The Court system in Tanzania is hierarchical, with the Court of Appeal at the top. Below it are the High Court, Resident Magistrates' Court, District Court, and Primary Court. The Court of Appeal hears appeals from the High Court and Resident Magistrates' Court. The High Court is the highest trial court and hears serious criminal cases. Lower courts like the Resident Magistrates' Court and District Court handle less serious cases. The Primary Court handles minor civil and criminal cases at the local level.
The Court system in Tanzania is hierarchical, with the Court of Appeal at the top. Below it are the High Court, Resident Magistrates' Court, District Court, and Primary Court. The Court of Appeal hears appeals from the High Court and Resident Magistrates' Court. The High Court is the highest trial court and hears serious criminal cases. Lower courts like the Resident Magistrates' Court and District Court handle less serious cases. The Primary Court handles minor civil and criminal cases at the local level.
Original Description:
-Court System
- The Court Hierarchy and Jurisdiction
- Court system on Tanzania Mainland
The Court system in Tanzania is hierarchical, with the Court of Appeal at the top. Below it are the High Court, Resident Magistrates' Court, District Court, and Primary Court. The Court of Appeal hears appeals from the High Court and Resident Magistrates' Court. The High Court is the highest trial court and hears serious criminal cases. Lower courts like the Resident Magistrates' Court and District Court handle less serious cases. The Primary Court handles minor civil and criminal cases at the local level.
The Court system in Tanzania is hierarchical, with the Court of Appeal at the top. Below it are the High Court, Resident Magistrates' Court, District Court, and Primary Court. The Court of Appeal hears appeals from the High Court and Resident Magistrates' Court. The High Court is the highest trial court and hears serious criminal cases. Lower courts like the Resident Magistrates' Court and District Court handle less serious cases. The Primary Court handles minor civil and criminal cases at the local level.
Download as PPTX, PDF, TXT or read online from Scribd
Download as pptx, pdf, or txt
You are on page 1/ 16
COURT SYSTEM IN
TANZANIA TOPIC-II Introduction
This topic deals with the Court System in Tanzania. It describes the structures and powers of the Courts in Tanzania at different levels. It is referred to as Courts Hierarchy Court set up and procedures can be quite technical and intimidating. Only trained professionals can handle them. And lawyers are expensive. To this extent, some majority of persons may not be able to afford expenses for litigation. It is estimated that over 90 percentage of criminal cases in Tanzania the accused are unrepresented. It is in this regard that one can easily believe that some innocent persons can lose their rights because they could not bring relevant evidence or argue their case persuasively. Shivji, I. et al. Constitutional and Legal System of Tanzania. Mkuki na Nyota Publishers Ltd. 2004. Dar es Salaam. The Court: Hierarchy and Jurisdiction
Judiciary is one of the Three Pillars of the State in a Democratic System. The others are: Executive and Legislature (Parliament). The main duty of the Judiciary is to interpret the law and to adjudicate over disputes in the State. Hence, for this duty to be exercised properly, it is necessary for both the Constitution and other laws of the State to provide clearly on the structure and powers of the Judiciary. Court System: Under the Constitution of the Union, the Judiciary is not a Union Matter within the Union between Tanganyika and Zanzibar. Therefore, each part of the United Republic has its own Judicial System. The Only unifying factor is the Court of Appeal. Court System on Tanzania Mainland
There are four types of Courts on Tanzania Mainland. Each has its own territorial and pecuniary jurisdiction. The courts, which are prescribed below, are the Court of Appeal of the United Republic of Tanzania, the High Court of Tanzania, the Resident Magistrates Court and the District Court and the Primary Court. Besides these, there are also what Lawyers call, Quasi-Judicial Bodies. These are Tribunals which have been established by law and are given powers and jurisdiction to settle disputes and to entertain cases on specific issues only. Examples are: Ward Land Tribunal, District Land and Housing Tribunal and Labour Court. Primary Court
Primary Courts are established in every District.
Primary Court is the lowest in the judicial ladder in Tanzania. Establishment: Primary Court is established by an Act of Parliament [Principal Legislation] called Magistrates’ Courts Act, [CAP. 11 R.E. 2019] Specific provision of the Act which establishes the Primary Court is s. 3 (1) which provides………….. [Read the section …]. Read also s. 3 (2) which reads …….. Primary Courts were established in the early 1960’s. Rationale of establishing them was to have courts which would deal with small disputes expeditiously while at the same time be close to the community in which they are to dispense justice. Appointment of the Magistrates of the Primary Courts
InPC, Magistrates are appointed by the Judicial
Service Commission. This Commission is established in Chapter Five of Part Three of the Union Constitution. [Read Articles 112 to 113A] Jurisdiction of the Primary Court
Geographical Jurisdiction: it covers the District in which the Court is located.
