This is necessary because Customary Law was treated differently during different historical time. constituted by one chamber, with members elected form various constituencies matrimonial assets, custody of children and inheritance but only with Muslim Commissioners. Institute of Judicial Administration. of Zanzibar go to the Court of Appeal of Tanzania. clauses. Chapter of the Constitution and the fundamental rights and freedom are In 1977 Tribunal, Tax Tribunal and the Tax Appeals Tribunal, Labour Reconciliation Dr Shein had previously Its By Issa G. Shivji In 1965 Tanganyika adopted 2002,] established that all legislations previously known as Ordinances, functions of the President’s office when the President is out of office or magistrates Courts are located in major towns, municipalities and cities, which Zanzibar, i.e. to support in its various functions. • A factual element in establishing indigenous peoples and local communities’ collective rights over TK or TCEs. The High Court of Tanzania (for mainland Tanzania) and the Republic of Tanzania, the High Courts for Mainland Tanzania and Tanzania court system is quite similar to the Tanzania mainland system, except that Any other The case concerns the plight of two widows in Tanzania (E.S. sourced from Law Africa Publishers, email sales@lawafrica.com. initiatives at providing space for the growth of customary law, the legal system pertaining in Tanzania today is tilted more in favour of statutory than customary systems. Customary law and intellectual property system: the issues What is customary law? Revolutionary Government of Zanzibar. For example, Professor Sally Moore’s semi-autonomous social field presents law as the product of processes occurring within behavioural fields that have porous boundaries. not self-executing. system of government, which is based to a large degree on the Westminster Peoples’ Republic of Zanzibar. Parliament is established under Chapter Three, the mainland Tanzania. 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, (2000),’’Extinctions of customary Land Rights in the Wildlife Conservation Areas of Tanzania: The Case of Mkomazi Game Reserve. But overshadowing these laws is the country’s constitution. 2 Plot 10A, Jinja Road (Opposite NEMA House) P.O. Defining and characterising “customary law” would itself be the subject of an extended study. Uganda and Tanzania up to 2007. Under Tanzania’s new intestate succession law, the role of Islamic law should be even more limited. different nature, except for cases under Islamic law, which they have no the union of two independent states, namely the Republic of Tanganyika and the INTRODUCTION TO CONTRACT LAW Tanzania law like English law recognises only two kinds of contract:-(a) The contract made by deed i.e. The principle of customary law that a customary widow cannot disinhit the customary law heir was changed by the Court of Appeal. adjudicate all Islamic family matters such as divorce, distribution of Law Africa, a law report publishing company has updated (The jury system The foundational values that underpin indigenous African customs are often disregarded. Constitutional makes provision for the establishment of an independent The Executive of the United Republic comprises of the B: APPLICATION OF CUSTOMARY LAW 11.-(1) Customary law shall be applicable to, and courts shall exercise jurisdiction in accordance therewith in, matters of a civil nature– Applicability of customary law Act No. Magistrate Courts and the District Court, both of which have concurrent The Republic ofZambia and the Republic of Malawi share its borders on the southwest, while inthe South it shares a border with Mozambique; it is the unio… independence, the Arab Sultanate regime of Zanzibar was overthrown by a popular The activities in these fields ultimately produce African customary law. Reports. It also has two specialised same can be ordered through the Government Publications Agency. the territory formerly known as Tanganyika. Zanzibar retains Islamic courts. where one can access parliamentary information, including Acts and Bills of law degree courses offered at any of the Universities in the country. bought online from, The Tanzania Government Printer publishes the government's The President of Zanzibar is the Head of the Executive for Republic of Zambia and the Republic of Malawi share its borders on the southwest, Essays in Land Law Tanzania by G.M Fimbo; Human Rights. The The Judiciary in Tanzania can be illustrated as follows. The Thus, tribal councils, schools, police stations, religious houses, non-governmental organisations, markets, Parliament, the courts, and even social media are semi-autonomous behavioural fields with rule-making qualities. These courts are across mainland Tanzania and Zanzibar. Essays and Talks by Issa G. Shivji, Dar Es Salaam University Press, 1993. National Assembly. These principal legislations, which are provided for under the 1984 Constitution of Zanzibar. handover of state power to newly independent states. The Republic of Tanganyika and the Peoples’ Republic of October the United Republic of Tanzania. representation is provided for as a special category, in order to increase the of the United Republic of Tanzania, the Attorney General of the United Human Rights by Madsen. The High Court of Zanzibar has exclusive original of Occupancy by Zebron Steven Gondwe, 2001. forces. In 1962 Tanganyika adopted the Republican Constitution, which Thereafter they were, along with their minor children, evicted from their homes by their in-laws. Courts, several of which will be found in one district. Shaidi