There is also a Constitutional court that was formed for resolving disputes that arise between Tanzania Mainland and Zanzibar. Local courts are presided over by appointed magistrates. Th… Existing courts of resident Magistrates to continue. The High Court of Zanzibar has exclusive original jurisdiction for all matters in Zanzibar, as is the case for the High Court on mainland Tanzania.The Zanzibar court system is quite similar to the Tanzania mainland system, except that Zanzibar retains Islamic courts. Under the Constitution of Tanzania, Justices and Magistrates are independent of the government and subject only to the Constitution and the law. The courts in the United Republic of Tanzania are arranged in a clear and very simple court hierarchy which has both superior and subordinate courts arranged in a hierarchical manner. The High Court has its headquarters in Dar es Salaam and is itinerant, holding sessions in the regions. Article 108 (i) there of establishes the said High Court. Regional magistrate court, District courts, and Primary courts. Court system refers to the legal framework of judicial organs in Tanzania. Like Caesar's wife, they must be beyond The High Court of Tanzania (Commercial Court inclusive) is a creature of the Constitution of the United Republic of Tanzania. There are separate high courts for Mainland Tanzania and Zanzibar which handle the civil and criminal cases of both regions separately. This system remained undisturbed until 1984 when the present court system was introduced through The Magistrates Court Act 1984. I once argued in one of my columns that our criminal justice system was in a crisis; little did I know that it was a worldwide phenomenon not only a poor country like Tanzania. Ministry: Justice and Constitutional Affairs. The High Court has its headquarters in Dar es Salaam and is itinerant, holding sessions in the regions. However, there was significant development in 1977 when the Constitution came into force and when the Court of Appeal of Tanzania was established in 1979. The special constitution court in Africa is the apex court in the country of Tanzania and is a court which is only especially held when there is a dispute between the Zanzibar area and the Tanzania Mainland. After the Treaty of the Union, the two countries continued to remain with their own legal systems including court structures. A specialised and independent quasi-judicial body established to expeditiously adjudicate appeals that arise from the decisions and orders of the Fair Competition Commission (FCC) and the regulatory authorities in the utilities and infrastructure sectors. Court and of all other courts established in Tanzania. In the 1977 Constitution of the United Republic of Tanzania, the High Court of Tanganyika whose jurisdiction was and still is territoriality limited to Tanzania Mainland (formerly Tanganyika) was called the High Court of Tanzania and the High Court of Zanzibar retained its original name. Before colonialism customary dispute resolution was organized by traditional institutions such as council of elders, the chiefs etc. The High Court of Tanzania (for mainland Tanzania) and the High Court of Zanzibar are courts of unlimited original jurisdiction, and appeals there from go to the Court of Appeal. No plans are in place to manage the recordings over time. But Principal Judge Ferdinand Wambali said it’s the court staff who will make the biggest difference to the public’s perception of the judiciary. This court has registry in Pemba and in Zanzibar but the registry in Pemba does not have a resident judge. judicial system that the judiciary and in assessing a judge the public will have regard not only to his judgments in Court but also as to his way of life. The judiciary is the body empowered by the constitution to dispense justice by giving decisions on various legal issues brought before it and interpret the laws. There is a separate registry and case management system. The high courts in Tanzania mainland are further subdivided into three parts which are given as follows: The high courts in Tanzania have registries in Moshi, Tanga, Arusha, Iringa, Bukoba, Dodoma, Mbeya, Tabora and other regions and all of these registries have their own resident judges. There should be no hint of guile or deception throughout the process.4 1.2 Criminal Justice System of Tanzania Tanzania's legal system is based on the English Common Law system.5 It derived this system from its British colonial legacy, as it does the system of government, which is based to a large degree on the Westminster parliamentary model. Judges of Appeal and High Court judges have tenure of office until retirement. The judiciary in Tanzania is composed of the Court of Appeal of Tanzania, which is the highest court in the country. The Court of Appeal is the supreme court and the final appellate court; it is presided over by the chief justice. The Zanzibar court system is quite similar to the Tanzania mainland system, except that Zanzibar retains Islamic courts. The judiciary is the body empowered by the constitution to dispense justice by giving decisions on various legal issues brought before it and interpret the laws. 74. COLONIAL COURT SYSTEM. Jurisdiction of magistrates' courts Act The High Court of Zanzibar has exclusive original jurisdiction for all matters in Zanzibar, as is the case for the High Court on mainland Tanzania. 