The judicial/court system of Tanzania.

Judicial system is the arrangement or organized structure of courts, judges, and legal processes within a country or jurisdiction that administers justice and resolves legal disputes. Is the arrangement of courts in the hierarchy basing on its powers to entertain matters.

In Tanzania, the judicial system is established by two distinct sets of laws. first, we have the Constitution of the United Republic of Tanzania, Cap 2 of 1977 (CURT), which establish the High Court and Court of Appeal. Also, there are various other statutes that establish other courts such as Resident Magistrate Courts, District Courts, Primary Courts, Land Courts and High Court Divisions.

1. The Court of Appeal of Tanzania

The court of appeal is established under Art.117 of the constitution. It was established for first time during 1979 after the collapse of the East Africa Community which led to the good death of East African Court of Appeal (EACA) which was used as a court of appeal to all member states of EAC. The court of appeal is given powers to:

a) Hear appeals from the High Court and subordinate court with extended jurisdiction.

b) Revise the decision of High Court and subordinate court with extended jurisdiction as per section 4 of the Appellate Jurisdiction Act Cap141 R.E 2019. The C.A.T. has no original jurisdiction hence cannot hear any matter for the first time, it only hear appeals emanates from High Court or RMs with extended jurisdiction.

The C.A.T. is the highest and final court of appeal in every case to say criminal and civil except:

i) It cannot determine cases involving Islamic matters from Kadhi’s court, as per Art.98 (2) (a) of Constitution of Zanzibar.

ii) It cannot hear and determine cases involving the Government of Tanzania and Zanzibar per Art.117 (2) C.U.R.T. Such cases are reserved for the Special Constitution Court per Art.125 C.U.R.T.

2. The High court

It is established under Art.108 of the constitution. The High Court has unlimited jurisdiction and can try any matter of any pecuniary value not falling under powers of subordinate courts. See section.2 of the Judicature and Application of Laws Act, Cap.453. Again, the High Court has original jurisdiction where it can exercise its powers as per Art.108 (2) C.U.R.T. High Court has original jurisdiction on murder cases etc.

The High Court has the following powers:

a) Has power to determine appeals from subordinate courts under SS.359 CPA; 25(1)(a), 43(1), 31 and43 (2) of the M.C.A

b) Has a revisionary power of decisions of subordinate courts, as per SS.372 C.P.A; 43(2), and 31 M.C.A.

c) Has a supervisory power over the subordinate courts per SS.30 and 44(1) (a) M.C.A.

3. The Resident Magistrate’s Courts:

Section 5 of Magistrates Court Act give powers to Chief Justice to establish resident magistrate courts through a published Gazette order. This order must be published in the Government Gazette and must specify the designation and area of jurisdiction as per SS.5 (1), (2) and (3) M.C.A. The Chief Justice also holds the power to modify a resident magistrate court's designation or the geographic scope of its jurisdiction through a Gazette order. Such changes won't impact the court's ongoing jurisdiction over proceedings initiated prior to the alteration.

The powers of the RM’S court are;

a) A court of a resident magistrate have and exercise jurisdiction in all proceedings in respect of which jurisdiction is conferred by the Second Schedule to the MCA and any law for the time being in force on a court of a resident magistrate or on a district court presided over by a resident magistrate or a civil magistrate, in the exercise of its original jurisdiction. See S.41MCA.

b) RM in charge has the revisionary powers per SS. 44(2)(3) and 30(2)(a) MCA.

c) RM can be given extended jurisdiction per SS.45 MCA and 173 CPA.

4. District Courts

District court is established under S.4 MCA. The DC normally exercise jurisdiction within the relevant district unless such jurisdiction is extended by the Chief Justice as per S.4 (5) MCA.

District courts have the following powers:

a) Powers to try all cases covered by the Penal Code or other cases specified by any other law, SS. 40(1) and 42(a) MCA.

b) Powers to hear appeals and revision over the decisions of the primary courts in their relevant districts SS.20-22 MCA.

c) Powers to sentence convict brought to them by primary courts under the Primary Court Criminal Procedure Code.

d) Appellate powers on all matters involving points of law from the Ward Tribunal under the Ward Tribunal Act, 1985.

