GOVERNMENT OF TANZANIA
What is government?
Government is a system of ruling society/country/state.
OR
Government is the group of people within the society with the authority to make, enforce laws and resolve disputes in the society.
Government can be obtained by election, force or hereditary means.
TYPES OF GOVERNMENT
There are main two types of government namely;
(i) Democratic government
(ii) Non-democratic government
I. DEMOCRATIC GOVERNMENT
Is a form of government whereby political power comes from popular election. In this form of government the leader comes in power through free and fair election. A good example of democratic government is the Government of Tanzania.
CHARACTERISTICS OF DEMOCRATIC GOVERNMENT
(i) Rule of law is followed.
(ii) The leaders are chosen by the people through free and fair election.
(iii) Every adult has the right to elect or to be elected to a political office.
(iv) Its decisions are based on the will of the majority with respect to minority rights.
(v) There is respect of human rights.
DIFFERENCES BETWEEN DEMOCRATIC AND NON-DEMOCRATIC GOVERNMENT
(i) Government enters into power through free and fair election. A Leaders enter into power through undemocratic means.
(ii) It respects human rights B Human rights are not respected
(iii) There is rule of law. Nobody is above the law C No rule of law. Leaders are above the law.
(iv) The authority and powers of the state are divided into three branches, the Executive, the Legislature and the Judiciary D There is no separation of powers.
(v) Its constitution includes Bill of Rights E No Bill of Rights.
(vi) Government serves the interests of the people. F Government is indirectly accountable to the people. It serves the interests of the few.
(vii) The decisions of the leaders are not final. G Decisions of the leaders are final.
DORMINANT FORMS OF GOVERNMENT IN THE WORLD
There are several forms of government in the world. Examples of them are;
I. Republic Government
Is a form of government where the head of state is president elected by the people. E.g. Tanzania, Burundi and Uganda.
Or, is a form of government of people in which people govern through elected representatives.
II. Federal Government
Is a form of government whereby the central government shares power with other small local governments. The central Government unites all states and shares sovereignty with them. E.g. United States of America, Nigeria and India.
III. Union Government
Is a form of government whereby two or more nations unite to form one government. All governments surrender power to the union government.
IV. Monarchy Government
Is the government which is headed by king or queen. Monarchy can be divided into two;
(a) Constitutional Monarchy
(b) Absolute Monarchy
A. In Constitutional Monarchy a king or queen is the head of state and s/he is bound to follow the law/constitution.
The head of government is prime minister elected by the people through democratic means. Examples are Britain, Netherland and Japan.
B. In Absolute monarchy a king or queen is the head of state and government and s/he is not
bound by strict rules. Examples Swaziland, Morocco and some rulers of Saud Arabia.
V. Revolutionary Government
Is a form of government which enters into power through lawful revolution. E.g. the Government of Zanzibar.
VI. Dictatorships
A dictatorship is a form of government whereby leadership rests in the hands of an individual or group of persons who come into power through force.
VII. Autocracy
Is a form of government whereby power and authority rests in an individual who rules by force.
VIII. Coalition government
Is a form of government headed by more than one political parties.
IX. Anarchy
Is a situation where there is no central governing authority (government) in a country. It is mainly due to political instability in a country,
IMPORTANCE OF GOVERNMENT
(i) It provides citizens with social services like health, education and safe water.
(ii) It constructs and maintains infrastructures like roads, railways and hospital buildings.
(iii) It collects revenue for the development of the country.
(iv) It makes the policies that guide the country.
(v) It protects citizens’ rights.
(vi) It initiates and maintains relationships with other countries.
THE CONSTITUTION
1. The constitution is the system of laws and basic principles that govern a country.
2. The national constitution is the basic law of the country. This means that all other laws must
conform to the constitution.
STRUCTURE OF THE CONSTITUTION OF TANZANIA
1. The constitution of the United Republic of Tanzania of 1977 is divided into ten chapters.
2. Each chapter is divided into several parts.
3. The following is the structure of our Constitution;
CHAPTER ONE
It has three parts.
I. The United Republic and the people.
II. Fundamental objectives and directive principles of the state.
III. Basic rights of citizens and duties.
CHAPTER TWO
It deals with the Executive. It has three parts;
I. The president.
II. The vice president.
III. The prime minister, the cabinet and the government.
CHAPTER THREE
It deals with the Legislature. It has three parts;
I. The Parliament
II. Members of National Assembly, constituencies and election of members.
III. Procedures, powers and privileges of parliament.
CHAPTER FOUR
It deals with the Revolutionary Government of Zanzibar .
