Structure of Court System in Tanzania
Unlike the Supreme Court of the mainland, there is only one division of the Supreme Court in the Zanzibar region. This court has a registry in Pemba and Zanzibar, but the registry in Pemba does not have a resident judge. On the Tanzanian mainland, there are currently 14 regional high courts based in Dar es Salaam. There are two types of courts at this level that share the same level of jurisdiction, district courts and trial courts. These were established under the Courts of First Instance Act 1984. [7] District courts exist in all districts of the country and resident magistrates` courts are mainly located in major cities and serve as regional seats for district courts. They also receive appeals from the courts of first instance, but you can go directly to a lower court if they wish. [8] The Supreme Court of Tanganyika was established in 1920 when the British took control of Tanganyika over Article 17 of the Tanganyika Ordinance to the Council. The British established a dual hierarchical structure, with the lower courts and the High Court operating primarily under English common law. The Special Constitutional Court was established by Article 125 of the Constitution as part of the Tanzanian judiciary.
This tribunal is constituted only in the event of disagreement between the Government of the United Republic and the Revolutionary Government of Zanzibar on the interpretation of the Constitution. The court does not have the power to intervene or set aside decisions of courts of appeal or high courts. Judges are appointed individually for each case. The Mainland Legal Society has half of the membership, while Zanzibar has the other half. Section 108 (1) of the 1977 Constitution of the United Republic of Tanzania established the High Courts within the Tanzanian judiciary. The court has full authority over all cases. The High Court hears all appeals from the lower courts. A Chief Justice is responsible for the High Courts. The President appoints the President and other judges of the High Court after hearing the JSC. To expedite cases, the High Court has three specialized divisions: commercial, labour and land. Apart from the Special Constitutional Court, the highest court on the Tanzanian mainland is the High Court of Tanzania.
There are separate high courts for mainland Tanzania and Zanzibar, which deal separately with civil and criminal cases from both regions. The high courts of mainland Tanzania are divided into three parts, which are indicated as follows: The high courts of Tanzania have registers in Moshi, Tanga, Arusha, Iringa, Bukoba, Dodoma, Mbeya, Tabora and other regions and all these registers have their own resident judges. In the islands, the High Court is the highest court. There are 2 high dishes on the islands: one in Unguja and the other on Pemba Island. The Chief Justice of Zanzibar is the highest court on the island. Zanzibar`s judicial system is generally similar to that of the mainland, except that it preserves Islamic courts known as Kadhi courts. In 1985, the courts in Zanzibar were established alongside those on the mainland. Islamic courts deal with certain civil law issues. Cases concerning the Constitution of Zanzibar are heard only by the courts of Zanzibar. All other cases may be appealed to the Court of Appeal of the Republic. It is the highest court in the United Republic of Tanzania and has jurisdiction over appeals from the Supreme Court of Tanzania and the Supreme Court of Zanzibar. District courts and courts of first instance are headed by magistrates, with courts of first instance having more limited jurisdiction than district courts.
Other more specialized courts are the Commercial Court and the Regional Court. In the United Republic of Tanzania, the courts are organized according to a clear and very simple hierarchy, which has prioritized the higher and lower courts. There is also a Constitutional Court, which has been established to settle disputes between mainland Tanzania and Zanzibar. To understand in more detail the hierarchy of courts in Tanzania, you can consult the following information. After the British took control of Tanganyika in 1920, Article 17 of the Tanganyika Ordinance established the Supreme Court of Tanganyika in the Council in 1920. The British established a two-tier system consisting of the High Court and the lower courts, which operated primarily under English common law. [3] Tanzanian mainland law is a combination of British and East African customary law and Islamic law. District courts are headed by appointed judges.
They have limited jurisdiction and the right to appeal to the district courts, which are presided over by resident or district judges. An appeal can be lodged with the High Court, which consists of a Chief Justice and 17 judges appointed by the President. It has both civil and criminal jurisdiction over all persons and all matters. Appeals to the High Court may be made to the five-member Court of Appeal. Judges are appointed to the Court of Appeal and the High Court by the President on the advice of the Chief Justice, and to the lower courts by the Chief Justice. Magistrates` courts are the lowest courts in the country in the hierarchy of justice in Tanzania. By 2020, there will be more than 700 trial courts in the United States. They handle a wide range of civil and criminal cases. The Tanzanian judiciary is the judicial system that interprets and applies the law in Tanzania. The current judicial system is based on the Constitution of the United Republic of Tanzania of 1977. [1] According to the Constitution of Tanzania, judges and magistrates are independent of the government and subject only to the Constitution and the law. The country has a dual legal system in which there is a judicial structure responsible for mainland Tanzania and another for Zanzibar.
The Court of Appeal of the United Republic was established in 1979 as the last court of appeal with jurisdiction for the entire Union. [2] Resident magistrates and district courts, Tanzania`s second highest level of justice, are the two types of courts that share the same jurisdiction at this level. The Courts of First Instance Act 1984 established these courts. Resident magistrates` courts are mainly located in large cities and serve as the regional headquarters for district courts. District courts are located in all districts of the country. They also hear appeals from the courts of first instance; But if you prefer, you can go straight to a lower court. The courts of first instance are the lowest courts in the country. In 2020, there were nearly 700 main courses spread across the country. They deal with criminal and civil cases of a customary nature. [9] Judicial structure of the United Republic of Tanzania dealing with power, language and composition.