71. The Judiciary consists of four tiers: the Court of Appeal, the High Court, Magistrates Courts (Resident Magistrates Courts and District Courts) and Primary Courts. The High Court of Tanzania (Commercial Court inclusive) is a creature of the Constitution of the United Republic of Tanzania. It hasn’t been formed inspite of the disagreements on the nature of union and interpretation of the union. Tanzania - Judicial system Mainland Tanzanian law is a combination of British, East African customary law, and Islamic law. The highest level court beside the special constitutional court in mainland Tanzania is Tanzania High Court. The Zanzibar court system is quite similar to the Tanzania mainland system, except that Zanzibar retains Islamic courts. examines the development of the court system in the post-colonial period and ... APRIL 1989] Courts in Tanzania and Zanzibar 397 was, originally, a representative of the Sultan with almost complete executive and judicial powers. The Zanzibar court system is quite similar to the Tanzania mainland system, except that Zanzibar retains Islamic courts. The Zanzibar court system parallels the legal system of Mainland Tanzania, and all cases tried in Zanzibari courts, except for those involving constitutional issues and Islamic law, can be appealed to the Court of Appeals of the union. The Court of Appeal of Tanzania, established under Article 108 of the Constitution, is the highest Court in the hierarchy of judiciary in Tanzania. tanzania court system hierarchy Court system refers to the legal framework of judicial organs in Tanzania. The ‘For the Record’ system has been installed in the Court of Appeal, High Court, Commercial Court, Land Court and Labour Court. This system remained undisturbed until 1984 when the present court system was introduced through The Magistrates Court Act 1984.However, there was significant development in 1977 when the Constitution of the URT came into force and in 1979 when the Court of Appeal of Tanzania … Geographical location of the Court, Subject Matter, and Value of the subject matter OTHER HINTS ON JURISDICTION IN TANZANIA (i) Original Jurisdiction: exclusive power of the Court to receive and hear the matter. A network of primary and district courts has been established throughout the country; right of appeal for the district courts is to the high court. Tanzania’s judiciary is appointed by the president in consultation with the chief justice. 70. And as a result, time after time, people convicted and sentenced for serious crime are released because the trial results are declared a … COURT SYSTEM OF TANZANIA MAINLAND. In the history of the union of Zanzibar and Tanganyika, the special constitutional court has never been formed. Write CSS OR LESS and hit save. 75. All rights reserved. Other more specialised courts include the Commercial Court and the Land Court. the coming of colonialism disrupted the system, formal courts … The Commercial Court being a Division of the High Court, is just one of the several Divisions that are to be established. Article 107A and 107B of the country’s constitution gives authority to the judiciary, and expressly states the independence of the judiciary. Tanzania is a country which was formed by the union of Zanzibar and Tanganyika in the year 1964. Directions. Article 108(i) there of establishes the said High Court. In 1964 Tanganyika and Zanzibar formed the United Republic of Tanzania. The Republic of Tanzania's legal system borrows from the British common law and incorporates traditional and Islamic laws. It does not share facilities with other divisions. The High Court of Zanzibar has exclusive original jurisdiction for all matters in Zanzibar, as is the case for the High Court on mainland Tanzania. It has unlimited civil and criminal jurisdiction and hears appeals arising in the lower courts. What is Hierarchical Organization Biology? “We are also looking at the integrity of people, of personnel, in the judicial system,” he said. A national apex institution that oversees the implementation of empowerment initiatives in Tanzania. Also, a decision by a higher court (for example a court of appeal or supreme court) is binding upon a lower court. The first court to be introduced was the Consular Courts, and then followed by the Liwalis' Courts, Peoples' Courts and finally the present dual system of Subordinate Courts with the High Court of Zanzibar as the appellate court, this was introduced in 1985 by the Zanzibar Constitution of 1984 and legislations passed by the House of Representatives.The subordinate courts consist of Civil Subordinate Courts … District Court. Matters Pending in subordinate courts. Certain additional qualities like love for children, sympathy with their problems and imaginative insights into their problems are qualities needed for a magistrate in a juvenile court.The court system in Tanzania consists of High Court, and lower courts i.e. Supreme court: Court of Appeal. 73. It is essential to note that the High … The independence of the Judiciary is guaranteed under Articles 4 and 107B of the Constitution of the United Republic of Tanzania. The lower court must follow what the higher court has said, in another case where the circumstances are similar. To understand the hierarchy of courts in Tanzania in more detail, you can go through the following given information. There are separate high courts for Mainland Tanzania and Zanzibar which handle the civil and criminal cases of both regions separately. The e-filing system will help improve Tanzania’s court recordkeeping and active case roll. The main sources of Tanzanian court decisions are found in the following documents. What was before the District Court was the probate matter from the Primary Court that had been called to the District Court so that the appellant could be legally represented. A kadhi was the judge where the liwali did not have the Matters pending before local courts and Regional Local Courts Officers. 72. i.e how the judicial organs have been organised or arranged in Tanzania. 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