KATIBA YA JAMHURI YA MUUNGANO WA TANZANIA
Katiba ilianza kutumika tarehe 26 April 1977
KUJIUZULU KWA VIONGOZI WA KIKATIBA
IBARA YA 149
a] RAISI WA JAMHURI YA MUUNGANO-Taarifa ya kujiuzuru ataiwasilisha kwa spika
b] SPIKA/NAIBU WAKE –Taarifa hiyo ataiwasilisha kwenye Bunge la Jamhuri
c] MBUNGE-Taarifa hiyo ataiwasilisha kwa Spika
d] Kama mtu ameteuliwa/ amechaguliwa atawasilisha kwa mtu aliyemteua/aliyemchagua e.g anaweza kuwa mtu au kikao
PROCEDURE-Taarifa ya kujiuzulu ataiwasilisha kwa kutoa taarifa ya maandishi na kutiliwa sahihi na mkono wake.
WATU AMBAO KIKATIBA MADARAKA YAO HAYAWEZI KUKAIMIWA
Ibara ya 150-Waziri,Naibu Waziri,Jaji wa Mahakama ya Rufani,Jaji wa Mahakama Kuu,Mjumbe wa Tume ya Kudumu ya Uchunguzi au Mjumbe wa Tume ya Uchaguzi.
MAMBO YA MUUNGANO
1. Katiba ya Tanzania na Serikali ya Jamhuri ya Muungano wa Tanzania
2. Mambo ya nchi za nje
3. Ulinzi na Usalama
4. Polisi
5. Mamlaka juu ya mambo yanahusika na utangazaji wa hali ya hatari
6. Uraia
7. Uhamiaji
8. Mikopo na biashara ya nchi za nje
9. Utumishi katika serikali ya Jamhuri ya Muungano
10. Kodi ya mapato ,forodha na ushuru unaosimamiwa na idara ya forodha.
11. Bandari,usafiri wa anga,Posta na Simu
12. Sarafu na fedha kwa ajili ya Malipo yote halali,Mabenki na shughuli zote za mabenki,Fedha za kigeni na usimamizi wa fedha za kigeni.
13. Leseni ya viwanda na Takwimu
14. Maliasili ya Mafuta na gesi.
15. Baraza la Mitihani la Taifa
16. Usafiri na usafirishaji wa anga
18. Utafiti
19. Takwimu
20. Mahakama ya Rufani ya Jamhuri ya Muungano wa Tanzania
21. Uandikishaji wa vyama vya siasa.
MAHAKAMA MAALUM YA KATIBA YA JAMHURI YA MUUNGANO
IBARA YA 126.
JURISDICTION-Kusikiliza shauri lililoletwa mbele yake na kutoa uamuzi wa usuluhishi juu ya suala lolote linalohusika na Tafsiri ya Katiba hii
UWEZO WA KUFUNGUA SHAURI-Ni serikali ya Muungano na Serikali ya Mapinduzi Zanzibar tu ndizo zina uwezo wa kufungua shauri
-Mahakama ya Katiba haitakuwa na uwezo wa kubadili maamuzi ya Mahakama ya Rufaa.
-RUFAA-Hakuna haki ya kukata Rufaa dhidi ya Uamzi wa Mahakama ya Katiba
-Kila upande utachagua nusu ya wajumbe na wajumbe hao watatakiwa kuwa majaji au wenye uwezo wa kufanya kazi ya Jaji.
-IBARA YA 117[2]Mahakama ya Rufaa haitakuwa na Uwezo wa kushughulikia ubishi kati ya serikali mbili juu ya katiba hii
QUORAM-Lazima wajumbe wote wawepo
MAHAKAMA YA RUFANI YA JAMHURI YA MUUNGANO.[IBARA YA 116]
Ina uwezo wa kusikiliza na kutoa uamzi juu ya kila Rufaa iliyoletwa mbele yake kutoka Mahakama kuu au Mahakama ya Hakimu
-FULL BENCH-Majaji watano
-Kusikiliza application-JAJI MMOJA
-Kusikiliza Appeal-Majaji watatu
2. THE TRANSFER OF PRISONERS ACT 2004
The Act provides for the Transfer of Prisoners between the URT and other countries for the purposes of enforcing sentences of imprisonment passed upon them.
