THE GOVERNMENT
Wahat is government?
Government: Refers to the selected or appointed group of people within the society which has the power and authority to control the country.
MAIN TYPES OF GOVERNMENT
There are two main types of government which are
i. Democratic government
ii. Non-democratic government
1. DEMOCRATIC GOVERNMENT
A democratic government: is a form of government whose political powers determined by popular elections. It takes into consideration the consent of people in decision making and also acquires its legitimacy from the people through free and fair elections. Example of democratic government are government of Tanzania, Kenya are USA.
CHARACTERISTICS OF DEMOCRATIC GOVERNMENT
i. There is separation of power: these includes, executive, judiciary and parliament.
ii. Presence of rule of law.
iii. Presence of free and fair election
iv. Leaders are accountable and responsible to the people.
v. Existence of citizen participation.
vi. Presence of observation of human rights.
vii. The ruler come in to power through popular election.
viii. Existence of smooth transfer of power.
2. NON-DEMOCRATIC GOVERNMENT (Dictatorial Government)
Non-democratic government: Is a type of government where by the political power is not determined by popular elections.The government enter into power through force without majority will or gain people legitimacy. Example: of dictatorial government are like those of Adolf Hitler, BenitoMussolini, Mobutu Seseseko and Idd Amin Dada.
CHARACTERISTICS OF DICTATORSHIP OR NON-DEMOCRATIC GOVERNMENT
i. It characterized by monopartism.
ii. There is no rule of law.
iii. It characterized by totalitarianism. Only the head of the state have the final say.
iv. The head of the state come to power by force.
v. Absence of observation of human rights.
vi. There is no the national constitution.
vii. Absence of free and fair election.
FORMS OF GOVERNMENT
1. Republic government: Is a form of government which is led by the executive the president who is elected by popular votes in a general election. Normally constitutionally the president is given executive power and authority to be the heard of the state. Example: Congo D.R.C, KENYA, UGANDA.
Types of republic government
i. Presidential republic government: Is the system of the government which operate under the Presidential system. In this system the president is the head of the state and head of the government. Example: The government of united republic of Tanzania.
ii. Parliamentary republic government: This is the form of the government which operate under the parliamentary system. In this system the parliament is most supreme organ with full power and authority in the country where the prime minister is the active head of the executive and leader of the government business in the parliament. Example: The president of Ethiopia.
2. Union government: Is the form of government which formed formed when two more independent nations joined united together. The joined government totally surrender their authority/power and sovereignty to the central government or unitary government. Example the government of Tanzania. Example: the united republic of Tanzania was formed when Tanganyika united with Zanzibar on 26th/April/1964.The United Kingdom is the union of England, North Ireland, Scotland and Wales.
3. Monarchy government: This is a form of government where by the power and authority are the single person. This person is called a monarch and can be a King or Queen.
Types of monarchy government
i. Constitutional Monarchy: Is a type of monarchy government whereby the ruler of the state is a King or Queen who led the state by considering the laws of the state or constitution. Normally under the constitutional monarchy democracy and human rights are observed. Example: Britain, Japan and the Netherland. Under this system the prime minister who is elected from the political party with majority seats in the parliament become the head of the government. Normally in this system monarchy is inheritance.
ii. Absolute Monarchy: Is the kind of monarchy government whereby the King or Queen control state power without being challenged by. Example: the ruler of Saudi Arabia and former King Louis XVI of France.
4. Federal government: This is a form of government whereby the powers is divided and shared between the central government and state government. In this form of the government every member state has control over its own affairs while the central government control the overall affairs of the federal government. Federal government derive their powers from the countries agreed to unite. Example: The Government of India, United States of America.
5. Theocracy government: This is the form of government where by the state is governs by using rules and principles which are derived from the religion. In this form of the government leaders are obtained from among the clerics of the given religion. The religious leaders claim to rule the country on the behalf of God. Example: The government of Said Arabia.
6. Totalitarian Government: This is a form of government whereby only one political party is allowed to exist. Example: Nazy party under Adolf Hilter and Fascist Party in Italy under Benito Mussolini Government during the inter war period in 1920's
7. Communist Government: is a form of government whereby the means of production is owned by the government. Example: the former USSR.
8. An Anarchy Government (NO-Government): it is a kind of government whereby the state administrative authorities are performed by army. It occurs when there is no systematic form of administration legally authorized to rule the nation. This can happen after a civil war. Example in Somalia, Myanmar.
9. Revolutionary Government: It is a system of the Government which is formed after the existed government overthrown by the new government. Example: The government of republic of Zanzibar.
10. Transitional Government: It is a form of government which is created temporarily by the people and mediator in a country to oversee the formation of permanent government through free and fair elections.
11 Coalition government: This is the government formed by two or more political parties. It happens when there is a disagreement after the announcement of election results with satisfaction. For example, Zanzibar from 2010-2015 between CCM and CUF under Self Hamad, Kenya 2007 between KANU and ODM under L, Odinga.
12. Socialist government: This is the government whereby all major of production such as land, shops and industries are shared communally by the entire society or public. No one owns properties. For example, Tanzania from 1967-1980s during the period of socialism and self-reliance under Mwl. Nyerere and the former USSR.
13. Oligarchy government: This is the government which consists of rule by an elite group who rule in their own interests especially accumulation of wealth. Only few members in a society have a valid voice in the government. Oligarchy is also known as aristocracy.
It has two types which are:-
i. Theocracy: The government governed by religious leaders or familial rule (monarchy).
For example, Eritrea, Iran Saud Arabia
ii. Plutocracy: The government ruled by the richest and educated people. For example, Pakistan.
13. Democratic Republic government: Usually, a democratic republic is neither a democratic nor a republic. It is usually a dictatorial. Communist dictatorships have especially prone to this term. For example, the official name of North Vietnam was the Democratic Republic. China uses a variant “the People’s Republic of China. Another is Northern Korea.
FUNCTIONS/IMPORTANCE OF HAVING THE GOVERNMENT
1. It helps to provide social services to the citizens: These are such as hearth care, education, and safe and clean water, electricity and housing services.
2. It helps to construct and maintain infrastructure: The government is responsible for creation and maintenance of infrastructure like roads, railways, airport, schools, and hospitals.
3. It helps to promote and protect citizens and their properties: Normally the government play key function on protecting citizens by ensuring peace and security in the country.
4. It helps to protect and conserve natural resources: The government is responsible for protecting natural resources like minerals, soils, water resources, forest resources and wild animals.
5. It helps to collect revenues: government collects revenue from the citizens and external investors for the development of the country.
6. It helps to formulate good development policies: The government under the respective organs or ministry is responsible for formulation of good development policies for rapid national development.
7. It helps to promote and maintain international relations with other countries: The government is responsible for creating good relations with other countries for the national benefits.
THE NATIONAL CONSTITUTION
National constitution: is a body of rules and principles that shows how the country is governed. It is the fundamental law in one or more documents which constitutes state power and defines the relationship between organs of the state and citizens.
TYPES OF CONSTITUTIONS
There are two types of constitution ,namely Written constitution and Unwritten constitution.
1. Written constitution: Is the type of constitution where by in the country there is official written document which show the rules and regulation according to how the country is governed. For example: Tanzania, Kenya, USA.
ADVANTAGES OF WRITTEN CONSTITUTION
i. It is simple, clear, precise and consistent.
ii. It can readily be consulted or referred in case of doubt or disputes.
iii. It states clearly the power and relationship between different organs of the state, hence creation of harmony.
iv. It spells out the fundamental liberties and rights of the people.
v. It is portable; therefore, it can be accessible when needed.
vi. Important information cannot be forgotten easily.
WEAKNESS OF WRITTEN CONSTITUTION
i. It is more detailed that it invites disputes and disagreement in interpretation. For example, Tanzania constitution has ten chapters and more than 150 articles.
ii. It tends to be rigid or static as it is unable to respond quickly to the changing circumstances.
iii. The procedures to amend is usually slow and takes a long time. The delay can easily lead to civil unrest disorder.
iv. It is extremely costly as it needs time and money for discussion.
v. Some information can be out of time or outdated. For example, the policy of self- reliance and socialism in Tanzania is no longer active.
vi. It is discriminative as illiterate is exclude from using the constitution
2. Unwritten constitution: Is the type of constitution whereby in the country there is no official written document which show the rules and regulation according to how the country is governed. Example: Britain. Is the one which basic principles are not written in a single document but they can rely on various document and other parts of reference. For example, Britain and many Monarchy governments. However unwritten constitution relies on documents such as:-
i. Statutes: Refers to a written law that is formally created or passed by a government especially the national parliament.
ii. Customary: Refers to the laws that are according to customs and traditions of a given society.
iii. Precedent practices: Refers to an official action or decision referring to an earlier event that is regarded as an example or guide to be considered in subsequent similar circumstances. This is something that sets the standard for the future event. It is confirming to establish practice of accepted standards of tradition.
iv. Conventional practice: Based on or in accordance with general agreement, use or practice.
ADVANTAGES OF UNRITTEN CONSTITUTION
i. They are easy to amend and change because it is sometimes made temporarily
ii. They are flexible and adaptable to changing conditions
iii. The procedure to amend unwritten constitution is usually quick and takes short time
iv. They have fewer details that are easy to interpret and cannot invite disputes
v. It treats all group of the society equally
DISADVANTAGES OF UNRITTEN CONSTITUTION
i. They can easily be manipulated by those in power to disadvantages of the citizens
ii. They seem to be unsuitable for young nations like Tanzania or federal government
iii. They cannot be referred since are not documented. They are passed through agreement
iv. Important information can be forgotten.
THE CONSTITUTION CHANGES
Tanzania under went several constitution changes since independence, therefore those are:-
1. The independence constitution of 1961: It was made by the British colonialist. It was used when Tanganyika got her independence and when Mwl. Nyerere was a prime minister.
2. The Republic constitution 1962: It was made by the constitution Assembly when Tanganyika proposing to make the country a republic Mwl. Nyerere was elected to be first president of the republic of Tanganyika.
3. The Union constitution 1964: it was the time when Tanganyika and zanzibar united. It was made by president of Tanzania after the union of Tanganyika and Zanzibar.
4. The interim constitution of Tanzania 1965: It was made by the parliament of the United Republic of Tanzania. This constitution declared Tanzania a single party state where by TANU of Tanzania mainland and ASP of Zanzibar where the only political parties recognized by the constitution.
5. The constitution of the United Republic of Tanzania of 1977: It was made by constitution Assembly (BUNGE) when TANU and ASP to form Chama cha Mapinduzi( CCM).
5. THE CONSTITUTION OF UNITED REPUBLIC OF TANZANIA (PERMANENT CONSTITUTION) 1977's.
The constitution of the United Republic of Tanzania of 1977: It was made by constitution Assembly (BUNGE) when TANU and ASP to form Chama cha Mapinduzi (CCM). After the formation of CCM in 1977, the permanent constitution was approved.
