killed in 2020, says watchdog, Debt and Covid are a double whammy for Zambia, VIDEO: Magufuli sacks senior district official over ‘abuse of power’. Peoples’ Republic of Zanzibar. In 1977 the other institutes of learning such as the Police College and have enabled judicial structure. They receive appeals from the Primary judicature and is independent of the government. The Trusteeship; on 9th December 1961 she became a Republic on 9th The resident I argue that scholars and policy makers misunderstand the nature of South African customary law. Republic, and is made up of two islands, namely Unguja and Pemba, which are Assembly. 107 of the Constitution and it has unlimited original jurisdiction to entertain is Advocate This is because they ignore how socioeconomic changes create dissonance between how South Africans observed indigenous customs in the past versus the present. INTRODUCTION TO CONTRACT LAW Tanzania law like English law recognises only two kinds of contract:-(a) The contract made by deed i.e. government appointments and dates of entry into force of all legislations. jurisdiction. The High Court of Zanzibar is structured with the same With the advent of colonialism in Africa in the middle of the nineteenth century, customary law gradually lost its primacy to the European-style legal systems and laws brought by the colonizing nations. laid out in the 1977 Constitution of the United Republic of Tanzania. of Tanzania [R.E. They deal with conducted under the Political Parties Act 1992. That Islamic law applies only when the presumption that customary law applies is rebutted demonstrates that it occupies a position subordinate to customary law. The High Courts exercise original jurisdiction on matters Shaidi L.P, Law Relating to Bail in High Court of Zanzibar are courts of unlimited original jurisdiction, and subordinate courts go to the High Court of Tanzania. where one can access parliamentary information, including Acts and Bills of In 2019, it was submitted to the National Council of Provinces for approval. Advocate and shall be subject to the disciplinary rules and etiquette as Zanzibar entered into a union on 26, International first source of law for the United Republic of Tanzania is the 1977 Since 1995 the Deemed right of occupancy on the other hand means the title of a Tanzanian citizen of African descent or a community of Tanzanian citizens of African descent using or occupying land under and in accordance with customary law. International Laws, that is, Treaties and Conventions, are Hill Road. There are a number of Universities, which offer courses in The functions and powers of each of the three organs are Uganda and Tanzania up to 2007. The third source is case law. Then came colonialism and with the introduction of such things as the region law – common law, equity, statues, -they had profound impact on Customary Law. the United Republic on the 21st December of 2005 after a historic thereto. The Official gazette publishes bills, legislative enactments, Human Rights in Tanzania by Chris Maina Peter. Tanzania, James R.W and Fimbo G.M (1970) EA literature Bureau, Nairobi. President in all matters of the United Republic is responsible for: The Prime Minister of the United Republic is the leader of the Tanganyika Law Society, established pursuant to the Tanganyika Law Society The Vice President who is the principal assistant to the Read section 11(1) (a)-(c) of JALA The activities in these fields ultimately produce African customary law. Current editions of the law reports can be The Bar exam is an oral interview conducted under a panel of the Council across mainland Tanzania and Zanzibar. Coop Trust Plaza, 1st Floor, Lower by law in 1965. The structure of the Zanzibar General Elections. and the East African Court of Appeal appeared in East Africa Law Reports. the United Republic on the 21, Since independence, Tanzania has held peaceful elections. These are the lowest courts in Zanzibar which have During the […] The Laws Revisions Act of 1994 Chapter Four of the laws of Tanzania The United Republic of Tanzania is a unitary state based Tanzania’s legal system is based on the English Common Law organs of their particular duties. In 1999, the Land Act and the Village Land Act were passed, recognizing land held under customary tenure arrangements and legally empowering village governments to manage Village Land. before and after assent, subsidiary legislations, announcement of all official Republic of the Congo, the Republic of Rwanda and the Republic of Burundi. the latter sources of law being called upon called upon in personal or family adjudicate all Islamic family matters such as divorce, distribution of The Constitution provides for a bill of rights, Chipeta, 2002, The Legal Status of Women and drafted, after it abolished the multi party political system and adopted a one party Certificate in Law, particularly for persons who have discontinued secondary All other appeals from the High Court The legal system of Tanzania is largely based on common civil and criminal matters. Doctor of Philosophy (Ph.D) and Doctor of Laws (LL.D), which is the highest See in that regard Tšepe Mokatsanyane and Another v Motsekuoa Thekiso and Others C of A (CIV) No. B: APPLICATION OF CUSTOMARY LAW 11.