TARGET-Tanzania Prisoners serving their sentences in a foreign country or a non Tanzanian serving his sentences for offences committed in the URT
TRANSFER OF PRISONERS TO URT
There must be an agreement between Tanzania and that country and every request must be in writing.
WHO MAY REQUEST FOR THE TRANSFER
A] A prisoner himself-but the country where he is to be taken must consent to receive him
B] His representative –but the country where he is to be taken must consent to receive him
C] The country concerned may apply that a particular prisoner be transferred to its jurisdiction
However the Minister concerned has to ask the Attorney General if the prisoner request to serve his sentence in the URT
The Minister concerned has the right to query for information whether
-the Prisoner applied himself and consented for the transfer proposed by the government or his relatives.
If the Prisoner is a resident of Zanzibar, the Minister in Zanzibar has to be consulted first
-If the Prisoner has 6 months left to finish his sentence then he is not eligible, unless there are special circumstances.
-If the Minister wants that a particular prisoner be transferred to Tanzania he issues a warrant
-If the Minister refuses to allow a prisoner to serve his sentence in the URT,he may appeal to the Court of LAW
-Even insane are eligible, but the A.G has to consent.
TRANSFER OF PRISONERS FROM THE URT
-There must be an agreement
-The principal commissioner of prisoners shall cause to be foreign prisoners to be informed of the agreement.
APPLICATION
The prisoner has to apply to the Minister through the Principal Commissioner of Prisons to be transferred to his own country
-The president has the power to pardon him of his sentence even if he is in his own country and the Minister has the duty to inform that country of the same
-The cost of the transfer shall be borne by URT and that other country
-But if he is a Tanzanian citizen, the cost has to be borne by himself or his agent or in exceptional circumstances, he may not
PRISONERS IN TRANSIT
The minister may to refuse a permit for transit where
-the prisoner is a citizen of URT
-The offence he has been convicted is not an offence under the laws of URT
-Prisoner is also wanted in Tanzania for some offences
THE INQUEST ACT, 1980
Inquest means an inquiry held by a coroner under this Act into the death of any person.
The minister may, after consultation with the principal judge by order establish a coroner’s Court
-Where a coroners court is not established in a particular area,inquest in that area shall be conducted by the District and Resident Magistrates
FUNCTION OF THE CORONER’S COURT
To inquire into the death of any person who
1. Is suspected to have died violently or of unnatural cause
2. Dies a sudden death the cause of which is unknown
3Dies or is found dead in such place and in such circumstances as to require an inquest in pursuance of the provision of any written law
QUALIFICATION FOR AN APPOINTMENT
1. Public officers or retired public officers who are qualified shall be appointed by the principal judge after consultation with the appropriate authority
2. Principal judge, after consultation with the chief Justice appoint a Magistrate
POWERS AND DUTIES OF A CORONER
1. May proceed suo mottu upon the receipt of the information
2. Upon the opinion of the appropriate authority, the coroner can be directed to conduct an inquiry.
POWER TO DISPENSE WITH AN INQUEST
1. Where there is a clear medical report on the matter
2. Where there is any other evidence which is clear
That there was no problem with the death of the deceased
POSTPONEMENT AND ADJOURNMENT OF INQUEST
1. Where there are proceedings in court concerning the same matter and person are about to be brought in court concerning the same matter.
-But on conclusion of the case he may proceed to investigate where he sees that there are some issues of public interest, but if he discovers that there is no public benefit, he should certify and inform the DPP
-If the inquest is conducted after the conclusion of the case, it shall not contain fact which charges a person with an offence
POWER TO ORDER EXHUMATION
The coroner has power to order exhumation if the death of the person attracts inquest. He also has power to order the conduct of post mortem examination
HOLDING OF INQUEST
-Can be conducted if a person is dead or a body is found of a person who died under mysterious circumstances.
