Pillars of the state

Pillars of the State

The State is an instrument with the power to do political and administrative activities in a country, regardless of the size of the country. In Tanzania, the State comprises three pillars, which are the Government (the Executive), Parliament (the Legislature) and the Judiciary. Each pillar has its own power and performs its duties without being interfered with by the other pillars.

These pillars of the State perform their functions according to the Constitution of the United Republic of Tanzania.

The Executive (Government) of the United Republic of Tanzania

Under Article 34 of the Constitution, the Executive branch is led by the President and is responsible for performing administrative functions and providing public services. The key functions of the Government include:

1. Protection of the Constitution and National Interests: Safeguarding the Constitution, laws, national boundaries, citizens' well-being, and natural resources.
2. Public Service Delivery: Ensuring the provision of quality services such as education, healthcare, water, and communication.
3. Infrastructure Development: Improving the quantity and quality of infrastructure.
4. Economic Management: Managing the national economy, good governance, and democracy.
5. Political and Civic Education: Educating citizens on their political rights, responsibilities, and participation in elections.

The Parliament of the United Republic of Tanzania (Legislature)

The Parliament is responsible for enacting laws and representing the people. Established under Article 62 of the Constitution, it consists of two parts: the President and the National Assembly.

1. Presidential Role in Parliament: The President addresses Parliament when the new Assembly convenes and when it is dissolved before general elections.
2. Law-making Process: Parliament enacts laws, delegates powers to other institutions for regulation-making, and must ensure that these regulations do not conflict with national laws.

Functions of Parliament

1. Enacting Laws: Parliament makes national laws and can delegate the power to local governments or institutions to make regulations and by-laws, provided these don't conflict with national laws.
2. Budget Approval: Parliament discusses and approves the budget for each ministry and examines revenue collection and expenditure.
3. Ratifying Agreements: It approves national and international treaties.
4. Government Oversight: Parliament oversees and advises the Government on its functions and ensures accountability.
5. Election of the Speaker: Parliament elects the Speaker and Deputy Speaker to lead sessions and committees.
6. Prime Minister Appointment Approval: The President appoints the Prime Minister, but Parliament must approve the appointment.
7. Vote of No Confidence: Parliament can remove the President through a referendum if they violate the Constitution.
8. Investigation of Corruption: Parliament has the authority to investigate corruption, embezzlement, and human rights violations.

Leadership in Parliament

1. The Speaker: Elected by Parliament, the Speaker oversees all parliamentary activities.
2. The Deputy Speaker: Elected from Parliament, the Deputy Speaker assists the Speaker in their duties.
3. Chairpersons: They lead parliamentary sessions in the Speaker's absence.
4. The Prime Minister: Heads all Government activities in Parliament.
5. Leader of the Opposition: Elected from the opposition party with the largest number of seats, the Leader of the Opposition holds a key role in scrutinizing the Government.
6. Secretary of Parliament: Appointed by the President, the Secretary is the Chief Executive Officer of Parliament, managing staff and parliamentary schedules.

The Judiciary of the United Republic of Tanzania

The Judiciary is an essential part of Tanzania's governance, responsible for interpreting laws, administering justice, resolving conflicts, and making legal decisions. Legal decisions are made through a court system that has five levels:

The structure of the Tanzanian Judicial system

Primary Court

Level: The lowest court in Tanzania's judicial system. Location: Found at the ward level. Leadership: Headed by a magistrate with a Bachelor's degree in law and a post-graduate diploma in legal practice. Cases: Handles both criminal and civil cases within specified amounts as outlined by law. Defendants and plaintiffs are not represented by advocates in this court.

District Court

Leadership: Headed by an experienced magistrate with a Bachelor's degree in law and a post-graduate diploma in legal practice. Cases: Adjudicates cases of a specific monetary value, as stipulated by law.

Resident Magistrates' Court

Level: Regional court. Leadership: Headed by an experienced magistrate with a law degree. Representation: Advocates can represent defendants or plaintiffs in civil and criminal cases. Cases: Hears all civil cases, except murder cases and those with special offenses as per the Criminal Procedure Act.

High Court of Tanzania

Leadership: Headed by an experienced judge with a law degree. Cases: Handles serious cases, including murder and civil cases that exceed the specified amount handled by District Courts. Divisions: The High Court has specialized divisions, including the Commercial Division, Labour Division, and Land Division.

Court of Appeal

Level: The highest court in Tanzania. Leadership: Headed by the Chief Justice. Function: Hears appeals from the High Court of Mainland Tanzania and Zanzibar.

Structure of the Tanzanian Judiciary

The structure of the Tanzanian Judiciary is organized as follows:

1. Court of Appeal (highest)
2. High Court
3. Resident Magistrates' Court
4. District Court
5. Primary Court (lowest)

Functions of the Judiciary in Tanzania

The core functions of the Judiciary include:

1. Law Interpretation: Interpreting laws enacted by Parliament and local government authorities.
2. Equal Rights Protection: Ensuring that all citizens have equal rights, regardless of their color, tribe, religion, or status.
3. Case Resolution: Hearing and deciding various types of cases, including civil, criminal, and constitutional matters.
4. Enforcing Compensation and Orders: Ensuring that appropriate compensation is provided and that court orders are enforced.
5. Rights Protection: Safeguarding citizens' rights and ensuring justice is served.

Challenges faced by the Judiciary

1. Delays in Decision-Making: Some cases face delays due to incomplete investigations or delays in investigations.
2. Infrastructure Issues: Courts often suffer from poor infrastructure and lack of equipment.
3. Manpower Challenges: There is insufficient manpower in the Judiciary to handle cases efficiently.
4. Corruption: Some servants in the Judiciary engage in corrupt practices, which undermine the effectiveness of the justice system.

The relationship between the three pillars of the State

The Government: It prepares bills, policies and development plans which are tabled and discussed in Parliament. Parliament: It enacts laws, receives bills and government plans from the Cabinet and discusses, improves and approves or rejects them. The Judiciary: It interprets, protects and enforces the laws enacted and passed by Parliament with a view to giving equal rights to citizens and non citizens. In principal, the three branches of the State have the same powers and are interdependent.