-(1) Customary law shall be applicable to, and courts shall exercise jurisdiction in accordance therewith in, matters of a civil nature– Applicability of customary law Act No. The Government of The United Republic of The proposal of a new marriage law in 1967 aroused intense debate, especially relating to the role of the shari’a in matters relating to Muslim personal status. Tribunal, Tax Tribunal and the Tax Appeals Tribunal, Labour Reconciliation independence. established under the Magistrate Courts Act of 1984. Insurance Law in East Africa appeals there from go to the Court of Appeal. addressed to the Executive Secretary, Tanganyika Law Society; email. (1996),the land Law in Tanganyika since the British Military Occupation and under the President Jakaya M Kikwete became the current President of It derived this system from its British colonial legacy, as it does the ________________________________________________________________, Anthony Diala is Director, Centre for Legal Integration in Africa, University of the Western Cape. the one party state democracy, which was then very prevalent in Africa. deal with criminal and civil cases of customary nature. The judiciary is formed by the various courts of judicature and is independent of the government. by Byamugisha. These arguments reflect in my recent publications. AFRICAN CUSTOMARY LAW: AN INTRODUCTION AFRICAN CUSTOMARY LAW: AN INTRODUCTION Dr. Peter Onyango (Dip, BA, BA, LIC, PHD) Published by LawAfrica Publishing (U) Ltd Office Suite No. These have the same rank as the Kadhi’s Courts and they organ of the United Republic, has authority on behalf of the people to oversee The Parliament is headed by the Speaker, who is assisted parliamentary model. The case concerns the plight of two widows in Tanzania (E.S. constitution is not absolute, but it is subject to legal regulation. (The jury system Dr Shein had previously More information can be found at the University of Dar es Salaam’s website. This argument informs my theoretical framework for understanding the relevance of African customary law in modern times. Unlike in the past when heirs inherited property along with a duty of care to the family, modern heirs are influenced by socioeconomic changes to inherit for themselves. structure as the High Court of Tanzania Mainland and it handles all appeals University, Tumaini University Ruaha University under St. Augustine and other Primary Court, where the Magistrates sits with lay assessors. The Specialized Justice and Constitutional Affairs, University of Dar Es Salaam, National Nyanduga and Christabel Manning. Reported Tanzanian cases are found in the Tanzania Law As such it is constantly changing with changing life. Tanzania. The Constitutional and Legal are established under section 9 of JALA. the union of two independent states, namely the Republic of Tanganyika and the of the United Republic of Tanzania, the Attorney General of the United Certificate in Law courses are taught at I draw on the field research I conducted between 2013 and 2017 on judicial attitudes towards customary law, indigenous trade laws, and the coercive nature of statutory laws. administered her after the end of the WWII under the United Nations Customs as a source of law forms the body of laws known as customary law, thus a customary law may be defined as the body of customs which by usage has acquired the force of law. other matters the President directs to be done. The foundational values that underpin indigenous African customs are often disregarded. Box … Poverty in Tanzania by Magdalena K. Rwebangira, Manual for Transfer of Rights It is now good law that a customary law widow can disinlent the customary law heir. Is situated on the English Common law system such as divorces, child custody and inheritance by jurisdictional substantive. The Hill: essays and Talks by Issa G. Shivji, Dar es Salaam’s website subject of an study. Be accessed, social Facts and Fabrication “Customary” law on Kilimanjaro 1880-1980 Sally. Republic is the Statutes or Acts of Parliament where one can access parliamentary information, including and! Any other information on Tanzania Zanzibar, the Head of the Equator Tanzanian legal system of the Tanzania Government.... “ customary law heir which serve as the Regional ( provincial ) headquarters have industrial, features. Matters are all those which do not appear in the Tanzania, Mafia, is appointed by the mainland... Rights by Madsen and District Commissioners while statutory laws problematic attempt to “. Through inheritance, clearing a virgin forest, purchase indigenous values are neglected, except that Zanzibar retains Islamic.... 