--The one who finds it is obliged to inform the coroner or the police officer or an appropriate authority
-Upon receiving that information, the police officer or that appropriate authority shall inform the coroner
PRELIMINARY EXAMINATION OF THE BODY
When a dead body is brought to the hospital, a medical practitioner authorized by his in charge shall make external examination of it and make a report to the Coroner who if he thinks fit may order post mortem examination and the same should be reported to the coroner
INQUEST OF SUDDEN OR VIOLENT DEATH
May be conducted by the coroner by viewing the body or not
WITNESSES
The CORONER HAS THE POWER TO CALL WITNESSES and MAY CONDUCT THE CASE WITH THE AID OF ASSESSORS
*Even if the death occurred outside the URT, still the Coroner has jurisdiction to query.
EXECUTION AND DEATH IN PRISONS
Where the offender is executed, within 24 hrs,the coroner must inquire into and ascertain the identity of the body and the cause of death and whether the judgment was duly executed.
-whenever a person dies in custody, the coroner must soon hold an inquest with not less than 3 assessors
-DPP has power to order an inquest be conducted by the coroner
THE AIM OF INQUEST
-To ascertain who the deceased was
-How, When and where he came by his death
-whether the circumstances of his death discloses an offence
*The coroner is not allowed to express his opinion more than the above three or shows that there is a civil liability.
VIEWING THE BODY
Shall be viewed by a coroner, or he shall satisfy himself that the body has been viewed by the police officer, or a medical practitioner or any trustworthy person before the inquest
-evidence shall be adduced by reading statements recorded by police officers or other public officials and no personal appearance is allowed
APPEARANCE OF WITNESSESS
Can be made at the request of an interested party or by coroner’s motion and shall have powers of the magistrate r.g issuing of summons
EXAMINATION OF WITNESSES
Is allowed at the request of an interested party to cross examine them IN
PERSON OR THROUGH AN ADVOCATE
DEATH IN THE COURSE OF EMPLOYMENT
-The member of a trade union
-the employer
-any appointee of the ministry of labour
MODE OF EXAMINATION
The coroner--------the person assisting the witness
------no one is allowed to address the coroner as to the fact, but with leave of the it,he may address the law.
CONCLUSION OF AN INQUEST
-State whether an offence is disclosed but he should name no one in connection with an offence release the witness and send a report to the DPP
-He shall deliver a report to the Registrar of the High Court
POWER OF THE HIGH COURT
1. it can reopen the inquest for taking further evidence
2. Quashing the findings and substituting it with another lawful finding according to the evidence.
3. Quash an inquest without ordering anything
THE EXECUTIVE AGENCIES ACT, 30 1977
-They are semi autonomous
The executive agencies have power to enter into contracts in their own name-ss 3
-capable of suing or sue in their own name in contract,
-all laws applicable to legal proceedings shall apply save for the government proceeding act
-Have power in their own name to –borrow
- hold or dispose movable and immovable property with the approval of the permanent secretary
THE NGO ACT, 2002
-Each NGO shall be registered by the Registrar; however, if the law requires it to be registered under other laws, it has to.
-However, if it is registered or established under any other written law, it has to apply for a certificate of compliance from the Registrar under this Act, and it shall be issued if the NGO complied with the requirements of this Act and shall have similar effect as a certificate of Registration issued under this Act.
-Certificate of compliance requires no fee
-Application for registration shall be submitted by one or more persons being founder members and shall be accompanied by
a] A copy of the constitution of the NGO
b] Minutes containing full names and signatures of founding members
c] Personal particulars of office bearers
d] Address and physical location of the Head office of the NGO
e] Application fee
f] Any other particulars as may be required
-Upon receiving the application, the Registrar shall refer it to the Board within one month, and within two month, the Board shall consider and make determinations of the matter
-The Board may approve or disapprove the application
GROUNDS FOR REFUSAL
1. Its activities are not for public interest or contrary to any written law
2. The NGO has given false or misleading information
3. on recommendation of the Council
The applicant has to be informed of the refusal within 21 days
APPEAL
If the applicant is not satisfied with the Board’s decision it may appeal to the Minister.