It is the Court of First Instance in matrimonial proceedings, and inheritance civil matters which arise out of customary and Islamic law. Primary Court also has power to hear criminal matters /cases. The offences that can be tried by a Primary Court are specific and these are usually small offences. Primary Court can impose a sentence of imprisonment not exceeding 12 months. Language of the Court; Kiswahili. District Court
District Court is established in every District.
In many Districts, it is housed in the same premises as the Resident the Resident Magistrates’ Court; but these are two distinct courts. DC is presided over by a District Magistrate Appointed by the Judicial Service Commission. Jurisdiction
DC is established to hear both criminal and civil cases.
It’s geographical jurisdiction is the District within which it is established / located. In civil matters, the District Magistrate can only entertain a civil suit when he has specifically been appointed to do so as a Civil Magistrate. In criminal matters, DC enjoys same powers and jurisdiction as the Resident Magistrates’ Court. One of the powers exercised by the DC, and not the RMC, is that of receiving and hearing appeals from the PC. Jurisdiction for the revision of cases decided by the PC within its jurisdiction. Language: Kiswahili and English. Records must be in English. Resident Magistrates’ Court (RMC)
Geographical area in which the RMC covers which eventually
determines its geographical jurisdiction is determined by the instrument which establishes it. Appointment of the Resident Magistrates: Appointed by the Judicial Service Commission. This Commission has powers to confirm their posts, promotion and disciplining and removing them from office. Jurisdiction
Criminal Jurisdiction of the RMC covers all offences under the
Penal Code, except for those offences for which the High Court has been specifically mentioned as being the Court of First instance. RMC also hears Civil Matters. Language: Both Kiswahili and English. Records must be in English. High Court
Establishment and Composition:
High Court of the United Republic of Tanzania is established under the Constitution. High Court is provided for in Part Two of Chapter Five of the Constitution [Articles 108 to 111]. Specific Article which establishes the High Court is Art. 108 (1). Appointment of the Judges: [Art. 109 (1) of the Constitution. Jurisdiction
High Court is the Superior Court of record and at the apex of the Judicial System. It has unlimited original jurisdiction. It is presided over by the Principal Judge [Judge Kiongozi] and other judges whose numbers should not be less than thirty … [Art. 109 (1).] In criminal matters, the HC in practice, entertains offences which attract heavy penalties such as death sentence or life imprisonment. In cases of this nature, the HC, the Judge of the HC sits with two lay assessors to assist the court on issues of facts. Offences which attract heavy penalties include: treason, murder, attempted murder, incest, etc…..
Court of Appeal of the United Republic of Tanzania. Establishment of the Court Court of Appeal of Tanzania (CAT) was established in 1979. Headquarters is located at Kivukoni, in Dar es Salaam. Court of Appeal of East Africa used to serve as an appellate court to receive, hear and determine appeals from the High Courts of the three countries; the founding members of the first East African Community; Tanzania, Uganda and Kenya. Court of Appeal of the United Republic of Tanzania is established by the Constitution of the United Republic of Tanzania of 1977 [as amended from time to time]. Specific Article which establishes the Court is Article 117 (1) of the Constitution. Appeals are heard and determined by a Bench of Three Judges. In special cases, the Chief Justice may order a matter to be heard by five Judges and occasionally and in very extraordinary circumstances by seven Judges [known as Full Bench]. Matters of the Administration of the Court of Appeal
Head of the Court of Appeal is the Chief Justice.
Chief Justice is appointed by the President of the Republic. Other Appeal Judges, officially referred to as Justices of Appeal [JA] are also appointed by the President. Judges of the High Court are also appointed by the President. Chief Justice of the United Republic of Tanzania is the chief Judge in the Court of Appeal and also overall in charge of the Judiciary. Functions CAT
To hear and determine all appeals arising from the High Court of Tanzania and Resident Magistrates’ Court. To hear and determine appeals from the High Court of Zanzibar.
Sri Lanka Being A Multiracial and Multilingual Country The Legal Systems Reflect The Customs of The Various Communities Which Go To Form Sri Lankan Society
Sri Lanka Being A Multiracial and Multilingual Country The Legal Systems Reflect The Customs of The Various Communities Which Go To Form Sri Lankan Society
