Legal System Notes in Tanzania

The National Legal Aid Organization, nola, is an autonomous, voluntary non-governmental organization originally founded in 2002 by practicing lawyers dedicated to using the law to advance the cause of legal, social and human rights in the country. It was registered as an NGO under the Companies Ordinance, Chapter 212 of the Revised Laws of Tanganyika on 31 January 2003. Currently, nola has eight legal aid centres in Mbeya, Iringa, Songea (Ruvuma), Mtwara, Dodoma, Kigoma, Tabora and Mwanza. Through this program, nola is committed to ensuring effective representation before the courts, strategic litigation, public interest litigation, research, advocacy, advice and legal assistance to vulnerable groups, particularly in rural areas, including juvenile offenders, disadvantaged women, HIV/AIDS victims and the poor. Nola`s vision Nola`s vision is to improve the right of access to justice for all in rural Tanzania. Nola`s mission statement; Nola`s mission is to enable the development of a society in Tanzania free from crime and human abuse. And it respects human rights, democracy and good governance. This mission is achievable through: Dr. Omar Ali Juma became the first Vice President of the multi-party system, preceded by Dr. Ali Mohammed Shein after his death in July 2005. Mr. Shein had been Vice-President under the Mkapa regime since 5 July 2001, prior to the 2005 parliamentary elections.

It was established in 1993 under section 74, paragraph 1, of the 1977 Constitution of the United Republic of Tanzania. The Commission was established to monitor, coordinate and establish appropriate procedures for the conduct of multiparty elections. It is responsible for public elections at the presidential, parliamentary and municipal levels. This followed the enactment of the Political Parties Act (No. 5 of 1992) and the amendment of existing laws such as the Electoral Act (No. 1 of 1985), the Local Government (Elections) Act (No. 4 of 1979) and related laws aimed at eliminating the one-party system. www.tanzania.go.tz/nsgrf.html Report on Poverty and Human Development HakiElimu members are the ultimate “rightful owners” of the organization and are responsible for overall governance and oversight, including the election of the Board of Directors and the appointment of independent auditors. The Management Board currently consists of five persons, including the Executive Director, who acts ex officio.

The Board of Directors is responsible for the governance of HakiElimu, including setting general policies and financial/operational policies, overseeing the implementation of the program, and appointing the senior management team. The term of office of the members of the Board of Directors is normally two years, which may be extended. Currently, three of the five board members, including the chair, are women. The Zanzibar Legal Support Centre was founded in Zanzibar in February 1992 as a non-governmental organization whose purpose is to provide legal services to the poor, women, children, the disabled and other disadvantaged groups in society. The Centre also strives to provide education and awareness of people`s fundamental rights and duties. Common law is a body of law derived from judicial decisions (also known as precedent or judicial law or jurisprudence), as opposed to statutes or constitutions, and differs from a system of civil law and canon law. In common law legal systems, it is the basic system of legal concepts with the techniques of their application before the courts. [2] [3] [4] [5] [6] At the heart of all common law systems is the principle, known as stare decisis, that judges should decide cases according to uniform principles and rules so that similar facts lead to similar results. The decisions of the courts, which draw their sources from the Qur`an, the Sunnah of the Prophet, the Ijma (the consensus of the Orthodox community) and the Qiyas (the method of analogy), impose the application of clemency in relation to strict Islamic rules.

Local legislators and a mix of customs have contributed to its modification and enforcement. Prior to independence, however, a two-tier judicial system allowed for its application in Tanganyika, where Islamic law and secular courts applied other civil and customary laws of Liwali`s courts. In 1963, a system was introduced to merge the two. However, Zanzibar still has a two-tier system in which the Islamic courts known as kadhi coexist with secular courts. In mainland Tanzania, the common issues decided under these laws are those decided under the Marriage Act, c. 29 R.E. 2002; Administration (Small Estates) Ordinance, Chapter 30 R.L; Law No. 57 of 1964 on the Reformulation of Islamic Laws; Trial Courts Act, Chapter 11 R.E.

2002 and Waqf Commission Order, Chapter 326 R.L. Tanzania Communications Commission (TCC): www.tanzania.go.tz/tcc.html Before a candidate can apply for registration as a lawyer, he or she must complete an LL.B and complete an internship for a period of at least six months and another six-month student in a recognized law firm or other practicing legal entity. The application for registration is made through a petition addressed to the Chief Justice and a successful candidate must write a bar examination three times a year. The decision to formulate this regulation was taken in 1989 after it was recognized that there were a large number of women in the country who faced legal problems without the necessary resources for legal aid services. In 1989, the programme was the first legal aid for women in Tanzania. WLAC is open to all women, regardless of religion, race, colour, political or ethnic affiliation. WLAC has expanded and now promotes and protects the rights of women and children. Consultation; representation before the courts; legal advice and preparation of legal documents; Reconciliation or mediation In addition, every Thursday, volunteers facilitate legal training for clients. The Women`s Legal Aid Centre has served hundreds of clients with legal problems and human rights violations. For example, in 1998, it served 3412 clients. In 2000, it served 3266 clients. In 2001, he served 4180 clients.

The most common issues dealt with range from marriage, violence, custody and alimony, inheritance and inheritance issues, civil matters, land issues and labour issues. Since 1977, the Constitution of the Union has been amended thirteen times. Among the most significant changes was the Fifth Amendment of 1984, which amended the Constitution to incorporate the provisions of the Bill of Rights. In 1992, the Constitution was amended by the Eighth Amendment to pave the way for a multi-party system in Tanzania, followed by another major amendment in 1995. This was the Eleventh Amendment to the Constitution in which, by electing a Vice-President, it was declared that he became a member of the Cabinet of the Union by a Vice-President and thus the President of Zanzibar. Four major changes were made to the Thirteenth Amendment. — the procedure for announcing the results of presidential elections, which was to be determined by the largest number of votes, in order to replace the previous practice of majority voting. (ii) Thirty per cent of seats in the National Assembly are reserved for women. (iii) Declaration of independence and exclusive powers of the judiciary in the Constitution. (iv) Incorporate into the Constitution the provisions establishing the Commission on Human Rights and Good Governance. WLAC is headquartered in Dar es Salaam, but its commitment is aimed at women in both urban and rural areas. The Centre has established sixteen (16) paralegal units for grassroots outreach.

Paralegals counsel women and children in need. They also accompany them to court to obtain moral support. Other issues are resolved amicably through reconciliation sessions. International Human Rights Law and Criminal Justice in the African Great Lakes Region By Dr. ABD ALMAGEED AWAD ABD ALMAGEED EISA 2019 This book aims to examine the positive impact of international human rights law and regional and sub-regional intergovernmental organizations on the protection of human rights.