REVIEW
The applicant may apply to the Board for review of its decision
-If the applicant does not wish to apply to the Board for review, the applicant may appeal to the Minister against the decision of the Board and the Minister shall make decision within 2 months and he may
a] Uphold, quash or vary the decision of the Board
b] Require the Board to revise or review its decision
c] Require the Board to inquire into specific information from the applicant and make further consideration of the applicant
GROUNDS FOR SUSPENSION OR CANCELLATION
1. If it has not complied with the Certificate’s condition
2. If it has ceased to exist
3. It acted unconstitutional
4. On council’s recommendation
PROCEDURE FOR CANCELLATION OR SUSPENSION
Registrar serves a notice to the applicant prescribing the default
-The applicant upon receiving the Notice reply in writing to the Registrar regarding remedy or rectification of the default
-On failure to rectify or reply, the Registrar shall submit to the Board a motion for suspension or cancellation and if the Board is satisfied it may direct for suspension
REVIEW-To the Board
APPEAL-To the Minister
LEVEL OF REGISTRATION
1. DISTRICT-If the NGO intends to operate at that level and it shall be registered at that District by an officer in that District
2. REGION-If the NGO intends to operate at Regional level, it shall be registered at that Region by an officer in that Region
3. MORE THAN ONE REGION/INTERNATIONAL NGO.
Shall be registered at National level
THE PAROLE BOARD ACT NO 25 OF 1994
An Act to establish the Parole Boards, to provide for the Procedure to release prisoners on parole and other matter related to the parole system
ELIGIBILITY AND CONDITION
A prisoner who is serving a sentence of imprisonment for a period of 8 years or more shall be eligible for Parole if
A] He is not serving a life sentence
B] He is not serving a sentence for the offence of armed robbery, dealing in dangerous drug or defilement
C] His sentence has not otherwise been commuted
D] He has served his sentence for 4 yrs r one third of the sentence, whichever is greater
E] He has good behavior in jail
-If a prisoner fails to comply with Parole condition, he commits an offence
-if he commit an offence under this law or ANY OTHER LAW if he is convicted of an offence
*Be called to serve the remainder of the sentence for which he was released on parole
*Serve the Sentence for offence he is convicted
WHO CAN MAKE AN APPLICATION FOR PAROLE
1. An officer in charge of the Prison if he is satisfied that the Prisoner meets the condition and he proposes to the Regional Parole Board that the Prisoner be Considered for release on Parole
2. A prisoner himself may make an application to the Board if he thinks that he meets the criteria
The Regional Parole Board if it is satisfied that the Prisoner is eligible, it shall forward that prisoner’s name to the National Parole Board for further scrutiny and recommendation and advice to the Minister
-The Minister may accept or refuse
TANZANIA COMMUNICATION REGULATORY AUTHORITY ACT 2003
It regulates telecommunication, postal services, broadcasting, management of radio spectrum, covering electronic technology and other Information Communication Technology and provide for its operation
-The Authority is a body corporate with power to sue or be sued, enter into contracts, acquire properties etc
-Even though the authority is a body corporate capable of suing or be sued, the Attorney General has the Power to intervene or join in any proceedings and the Government proceeding Act shall apply accordingly.