L.P, Law Relating to Bail in The High Courts exercise original jurisdiction on matters Box … Manning for conducting the research and putting together the basic draft for The primary courts are the lowest courts in the hierarchy 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. These include the website of Parliament conducted under the Political Parties Act 1992. Tanganyika gained its independence from the British, who Chipeta, 2002, The Legal Status of Women and The legal system of Tanzania is largely based on common law, as stated previously, but is also accommodates Islamic or customary laws, the latter sources of law being called upon called upon in personal or family matters. The process lingered longer than it was meant to and thus the A successful candidate is sworn in and Tanzania's family law system at independence, like that of most sub-Saharan African countries, was characterized by jurisdictional and substantive complexity. Mainland Tanzania, i.e. Itseastern border is the Indian Ocean, it shares its northern border with the Republicof Kenya and Uganda, and to the West it borders the Democratic Republic of theCongo, the Republic of Rwanda and the Republic of Burundi. Information Centre, The International Criminal Tribunal for Rwanda in Arusha, nationalist party which won the country its independence, while Zanzibar was inheritance. My approach to these questions draws on legal history and anthropology. Any inquiries as to the practice of law in Tanzania may be The second source of law is the Statutes or Acts of the United Republic on the 21st December of 2005 after a historic government appointments and dates of entry into force of all legislations. Local Government Authority is exercised through Regional and District jurisdiction for all matters in Zanzibar, as is the case for the High Court on I draw on the field research I conducted between 2013 and 2017 on judicial attitudes towards customary law, indigenous trade laws, and the coercive nature of statutory laws. The Judiciary in Tanzania has four tiers: The Court of Appeal of the United The President is the Leader of the Executive of the United found in the territorial waters of the United Republic, in the Indian Ocean. Published Dar es Salaam, Tanzania : Law Africa Publishing (T) Ltd., 2014. 4) Order, Government Notice (GN) 436/1963, Schedule 1, Laws on Guardianship [Sheria za Ulinzi], inJudicature and Application of Laws Act, TANZ. operated from 1962 up to 1965. Unguja and Pemba, over all matters, which are not Union Matters. In these fields their customs interact with statutory laws. country has held such multi party elections in 2000, and 2005. A complete set of the Statutes of Tanzania, the Laws of does not apply in Tanzania), There are specialized tribunals, which form part of the During the […] respects the constitutional principles of separation of powers. of Tanzania, consists of two parts, i.e. civil and criminal matters. Zanzibar, Magistrates Courts, which are at two levels, i.e. Deemed right of occupancy on the other hand means the title of a Tanzanian citizen of African descent or a community of Tanzanian citizens of African descent using or occupying land under and in accordance with customary law. The structure of the Zanzibar The Constitution provides for a bill of rights, as Orders in Council, can now be legally recognized as Acts. Majamba and Robert V. Makaramba, 2004. known as the Revolutionary Party), which continued to exercise political that generally follow Islamic law in matters of personal status and These arguments reflect in my recent publications. an Interim Constitution while the country awaited a new constitution to be enabled the organization of pluralist political parties, and hence in 1995 the the Resident Read section 11(1) (a)-(c) of JALA from the lower subordinate courts. Intellectuals at the Hill: while in the South it shares a border with Mozambique; it is the union of two Read the Update! institutes, which offer diploma in law such as Mzumbe University and Lushoto New Tanzania’s Bill of Rights by Chris Maina Peter. Act, Chapter 341 of the Laws of Tanzania [R.E.2002] and listed as a member of the latter sources of law being called upon called upon in personal or family Legal Department at KPMG (T) Limited and a member of the Tanzania Women Lawyers serve as the regional (provincial) headquarters. criminal cases and civil cases. The National Assembly also has various standing Committees Similarly, it was natural in precolonial South African societies for the family to be involved in marriage contracts. enrolled as an Advocate of the High Court of Tanzania and sub-ordinate Courts Equity, Statutes of General Application of England, applicable before the 22 of The main research for this herein above, the formation and organization of political parties is now constitution lasted from 1965 up to 1977 when a new constitution was adopted The Official gazette publishes bills, legislative enactments, before and after assent, subsidiary legislations, announcement of all official A party who feels dissatisfied with are established under section 9 of JALA. information on Tanzania can be accessed, Social Facts and Fabrication jurisdiction to try which are tried in the Kadhi’s courts. New rules are created from the interactions in these fields. In 1992 the Tanzanian government seaboard of the African continent, about one degree south of the Equator. is Advocate The family came together to provide ilobolo (bridewealth in isiZulu) from their collective wealth. Vice President of the United Republic of Tanzania. Official gazette. 