This constitution essentially confronts the main principles of the republican and interim constitution that is strong presidential double government structure and a single party. Since 1977, several amendments have been made to the original constitution; many of these are related to the relationship between the united government and the Zanzibar government.
CHANGES WHICH WERE MADE IN THE PERMANENT CONSTITUTION
1. Introduction of constitutional debate: Normally by the 1983 the ruling party was launched/allowed strong debate on the constitution of united republic of Tanzania debated on the following issues:-
i. The power of president.
ii. Consolidation of authority of the Parliament.
iii. Strengthening the representative characters.
iv. Consolidation of union.
v. Consolidation of people's power.
2. Introduction of multiparty system: Normally by the mid of 1992 Tanzania and other African countries experienced the wave of shifting from the single party system to multiparty system caused by north internal and external factors.
3. Introduction of bill of human rights: This was the another change occured over the constitution of united republic of Tanzania (permanent constitution) where by Tanzania included the bill of human rights in the constitution by the 1984 as the implementation of UN a gender of 1948.
4. Introduction of vice president of united state of Atanzania as the running mate in the election while the president of Zanzibar become the member of union cabinet by the 1995.
5. Changing in model of electing presidents: Normally by the 2000 the constitution of united republic of Tanzania was declared that the presidents have to elected by higher voters.
6. Establishment of judiciary as the self independent organ: Normally by the 2000 the constitution has passed the self autonomous to judiciary as self independent organ of the state hence to anybkind of interference.
CHARACTERISTICS/ QUALITIES OF A GOOD CONSTITUTION
1. Adaptability: A good constitution must adopt changes so that to meet the demand of the citizens and country.
2. Responsibility and transparency: A good constitution must be put in practice its laws and then rule and regulations from the constitution should be openness to the citizens.
3. Separation of power of government: This means that a good constitution must state define the type of the government used in the nation by separating its organs (Judiciary, legislature and Executive).
4. A good constitution should be able to represent people in the government.
5. Protection of fundamental human rights of the citizens: A good constitution must include the bill of human rights.
6. Clearity: A good constitution must be written by the languages which are well understood by people or citizens of the given country.
7. Independent judiciary and equality, freedom and justices: The constitution should Abe to promote equality to all citizens in the country, all laws and regulations should be derived from the constitution, then a good constitution should able to defend the country's sovereignty.
MAJOR PARTS OF CONSTITUTION
1. Tittle/name of a constitution: All constitutions have titles for example, Our constitution “THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA 1977”
2. Preamble: It means introduction to the constitution. It defines the constitution foundation. The preamble in the URT institution cites the principles of freedom, justice fraternity as the building back to Tanzania (constitution) democratic.
It also contains of a statement by the constitution assembly of URT to behalf of the people for building a society that is governed by a government that adheres to the principle of democracy of socialism.
3. Aims of the organization: It is the aim of the organization for which the constitution is made. The ultimate of URT is to have a ration of equal and free individual enjoying freedom, justice and fraternity through the pursuit of socialism and self-reliance.
4. Membership and leadership: In an organization or dub, membership may be selected where as in our republic sovereignty belongs to the people. It is from them that the government via constitution derives all its power and authority.
5. Decision making process: The parliament is obliged to make laws of the state.
THE STRUCTURE OF THE TANZANIA’S CONSTITUTION.
Therefore, the structure is that of our permanent constitution of 1977. The constitution is divided into ten (10) chapters:
1. CHAPTER ONE: It has several parts (three parts) united.
PART I: This declares the United Republic as a single sovereign country and describes its territory. The URT is proclaimed to be a democratic multiparty and specialist state.
PART I: This state; Fundamental objectives and principles of state party. PART III: Describe the basic rights and duties of citizens.
2. CHAPTER TWO: This describes the executive of the United Republic.
PART I: This declares with presidency. It describes powers and duties of the president and procedure of which should the president take control and administer the country.
PART II: Deals with vice presidency. It describes the powers and duties of the vice president. It describes and the procedures of which the president. It describes and the president is obtained in a democratic country.
PART III: Deals with the prime minister and his/her duties.
3. CHAPTER THREE: It deals with legislature and the United Republic of Tanzania. It has the past which are:-
i. President
ii. Members of the parliament from the constituencies and election of MPS. Procedures, powers and privileges of parliament.
4. CHAPTER FOUR: It describes the revolutionary government of Zanzibar. The Zanzibar revolutionary council and the house of representatives of Zanzibar. It has three parts which are:-
PART I: Revolutionary government if Zanzibar and the President of Zanzibar. PART II: Zanzibar Revolutionary council.
PART II: The house of representatives of Zanzibar.
5. CHAPTER FIVE: This gives description about the high court of appeal of United Republic (and the spread of constitutional court of). The Judicial service commission for mainland. Tanzania the high court of Zanzibar, high court of appeal of United Republic. It has seven parts which are:
PART I: Dispensation (distributive / provide) of justice in the United Republic. PART II: The high court of the United Republic.
PART III: The judicial service communities. PART IV: The high court of Tanzania.
PART V: The court of Appeal of United Republic.
PART VI: The procedures for services of notices and executes of order issued by courts. PART VII: The spread constitutional court in the United Republic.
6. CHAPTER SIX: It describes the commission for human rights and good governance and the republic leader’s ethics secretariat. It has two parts:
PART I: The commission of human rights and good governance.
PART II: Public leader ethics secretariat
7. CHAPTER SEVEN: It describes the provision regarding the finance of the United Republic. It has two parts which are:
PART I: Constitution and allocation of revenue of the United Republic. PART II: Consolidate funds and the finances of the United Republic.
Consolidate funds: Means the principle government account to which all the government revenues must be deposited and from which expenditures warrants is withdrawn.
8. CHAPTER EIGHT: This deals with public authorities especially local government authority.
9. CHAPTER NINE: This gives explanation on the armed forces, especially prohibition which include the procedures for succession.
THE CONSTITUTION MAKING
Steps in making democratic constitution.
There is no universal formula for a successful Inwriting constitution, the following steps should be taken into consideration.
1. Establishment of constitutional amendment act or review act: This is the law under the constitutional will be made from.
2. Establishment of constitutional amendments commission: Recently 2011 the commission under the chairmanship of Justice Joseph Warioba was created to supervise and to coordinate the whole process. It also had several members.
3. Collection of citizens views and opinions for the new constitution: The commission is to coordinate and collect public opinions and make recommendations of each opinion. Over one million people attend meeting is in during the process of giving out their opinions. Their sector gave the citizens a lifetime opportunity that has never been granted before to give freely their opinions on what kind of constitution they would like to like to have people were asked to put forward their views and opinions on what kind of constitution they would like to have people were asked to put forward their views and opinions on what should constitute the new constitution emphasis was mode that upon giving their views and opinions supporting reasons was important.
4. Establishment of first draft: This includes all the view which were put forward by the citizens when the commission was collecting their views.
5. Establishment of citizens constitutional forum: This forum shall provide public opinions and the first draft (by those associations) constitution, through meetings organized by the commission. This forum involved and brought together representatives of various groups of people within the communities. Different religious, special groups and other groups across Tanzania meet and give their views members of the forum included those elected of village (rural & street). This is called constitutional conference where different stakeholders like religion, handicap, meet and judge the constitutional draft.
6. Establishment of second draft: This included views which were put forward by those associations, group members (of the national assembly) all those formed constitutional. They made recommendations and also group views were given out. The second draft was the custom.
7. The constituent Assembly: This is the constitutional amendments assembly which not only included members of the national assembly, but other members from different groups or associations. The constitutional assembly had two major links:-
i. To make provisions for that new constitution of URT.
ii. To make consequential and transitional provisions to the enactment of URT constitution. All in all, constituent assembly was to concentrate on what was drafted in the second draft. Referendum and the process leading to the referendum vote.
In this stage citizens had to vote for the proposed constitution. If the proposal gets a YES vote at the referendum by over 50% of all votes cast in Tanganyika and Zanzibar then we will have our new constitution. If the proposed constitution gets a NO vote at referendum by over 50% of all votes cast in Tanganyika and Zanzibar then several things shall take place. Another date for repeating the referendum shall be set within 60 days.
More sensitization shall be conducted on the referendum.
Where circumstance all give the president enough time to reconvert the constituent Assembly to consider people’s views and opinions. If we get no vote in the second round of the referendum, the 1977 constitution shall remain in force.
CONSTITUTIONAL AMMENDEMENT IN TANZANIA.
Amendment of constitution: is the process of improving or changing articles or some parts of the constitution. It can be done by CORRECTIONS, ADDITION OR DELETION IN THE CONSTITUTION. Tanzania’s constitution of 1977 has undergone many amendments.
REASONS FOR CONSTITUTION AMENDMENTS
The reasons for constitutional amendments include:
i. Conflicting laws and principles in the constitution: If laws are against the constitution, they can be discussed for changing them.
ii. The needs and current political, social and economic change.
iii. Time: it may be seen that the current constitution is outsides as it stayed for a long time, so it needs amendments.
iv. Circumstances or situations may also be considered when amending the constitution.
v. Pressure from outside: For example, United Nations, big nations like US, France, Denmark
THE PROPOSED CONSTITUTION
The head of this special assembly for proposing a new constitution of 2014 was SAMWEL SITTA. The proposed constitution was expected to be passed by popular votes 30/04/2015
CONSTITUTION AMMENDMENT
Constitution ammendment: This is process of improving / changing the laws in the constitution. In 1977 constitution has the following major amendment:-
1. The introduction of a Bill of right (1984).
2. Introduction of the multi-party system (1992).
3. Introduction of the Vice president as the president running mate in the election and the president of Zanzibar as a member of the Union cabinet (1995).
4. Change in mode of electing the president (2000).
i. The president to be elected by highest votes.
ii. The number of seats allocated to women in parliament was increased to thirty percent.
iii. The establishment of independence of the Judiciary and its power on legal matter.
iv. The establishment of the human Right and good governance commission.
IMPORTANCE OF A NATIONAL CONSTITUTION
The constitution is very importance to the country for the following reason.
1. It protects human rights in the given country.
2. It promotes fairness and justice towards the citizens.
3. It describes the form of government that is used in the country.
4. It defines the power limit of leaders in the country.
5. It shows how leaders have to be chosen.
7. It strengthen democratic practice.
8. It serve as national identity.
RELATIONSHIP BETWEEN THE GOVERNMENT OF TANZANIA AND THE CONSTITUTION
There is clear relation ship between the government of Tanzania and the national constition such as follow:-
1. The constitution of Tanzania defines the form of government used in the country. This usually is United Republic.
2. The Tanzanian government based on the principles of democracy.
3. The Tanzanian constitution established three organs of the state, Which include judicialry, executive and legislature.