It promotes competition, eco
nomic efficiency; protect consumers, availability of regulated services, solving complaints or disputes
THE TAX REVENUE APPEALS ACT, 2000
The Act establishes the TAX REVENUE APPEALS BOARD and THE TAX REVENUE APPEALS TRIBUNAL
THE BOARD
COMPOSITION-Chairman-Two Vice Chairmen-Four other Members
JURISDICTION-The Board shall have jurisdiction in all proceedings of a civil nature in respect of disputes arising from revenue laws administered by TRA
PROCEDURE IN INSITUTING THE CASE
1] Filing of the Notice of Objection by any person aggrieved the COMMISSIONER’S ASSESSMENT
-But the person objecting has to pay the amount of tax that is not in dispute or one third of it whichever is greater pending the determination of the dispute
-if the law is uncertain or the facts are uncertain, or there is much hardship or consideration of equity or impossibility or undue difficulty or expense of recovery of tax the commissioner may allow the person to pay lesser tax or no tax at all
-The NOTICE MUST CONTAIN GROUNDS for the objection and MUST BE FILED WITHIN THIRTY DAYS after the receipt of the assessment
EXCEPTION
If one failed to file the notice of objection in time he may apply to the Commissioner under the following excuses to file it out of time
-If a person is outside the URT
-Sickness
-Or other reasonable cause
2] If the Commissioner refuses to admit the notice of objection, the aggrieved party may appeal to the Board but the taxes have to be paid as aforesaid
-The decision of the Board shall be final
3]. Where the Commissioner General receives a notice of objection he shall call for, hear, or receive any evidence relevant to the assessment and he can amend the objection or refuse to amend it
-Where the Commissioner does not reply to the objection within six months he will be deemed to have conceded to the objection
POWERS OF THE BOARD AND THE TRIBUNAL
The Board shall have power to take evidence on oath, resolve any complaint or appeal by mediation, conciliation or arbitration; it can issue warrants of arrest for failure to comply with summons, order payment of cost, dismiss any matter before it and adjourn the proceedings before it
APPEALS AFFECTING TWO OR MORE PERSONS
If the decision of the Commissioner General affects or is likely to affect two or more persons they must be served with documents and shall have the right to appear on the hearing of the appeal as if they were parties thereto. If the Board thinks that any other person be joined it may do so.
OPINION OF MEMBERS
The chairman and the vice Chairman are not bound by their opinion but he shall give reason for so doing.
ENFORCEMENT OF THE DECISION OF THE BOARD OR TRIBUNAL
Any decree or Order of the Board or Tribunal given in the exercise of its jurisdiction shall be enforceable and executed as if it were a decree or order issued by a court of law.
APPEAL AND STAY OF EXECUTION
An appeal shall not operate as a bar for execution of any decree or order of the Board or Tribunal.
APPEAL
-Lies to the Court of Appeal on matters of laws only and the provision of the Appellate Jurisdiction Act shall apply
PRESUMPTIONS
1. COMMORIENTES
In all cases where two or more persons have died in such circumstances rendering it uncertain which one survived the other, such death shall for all purposes affecting the title to property, be presumed to have occurred in the order of seniority.
2. PRESUMPTION OF DEATH
If the person is not heard of by those who would be likely to have done so, there is a provisional presumption that he is dead. The presumption becomes persuasive is unheard of for 5yrs.
3. PRESUMPTION OF LEGITIMACY
The childe is presumed legitimate on proof of birth or conception in lawful wedlock, but it does not apply under the following circumstances
-if they are under separation
-in cases of impotence
-Non access
-blood group
-color or other features
-admission by the wife
4. PRESUMPTION OF FORMAL VALIDITY OF MARRIAGE
Where there is evidence of a ceremony of marriage which, on due compliance with the requisite formalities, is capable of producing a valid marriage by local laws, the validity of marriage would be presumed even though it can not be proved that all the formalities were followed
4. COHABITATION AND REPUTE
There is a persuasive presumption that parties are validly married where they are proved to have lived together, holding themselves out as man and wife.
4. RES IPSA LOQUITUR
5. PRESUMPTION OF INNOCENCE
THE DIPLOMATIC AND CONSULAR IMMUNITIES AND PRIVILEDGE ACT CAP 356
The provisions of the Vienna Convention on diplomatic Relations and the Vienna Convention on Consular relation shall have the force of law in the URT
-Family of head of mission /diplomatic staff/domestic staff are immune
-Immunity is for suits/legal process/inviolability of official archives
--Premises of a consular post of a foreign sovereign power shall not be entered by a police officer or other person acting in the execution of any warrant or other legal process except with the consent of the consular officer in charge or if that consent is withheld or cannot be obtained, with the consent of the minister
ENTRY
Entry in the consular premises is prohibited save where
-There is a permit or legal authority for fire extinguishing
-a police officer having reasonable cause to believe that a crime involving violence is being committed
-a person is entitled to entry by virtue of any easement, contract or other private right.