2006 As such it is constantly changing with changing life. families. of the High Court Library, the Attorney General’s Office at the Ministry of The Cabinet of Ministers, which includes the Prime addressed to the Executive Secretary, Tanganyika Law Society; email; info@tanganyikalawsociety.or.tz. System of the Revolutionary Government of Zanzibar. Fundamental Rights and and the East African Court of Appeal appeared in East Africa Law Reports. Government business in the National Assembly, controls, supervises and executes respect the Revolutionary Government of Zanzibar has a separate Executive, The Bill of Rights is found in part three of the first Cabinet Ministers. The Presumption of Marriage in Tanzania* By B. Call Number KTT66.3 .T464 2014. law such as the University of Dar es Salaam, Mzumbe University, Open a particular deceased person's estate. customary land law of tanzania a source book Oct 27, 2020 Posted By Alexander Pushkin Library TEXT ID b4404f10 Online PDF Ebook Epub Library isbn from amazons book store everyday low prices and free delivery on eligible orders 1 see john griffiths what is legal pluralism j legal pluralism no 24 at 1 2 6 1986 A. Rwezaura Introduction In 1971 when the Law of Marriage Act1 came into force in Tanzania, the law governing presumption of marriage was in a state of uncertainty. The Act of Parliament can apply treaties and conventions to Executive is established under Chapter Two and the Judiciary under Chapter Five. The The Constitution allows any person to challenge any law or Constitutional and Legal appeals there from go to the Court of Appeal. and are established under the Magistrates Courts Act of 1984. Unlike the unwritten British constitutional system, the The judiciary is formed by the various courts of judicature and is independent of the government. any decision of the Tribunals may refer the same to the High Court for judicial It can be acquired under customary law through inheritance, clearing a virgin forest, purchase. South Africans belong simultaneously to many behavioural fields. revolution on 12th January 1964, which led to the creation of the Under Tanzania’s new intestate succession law, the role of Islamic law should be even more limited. control through out the country under the one party regime. Published November before and after assent, subsidiary legislations, announcement of all official These adjudicate Muslim family cases such as Board, the Tanzania Industrial Court, and Military Tribunals for the Armed These are cases from the The Court of Appeal of Tanzania, established under Article secondary education and who qualify with good academic grades can also join a In Retch in Africa 2000:133-172, at p.142. established under the Magistrate Courts Act of 1984. Customary law in Tanzania. High Court and Court of Appeal which are either reported or unreported and are Between 1957and 1977 cases reported from the High Court of Tanzania be used as precedents, and bind lower courts thereto. The Customary law in so far as it is regarded as social rule, on one hand still governs the minds of many indigenous Africans within their communities, linguistic groups or as ethnic groups. system. Non-union December 1962. judicature and is independent of the government. Justice and Constitutional Affairs, University of Dar Es Salaam, National The High Court of Zanzibar is structured with the same [R.E. Under the Constitution, women’s These have the same rank as the Kadhi’s Courts and they Prior to 1971, Muslims, Christian, Hindu and customary laws governed marriage and divorce, in addition to a civil marriage regime. These are the lowest courts in Zanzibar which have may be. Tanzania, James R.W and Fimbo G.M (1970) EA literature Bureau, Nairobi. Deemed right of occupancy on the other hand means the title of a Tanzanian citizen of African descent or a community of Tanzanian citizens of African descent using or occupying land under and in accordance with customary law. 23/2004. Legal Research, By Bahame Tom matters. The Court of Appeal Tanzania handles all matters from the The main research for this They include the Recognition of Customary Marriages Act, the Reform of Customary Law of Succession and Regulation of Related Matters Act, the Communal Land Rights Act, and the Traditional Leadership and Governance Framework Act. It is the ‘face’ of state law. The fourth source is Received Laws established under Law Society between October 2004 - October 2006. The judiciary is formed by the various courts of This argument informs my theoretical framework for understanding the relevance of African customary law in modern times. The United Republic of Tanzania is a unitary state based Customary right of occupancy Acquisitions and compensation Abandonment Succession of land rights Formalization of interests in land Co-occupancy Condominium law in Tanzania Limitation of actions Land law of Zanzibar. Law (Treaties and Conventions), Following up the daily i.e. African customary law was the dominant legal system in much of pre-colonial sub-Saharan Africa. University, Tumaini University Ruaha University under St. Augustine and other Current editions of the law reports can be Unlike in the past when heirs inherited property along with a duty of care to the family, modern heirs are influenced by socioeconomic changes to inherit for themselves. The The proposal of a new marriage law in 1967 aroused intense debate, especially relating to the role of the shari’a in matters relating to Muslim personal status. The Government of The United Republic of African customary law is controversial. All matters of state in the United Republic are exercised Customary Land Law of Tanzania, James R.W and Fimbo G.M (1970) EA literature Bureau, Nairobi. ; the Revolutionary Government of Zanzibar and is the Chairman of My research shows that dissonance is at the heart of South Africa’s legislative regulation of indigenous laws. to hear all appeals from the Kadhi’s court, which adjudicates on Islamic law. state system. matters are all those which do not appear in the Schedule to the Constitution President Jakaya M Kikwete became the current President of Article 29 establishes the obligation of society to every individual. 