4. The Tanzanian constitution shows the procedures on how leaders are elected.
5. The elected leaders take an action to defend the constitution.
6. Leaders of the government rule according to the constitution.
WAYS OF PROTECTING NATIONAL CONSTITUTION
1. People who formulated the existing constitution there must be dissolved: they must be dissolved after finishing their task.
2. Laws of the country must be derived from the constitution: The aim is to ensure that no one can make laws which contradict the constitution.
3. The court of laws must protect the constitution: so as to control all matters that violate laws.
4. Through provision of education: to the society. So that every one to protect the constitution.
5. Protecting of human rights: so that when these right is abused they can demand them at the courts of law.
6. Maintaining the rule of law: In order the constitution to be protected the rule of law should be maintained in the country.
PROBLEMS/CHALLENGES LIMITING THE FORMATION OF NEW CONSTITUTION
Normally currently in Tanzania there is process of making a new constitution that will suit the needs and interests of citizen. In this process president (J. M. Kikwete) established commission under Judge Joseph Sinde Warioba to collect views of people and how should the constitution to be formed, however, this commission faced lot of challenges as follows:-
1. Ignorance: some people they do not know the importance and the need of constitution change in the country since they are not aware.
2 Remoteness of some areas: Some communities live at very interiors to the extent that, people are not reached by ideas of constitution changes.
3. Religious differences: people always follow their religious beliefs, Muslims want Kadhi court and mainland while Christians didn’t.
4. Poor infrastructure networks: due to faces a challenge to the committee in general assembly which tend to undermine the efforts towards the constitution change.
5. Low level of civic education: as people didn’t know what is facing a place and they had little understanding in the previous constitution.
6. Poverty or lack of enough funds: Many Tanzanians are living under extreme poverty so they did attend a cooperate with the committee rather, these Were concentrating on their own productive activities like agriculture.
7. Government intervention: government does not support hundred percent the formation of new constitution.
8. Language barrier: Most laws and terminologies found in the existing constitution is written by English language, hence this brings difficult to people on making critiques on the existing constitution.
9. Limited manpower: There is the problem of shortage of enough experts to deal with whole process of constitution change since some of lawyers they do not have enough experience.
MAIN TYPES OF GOVERNMENT OF TANZANIA
There are two main types of Tanzanian government which are:-
I. The local government.
II. The central government.
A. LOCAL GOVERNMENT
Local government: Is the government formed by glass root level so as to assist the central government. The local government authorities were established in 1982.
OBJECTIVES OF ESTABLISHING LOCAL GOVERNMENT
1. To provide social services to the citizens.
2. To settle conflicts in the society.
3. To maintain peace and security to the citizens.
4. To make and approval by law.
5. To plan and implement development projects.
6. To ensure revenue collection.
7. To link the citizens with central government.
MAIN TYPES OF LOCAL GOVERNMENT AUTHORITIES
There are two (2) main types of local government authorities these are:
i. District authority/Rural authorities.
ii. Urban authorities.
STRUCTURES OF LOCAL GOVERNMENT AUTHORITY
A. DISTRICT AUTHORITY
The district authority include:-
i. The village government.
ii. The ward government.
iii. District council
1. THE VILLAGE GOVERNMENT
The village government: is the smallest unit of the local government in the district authority formed by 250 households. Villages are registered by the ministry responsible for Local government. However, the register should make sure that an area as a Village where he/she is satisfied that not less than 250 homesteads have settled and made their homes within an area of land and boundaries of that area can be particularly defined.
The structures or organs of village government
Village government works through their major organs which are:-
i. The village Assembly
ii. The village council.
iii. The village committees.
Structure of the village government
a). Village Assembly
The village assembly: is the most supreme authority organ of the village government which deal with all matters of general policy making in relation to the affairs of the village. The Village Assembly is composed of all adult persons ordinarily resident in the village. The Village Assembly meets once in every three months and may hold an extra ordinary meeting whenever there is an urgent issue to be resolved. It is consists the entire adult population living in the village. The head of the village assembly is village chairperson, who is elected by the members of village assembly.
Functions of village Assembly
1. To receive and submit reports to the village Council.
2. To receive and supervise revenue and expenditures.
3. To formulate and implement by-laws proposed by the Village council.
4. To supervise proper use of land in the Village.
5. To receive and take note of directives from higher governance levels.
b). The Village Council
Village council: is the organ of the local government which deal with all executive (government) power in respect of all affairs and business of the village. The village council comprises of not less than fifteen (15) but not more than twenty five (25) members (of whom women make at least 25%) elected every 5 years by the village Assembly. The election of the village Council is conducted in accordance with procedures prescribed by the Minister responsible for Local Government matters.
Conditions for electing members of Village council
A person in order to be elected as a member of the village council should have the following conditions:-
i. He/she has attained the apparent age of 21 years
ii. He/she is a member of a household within the village and is ordinarily resident in the village.
iii. He/she is able to read and write in Kiswahili or English.
iv. He/she has a lawful means of livelihood.
NB: The Village Council may, by resolution supported by two thirds of the members, remove the chairperson from office.
Functions of village council The Village council is required:
1. To oversee security and peace activities in the Village
2. To supervise all necessary activities for the economic and social development of the village
3. To initiate and implement different projects for promoting welfare and well-being of the residents in the Village.
4. To receive and deliberate issues raised at meeting of Vitongoji (sub-village) Assemblies.
5. To plan and coordinate the activities of and render assistance and advice to the residents of the village engaged in agricultural, horticultural, forestry or other activity or industry of any kind.
6. To encourages residents of the village in undertaking and participating in communal enterprises.
7. To participate by way of partnership or any other way, in economic enterprises with other Village councils. The Village Council is required to meet once every month but may hold an emergency meeting anytime if a need so arises.
HAMLET/KITONGOJI
THE Hamlet/ kitongoji: Is the lowest organ of Local Government in rural and peri-urban. The Hamlet or “Kitongoji” forms part of a registered Village. The law requires that the area of a Village shall be divided into not more than five “Vitongoji” consisting of such number of households or of such geographical areas as may be determined by the Village council and approved by the District Council.
Every “Kitongoji” has a chairperson who is elected by the electron college consisting of all the adult members of the “Kitongoji” in accordance with electron procedures prescribed by the Minister responsible for the Local Government and also who may be removed from office by the decision of a simple majority of such members. The chairperson of a “Kitongoji” may appoint a Committee of three persons from amongst the resident of the “Kitongoji” to advice on issues beneficial to the “Kitongji” and may also appoint one of the residents to act as Secretary.
FUNCTIONS OF KITONGOJI/HAMLET CHAIRPERSON
i. To convene monthly meeting: All “Kitongoji” residents are supposed to participate in the meeting to discuss and resolve issues relating to peace, security and development of the “Kitongoji”
ii. To maintain a register of all “Kitongoji” residents and other particulars relating to the general development of the “Kitongoji”. These include record of births and deaths.
iii. To ensure peace and security of residents and their property.
iv. To solve minor conflicts which need not to be referred to the Ward Tribunal or to the courts.
v. To mobilize residents to pay required taxes and dues as determined by the District and Village Councils.
vi.To ensure proper protection of the environment and water sources.
vii. To make follow up and makesure that all children are going to school as required.
viii. To represent the Kitongoji in the village council.
c. The village committees
Village committees: These are different committees in the village government which deal with operating different activities in the village. Normally the village commettees including planning committee, finance committee, economic committee, social services committee, security committee, forest production and water resources committee. The committees perform different roles in the village according to their specialized categories.
2. THE WARD GOVERNMENT
The ward government: This is a organ of the local government which composed of three (3) main parts which include the ward committee, ward Executive officer and the the ward departments. Normally the ward department comprised of several departments like the department of education, social welfare, agriculture, environment and livestock.
The structure of ward government
a. The ward development committee: Is the highest organ of the ward government which is under the chairperson who is ward Councillor. However the ward Councillor is elected by the citizen during general election after every five years.
Normally any scheme or program for the development of the ward should be approved by the council Chief Executive or by the Village councils concerned. The Ward development committee is required to inform all person within the Ward area about the scheme or programme and the date, time or place upon which the Ward residents will report in order to participate in its implementation. The funds and resources of the Ward development committee consist of such sum as may be determined and appropriated by the district or urban council.
Functions of Ward development commitee
i. To promote, establish and develop cooperative enterprises and activities within the Ward.
ii. To supervise and coordinate the implementation of Council project and programmes
iii. To plan and coordinates activities and rendering assistance and advice to the residents of the Ward engaged in any activity or industry of any kind.
iv. To formulate and submit to the Village councils or to the District/urban councils of proposals for the making of by-laws in relation to the affairs of the Ward.
v. To monitors revenue collection.
vi. To initiates and promote participatory development in the Ward.
vii. To supervise all funds established and entrusted in the Ward
viii. To manage disaster and environment related activities.
ix. To promote gender issues.
b. Ward executive officer (WEO): Is the leader and coordinator of all development activities within the ward. He or She is an employee of the district Council.
c). Ward departments
Ward departments: Normally ward has several departments as seen in the structure below. These include social, welfare, education, agriculture, livestock, health and finace.
3). THE DISTRICT COUNCIL
The district council: is the highest organ of the district authority. It normally composed of several officials such as:-
i. A district chairperson, who is elected from among the Councillors.
ii. Councillor from each ward in a district.
iii. Chairpersons of Village Councils elected by the district council.
Iv. Three members appointed by the minister for Local Government Authorities
v. Members of parliament from constituencies within the district.
vi. The district Executive Director (DED), is appointed by the president he or she is the secretary to the district council.
vii. District council committees: The district council has the following committees.
a. District Development Committees.
b. Finance administration and planning committee.
c. Economic construction and environment committee.
d. Education, health, and water committee.
e. Ethics committee.
THE ROLE AND FUNCTIONS OF DISTRICT COUNCIL
1. To supervise the implementation of all plans for economic development in the district.
2. To approve by-laws made by the village council.
3. To coordinates projects and programmers for the village in the district.
4. To provide environmental protection and management in the district.
5. Promoting the social welfare and economic well being to the societies.
6. To pass by – laws applicable in the district.
7. To submit by – laws to the regional officer for comments: and submitting the by – laws to the minister for local government Authorities for approval.
B). URBAN AUTHORITY
The Urban authority is composed of the following structures or organs:-
i. The town councils.
ii. The municipal council.
iii. The city council.
1. TOWN COUNCIL
The town council: is found at town level. usually, it is independent from the district council. The structure of the town council is composed of:-
i. Councillors elected from each ward.
ii. Members of parliament representing constituencies within the town.
