©Praygod Manase, Makumira university college firstname.lastname@example.org.
decisions are executed. Whereby, a breach of any of the aforementioned categories leads toadministrative injustice which directly amountsto a breach of the most fundamental rights of human beings, which define relationshipsbetween individuals and power structures
especially the State, “Human rights”.
Humanrights delimit State power and, at the sametime, require States to take positive measuresensuring an environment that enables allpeople to enjoy their human rights
TheTanzanian courts have to a great extent dealtwith the first part i.e. the manner and qualitythe government in regard to its statutes andpolicies and has set a number of legislations asbeing null and void by reason of being amongothers unconstitutional, unjust and againsthuman rights .
In this regard, the major areaof concern will be the execution of thegovernmental decisions and orders assumingthat all the governmental orders, policies andlegislations are just and fair as a result of beinginto permanent judicial scrutiny.
major concern will be based on the executersof the orders especially the police forces.
The police force is one of the most noticeableexecuter of government policies and orders. Itis also one of the government institutions whichwork so close to the citizens and society aswhole. The police in performing their dutiesare vested with immense powers which must becontrolled to prevent their misuse. Alsocontrolling the police itself is a source of tremendous powers that can be misused toserve partisan interests.
However police, like any other corporateorganization and any ordinary citizen, is aboveall accountable to the law. Armed with themighty of the State and empowered to useforce against ordinary citizens, the police in itsspecial role of performing a service for the
good of citizens with the citizen’s money is
answerable not only for its wrongdoings butalso for its performance.
In practical terms, it is the duty of the policewithin the context of maintaining law andorder to prevent the commission of offences, toapprehend those believed to be committing orabout to commit or to have committedoffences and bring them to justice. The corefunctions of the Police Force in Tanzania arestated under section 5 of the Police Force andAuxiliary Services Act Cap 322 as follows:
…The Force shall be employed in and
throughout the United Republic for the preservation of peace, the maintenance of law and order, the prevention and detection of crime, the apprehension and guarding of offenders and the protection
As noted earlier the police in performing theirfunctions are endowed with much power, whichif not controlled effectively it can be abusedand occur injustice and breach of human rights.In many African countries, the Police Acts vestthe control in the head of the police force, butsubject it to the directions given by thePresident or the Minister, which are binding