I. Revolutionary Government and the president of Zanzibar.
II. The Zanzibar Revolutionary Council.
III. The House of Representatives of Zanzibar.
CHAPTER FIVE
It deals with the Judiciary. It has six parts;
I. The High Court of the United Republic.
II. The appointment of magistrates and other judiciary officers by the Judiciary Service Commission.
III. The Court of Appeal of the United Republic.
IV. Processes of the courts.
V. The special constitutional court (it deals with disputes that may arise between two sides of the union)
CHAPTER SIX
It has two parts;
I. The permanent Commission of Enquiry
II. The Public Leaders’ Ethics Secretariat whose main function is to investigate the conduct of
public leaders.
CHAPTER SEVEN
It deals with the finance of the United Republic in the areas of contributions and allocation of revenue.
CHAPTER EIGHT
It deals with the establishment and functions of local government authorities.
CHAPTER NINE
It deals with the armed forces, i.e. the Army, the Navy and the Air force.
CHAPTER TEN
It has miscellaneous provisions. It covers:-
I. Resignation of personnel from various offices.
II. Procedure of succession in government offices.
III. Interpretation of terms in the constitution.
IV. Title, commencement and application of the constitution.
V. Union matters.
MAKING THE CONSTITUTION
In Tanzania the constitution has gone through several changes since the first one was written in 1961.
The following are the versions of the constitution that Tanzania has had.
1. INDEPENDENCE CONSTITUTION OF 1961
The first constitution was witten by the British in 1961. The late Mwalimu J.K.Nyerere was the Prime Minister and the government was still under the British governor.
2. THE REPUBLICAN CONSTITUTION OF 1962
It was made by the Constituent Assembly in 1962 when Tanganyika became Republic. Mwalimu J.K.Nyerere became the first president of Tanganyika.
3. THE INTERIM CONSTITUTION OF UNITED REPUBLIC OF TANGANYIKA AND ZANZIBAR
OF 1964
It was adopted when Tanganyika and Zanzibar united in 1964. It was made by the president.
4. THE INTERIM CONSTITUTION OF TANZANIA OF 1965 (MONOPARTY CONSTITUTION)
This constitution declared Tanzania a monoparty state. Tanganyika African National Union (TANU) for Tanzania Mainland and Afro – Shiraz Party (ASP) for Tanzania Islands.
5. THE CONSTITUTION OF THE UNITED REPUBLIC OF TANZANIA OF 1977
In 1977 TANU and ASP united to form Chama Cha Mapinduzi (CCM). Therefore, there was a need for a new constitution. It was made by members of Constituent Assembly. It is the current constitution of Tanzania.
CONSTITUTIONAL AMMENDMENT
1. Constitutional amendment is the process of improving or changing the laws in the
constitution.
2. The 1977 has the following major amendments;
(i) The introduction of Bill of Rights in 1984.
(ii) Introduction of multi – party system in 1992.
(iii) Introduction of vice – president as the president’s running mate and the president of
Zanzibar as a member of Union Cabinet in 1995.
(iv) Change in the mode of electing the president in 2000.
IMPORTANCE OF NATIONAL CONSTITUTION
The constitution is very important to the country for the following reasons;
1. Constitution protects the rights of individuals.
2. It ensures that the government is fair and just to the people.
3. It establishes the main organs of the state which are Executive, Legislature and Judiciary.
4. It shows how leaders are to be chosen.
5. It gives guidance on how disputes between organs of the state are to be resolved.
6. It defines the limits of the powers of the leaders.
FORMS/TYPES OF CONSTITUTION
There are main two forms;
I. Written Constitution
Is a form of constitution whereby the laws and principles of the country are written in one document. E.g. constitution of Tanzania
II. Unwritten Constitution
Is a form of constitution whereby laws and principles of the country are written in different documents. E.g. the UK Constitution
LOCAL GOVERNMENT
What is local government?
Local government refers to system of administration of regions, districts, urban centres and villages.
Local government authorities were established in 1982.
Reasons/objectives of establishing local government were;
(i) To give more power to the people in their localities.
(ii) To widen the system of democratic leadership.
Local government was firstly introduced in Tanganyika by the British in 1926.
It was introduced by Sir. Donald Cameron and he called it indirect rule.
STRUCTURE OF LOCAL GOVERNMENT
DISTRICT AUTHORITIES
1. VILLAGE GOVERNMENT
Is the smallest unit of local government. The following is the structure of village government;
(A) VILLAGE ASSEMBLY
1. Is composed by the entire adult population in the village.
2. The head of village assembly is the village chair person.
3. The following are the functions of the village Assembly;
(i) To adopt by laws of the village.
(ii) To elect the village chairperson.
(iii) To elect the village council.
(B) VILLAGE COUNCIL
1. It consists of 25 members who are elected by the village assembly.
2. The head of the village council is village chair person.
3. Some of the functions of the village council are;
(i) To plan and coordinate village activities.
(ii) To give assistance and advice to the villagers on the development matters.