The township has The Chairman and the Town Director who is the chief exercutive. The head of town is Mayor
2. MUNICIPAL COUNCIL
Municipal council: These are found in towns with a population of over 80,000 residents. Tanzania municipal council includes:-
i. Dodoma.
ii. Morogoro.
iii. Kinondoni.
iv. Ilala.
v. Temeke.
Members of the municipal are the same as those of town council and headed by Mayor. Officials in municipal are:
i. The mayor: is the head of the municipal council. Mayor is assisted by the deputy mayor. These two are elected among councils.
ii. A municipal executive director: He or she is a secretary to the municipal council.
iii. The chair person and vice chairperson of the municipality.
3. CITY COUNCILS
Tanzania currently has about six (6) cities namely:-
i. Dar es salaam.
ii. Mwanza.
iii. Arusha.
iv. Tanga.
v. Mbeya.
vi. Dodoma.
The structure of citiy council The city councils composed of:-
1. Councilors: one from each ward in the city.
2. Members of parliament representing constituencies within the city.
3. Six members appointed by the minister for local government Authorities from among the city resident.
1. The mayor: Elected among members in the city Councillor
2. The city director: Appointed by the president.
3. Committee of urban authority.
The urban authority committee
Urban authorities have two committees which are:-
i. Economic affairs, health, and education and environment.
ii. Finance and administration.
The Neighbourhood (Mtaa)
Neighbourhood/Mtaa: Is the smallest unit of local government in urban areas in the urban authority. However the smallest unit of local government in the urban authority is “Mtaa” or Neighbourhood Section 14 (3) of the Local government (Urban authorities) Act no. 8 of 1982 stipulates that the area of an urban Ward shall be divided into Neighbourhood (“Mitaa”) consisting of a number of households, which the urban authority may determine.
Every Neighbourhood (Mtaa) has a chairperson who is elected by a Neighbourhood (Mtaa) electoral meeting of all adult member of Neighbourhood
(Mtaa) and who may be moved from office by the decision of a simple majority of such members subject to procedures prescribed by the Minister responsible for Local government.
The “Mtaa” Chairperso is required to convene a meeting of Mtaa Assembly at least once in every two months and therefore to submit the minute of the meeting to the waard development committee. Every “Mtaa” has a Mtaa committee of not more than six members (of whom at least two should be women) elected from amongst residents of the “Mtaa” in accordance with procedures as may be prescribed by the Minister responsible for Local Government.
The functions of the mtaa committee
i. To implement Council Policies.
ii. To advise the Council on matter relating to development plans and activities of the Mtaa.
iii. To advise the Ward development committee on matter relating to peace and security in the Mtaa.
iv. To keep proper record of residents of the Mtaa and a record of other particulars relating to the development of the Mtaa is general.
v. To do such other things as may be conferred upon it by the Ward Development committee.
vi. The “Mtaa” chairperson is part from chairing “Mtaa” Assembly and “Mtaa” committee meeting required.
vii. To supervise peace and security activities in the “Mtaa”
viii. To arbitrate on minor conflicts amongst “Mtaa” resident which do not warrant to be referred to the Ward Tribunal nor the courts.
ix. To sensitise “Mtaa” residents to pay Council taxes.
x. To ensure genral cleanliness in the “Mtaa”
xi. To cooperate with the Urban council in abatement of nuisances.
xii. To follow up and ensure that every school going age child gets a place and attends classes as required.
xiii. To sensitise “Mtaa” residents to participate in developmental activities through self-help.
xiv. To perform such other function as may be determined by the Urban council.
THE ROLE AND FUNCTIONS OF URBAN AUTHORITY
1. To maintain peace, order and good governance.
2. To promote social welfare and the economic well being to the society.
3. To supervise economic development projects in urban.
4. To supress crimes and protect public and private properties.
5. To improve the provision of social services to the society.
6. To eradicate poverty.
7. To ensure environmental protection and management.
FUNCTIONS OF LOCAL GOVERNMENT
Local government are expected to perform various functions and duties which can be grouped into two major categories these are:-
i. Mandatory functions.
ii. Permissive functions.
MINOR/MANDATORY FUNCTIONS/DUTIES
Mandatory functions: are those functions and duties which are has be performed by the local government without question or any request as required by law of the country. The central government requires local governments to perform such duties and the local governments have no choice except to discharge such duties as required.
Therefore these are:-
1. To maintain peace, order, and good governance.
2. To promotes economic welfare and social well-being of all persons
3. To further the social and economic development of its area of jurisdiction in in accordance with the national policy and plans for rural and urban development
4. To formulates coordination and supervision of the implementation of all plans for economic, industrial and social development in the area of jurisdiction;
5. To monitor and control the performance of the duties and function of the council and its officers and staff.
6. To ensure the collection and utilization of the revenues of the council
MAIN/PERMISSIVE FUNCTIONS
Permissive functions: Are those duties in which the local government may perform by the request from the central government. Normally these duties depending upon needs and availability of resources like financial resource. Such functions include:-
1. To contol method of husbandry on agricultural land.
2. To establish, maintenance, operation and control of drainage and sewerage works
3. Building, equipping and setting shops and dwelling houses
4. Charging fees for services and licenses. For instance, taxes on goods and services such as crop cess, forest produce cess, hunting license, fees, business and professional license, etc
5. Building and maintaining health centers and primary as well as secondary schools.
6. Making and implementing by-laws.
THE ROLE OF LOCAL GOVERNMENT IN PROMOTING DEMOCRACY
The following are the ways through which the local government can promote democracy in the country.
1. It allows people to participate in general election: Local governments give chance to many people to participate in election by making democratic decisions through casting votes on the candidates they want. For example, they choose village chairpersons, councilors.
2. It allows more people in decision making: the local government bring about greater democratic participation of citizens through holding referenda, recalls, initiatives and citizen assemblies for collective decision making.
3. It provides chance to people to participate in making plans: Local governments provide room of involving people in planning and implementation of developed programmes. The purpose of having Local Government Authorities, ion the words of article 146(1) of the Constitution, is “to transfer authority to the people”. Local
Government authorities have been given power to participate and to involve the people in the planning and implementation of development programmes within these respective areas and generally through the country.
4. It play greater role in solving conflict: Eg. the village assembly meets once in every three months and may hold an extraordinary meeting whever there is urgent issue to be resolved.
5. It involves in making and maintainance by-laws: Local government enable the enacting of by-laws which are more relevant and which seek to realize the interest of citizen within their locality. For example, the Ward Development Committee formulates and submits to the village council to the District/urban councils proposals for the making of by-laws in relation to the affairs to the Ward.
6. It monitor and control productive projects: Local Government Monitor and control the performance of duties and function of the council and its offices and staff. For instance, the Ward Development committee supervises and coordinates the implementation of Council projects and programmes.
7. It influence citizens to participate in productive activities: Local government sensitise residents to participate in development activities through self-help and mobilize residents to pay required taxes and dues as determined by the District and village council.
THE ROLE AND RESPONSIBILITIES OF INDIVIDUAL CITIZEN IN DEMOCRATIC PRACTICES
i. Active participation in the community development: A citizen ought to be active in activities such as agricultural activities and other physical works.
ii. Participation in prevention of crime and reporting: In a democratic society the process of preventing crime and reporting crime is not only the function of the police and other forces but also the duty of every citizen. For that case a citizen has the role and responsibility of providing great cooperation to the forces such as police in order to deal effectively with any social crime in the society.
iii. Payment of taxes: Paying tax and other duties is the responsibility and role of a citizen in a democratic society. He/she has to be punctual in fulfilling this without being forced.
iv. Respect of the law and the constitution: The constitution of any country has the function of directing the country’s leaders how to run the country. It is the role and responsibility of every citizen to respect the constitution by not violating the rules which have been stipulated within it.
v. To respect others’ rights: The role and reasonability of a citizen is to respect human rights. These are right to life, right to own property, freedom of assembly and of press, etc
vi. To combat corruption: Every citizen in a democratic society has the role and responsibility of fighting against corruption. Corruption is a problem in society since it leads to laziness and delays in provision of services. Corruption also weakness human rights because one can be considered to be right if he/she has a lot money and has given bribes.
vii. Care of the environment, public property and services: Every citizen is responsible to protect and conserve the environment by using applicable methods such as a forestation and reforestation. Also a citizen has the responsibility of caring property like schools, building, roads, national parks and other services constructed by the government for public services.
viii. Participating in political matters either directly or indirectly: For example, standing in political meeting and joining political organization.
ix. To have a good conduct and behaviour: Every citizen has the responsibility of examining his/her behavior in the country he or she resides. If it seems to be immoral he/she should have a moral obligation to refrain it. For example, bad behavior such as theft, homosexuality, prostitution, use of marijuana and other social crime.
x. To exercise honesty and civility: The role of a citizen in democratic society is to be faithful for anything which is planned for development of a communication.
xi. To promote peace and harmony: It is the role and responsibility of every citizen to ensure that unity and solidarity prevail. So every citizen has a duty to ensure that any conflict that arises is settled.
STUDENTS PARTICIPATION IN SCHOOL AND IN LOCAL GOVERNMENT
Students has a duty to participate actively in function of their school as well as local government authorities.
A. In school functions
Students can participate actively in school function in the following ways:
1. Working hard in school: in order to achieve the school’s academic goals as well as their oral academic goals.
2. Conducting debates on various matters relating to their schools development.
3. Electing their students government.
4. Enforcing laws enacted by the school authority.
5. Participating in the school development project.
6. Protecting school environment.
7. Visiting people with special needs in the community.
B. In local government functions
Student can participate in the function of the local government in the following ways:-
i. Planting trees in the local area
ii. Volunteering in development projects such as construction of school, dispensaries
iii. Paying the required taxes and other duties
iv. Attending political and community meetings
v. Monitoring and criticizing local government activities against the law like corruption and embezzlement of public fund.
vi. Keeping and maintaining peace and harmony by reporting the crimes such as robbery, and insecurity cases.
vii. Being a member of any political party for the sake of governance process
viii. Staying informed about the progress of the nation by accessing information
SOURCES OF LOCAL GOVERNMENT REVENUE
1. Rents: Example of rent is:
i. Houses rent from council houses.
ii. Rent from market stalls.
iii. Land rent and services charge.
2. Licenses: A license is a permanent from an authority to come out an activity own or use something. A person can apply for a license for things such as:
i. Auctioning
ii. Driving
iii. Retail trading
iv. Entertainment.
v. Fishing
3. Duties: Duties are fees paid for certain goods and services. Example includes:
i. Customs duties, paid on goods brought in to the country.
ii. Stamp duty, paid for some legal democracies.
iii. Excise duties, paid for some goods made, sold or used within the country.
4. Contributions: Resident living in an area contribute to their local authority through.
i. Fee under by law.
ii. Court fines.
iii. Paying for the use of community centers.
iv. Hiding fund raising for community project.
