System of Mainland Tanzania

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INTRODUCTION

 System of Mainland Tanzania

The legal system of Tanzania is largely based on common law, as stated previously, but is also accommodates Islamic or customary laws, the latter sources of law being called upon called upon in personal or family matters.

The judiciary is formed by the various courts of judicature and is independent of the government. Tanzania adheres to and respects the constitutional principles of separation of powers.The Constitutional makes provision for the establishment of an independent judiciary, and the respect for the principles of the rule of law, human rights and good governance.

The Judiciary in Tanzania can be illustrated as follows. The Judiciary in Tanzania has four tiers: The Court of Appeal of the United Republic of Tanzania, the High Courts for Mainland Tanzania and Tanzania Zanzibar, Magistrates Courts, which are at two levels, i.e. the Resident Magistrate Courts and the District Court, both of which have concurrent jurisdiction. Primary Courts are the lowest in the judicial hierarchy.

Differences between Court of Tanzania and Court of Zanzibar in ranks and their power in hearing cases and their jurisdiction

 High Courts

The High Court of Tanzania was established under Article 107 of the Constitution and it has unlimited original jurisdiction to entertain all types of cases. The High Courts exercise original jurisdiction on matters of a constitutional nature and have powers to entertain election petitions. The High Court’s Main Registry, (which includes the sub-Registries) caters for all civil and criminal matters. The High Court (mainland Tanzania) has established 10 sub Registries in different zone of the country. It also has two specialized divisions, the Commercial Division and the Land Division. All appeals from subordinate courts go to the High Court of Tanzania. While

The High Court of Zanzibar is structured with the same structure as the High Court of Tanzania Mainland and it subordinate Courts

These include the Resident Magistrate Courts and the District Courts, which both enjoy concurrent jurisdiction. These courts are established under the Magistrate Courts Act of 1984. The District Courts, unlike the Resident Magistrates Courts, are found throughout all the districts in Tanzania (the local government unit.) They receive appeals from the Primary Courts, several of which will be found in one district. The resident magistrates Courts are located in major towns, municipalities and cities, which serve as the regional (provincial) headquarters. While in Zanzibar have magistrate courts.These Courts  of Zanzibar have jurisdiction to entertain cases of different nature, except for cases under Islamic law, which they have no jurisdiction to try which are tried in the Kadhi’s courts.Kadhi’s Appeal Court

The main role of the Kadhi’s Appeal Court of Zanzibar is to hear all appeals from the Kadhi’s court, which adjudicates on Islamic law.

Kadhi’s Courts

These are the lowest courts in Zanzibar which have adjudicate all Islamic family matters such as divorce, distribution of matrimonial assets, custody of children and inheritance but only with Muslim families.

Primary Courts

The primary courts are the lowest courts in the hierarchy and are established under the Magistrates Courts Act of 1984. They deal with criminal cases and civil cases. Civil cases on property and family law matters which apply customary law and Islamic law must be initiated at the level of the Primary Court, where the Magistrates sits with lay assessors. (The jury system does not apply in Tanzania). While in Zanzibar, These have the same rank as the Kadhi’s Courts and they deal with criminal and civil cases of customary nature.

 

 

 

 

 

 

 

Conclusion

Generally through their differences between of court in Tanzania and court of Zanzibar can support us to solve the problem which facing in community example land of dispute. by this time the union of Tanganyika and Zanzibar had been concluded and a dual jurisdiction system was formed where Tanzania Mainland and Zanzibar maintained their own judicial hierarchy system.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

References

Constitution of United republic of Tanzania.

Ms.christabel Manning , Tanzania women lawyers association-TAWLA.

 

 

 

 

 

 

 

 

 

 

 

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