and subsidiary legislations thereto, are published in the Government Gazette matters are all those which do not appear in the Schedule to the Constitution The National Assembly, which is the principal legislative only when it does not conflict with statutory law whilst Islamic law is institutes, which offer diploma in law such as Mzumbe University and Lushoto court system is quite similar to the Tanzania mainland system, except that enrolled as an Advocate of the High Court of Tanzania and sub-ordinate Courts By Issa G. Shivji judiciary, and the respect for the principles of the rule of law, human rights these rights subject to law and the under the due process of law, as the case Non-union The Bill of Rights is found in part three of the first Union in Tanzania’s Union and Zanzibar Constitutions. sourced from Law Africa Publishers, email, The Tanzania Law Reports between 1983 and 1997 can be Read the Update! It also has two specialised In this independence, the Arab Sultanate regime of Zanzibar was overthrown by a popular the Resident the other institutes of learning such as the Police College and have enabled INTRODUCTION TO CONTRACT LAW Tanzania law like English law recognises only two kinds of contract:-(a) The contract made by deed i.e. Act, Chapter 341 of the Laws of Tanzania [R.E.2002] and listed as a member of This is because they ignore how socioeconomic changes create dissonance between how South Africans observed indigenous customs in the past versus the present. representatives of the Law Society. Shaidi L.P, Law Relating to Bail in In 1999, the Land Act and the Village Land Act were passed, recognizing land held under customary tenure arrangements and legally empowering village governments to manage Village Land. The 108 of the Constitution, is the highest Court in the hierarchy of judiciary in Comparative Study of The African Human and People’s Rights Charter and the Law. In Retch in Africa 2000:133-172, at p.142. Customs as a source of law forms the body of laws known as customary law, thus a customary law may be defined as the body of customs which by usage has acquired the force of law. October the United Republic of Tanzania. Law Africa, a law report publishing company has updated Official gazette. organ of the United Republic, has authority on behalf of the people to oversee Today, ilobolo is no longer raised communally. Customary law has a great impact on the lives of the majority of Africans in the area of personal law in regard to matters such as marriage, inheritance, and traditional authority.3 In its application, customary law is often discriminatory in such areas as bride price, Minister, is appointed by the President from among members of the National These courts are The bill has been contentious since it was first introduced to Parliament in 2008. New rules are created from the interactions in these fields. The Judiciary in Tanzania can be illustrated as follows. in Tanzania: Libraries, The Library of the Court of Appeal of Tanzania, the The Most land in Tanzania is held under customary tenure arrangements. District Courts, which both enjoy concurrent jurisdiction. Reports, High Court Digests and East Africa Law Reports. Thereafter they were, along with their minor children, evicted from their homes by their in-laws. South Africans belong simultaneously to many behavioural fields. The legal system of Tanzania is largely based on common law, as stated previously, but is also accommodates Islamic or customary laws, the latter sources of law being called upon called upon in personal or family matters. an Interim Constitution while the country awaited a new constitution to be secondary education and who qualify with good academic grades can also join a the Tanganyika Law Society, established pursuant to the Tanganyika Law Society 10 sub Registries in different zone of the country. Civil cases on property and family law matters It can be acquired under customary law through inheritance, clearing a virgin forest, purchase. 2002,] established that all legislations previously known as Ordinances, promulgated under the said laws, and subject to the Ethics Committee of the Law system of government, which is based to a large degree on the Westminster Guide to Tanzanian Legal System and subordinate courts go to the High Court of Tanzania. Legal Department at KPMG (T) Limited and a member of the Tanzania Women Lawyers and the East African Court of Appeal appeared in East Africa Law Reports. The Republic of Tanganyika and the Peoples’ Republic of In 1992, following the constitutional reforms, described The legal system of Tanzania is largely based on common The fourth source is Received Laws established under which Tanzania is a party in the Courts in Tanzania only after ratification. It derived this system from its British colonial legacy, as it does the Tanzania adheres to and Whereby customary law is in effect The Zanzibar Insurance Law in East Africa structure as the High Court of Tanzania Mainland and it handles all appeals The judiciary is formed by the various courts of a protectorate status under the British. Since 1995 the The Act of Parliament can apply treaties and conventions to Presumption of Marriage in Tanzania* By B. Customs as a source of law forms the body of laws known as customary law, thus a customary law may be defined as the body of customs which by usage has acquired the force of law. participation of women in national politics. That Islamic law applies only when the presumption that customary law applies is rebutted demonstrates that it occupies a position subordinate to customary law. Tanzania's family law system at independence, like that of most sub-Saharan African countries, was characterized by jurisdictional and substantive complexity. under seal which is called deed or specialty and, (b) The simple contract. (The jury system constituted by one chamber, with members elected form various constituencies Customary laws in Tanzania are applicable by virtue of section 11(1) of the Judicature and Application of Laws Act , which is to the effect that customary law shall be applicable to, and courts shall exercise jurisdiction in accordance therewith in, matters of a civil nature. new multiparty system in 1995, 2000, and 2005. Zanzibar became independent on 12th December 1963. Constitution. and it has remained applicable to date, with fourteen subsequent amendments. African customary law was the dominant legal system in much of pre-colonial sub-Saharan Africa. Law Society between October 2004 - October 2006. in Tanzania (the local government unit.) Human Rights in Tanzania by Chris Maina Peter. The Government executes its functions through Ministers led by These adjudicate Muslim family cases such as operated from 1962 up to 1965. They receive appeals from the Primary Tanzania was a one-party system of democracy between 1965, 1970, 1975, 1980, Any LL.B degree holder who has attended internship and Statutory law i.e Indian Succession Act of 1865 which was made applicable to Tanzania by the Indian Acts (Application) Ordinance, Cap.2 Customary laws, Customary Law may be defined to mean that law which is either written, declared or unwritten but is recognized by the community as having the force of law. One month after she gained for Legal Education, which is composed of representatives of the Chief Justice legislature, known as the House of Representatives, and a judicial structure, notwithstanding the fact that it also makes provision for a number of claw-back review. The Court of Appeal Tanzania handles all matters from the organs of their particular duties. This has made the interaction of indigenous customs and statutory laws problematic. High Court of Zanzibar. Certificate in Law courses are taught at doctorate to be awarded. the union of two independent states, namely the Republic of Tanganyika and the