5. Grant and Loans: These are fund given by the central government and various local and international agencies to the local government authorities.
THE LOCAL GOVERNMENT EXPENDITURES
Expenditures: is the process of spending or using money or any resources. The local government spends its resources or money on the following ways.
1. Payment of salaries, wages and allowance to the employees.
2. To provide social services such telephone, water and electricity bills.
3. To maintain assets. E.g council houses.
4. Paying debts.
5. Development expenditure such as road construction.
6. Disasters management. This include earthquakes, floods, disease, fire.
B. THE CENTRAL GOVERNMENT
The central government: is a national or state government which cover all parts of the country. It is concerned with national affairs and has authority over the entire territory of the country.
FUNCTIONS OF CENTRAL GOVERNMENT
i. To enforce the law.
ii. To promotes peace, security and order in the country.
iii. To regulate and maintain the economy of the state.
iv. To formulate development policies.
v. To provide services.
REASONS FOR SEPARATING THE ORGANS OF THE GOVERNMENT
The organs or the government include, executive, legislature and the judiciary. However, the government separated three organs of the government so as:-
1. To promotes transparency and accountability in government.
2. To avoids the abuse of power.
3. To ensures effectiveness on provision of social services.
4. To enhances efficiency and smooth operation of duties
5. To makes coordination on administration easy.
6. To facilitates division of labour, rules and duties.
7. To promotes and protect human rights.
8. To simplify government evaluation.
STATE AUTHORITIES OF THE UNITED REPUBLIC OF TANZANIA
State authorities: Refers to the organs through which the government activities are being excited.
STRUCTURE OF OVERNMENT AUTHORITIES
According to the article 4 of the constitution of the united republic of Tanzania of 1977 there are three organs or pillars of the government authorities where each organ work independently without being interfered by other organ namely:-
i. Judiciary
ii. Executive
iii. Parliament
A). EXECUTIVE
Executive: Is the organ of the government that deal with administrative functions or activities in the country. Normally the executive is responsible for law enforcement in the country.
THE STRUCTURE/OFFICIALS OF THE EXECUTIVE
The executive of the united republic of Tanzania is composed of the following officials:-
Major officials
i. The president.
ii. Vice president.
iii. Prime minister.
iv. Ministers and their deputies.
Minor officials of executive
v. Regional commissioners.
vi. District commissioners
vii. Division officers.
1. THE PRESIDENT
The president: Us the head of the government, head of the state and chief commander of the armed force.
ROLES/DUTIES/FUNCTIONS OF THE PRESIDENT OF TANZANIA
According to the constitution of the united republic of Tanzania the president has three (3) major roles or functions which are:-
a). As the head of state
The president as the head of the state perform the following roles in the country:-
i. To represent the country within and outside the country.
ii. To sign international agreements with foreign countries.
iii. To promote and maintain national unity.
iv. To officiate at major national ceremonies.
v. To grant or revoke land rights.
vi. To assent the parliament bill.
vii. To establish the new regions and districts.
viii. To give respite criminals convicted in the court of laws.
b). As the head of the government
The president of Tanzania as the head of the government perform the following roles:-
i. Chairs of the cabinet.
ii. To perform all responsibilities of the government plans and decisions.
iii. To initiate and dissolve the Parliament.
iv. To appoint senior government officials and dismisses them if is necessary. This include appointing and dismissing ministers, district commissioners, regional commissioners, etc.
c). As the head of armed force/chief commander
i. To declare the state emergency like war, eruption of disease, death of official of senior level.
ii. Appointing senior military officers.
iii. Uses of armed forces for special duties in peace keeping.
iv. To inspect the guard.
v. To appoint main judges.
2. VICE PRESIDENT
The vice president: Is the principal assistant of the president with respect to all matters of the united republic of Tanzania.
FUNCTIONS OF THE VICE PRESIDENT
i. To make follow-up in the day to day implementation of the union matters.
ii. To perform all duties assigned by him or her by the president.
iii. To perform all duties and functions of the office of the president when the president is out of the office or country.
How the vice president is obtained?
According to the constitution of united republic of Tanzania of 1977, the vice-president is the running mate who is elected together with the president during the general election and he/she becomes automatically the vice president.
3. THE PRIME MINISTER
The prime minister: He or she is the appointee of the president from among the members of the parliament.
Functions of the prime minister
i. To control, supervise and execute the day to day function and affairs of the government of united republic of Tanzania.
ii. To supervise the government business in the national assembly.
iii. To perfom or cause to be performed any matters which the president direct to be done.
iv. To performs all duties assigned to him by the president
LIST OF PRIME MINISTERS OF TANZANIA SINCE INDEPENDENCE
|
Chief Minister of Tanganyika |
|
|
Julius K. Nyerere |
1960-1961 |
|
Prime Ministers of Tanganyika |
|
|
Julius K. Nyerere |
1961-1962 |
|
Rashid Kawawa |
1962 Jan-1962 Dec |
|
1962-1964 |
Post Abolished |
|
Prime Ministers of Tanzania (URT) |
|
|
1964-1972 |
Post Abolished |
|
Rashid Kawawa |
1972-1977 |
|
Edward Moringe Sokoine |
1977-1980 |
|
Cleopa David
Msuya |
1980-1983 |
|
(II) Edward M Sokoine |
1983-1984 |
|
Salim Ahmed Salim |
1984-1985 |
|
Joseph Sinde Warioba |
1985-1990 |
|
John Malecela |
1990-1994 |
|
(iii) Cleopa David Msuya |
1994-1995 |
|
Frederick
Sumaye |
1995-2005 |
|
Edward Ngyai Lowassa |
2005-2008 |
|
Mizengo Peter Kayanga Pinda |
2008-2015 |
|
Majaliwa Kasim Majaliwa |
2015-2020 2021- up to date. |
4. MINISTERS
Ministers: Are the political leaders of their respective ministries. Normally all ministers are appointed by the president after the consultation with the vice president and prime minister. All ministers are appointed among the members of Parliament and are also members of the cabinet.
5. DEPUTY MINISTERS
Deputy ministers: These are political leaders who assist ministers on their respective ministries. They also appointed by the president of the united republic of Tanzania from among the members of Parliament. But deputy ministers are not members of the cabinet.
6. REGIONAL COMMISSIONERS
Regional commissioners: These are principal representatives of the government at the level of region. Regional commissioners are appointed by the president of the united republic of Tanzania. They are responsible for ensuring the maintainance of laws and orders in their regions. Regional commissioners they are assisted by the Regional Administrative Secretaries (RAS) who are also appointees. Normally Regional administrative secretaries serve as the head of regional Secretariat. Also regional administrative Secretariat is a principal advisor of regional commissioner on the implementation of day to day functions.
7. DISTRICT COMMISSIONERS
District commissioners: are principal representatives of the government at the level of district in which they appointed. They usually appointed by the president of the united republic of Tanzania. They responsible for security and maintenance of laws and orders to their respective districts. District commissioners they assisted by the district administrative Secretaries (DAS) who are appointed by the minister in the President's office of the public service.
The district administrative secretary is a principal advisor of district commissioner in the implementation of day to day activities.
8. DIVISION OFFICERS
Division officers: Are the government officials in their respective divisions within the district. They represent and assist the district commissioners in the implementation of the central government's activities.
NB: THE CABINET
Cabinet: Is the main advisory organ of the president. The structure of cabinet
The cabinet consists of
i. The president.
ii. Vice president.
iii. President of Zanzibar.
iv. Prime minister.
v. Ministers
Functions of the cabinet ministers
i. To represent the president at the ministry
ii. To answer all questions related to their ministries raised by MPs when the House is in session
iii. To appoint board members of the institutions
iv. To perform all duties assigned by the president
NB: There is what is known as shadow minister, under the shadow cabinet or shadow ministry. Shadow cabinet is the feature of Westminster system of government which consists of a senior group of opposition spokespeople who under the leadership of the leader of opposition, form an alternative cabinet of that government.
The shadow cabinet makes up the majority of the official opposition frontbench. The responsibilities of shadow ministry are to scrutinize the policies and actions of the government as well as to alternative policies. Therefore, shadow minister is a member of shadow cabinet.
9. ATTORNEY GENERAL
Attorney General: This is the senior legal officer who advises the government on all legal matters. He or she attends and participates in all cabinet meetings but does not have a vote. In addition, He is also a member of parliament by virtue of his or her office, that is Ex-officio-member, it means he or she is included or allowed in parliament because of his job or position or rank
10. THE CIVIL SERVICES
The civil services: This is the group of government wokers servants. Example: Regional and District commissioners. This includes the group of government workers or employees called civil servants. Civil servants do their work of ministries. They are experts like lawyers, engineers, diplomats, chemists. The civil services consists of; Permanent secretaries in the ministries, Commissioners and Head of departments in the ministries and directors.
OFFICERS OF CIVIL SERVICES
The civil services includes officers like:-
i. Permanent secretaries who are the chief executives of ministries: They are the top official in civil service. They carry out the day to day activities of their ministries. They employ workers in their ministries.
ii. The chief secretary: is the head of civil service and is a head of all permanent secretaries in all ministries. Ministries are divided into departments headed by the director or commissioners.
iii. Commissioners of different institutions like NEC, PCCB
iv. Heads of departments
v. Directors and other officers
vi. District Administrative Secretaries: These are the public servants in charge of administration in districts respectively.
vii. Regional Administrative Secretaries: These are the public servants in charge of administration in regions respectively.
NOTE: If the government is defeated at general election, Civil Servants stay or remain in their jobs and if a new minister is appointed, they serve him or her with same loyalty as before. Civil Servants are appointed by an independent body called the Civil Service Commission (CSC)
FUNCTIONS/DUTIES OF EXECUTIVE
i. To implements all decisions made by the legislature.
ii. To enforce laws and protect human rights.
iii. To provides social services like education, health care etc.
iv. To provide national security and defense.
v. To formulates and executing policies.
vi. To plans and implement social and economic developmental projects.
vii. To formulate foreign policies and promoting international relations.
viii. To appoints different government officials. These are such as ministers, regional commissioners, district commissioners, etc
B: THE LEGISLATURE (PARLIAMENT)
Parliament: Is the organ of the government authorities which deal with law making in the country. The Parliament of the united republic of Tanzania consists of two part which are:-
Legislature: This is the law-making branch of the state or government. It is the organ of the state where members of parliament are elected to represent different constituencies. Some of them are appointed; like women for special seats and shadow ministers. Parliament is headed by a speaker who is assisted by a deputy speaker and the clerk to the National assembly. For better discharge of its duties and function.
Legislature is called Parliament when its members meet with the president, and National Assembly when it only involves members of the parliament and other parliament officials.