(iii) To encourage villagers to participate in community activities.
(iv) To propose by laws for the village.
(C) VILLAGE COMMITTEES
There are several committees in the village. Some of them are planning, finance, economic affairs, social services and forest production committees.
2. THE WARD GOVERNMENT
The ward government is composed of;
(i) The ward development committee.
(ii) The Ward Executive Officer (WEO).
(iii) Ward Departments, i.e. social welfare, health, education etc.
The ward is headed by the councilor elected by people.
3. THE DISTRICT COUNCILS
District Council is composed by;
(a) Elected members from each ward in a district.
(b) Members of parliament from constituencies within the District.
(c) Three members appointed by the minister responsible for local government.
(d) One member representing the village councils.
District Executive officer (DEO) is an officer appointed by the president.
URBAN AUTHORITIES
1. Urban authorities include; Town Councils, Municipal Councils and City Councils.
2. Each town council has Town Director who is a Chief Executive..
3. Examples of Town Councils in Tanzania are; Lindi, Songea, Mtwara and Bukoba.
4. Municipal councils are found in towns with population of over 80,000 residents.
5. The head of municipal council is mayor assisted by deputy mayor. Both are elected by
councillors from among the councillors.
6. Examples of municipal councils in Tanzania are Moshi, Morogoro, Dodoma, Ilala, Kinondoni and Temeke.
7. City Council is headed by mayor assisted by deputy mayor who stays in the office for five years.
8. City Director is the chief Executive appointed by the president.
9. Tanzania has five cities namely. Dar es Salaam, Mwanza, Arusha, Mbeya and Tanga.
THE ROLES OF URBAN AUTHORITIES
(i) To facilitate maintenance of peace, order and good governance.
(ii) To promote welfare of the local communities.
(iii) To fight crime.
(iv) To eradicate poverty.
(v) To inspect all food stuff and drinks intended for human consumption.
(vi) To conserve natural resources.
FUNCTIONS OF LOCAL GOVERNMENT
They are of two types;
(i) Mandatory functions
(ii) Permissive functions.
I. Mandatory functions
Are those performed as orders from the central government according to general law. They are compulsory (a must)
Examples
(i) Maintenance of law and order.
(ii) Promotion of economic well being and social welfare of people.
(iii) Collection and proper utilisation of revenue.
(iv) Making by laws
(v) To establish and coordinate projects and plans.
II. Permissive functions
1. These are functions which depend on the nature of the area and availability of resources like funds.
2. They are also known as non – mandatory functions.
Examples
(i) Building and letting of shops and houses.
(ii) Establishment and control of sewage works.
(iii) Building and maintaining health centres and primary schools.
SOURCES OF INCOME OF LOCAL GOVERNMENT
1. Rent.
2. Licences and fees.
3. Grants – e.g. from the central government.
4. Duties – examples;
(i) Customs duties – paid on goods brought into the country.
(ii) Stamp duties – paid for some legal documents.
(iii) Excise duties – paid for goods made or used within the country.
(iv) Export duties – paid on goods sold outside the country.
EXPENDITURE OF LOCAL GOVERNMENT AUTHORITIES
Local government spends money in the following ways;
(i) To pay salaries to local government employees.
(ii) Maintenance of assets; e.g. council buildings.
(iii) Development of infrastructures like roads and school buildings.
(iv) Operational costs, e.g. water and electricity bills.
CENTRAL GOVERNMENT
1. It the national or state government.
2. There are three arms of central government which are;
(i) The Legislature (Parliament)
(ii) The Executive
(iii) The Judiciary
I. LEGISLATURE
1. Is the organ of the government which makes laws.
2. It consists of;
(i) National Assembly
(ii) The President
I. THE NATIONAL ASSEMBLY
It consists of;
(i) Members representing the constitutiencies.
(ii) Five members represent the House of Representatives of Zanzibar.
(iii) Ten members nominated by the president.
(iv) Women members who represent their political parties participated in general election.
(v) The Attorney General.
The leader of National Assembly is Speaker assisted by deputy speaker. Also parliament has seventeen committees. (Mention them)
FUNCTION OF PARLIAMENT
(i) To make laws.
(ii) To approve government budget.
(iii) To oversee the government plans and programmes.
(iv) To debate issues tabled before it.
(v) To approve prime minister.
II. THE PRESIDENT
President is important in the parliamentary businesses because;
(i) All bills must be assented by him before they become law.
(ii) He has the power to dissolve the parliament.
The president can dissolve the parliament under the following circumstances;
(i) When five years of incumbent parliament are over.
(ii) When parliament refuses to approve the government budget.
(iii) When the parliament refuses to support the important national policy
HOW LAWS ARE MADE
1. A proposal for a new law is called a bill.
2. The following are the steps a bill undergo to become law.
– If the president assents the bill, it becomes a law or an Act.
