THE UNIVERSITY OF DODOMA

COLLEGE OF BUSINESS STUDIES AND LAW

DEPARTMENT OF LAW

Questios. Explain and discuss the application of Doctrine of Ministerial Responsibility in

Tanzania.
PRESENTATION WORK.

Ministerial Responsibility. A fundamental constitutional principle in British west minister parliamentary

system according to which ministers are responsible to the parliament for the conduct of their ministry
and government as a whole

TYPES OF MINISTERIAL RESPONSIBILITY

A) Collective ministerial responsibility.

B) Individual ministerial responsibility.

A. COLLECTIVE MINISTERIAL RESPONSIBILTY .refers to the constitutional convection in which

the ministers are responsible to implement the governmental decisions that are passed by the cabinet even
if one or some ministers in the cabinet do not agree privately. For example, the minister went against the
consensus of the cabinet and resigned in Augustine Lyatonga Merman in 1995. Under Article 53(2) 1,
establishes the principle of ministerial responsibility especially on collective ministerial responsibility

B. INDIVIDUAL MINISTERIAL RESPONSIBILITY; entails that the minister is personally answerable

to the parliament and the president in connection with conduct under his ministry. For any acts or
omission done by the officials under the ministry will be termed to be done by the minister so the minister
is answerable the acts and omissions. The conduct includes corruption or misbehavior under the ministry
even if the minister has no knowledge of what is happening in the ministry. For example Professor
Suspected Muhongo was forced to resign by the president Magufuli from the office of ministry for
Energy and Minerals as the result of the embezzlement observed after the commission established by the
president observing that the mineral sand, so called MAKINIKIA was transported outside the country
without paying tax.
CONTENT OF THE WORK.

The presentation is basing on the application of the doctrine of ministerial responsibility on Tanzania as
elaborated under the constitution of the United Republic of Tanzania and other laws as well as decisions
of the courts as follows;

a. Passing the vote of no confidence against prime ministers Parliament is given power by the
constitution under Article 53A (1) that parliamentarians are hereby given power to vote for no
confidence to the Honorable prime minister of the United Republic of Tanzania. For example, in
1
Constitution of United Republic of Tanzania (1977) as amended from time to time
 2012 Zitto Zuberi Kabwe submitted the petition to the parliament to vote for no confidence
against the prime minister Honorable Mizengo Kayanza Peter Pinda after providing the statement
while addressing the parliament that policemen have to beat and torture whosoever demonstrates
b. Resignation and revocation of appointment of ministers. The events where the ministers are
alleged not implementing their constitutional and political responsibilities that endangers the
public interest. On the ground of endangering the public interest namely governmental loss then a
responsible minister will be held liable for the actions or omissions of the department of the
ministry. For example in 2017, the president of united republic of Tanzania asked Honorable
Suspected Morongo to resign.
c. Responding questions of the members of parliament on public affairs. under Article 63 (3)
(a) of the constitution of united republic of Tanzania provides that National Assembly is hereby
provided with power to ask questions to the ministers concerning the public affairs and ministers
are to respond questions.

Weaknesses of the doctrine of ministerial responsibility

I. The doctrine presumes ministers to know everything under the ministry

II. The revocation of appointment of certain minister does no hinder the appointment of the
same minister to hold office of another ministry.
III. Ineffectiveness of Multiparty system.

CONCLUSION

But there are some circumstances which exempted that ministers from the liabilities and among of such
circumstances are; if a certain minister prohibit one of his or her servant to perform certain thing a certain
manner and that servant had did such thing in a way which was prohibited by that minister and that
minister will not be liable, but also if the misconduct was performed by the civil servant under the
delegated authority then that minister will not become liable.

For example in the Ministry of Health, Community development, Gender, Elderly and Children there are
servant in national laboratory who were removed from the job because they had failed to do their work
faithful and they provide wrongful information concerning the people who were affected with corona
virus, and to that matter the Minister of Health, Community development, Gender, Elderly and Children
Honorable Ummy Mwalimu was not liable for the act done by the servants of her ministry.