Parts of parliament of URT
According to the national constitution of Tanzania, the parliament of URT consists of two parts which are:-
i. President
ii. The national assembly
1. THE NATIONAL ASSEMBLY
This is the principle organ of the united republic of Tanzania which has authority on behalf of the people to oversee and advise the government. It is said that the president is a part of parliament in parliamentary terms but not a member of parliament. This is because he does not participate in parliamentary discussions. He is represented by the prime minister.
1. PRESIDENT
The President: Is part of the Parliament is not a member of Parliament. Hence he or she does not participate in parliamentary sessions but in the law making process by signing the proposed bill to become laws.
Participation of president in the parliament
The president he or she participates in the parliament in the following circumstances:-
i. When he/she signs the bills to become laws in the process of law making.
ii. When he/she dissolving the parliament.
iii. When he/she addressing the national assembly Categories of members of Parliament
i. Members elected to represent constituencies.
ii. Women members who are not less than thirty percent of all members of Parliament elected through political parties.
iii. Five members elected by the house of the representative s from among its members.
iv. The attorney general.
v. Ten members appointed by the president and at least five members amongst them shall be women.
vi. The speaker: Is elected from the amongst the members of Parliament.
NB: The national Assembly consists of only members of parliaments and parliament workers. While Parliament consists both members of parliament and the president.
STRUCTURE OR MEMBERS OF THE PARLIAMENT.
i. Members of parliaments from United Republic of Tanzania.
ii. Five Members elected by the house of representatives from Zanzibar among its members.
iii. The attorney general (virtue of his position). He’s appointed by the president and attends the parliament by his virtue power but does not have to vote or contribute in parliamentary session. The current attorney general is Adelardus Kilangi.
iv. Non-elected members chosen by political parties
v. Members nominated by the President (ten members).
vi. Women members being not less than 15% of the members of all other categories on the basis proportional representative among those parties in the government.
This means that the more elected members of political party get the more women members appointed.
LEADERSHIP/OFFICERS OF THE PARLIAMENT
1. Speaker of the parliament: The head of legislature branch. He keeps discipline of the parliament when the House is in session. He represents the parliament in all other organs and outside the parliament. He or she is elected by members of parliament from among themselves.
LIST OF SPEAKERS IN THE PARLIAMENT OF UNITED REPUBLIC OF TANZANIA (URT)
|
NAME |
INCUMBENCY |
|
Adam Sapi Mkwawa |
1964-1973: He was elected speaker of National Assembly of
Tanganyika in 1962 |
|
Erasto Andrew Mbwana |
1973-1975 |
|
(1). Adam S Mkwawa |
1975-1994 |
|
Pius Msekwa |
1994-2005 |
|
Samwel John Sitta |
2005-2010 |
|
Anne Semamba Makinda |
2010-2015 |
|
Job Yustino Ndugai |
2015-2020 |
2. Deputy speaker: This assists the speaker. He or she chosen like the speaker. The deputy speaker of 2015-2020 is Tulia Ackson.
3. Clerk of the parliament: This is the professional lawyer appointed by the president. He/she the secretary of the parliamentary session. He is a chief executive on administrative heads of the national assembly. Clerk is Steven Kagaigai
4. Two chairpersons: They are elected from among the heads of the committees of the parliament. They assist the speaker and the deputy speaker.
NB: The speaker may paused to be the speaker of the National Assembly when any if the following occurs:-
i. End of National Assembly duration. That is, discussion of the parliament which is normally 5 years.
ii. Losses qualification to be elected as a speaker i.e. he/she is appointed as minister or deputy. Minister if he/she fails to submit to the president a formal declaration which certifies him as a Tanzanian citizen or republic.
iii. When the speaker is removed from office by the National Assembly by resolution ( of all Members of Parliament).
iv. If she/he is convicted of an offence.
v. Resignation.
vi. Medical in capacity.
viii. If he fails to submit statement regarding to his property.
THE LIFE SPAN OF THE PARLIAMENT
The life span or existence of the parliament is the five (5) years from the time it is summoned or addressed by the president after general election. Or any time when the president dissolves it.
CONDITIONS WHICH CAN MADE THE PRESIDENT TO DISOLVE THE PARLIAMENT
The president can dissolve the parliament or national assembly under the following circumstances: -
i. When five years of the incumbent parliament are over
ii. When two-thirds of the members of parliament resend the bill which the president refused to assent.
iii. The refusal of the parliament to support an important government policy
iv. When the government fails to get the majority seats in the national assembly
v. During the last twelve months of parliament’s life so as to call new election
NOTE: The parliament has power to remove president from the power. The process is known as impeachment.
Impeachment: Is the process of accusing the president or any highest government official like prime minister of misconduct which may result him being removed from the office by the resolution of the parliament. The national assembly casts “Vote of No Confidence” against the leader. The new election for president can be held. Some of misconduct include: when president violates the constitution of the URT or the law governing the ethics of public leaders and when he conducts himself in a manner that lowers esteem of the office of presidency.
NB: There are circumstances for calling the new election for president. They include
i. When parliament is dissolved at the end of its term of five years
ii. When president resigns
iii. When president dies
iv. When the president is disqualified from holding the elective office
v. If he or she is medically approved physically or mentally ill.
STANDING COMMITTEE OF THE PARLIAMENT
i. Housekeeping committee.
ii. Steering committee. This directs activities and decides how they should be done
iii. Standing orders committee.
iv. Parliamentary privileges.
v. Sector committee.
vi. Agriculture livestock and water committee.
vii. Infrastructure development committee.
viii. Energy and minerals.
ix. Constitutional and legal affairs committee.
x. Industries, trade and environmental committee.
xi. Administration and local government committee.
xii. Social development and services committee.
xiii. Land natural resources and tourism.
xiv. Foreign affairs security and defense committee.
xv. Subsidiary legislature committee.
xvi. parastatal organization committee.
xvii. Cross – cutting committee.
xviii. Budget committee.
xix. HIV/AIDS affairs committee.
xx. Watchdog committees.
xxi. Public account committee.
xxii. Local authorities account committee.
xxiii. Public investment committee.
TYPES OF LEGISLATURE SYSTEM
1. Unicameral Legislature: This is the practice in which legislature has one legislative or parliamentary chamber or House. It has one governing body. Many countries with this system are often small and homogeneous unitary states and consider an upper chamber unnecessary. For example, it includes Kenya, Uganda, Burundi and Tanzania.
2. Bicameral Legislature: This is the system in which the legislature comprises of two legislative Houses or chambers. It originated in Britain where it served to represent interests of both common people and elite. Many federal systems of governments have bicameral legislatures. For example, United States has the Senate and The House of Representative while United Kingdom has the House of Lords and The House of Commons. Each house has the power not held by the other, and measures need the approval of both houses to become the law.
FUNCTIONS OF PARLIAMENT OF URT
1. To make and amend laws of the country: It involves elaborating skills brought up by the government or private members of parliament. If the bills are agreed upon or passed and asserted by the president. They become act and part of the law.
2. To discuss and pass the annual budget: This is done through its public account committee examines and detail the way funds are spent. It debates the performance of each ministry during the annual budget session of the National Assembly. Normally new budget is officially presented for decision in July each year. This is because the financial year begins in July. They also have to agree on the specific purpose for which the money will be spent.
3. To authorize government plans: Before the plans are implemented there is a through classification and information about the plans.
4. To ratify agreements or treaties/convections: This is an order to avoid the government to order into agreement/ treaties which are not of national interest. This function means the parliament agrees and makes the treaty of confection valid for the country’s benefit.
Examples of treaties ratified by URT
i. CEDAW: Convection for Elimination of all forms of Discrimination against women.
ii. UDHR: Universal Declaration of Human Rights.
iii. Convection on the rights of Albinos.
5. To discuss the performance of each ministry during the annual budget: Through question so as to examine accountability of different ministers to the parliament.
6. To alert both public and government on important public and current issues.
7. To oversee and advise the government and its organs. It is the principle organ in Tanzania.
8. To train the new political leaders
9. To approve the president’s appointment
10. To represent people’s problems or will in the government
TERMINOLOGIES TO BE NOTED
A bill: Is a proposal for new law or amendment of existing law.
Motion: This is a policy suggestion which has to be transformed into a bill before it is made a law.
Petition: This is the call of official minitrial response to an urgent matter of national interest.
Question: This is a call on ministers to respond to specific matters in their respective ministries.
SOURCES OF BILL OR AGENDA
A Bills or agenda can come from:-
i. The president.
ii. Attorney General.
iii. ministers (ministries).
iv. Other members of the parliament except "The speaker".
STEPS OF MAKIN A BILL OF LAW
1. The bill is presented by the clerk to members of parliament: This is the first reading. There is no discussion held on the bill.
2. The bill is introduced to the members of parliament by the standing committee that is constitutional, legal and public administration.
3. The bill is discussed and changes or contribution are made.
4. The bill is debated and approved or rejected by voting.
5. If the bill has been approved by parliament it is sent to the president for assent. If the president signs it then it becomes on Act or Law. If he/ she disapproves, than it goes back to parliament for further discussion.
Other agenda items such as petition and question are directed to the ministers who in turn respond to them.
C). JUDICIARY
Judiciary: Is the organ of the government authorities which deal with law interpretation in the country. Judiciary is the collective name for the personal working in the legal system and courts.
This is the organ of the state whose functions are interpret the law and to make ruling/solve disputes in the state only in democratic society, the Judiciary is supposed to perform its duties independent of other organs of the state.
Head of Judiciary as Chief Justice is Ibrahim Hamisi Juma
STRUCTURE OF JUDICIARY
The court system in Tanzania is divided into several levels.
i. The ward tribunal court.
ii. Primary court
iii. District court.
iv. Resident magistrate court.
v. High court.
vi. Court of Appeal.
1. The ward tribunal: This is formed by an elected group of wise men/women at the village or ward level to judicate (solve) minor cases/violations of the law. It has a chairperson and a secretary. The members are elected hence may know nothing or very little about the law. The tribunal is a recognition of the fact that there are two primary courts in the country, it helps in:-
i. Dispensing justice more quickly.
ii. Reducing the court of trivial (less important) cases.
Though ward tribunals are used, they are not part of the official court system.
2. Primary court: This is the lowest court in Tanzania. The head of this level is called primary court magistrate. They have basic certificate in law because they aren’t lawyers. That is, they don’t have university degree in law. Advocates are not allowed to defend the accused in this court. It deals with small and light problems such as conflicts between livestock keepers and farmers. They also deal with civil cases. They are found at the divisional level.
3. District magistrate court: This is the second level of court system headed by a law degree holder-Resident magistrate. The advocates can save the accused because the magistrates possess a university degree in law. They deal with both criminal and civil cases.