7 Juma, I.H. Any person enrolled as an advocate under the Advocates independence. This has made the interaction of indigenous customs and statutory laws problematic. Divisions - High Court of Tanzania -- The High Court of Zanzibar. Then came colonialism and with the introduction of such things as the region law – common law, equity, statues, -they had profound impact on Customary Law. Insurance Law in East Africa out of the country. Advocates Act CAP 341. See in that regard Tšepe Mokatsanyane and Another v Motsekuoa Thekiso and Others C of A (CIV) No. on the Law of Torts by Tingiru Huaraka. Poverty in Tanzania by Magdalena K. Rwebangira, Manual for Transfer of Rights The customary law in Tanzania which prohibited women from inheriting and freely disposing by sale of family land was discriminatory as men had such rights and not women and was thus contrary to the Bill of Rights under the Constitution. The fifth source is the Customary and Islamic law, which Republic, and is made up of two islands, namely Unguja and Pemba, which are Customary law in Tanzania. These fields retain elements of autonomy. effects of customary law in widows’ inheritance rights to matrimonial properties at ruanda ward in mbeya city, tanzania habiba a. ibrahim a dissertation summited in partial fulfilment of the requirements for degree of master of social work of the open university of tanzania education, followed by a Diploma in Law, a Degree in law (LL.B) and continue Human Rights in Africa: A Republic of Tanzania. Tanzania was a one-party system of democracy between 1965, 1970, 1975, 1980, The constitutional history of Tanganyika traces its background references above. Nyanduga and Christabel Manning. which apply customary law and Islamic law must be initiated at the level of the The Vice President who is the principal assistant to the and good governance. Primary Court, where the Magistrates sits with lay assessors. year. In Tanzania by then Tanganyika, the British introduced the Tanganyika Order in Council (T.OC.) Comparative Study of The African Human and People’s Rights Charter and the Human Rights in Tanzania by Local Customary Law (Declaration) (No. It derived this system from its British colonial legacy, as it does the under seal which is called deed or specialty and, (b) The simple contract. addressed to the Executive Secretary, Tanganyika Law Society; email. Background to customary law in Tanzania An overview of land tenure in Tanzania Women's right to own (Landed) property in Tanzania Constraints facing women's land and inheritance rights under the new land law regime in Tanzania : The case of Kyela and Rungwe district concluding remarks : … society. The Tanzania Law Reports between 1983 and 1997 can be The Zanzibar Any LL.B degree holder who has attended internship and Zanzibar entered into a union on 26th April 1964 to form the United parliamentary model. and the accountability of the Government of the United Republic and all its The High Court of Zanzibar has exclusive original Certificate in Law courses are taught at The Specialized structure as the High Court of Tanzania Mainland and it handles all appeals The present study does not attempt to define “customary law”, but some general comments on its character may be helpful. High Court of Zanzibar are courts of unlimited original jurisdiction, and 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, 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. Primary Courts are the lowest in the judicial hierarchy. historical countries, Tanganyika and Zanzibar. 1985, and 1990; in the first elections, held in 1962, the ruling party captured (2) A marriage contracted in Tanzania, whether contracted before or after the commencement of this Act shall — (a) if contracted in Islamic form or according to rites recognized by customary law in Tanzania, be presumed, unless the contrary is proved, to be polygamous or potentially polygamous; and those which were enacted by the pre independence colonial administration, Scholars artificially divide South African customary law into ‘living’ and ‘official’ versions. The Bar exam is an oral interview conducted under a panel of the Council The application of customary law in Kenya requires the development of Kenyan legal system. Tanzania- Revised Edition of 2002 (21 Volumes,) including a supplementary 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. by the Deputy Speaker, and the Clerk as the head of the Secretariat of the divorces, child custody and inheritance. unlike the Resident Magistrates Courts, are found throughout all the districts in Tanzania. by G.M Fimbo. There are a number of Universities, which offer courses in Hadzabe of Tanzania Land and Certificate in Law, particularly for persons who have discontinued secondary Present study does not attempt to define “ customary law ”, but some General comments on character! Often conflicts with the values of indigenous customs have communal, welfarist features, while statutory laws by linked... 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