You are on page 1of 10

THE UNIVERSITY OF DODOMA

COLLEGE OF HUMANITIES AND SOCIAL SCIENCES


SCHOOL OF SOCIAL SCIENCES
DEPARTMENT OF LAW

COURSE NAME: ADMINISTRATIVE LAW


CODE NUMBER: LW 204
COURSE INSTRUCTOR: KHARTOUM, M., Masoud
NATURE OF THE WORK: SEMINAR PRESENTATION
SUBMISSION DATE: 26th December, 2012
GROUP LEADER: MAJURA, Ibrahim W.

Question 1
Discuss the reasons for the growth of Administrative law in Tanzania.

PARTICIPANTS: GROUP No. 1

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

Definition of key terms 04

Sources of Administrative law in Tanzania 05

MAIN BODY

Reasons for the growth of Administrative law in Tanzania.. 06

CONCLUSION 09

BIBLIOGRAPHY 10

INTRODUCTION
Administrative Law, it is a branch of law which deals with the individual versus

governmental and administrative power. It covers courts restraint of actions or inactions of


public institutions, administrative processes of central and local governments, parliamentary and
subordinate legislations and the means and procedures by which the rights of individuals are
protected against the abuse of power by public and local authorities, public corporations,
tribunals and other bodies which discharge functions of public nature entrusted to them by law
for the benefit of the citizen.
According to Gerald Hogan and David Gwynn define administrative law as the law
regulating the organization, composition, functions and procedures of public authorities; their
impact on citizen; and the constraints to which they are subject.
Administrative law deals with complaints respecting government action that adversely
affects an individual. Thus, administrative law involves determining the legality of government
actions. There is a two-fold analysis: the legality of the specific law itself and the legality of
particular acts purportedly authorized by the specific law.
1.1 SCOPE OF ADMINISTRATIVE LAW
Administrative law determines the organization, powers and duties of administrative
authorities. The emphasis of administrative law is on procedures for formal adjudication based
on the principles of natural justice and for the rule making. The concept of administrative law is
founded on the following principles; power is conferred on the administration by law, no is
absolute or uncontrolled howsoever broad the nature of the same might be and there should be
reasonable restrictions on exercise of such power depending on the situation.

1.2. SOURCES OF ADMINISTRATIVE LAW IN TANZANIA


Constitution of United Republic of Tanzania of 1977 (as amended from time to time),
the Tanzanian constitution is the primary source of administrative law which embodied the
concepts of the rule of law, separation of powers, and good governance. The rule of law
embraces the principle of legality, that is nothing is above the law (not executive or
administrative) that is to say government and persons are below the law and that the act of
government, public or administrative body shall be determined by the law. Also Article 64(5),
provide that any other law which conflicts with Constitution shall be null and void, these shows
that all laws derived their legality from the Constitution. This was shown clearly in the case
D.P.P v. Daudi Pete, in this case the respondent was charged with the offence of robbery with
violence. He was denied bail by the trial court on the ground that section 148(5) (e) of Criminal
Procedures Act of 1985, provide the alleged offence is unbailable. Respondent applied for bail in
the high court, it was held that provision section 148(5) (e) was unconstitutional which is
contrary with Article 15. This shows that Constitution is the source of law in Tanzania.
Received Laws; this is where the principles of natural justice which encompass fairness
the right to be informed about an accusation or threatened action and the right to be heard in
defense of such accusation or intended action.In Tanzania this received law was received on 22
July 1920 as provided under section 3(2) these are Common Law, Statute of General Application
and Doctrine of Equity and these are used where there are Lacuna or Gap or when our Law is
silent in Tanzania.
Subsidiary legislation (delegated legislation), this subsidiary legislation defined under
section 4

as any order, proclamation, rules of the court, regulation, notice, by law or

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

REASONS FOR THE GROWTH OF ADMINISTRATIVE LAW IN TANZANIA


Before twentieth century it was believed that the King can do no wrong, but this became
out dated idea in twentieth century when the Administrative law paved the way. The reasons for
the growth of Administrative law in the world are almost similar to that of Tanzania. The reasons
facilitated the growth of Administrative law in Tanzania are clearly elaborated below:
Shortage of Parliamentary time, In Tanzania parliament meets four times in a year; the
parliament during its sessions has a lot of things to be discussed and to be solved. So the
government meet 18 weeks per year and during this time the parliament with numerous issues
besides legislating, the time is not enough for the parliament to deal in detail for every subject
requiring to be covered by legislation, due to this reason in order to ensure effectiveness of the
government it delegate some of its powers to other bodies like urban and local authority in order
to make rules and principles to guide and act as procedures to people of that area.
Technicality of subject matter of legislature, In fact to know how to read and write
Kiswahili or English is only educational requirement to be a member of parliament in Tanzania,
professional of a person in not highly considered for a person to be a member of a parliament,
the coverage of legislature often it cover a lot of things sometime that require high technique to
understand them for example telecommunication, electronic power generation, computer science,
shipping industry and marine science. All of these require law makers who have professional on

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

Judicature and Application of Law Act, [Cap.358 R.E 2002]


The Interpretation of Laws Act, [Cap. 1 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