4. Resident magistrate court (regional court): This is the court where the judges have much experience as they have been promoted after serving the district courts. It is the third level of court system in Tanzania. They are headed by the principal residential magistrates. They receive appeals from primary and district courts. Magistrates are Law Degree Holders. They are found at the regional level. It has two specialized divisions which are housing tribunals and industrial courts.
5. High court of the URT: This is the fourth system of court in Tanzania. This is served by judges. It has power to hear and judge all types of cases including murder, felony and high treason. The high court has zonal divisions. They include eleven: Dar es salaam,
Mwanza, Mtwara, Moshi, Bukoba, Tabora, Arusha, Tanga, Iringa, Dodoma and Mbeya. These divisional zones are administered by judges with assistance of district registrars. It also has two specialized divisions: commercial division and land division. The high court has the following powers:-
i. Hear civil and criminal cases.
ii. Review the records of district and primary court.
iii. Issue directives to district council.
iv. Hear appeal cases from resident magistrate court.
6. The court of appeal: This is the highest court system in Tanzania. It deal with all appeals presented to it from high court. The Chief Justice in charge of the court of appeal and is assisted by not less than two judges. During special sitting of this court, there must be not less than five judges. Some cases of court of appeal may also originate from the primary court and reach the court of appeal by passing through the levels of appeal. The court of appeal in Tanzania was established in 1977.
This is ultimately the highest legal level a case may reach. Normally the court of appeal has the power to supervice the big cases (problems) such as:-
i. Treason: A crime of doing something that could cause danger to your country like helping its enemy during war.
ii. Murder: The crime of killing somebody deliberately
iii. Felony: Act of committing a serious crime such as murder
All these courts deal with matter depending on their complexity. For examples murder cases cannot be decided by the primary court because it is the lowest level of court structure system which is normally supposed to deal with small and light problems such as farms and livestock keeping activities.
Other courts
7. The Special Constitutional court: The court is not permanent. Have neither permanent judges nor buildings. This court is summed only when there is conflicting interpretations of the constitution between the two sides of the union e.g. Tanganyika and Zanzibar.
The court system of Zanzibar.
There are different courts which deals with specific problems, hence these include:-
i. The commercial court.
ii. The city courts.
iii. The industrial court.
iv. Housing tribunal.
THE COURT SYSTEM IN THE REVOLUTIONARY GOVERNMENT OF ZANZIBAR
Court system in the Revolutionary Government of Zanzibar has both Juvenile and Kadhi court system.
Juvenile court: It deals with young children matters like child labour case. Kadhi court: It deals with religious matters especially Islamic based cases.
NB: Court system in Tanzania mainland instead of Juvenile court and Kadhi court, it also has tribunal court system.
THE LEGAL SYSTEM
The legal system is headed by the ATTORNEY GENERAL. He is the chief advisor to the government and is a cabinet member. He is a chief public prosecutor
FUNCTIONS
As a chief public prosecutor he is responsible to lead government cases through the courts.
1. To appoint magistrates.
2. To ensure that the system works as smoothly as can be.
FUNCTIONS OF JUDICIARY
1. To solve disputes between people and other officers or companies
2. Protecting human rights.
3. Interpreting laws-defining and explaining laws
4. To solve constitutional disputes by ensuring that the government does not make laws that go against the constitution.
5. Helping in development of the laws and acting as a guardian of the constitution
6. Providing justice to all citizens.
7. To enforce the laws made by the parliament
8. To support the aspiration of the citizen.
9. To maintain peace and orders in the country.
10. To judge different cases in the country.
11. To punish law breakers.
JUDCIAL INDEPENDENCE
Judicial Independence: Means the freedom of the judiciary to make decisions without fear of being punished or harassed by the authority. The judges have to judge cases independently without interfered by the executive and legislature.
CONDITIONS NECESSARY FOR ACHIEVING JUDICIAL INDEPENDENCE
Some necessary conditions for achieving an independent judiciary include:-
1. The judicial decisions should be made basing on the points of laws and facts, not on political influence.
2. The courts must have financial and human resources to function properly.
3. Security of tenure for judges and magistrates. That is, their jobs must be permanent- their removal from the offices should follow procedures.
4. The appointment of the judicial officials must not be in the hands of the state authority like president. Instead there should the organ responsible for appointing and discipline the judges. For example, the judicial service commission (JSC).
5. Judges should have high qualifications. They should have the profession in judicial matters.
6. Prohibition from working or practices after retirement
7. The judiciary should have power to punish the contempt of the court to persons and companies
JUDICIAL REVIEW
Judicial review: refers to the process of reviewing the judgement made in the court which an accused or defendant is not satisfied with the case decision within the same court. For example: the records of the case can have some weakness like the documentation of names. That is, the previous record can be Joshua John, while it could be recorded as Yoshua John. Therefore, a person can request for review.
OR
judicial review: is a process under which executive or legislative actions are subject to review by the court. The court may invalidate the laws, acts and government actions that are incompatible with terms of the constitution. Judicial review is one of the checks and balances in the separation of power. Or judicial review is the power of the court to decide whether a law or decision made by the government body is constitutional or not. Countries that have judicial review include United Kingdom, United States of America, India, Spain Malaysia and Switzerland.
Principles of judicial review
i. Constitution is the supreme law of the country.
ii. The supreme court has the ultimate authority in ruling on constitutional matters.
iii. The judiciary must rule against any law that conflicts with constitution.
JURISDICTION OF THE COURT
Jurisdiction of court: refers to the extent and limits to which the particular court can exercise its power and the type of case to judge. It is the boundary in which the court has the authority. Therefore, the question of jurisdiction is of important. Any trial conducted by a court with no jurisdiction to try, the case will be declared NULL and VOID
(not valid) on appeal or in the revision
Types of jurisdiction of court
i. Territorial jurisdiction
ii. Pecuniary jurisdiction
1. Territorial jurisdiction: refers to the geographical area within which a court can exercise its power. For example, the primary and district courts in Tanzania have the jurisdiction within the district in which they are established. The high court has the power over the entire country. However, for the high court to facilitate its functions, there eleven (11) zones or registries set in different regions of Tanzania, they include: Dar es salaam, Mwanza, Mtwara, Moshi, Bukoba, Tabora, Arusha, Tanga, Iringa, Dodoma and Mbeya. All these registries have the resident judges.
2. Pecuniary jurisdiction: refers to the jurisdiction governed by the monetary value of the case, if a case is about money. It is the jurisdiction of the court related to money.
For example, the primary courts have pecuniary jurisdiction in the recovery of debt not exceed five (05) million Tanzania shillings. District court under resident magistrate involves in the case of property such as land, that does not exceed the value of twelve (12) million Tanzania shillings. The resident magistrate has the pecuniary jurisdiction same as district court. The high court however, has unlimited pecuniary jurisdiction.
BASIC JUDICIAL TERMINOLOGIES
Advocate: is a person (lawyer) whose job is to speak for someone’s case in a court of law, a counsel. It is a person who supports or speaks in favour of somebody in the court.
Prosecutor: is a lawyer who heads the case against the defendant in the court. He /she is a lawyer who investigates crimes and decide whether or not to instigate legal proceedings and to appear in court. He investigates crimes with the police.
Felony: is the serious crime that can be punishable in the court of law. For example, murder, rape, kidnapping, arson, fraud, manslaughter, possession of the controlled substance, child molestation
Treason: is a crime of doing something that causes danger to the state. for example, participating in war against one’s native country, attempting to overthrow the government, attempting to kill the head of the state. And helping enemies to enter the country. A person who commits treason is known as traitor.
Magistrate: is an official who acts as a judge in the lowest courts of law like primary,
district and regional courts.
Judge: is a public officer appointed by the authority to decide cases in in a court of law
Appeal: refers to the complaint raised when one is not satisfied with the decision of the cases in the court. The right to appeal is protected by the constitution. For example, if one is not satisfied with the decision made in the district of magistrate court, can appeal to the high court.
FUNCTION OF CENTRAL GOVERNMENT
The functions of the central government can be viewed through the going work of three state organs.
A. EXECUTIVE
Through this organ the central government portrays the following functions.
1. To formulate and executive policies: These polices can help the country to attain rapid development from many other policies.
2. To propose law to be enacted by the parliament.
3. To administer various activities of the government including implementation of decision of the branches enforces policies formulated.
4. Budget formulation through the executive which is to be discussed in the national assembly by ministers and other MP’S.
5. To provide social services such as education and health services for example. Under primary Education development program (P.E.D.P). The government has built many primary schools, hospitals, roads etc.
6. To promote peace and security in the nation. Also, at the same time it protests the state from external attacks.
B: LEGISLATURE /PARLIAMENT
Through the parliament deals with the following:-
1. To discuss budget, Budgets are prepared by the central government and presented to the parliament for approval.
2. Signing different government treaties and agreement which are signed with different organizations and private individuals are viewed to check where it is a profit or loss.
3. To criticise the government actions: Members of parliaments are criticizing the government by asking questions to the ministers during parts sessions.
C: JUDICIARY
Through this the government has been dealing to:-
1. To interpret the laws: The process of interpreting laws of people. Laws are being interpreted in law courts so as people can understand what they ought to do without breaking the law.
2. To promotes and protect human rights: Defining the rights of the people through safe guarding constitutional rights.
3. To defend the rule of law: Make sure there is a rule of law which means on one is above the law. Also is referred to as no one is punished unless proven quality of law breaking.
4. To promote fairness: Ensuring that justice is taking place within the society.
5. To solve conflicts in the country.
DIFFERENT BETWEEN LOCAL AND CENTRAL GOVERNMENT CENTRAL GOVERNMENT
|
CENTRAL GOVERNMENT 1. The
central government has
over all power in the
country. |
LOCAL GOVERNMENT 1.The local government powers are limited to certain areas
in the country. |
|
2. The official of the central
government are not very close to the citizen. |
2. The officials are
always available to the
citizen. |
|
3. In the central government there are president, vice president, prime ministers, ministers, members of parliament and judges. |
3. In the local
government there are mayors, deputy, mayors, council chairpersons, councilors and village
chairperson. |
|
4. The
central government provides funds for the local government |
4. Local
government receive fund
from the central government. |
LOCAL GOVERNMENT
1.The local government powers are limited to certain areas in the country.
2. The official of the central government are not very close to the citizen. 2. The officials are always available to the citizen.
3. In the central government there are president, vice president, prime ministers, ministers, members of parliament and judges. 3. In the local government there are mayors, deputy, mayors, council chairpersons, councilors and village chairperson.
4. The central government provides funds for the local government 4. Local government receive fund from the central government.
PARTICIPATION OF STUDENTS IN CENTRAL GOVERNMENT
It is important for a student to participate in central government activities.