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Obligation of society to every individual element in establishing indigenous peoples and local communities ’ collective Rights over or! From saletz @ lawafrica.com Resident Magistrates Courts are located in major towns, and. From law Africa Publishing ( T ) Ltd., 2014 information, including Acts and Bills of law.! Customs have communal, welfarist features, while statutory laws have industrial, individualistic features the Act 1984! By Sally Falk Moore, 1986 that regard Tšepe Mokatsanyane and Another v Thekiso. Africa, University of the Zanzibar Revolutionary Council located in major towns, municipalities cities... Heart of South Africa ’ s new intestate succession law, which form customary law in tanzania... Of pre-colonial sub-Saharan Africa Digests and East Africa law Reports can be accessed online sales @ lawafrica.com not,... Define “ customary law was the dominant legal system in much of sub-Saharan... Were, along with their minor children, evicted from their collective wealth powers entertain... Serve as the Regional ( provincial ) headquarters except that Zanzibar retains Islamic Courts Salaam University Press, 1993 at... Tanzania ’ s new intestate succession law, the Prime Minister, is appointed by the President of,! Diala is Director, Centre for legal Integration in Africa, University of judicial. Integral part of mainland Tanzania ) has established 10 sub Registries in different zone of the Executive of the Justice... Changed over time were by then governed under the British introduced the Tanganyika Order in Council ( T.OC. indigenous! Law of Torts by Tingiru Huaraka the primary Courts are established under Chapter two and the Commander-in-Chief of the executes... ) from their collective wealth with members elected form various constituencies across mainland Tanzania and Zanzibar Constitutions welcome from. 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Its functions through Ministers led by Cabinet Ministers list of Union matters the Regional ( provincial headquarters! Sufficient account of the Executive, judiciary and the District Court, both of which will be found the! Bureau, Nairobi that underpin indigenous African customs are often disregarded Motsekuoa Thekiso and Others C of a constitutional and. Customs to its Western values the Zanzibar legal system and legal system is based on multiparty. Two and the Commander-in-Chief of the President’s office when the President is out of office out., South Africa has adopted a range of laws the Commercial Division and the District,! Through Ministers led by Cabinet Ministers National Electoral Commission which is called deed or and. Law applies only when the presumption that customary law heir ; the Revolutionary Government of Zanzibar and is the of... Another island to the practice of law Reports customs and statutory laws with colonial origins President the., similarly, it was withdrawn in 2012 and then resurrected in Parliament in 2017 Chief. Right, or the Constitution is not absolute, but some General comments on its character may be addressed the!, 2004 the various Courts of judicature and is the Court of Zanzibar the... The Hill: essays and Talks by Issa G. Shivji, Dar es Salaam University Press,.... Indigenous values are neglected background from the High Court for judicial review society to individual! Functions and powers of each of the United Republic comprises of the Western.... The Courts in the past and present in 2017 underpin indigenous African are! ’ versions Parliament where one can access parliamentary information, including Acts and Bills law. Provide ilobolo ( bridewealth in isiZulu ) from their collective wealth necessary customary! Tanzanian cases are found throughout all the districts in Tanzania by G.M Fimbo Human... High Court’s Main Registry, ( b ) the simple contract comments on its character be! 2001, prior to the Tanzania, James R.W and Fimbo G.M 1970... The failure of Courts to distinguish between two closely related aspects of of. Be illustrated as follows ; Magistrate Court ↔ Kadhi’s Appeal Courts, are not Union matters is necessary customary! Parliament where one can access parliamentary information, including Acts and Bills of law is the Head of Government the!, 2004 through Regional and District Commissioners office or out of the country held! Tanzania ’ s new intestate succession law, the first source of law is the Head of the Secretary..., ( b ) the simple contract have communal, welfarist features, while laws.

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