5. Primary Courts

Primary courts are established under S.3 MCA, however the CPA does not govern them but the Primary Court Criminal Procedure Code governs the procedures, which is the third schedule to the MCA.

Primary courts are required to sit with two assessors and before the final verdict is passed, the magistrate must consult them as per S.7 (1) MCA and Rule 3 of GN.No.2 of 1988.

Primary courts have no general criminal jurisdiction except for what is covered by the first Sch. to the MCA as per S.18 (1) MCA. Under S.18 (3) MCA the minister may increase the list of offences triable by the primary courts where he deems fit.

Primary courts act as a final court of appeal from all appeal originating from the Ward Tribunals in their respective areas as per Ward Tribunal Act, Cap. 206. However, where the primary court specifies that a particular matter involve a point of law a further appeal may lie to the Primary court under S.20 of the Ward Tribunal Act, Cap.206.

OTHER COURTS.

1. Land Courts

Subject to section 167 of the Land Act and section 62 of the Village Land Act, every dispute or complaint concerning land is to be instituted in the following courts;

a. the Village Land Council, b. the Ward Land and Housing Tribunal; c. the District Land and Housing Tribunal; d. the High Court; or the Court of Appeal of Tanzania. See section 3 of the Land Disputes Courts Act Cap 216 R.E 2019.

2. Court Martial and Court Martial Appeal Court

Court-martials function as military tribunals responsible for trying military personnel who commit service-related offenses during their duties. These tribunals are established by the National Defense Act, Cap. 192, and their procedural regulations are formulated under Section 66 of the same Act. The President is authorized by Section 96 of the NDA to convene these tribunals. Exclusive jurisdiction over service offenses is granted to these tribunals as outlined in Article 111.5 of the Regulations. Appeals from court-martial decisions are directed to the Court Martial Court of Appeal, which essentially constitutes the full panel of the High Court. This process is defined by Section 146 of the National Defense Act.

3. High Court Divisions

3.1 Corruption and Economic Crimes Division

This court is established under S. 3 of the Economic and Organized Crime Control Act [CAP. 200 R.E. 2022]. In essence, it constitutes the High Court functioning as an economic crimes court. Its composition is formed by one judge and two laypersons as stipulated in Section 4 of the E.O.C.C.A. Additionally, As per section 13(3), the proceedings of the Court is to be conducted in any building or room in which the sittings of the High Court are ordinarily held or, subject to the directions of the appropriate judicial authority, in such other place which is different from, but is fit for use as, a court room.

3.2 Labor Court Division

Established under section 50 of the Labour Institutions Act Cap 300 R;E 2019 and given powers over labor matters as provided under section 51 of the same Act.

3.3 Land Court Division

See section 37, 38 and 39 of the Land Disputes Courts Act Cap 216 R.E 2019, 

3.4 Commercial Court Division

Commercial Division of the High Court of Tanzania is a specialized court established Under Rule 5A of the High Court Registries (1984) Rules as amended by GN 141 of 1999 which was later repeated and replaced by GN 96 of 2005 which states that:-

"There shall be a Commercial Division of the High court within the Registry at Dar es Salaam and at any other Registry or sub-registry as may be determined by the Chief Justice in which proceedings concerning Commercial Case may be instituted "

GN 96 of 2005 has been repeated and replaced by GN 250 of 2012. Thus, the establishment of Commercial Division of the High Court was in consonant with the provisions of Article 108 of the Constitution of the United Republic of Tanzania.

4. Juvenile Courts

These courts are established under section 97 of The Law of the Child Act [CAP. 13 R.E. 2019] to deal with juvenile offenders. Normally the Primary Courts in Tanzania are used as juvenile courts. The aim here is to save the children from the rigors of procedures involved in respect of adults, thus a need to establish special courts for that case, also this is in line with international laws on the rights of children.

A Juvenile Court has have power to hear and determine- criminal charges against a child; and applications relating to a child care, maintenance and protection.