1. Voting if they have the required qualifications
2. Debating issues of national interest.
3. Attending community or civic meetings
4. Paying taxes through purchases of goods and services like books, pens and paying bus fare.
5. Obeying the laws of the land and reporting those people who do not.
6. Making proper use of the facilities provided by the government e.g. schools, health centers, and social halls.
IMPORTANCE OF CITIZEN PARTICIPATION IN GOVERNMENT
Citizen’s participation in government activities is important because it helps to;
1. Ensure that the leaders do not missuse their power.
2. Keep the government informed on the wishes of society.
3. Involves citizens in the governing of their country
4. Brings personal satisfaction.
5. Protects their rights and promotes the common good.
6. Improve the quality of life in the communities.
SOURCE OF CENTRAL GOVERNMENT REVENUE
1. Taxes: is a compulsory contribution from one’s source of income of the government. It is the money collected by government for social, economic development from different sources like individuals, big companies etc.
i. Direct tax: Which is paid by all government and private sectors employed as is deducted from someone’s salary.
ii. Indirect tax: this is a tax paid or imposed on goods or services brought in or produced and consumed within our country. It includes:-
a). Export duties which are known as custom duties for example,
b). Value Added Tax (VAT)
c). Excise duty
2. Domestic loan borrowing: The sale of government bands and treasuring bills to the public, the government also borrows money from external sources such as foreign government and institutions such as IMF, WB, and African development Bank (ADB).
3. Grants/ Aids: There are external sources of central government. They are non –
payable sources. They are freely provided to poor countries as assistance. For example, USAID.
4. Charges from the government services: The government gets income from the services provided to the society. These are services include water, electricity and medical treatment.
5. License. License is a document which validate a property owned by someone for example, Business, license. Through these the government can get incomes.
6. Profit from estates and parastatal organization: These are those that owned by whole as party by the government or state-owned organization. The income generated from those companies is directly taken into account as part of National Assembly.
NB: Indirect tax: is the one which is imposed on goods on services such as URT custom duties and exercise duties. Value added tax are taxes collected at each stage in the production and distribution process and final tax is home by the customer.
Custom duty: is the form of indirect tax imposed expenditure the amount paid depends on the volume of the value of the commodity.
Excise duty: is an indirect tax levied on goods manufactured and consumed within the society.
THE CENTRAL GOVERNMENT EXPENDITURES
1. Provision of social services: It is used in promoting social services for example, Education and health services. To build government hospitals, schools. provision of power supply and water supply. All ward secondary schools which were built by the government shows that the government spend money.
2. Improving and maintaining infrastructures: Improving and maintain transport system for example, Roads maintenance of budgets especially after floods.
3. To help special groups: such as disable, orphans, refugees, HIV/AIDS victims and windows different needs such as stationeries, mattresses are brought by the government.
4. Paying workers: Paying salaries and other benefits to civil servants and retie council of civil servants which may include pension housing and all awards
5. Paying internal and external taxes.
6. Maintain law and order.
7. Provision of beside to local government political which have parliament sectors in the national assembly and councils are given subsides to run their activities smoothly.
THE UNION OF TANGANYIKA AND ZANZIBAR (TANZANIA)
Tanganyika and Zanzibar merged (united) on 26th April 1964. This led to the formation of United Republic of Tanzania. This was made possible after the signing of the article of union which contained union matters referred as a union matter, currently the number increased up to 22 matters. Mwl Nyerere from mainland and Sheihk Abeid A. Karume of islands are the founders of the union of Tanganyika and Zanzibar. The union took place on 26th April, 201964.
Its origin was on 22nd April, 1964 when Mwl Nyerere and Sheihk Karume signed an agreement to unite their countries. Then the national assembly approved the agreement on 25th April, 1964. Hence the formation of united republic of Tanzania on 26th April, 1964 leading to the birth of Tanzania.
CAUSES/REASONS FOR UNION BETWEEN TANGANYIKA AND ZANZIBAR
1. common historical background: Both Tanganyika and Zanzibar same historical experiences. They all suffered and experienced problems of colonial dominant of British, Portuguese and Arabs in Zanzibar and at the coastal zone of Tanganyika. In Tanganyika Britain took place from 1919-1961 while in Zanzibar was from 1890-1963.
2. Defense mechanism: The matter and location of these two countries could create conducive environment of an energy. Therefore, the united to protect themselves from the invasion of the external enemies.
3. To consolidate cooperation and interaction of people in these two countries: The cooperation was in trade and other socio-economic and political aspects such as democracy, intermarriage and fishing.
4. Similar political objectives: after independence, both two governments thought to introduce socialism. This is because the leaders realized that the independence obtained did not benefit the majority as the major means of production were in the hands of few people.
5. The role of Pan-Africanism: It was influenced by Pan Africanism movement influenced by the activists within and outside Africa (in America and Caribbean) who initiated the movement called Pan Africanism. This led to the the union of Tanzania to fulfill this goal.
6. Cultural similarities: Both nations had the same culture that brought them together. For example, Kiswahili language, dancing style-taarab and building style. Another was the similarity in economic activities like trade and fishing.
7. Geographical proximity or closeness: This made easy accessibility of one nation to another through the Indian ocean. Tanganyika and Zanzibar are very close compared to other countries like Uganda and Kenya. This helped easy unification.
8. The role of the charismatic leaders: The union was much influenced by Mwalimu J K Nyerere of Tanganyika and Sheihk Abeid Amani Karume of zanzibar by promoting unity among people in both two countries.
IMPORTANCE/ACHIEVEMENT/ADVANTAGES OF UNION BETWEEN TANGANYIKA AND ZANZIBAR
1. It has promoted free movement of people to both two countries: The union has promoted free movement of people from one part of union to another especially after removing passports. This increases the contact of their people and consolidation of brotherhood.
2. It has enheced cooperation to both two countries: Enhances cooperation through economic activities especially trading activities. The union also expands markets for the goods produced.
3. It brought equal distribution of resources: Distribution of wealth due to existing natural resources each part has benefited in resources such as electricity.
4. It has promoted good socio-cultural relationship: The development of social and cultural relations which existed for many years even before the union. the interaction between Tanganyika and Zanzibar has intensified intermarriages and exchange of regular visits between the two nations.
5. It has maintained peace and security among two countries: Maintenance of peace and security in both parts of the union; Tanzania has become an island of peace in the turbulent circle of the Great Lakes Zone.
6. Creation of job opportunities: politically, the union has to large extent united both countries on running the government. Many Tanganyikans and Zanzibaris are working and getting high Political and administrative posts in the executive and legislature.
7. It has strengthened unity and solidarity in both two countries: The union has remained strong since 1964 to present. This is a very good sign that Tanzania has stable unity among the other Great Lake Zone countries. Example the formation and the use of a uniform currency is used in both the mainland regions and islands. That is, Tanzania shilling currency.
WEAKNESS/LIMITATIONS/DISADVANTAGES/SHORTCOMINGS OF THE UNION
1. Absence of people’s consent on decision of the union: throughout the stages of the union’s development, neither the Zanzibaris nor Tanganyikans were consulted. Only leaders made the decision about the union.
2. Weakening and disappearing of Tanganyika since the first day of union: this has caused some claims from Tanzania main land as they feel that they have been treated unfairly when they witness Zanzibar still exists. They propose that Zanzibar should cease into the union.
3. The structure of union is doubtable and understandable to many Tanzanians and foreigners: the intention and form of union is questionable. Some contend the union to be unitary and other say is it is in federal arrangement. This has led to the confusion between Tanganyikans and Zanzibaris.
4. Zanzibaris also feel that the powers of the revolutionary government are systematically eroded and it remains only in name: that means the sovereignty of Zanzibar has disappeared since the day of union.
5. Many people argue that the nature and union itself is a burden to tax payers: People complain that the money paid are spent to pay the politicians and civil servants serving in the union affairs. The Zanzibaris on the other side complain that that they lose access to foreign aids which are channeled through the union government.
6. Disagreement over the union matters: The article of union spelt out eleven union matters but today there are over twenty union matters. This has become so very high challenge.
UNION MATTERS/ AFFAIRS IN THE CENTRAL GOVERNMENT
The following are the affairs placed under the union government:-
i. External affair interaction with other countries.
ii. Defense and security.
iii. The police force
iv. Citizenship
v. Power to declare a state of emergency.
vi. Immigration
vii. Industrial licensing
viii. Higher education
ix. Research
x. Meteorology
xi. Statistics
xii. Aviation and air transport
xiii. External and borrowing.
xiv. The court of appeal of the united republic.
xv. Income tax, customs and excise duties
xvi. Financial matters legal traders and currency
xvii. Harbors air transport ports and telegraphs.
xviii. The public services of the united republic.
xix. The constitution of the united republic if Tanzania
xx. Mineral resources including petroleum and natural gas
xxi. Registration of political parties and other matters related to political parties
xxii. The national examination council and all matters relating to the council.
NON – UNION MATTERS
These are those that are not shared under the union government. Some of them are zenj – shehe - shehia
i. Local government.
ii. Road maintenance and travel.
iii. Agriculture, livestock, fishery and other means of livestock.
iv. Trade and small-scale industries.
v. Prison.
vi. Home affairs
vii. High court
STRATEGIES FOR IMPROVING THE STABILITY OF THE UNION
4. Leaders of both sides of the union meet and discuss different issues regarding the central governmen: leaders of both sides of the union should meet and discuss different issues regarding the central government. There should be proper arrangement of the stake holders of the union
5. Encouraging the trade between the people of union: This will help and develop the greater interaction and contact, hence growth of the relation
6. Establishment of the ministry in the president’s office to deal with union affairs, as there are other ministries in different sectors like the ministry of home affairs
7. Movement of people within the member countries must be free and implemented: This will make people feel that they are together in the same country and consider themselves as relatives
8. Consolidating cooperation in cultural affairs such as sports and games: For example, Mapinduzi Cup on football competition between the people of island and mainland Tanzania
9. Sharing of power in both Tanganyika and Zanzibar parts: For example, political power sharing in the union government.
GUIDING QUESTIONS
1. Outline five characteristics of democratic government.
2. How is national constitution made?
3. Critically outline five features of dictatorship government.
4. Elaborate six (6) importance of having effective government to the country like Tanzania.
5. The Tanzanian constitution since independence underwent several changes, critically assess six changes made on the permanent constitution since 1977's.
6. Where the central government spend its money? Six points. The government spends national income on the following ways:-
7. Explain six reasons for the establishment of local government in Tanzania.
8. Explain in six points ways in which the local government can promote democracy in Tanzania.
9. How students participate in school functions? Six points.
10. How students participate in local government functions.
11. Briefly explain in five points the main sources of the local government income
(revenue).
12. Where and how the local government spend its income (revenue or money) ? Six points.
13. By giving six points explain the rationale behind the separating three organs of the government.
14. Describe with diagram the structure of executive of the united republic of Tanzania.
15. How the vice president is obtained?