– If the president rejects the bill, it goes back to parliament for further discussion.
– If two thirds of members of parliament support the rejected bill the president will dissolve the parliament.
THE EXCECUTIVE
1. Is the arm of the government responsible for enforcing laws.
2. The executive consists of the following;
(a) The president
(b) The cabinet
(c) The civil service
A. THE PRESIDENT
The president of the URT is the head of state, head of government and commander – in-chief of the Armed Forces.
AS HEAD OF STATE S/HE;
(i) Represents the country abroad.
(ii) Signs treaties with foreign countries.
(iii) Assents or disapproves parliamentary bills.
(iv) Declares the state of emergency.
(v) Has power to pardon criminals (prerogative of mercy).
AS HEAD OF GOVERNMENT S/HE;
(i) Is the chairperson of the cabinet.
(ii) Can dissolve the parliament.
(iii) Appoints ministers, regional commissioners. District commissioners etc
(iv) Appoints chief justice and other judges.
AS COMMANDER IN CHIEF S/HE;
(i) Appoints Inspector General Police (IGP)
(ii) Orders operation for the defence of the URT
(iii) Can declare war.
(iv) Has power to order the army to operate in international peace keeping operations.
B. THE CABINET
1. Cabinet is the main advisory organ for the president.
2. It consists of;
(i) The president
(ii) Vice president
(iii) President of Zanzibar
(iv) Prime minister
(v) Attorney General
Note: Deputy Ministers are not members of cabinet.
C. CIVIL SERVICE
1. Civil service is composed by;
– Permanent secretaries
– Head of departments
– Commissioners.
2. The civil service is headed by the State Executive Officer who is also a permanent secretary in
the president’s office.
3. Civil servants are professionals who work for the government, e.g. teachers, doctors,
accountants etc.
4. Civil servants must have good qualities such as skills, efficiency, honesty and confidentiality.
5. In Tanzania civil service includes all government departments except the Judiciary and the Army.
THE JUDICIARY
1. Judiciary is the organ of the government which interprets laws.
2. It is headed by Chief Justice.
3. The structure of the Judiciary has the following courts from the bottom;
(i) Primary Courts
(ii) District courts
(iii) Resident Magistrates’ courts.
(iv) The High Court
(v) The Court of Appeal
– Primary, district and resident magistrates’ courts are found and operate at regional level.
– They decide both civil and criminal cases.
– High Court and Court of Appeal hear appeal cases from the regional based courts and other serious cases like murder, treason and economic sabotage.
– Other courts include; special constitutional court, the court system of Zanzibar, the commercial courts, ward tribunals and housing tribunals.
FUNCTIONS OF JUDICIARY
(i) To settle disputes among the people.
(ii) To protect the rights of the citizens.
(iii) To interpret laws.
(iv) To provide justice in the country.
(v) To act as the guardian of the constitution.
THE CENTRAL GOVERNMENT SOURCES OF REVENUE
The central government gets its money from;
1. Taxes
There are two types of taxes
(i) Direct tax – which is charged direct from the payer. E.g. income tax
(iii) Indirect tax – which is charged upon consumption of goods and services. E.g. Value Added Tax (VAT)
2. Domestic loan/borrowing e.g from the World Bank and IMF
3. Grants – these are non – payable funds given to poor countries for help.
4. Licenses.
5. Profit from parastatals.
6. Other sources – like industrial, agricultural and tourism sectors which bring foreign currency in the country.
THE CENTRAL GOVERNMENT EXPENDITURE
(i) To provide social services like education and health services.
(ii) To build and maintain infrastructures such as roads, railways, harbours.
(iii) To pay salaries to the workers.
(iv) To pay debts.
(v) To provide subsidies to local government.
(vi) To provide subsidies to political parties with parliamentary seats in the National Assembly.
UNION AFFAIRS IN THE CENTRAL GOVERNMENT
1. Tanganyika and Zanzibar united on 26th April 1964 to form the United Republic of Tanzania.
2. There are 22 union matters some of which are;
(i) The Constitution of the United Republic.
(ii) Defense and Security.
(iii) Foreign Affairs and International Cooperation.
(iv) The Police.
(v) Citizenship.
(vi) Higher Education.
(vii) Court of Appeal.
(viii) Financial matters and Currency.
NON – UNION MATTERS
Some of them are;
(i) Local government.
(ii) Road maintenance and Travel.
(iii) Agriculture and livestock.
(iv) Trade and small scale industries.
(v) Prison.
FACTORS/ REASONS FOR THE UNION
1. Common historical background e.g. Both Tanganyika and Zanzibar were colonised by the British and both experienced slave trade.
2. Common language – Kiswahili which unites the people of both sides.
3. Defence and security against external enemies.
4. To enhance African Unity.