*this does not apply to any consular post being under charge of a Tanzania or is not a national of the country by which the post is maintained
They are exempt from tax
WAIVER OF IMMUNITY
Can be done by the consular himself or head of mission or the government which appointed them
-Immunity of any staff of international organizations can be removed by a
minister
QN; what does the following phrases mean-Transfer of shares and transmission of shares
TRANSMISSION OF SHARES-between the deceased or on being bankruptcy, it is usually by operation of the law.
TRANSFER OF SHARES-between leaving person
QN; which laws govern juvenile offenders
-Children and Young Offenders Act
-Corporal Punishment Act
-The evidence Act
-Criminal Procedure Act
-Prison Act
QN;Which laws govern fugitive offenders
-The Extradition Act and the Fugitive offenders [pursuit] Act.
There must be an extradition treaty between the countries concerned
The offence shall not be political
The procedures for returning the offender home are as follows
*The charge must be prepared and filed
*The High Court issues Summons for arrest
QN; involving the district Court and a party want to appeal to the High Court.
-The Appeal to the District Court shall be by way of petition-20[3] and shall be filed within 30 days
IN CRIMINAL CASES
-Can be done by a convicted person or if the person is acquitted by the complainant or DPP
IN CIVIL CASES
-any party
Section 25 of the Magistrate Court Act and section 23
-The Appeal is by way of petition
DOCUMENTS
In criminal cases
-petition
-judgment or order
-proceedings
QN; what happens when a person charged of murder pleads
-self defence=manslaughter
-provocation=manslaughter
-mistake of fact=manslaughter
-Insanity=section 219[2] of CPA
QN; what laws were amended by the sexual offences [special provisions] Act, 1998
-Penal Code
-Minimum sentences Act
-Criminal procedure Act
-Evidence Act
-Children and Young offenders Ordinance
in the penal code there is an addition of a definition of rape, in the minimum sentences Act there is an addition of 30 years imprisonment
THE EXTRADITION ACT CAP 368
Fugitive criminal-means any person accused or convicted of an extradition crime committed within the jurisdiction of any other country who is in or suspected of being in Tanzania
For the Act to apply there must be an agreement of that other country with Tanzania
REQUEST FOR SURRENDER
Shall be made to the Minister by a diplomatic representative or consular officer of that country and the minister may, by order signify to a magistrate that a requisition has been made and require a magistrate to issue a warrant of arrest and detention but if the offence is of a political nature the minister may refuse
The magistrate may issue the warrant only if there is evidence to justify the issue of warrant or on any information or complaint and any evidence
-if the magistrate issues a warrant without the order of the minister, he has to sent it to him to decide
-the prisoner is free to apply for habeas corpus
-every warrant of arrest issued by a foreign court must be endorsed by a court in Tanzania
RESTRICTION
No extradition for political offences
-if he has a case in Tanzania or is serving a sentence in Tanzania
-If the offence is of a political nature the magistrate must refer the proceedings to the minister and adjourn the case pending the minister’s decision if he decline or not
TAKING EVIDENCE FOR CRIMINAL TRIALS IN OTHER COUNTRIES
Minister may by order require a magistrate to take evidence for the purpose of any criminal matter pending in any court or tribunal in any other country and may be taken in the presence or absence of the accused
EXTRDITION CRIMES
Murder and the related offences, injury to person amounting to homicide, abduction, rape and similar offences, narcotics and dangerous drugs, damage to property, falsification of currency and similar offences, forgery and similar offences, misappropriation ,fraud and similar offences, piracy and similar offences, slave dealings
THE FUGITIVE OFFENDERS [PURSUIT ACT] CHAPTER 57
An act to make provision for enabling the police of certain contiguous countries to be authorized to pursue within the United Republic offenders fugitive from such countries
-extradition crime means those prescribed under the extradition Act.
-fugitive offender means any person accused or convicted of an extradition crime committed within the jurisdiction of any contiguous country to which this Act applies
-First that other country must have reciprocal provision for it to exercise such a right
-When such police officers of a foreign country arrest the person, they shall deliver him to the nearest police post who shall as soon as possible bring him before the magistrate
-if the magistrate is satisfied he may order that he be returned to his country from which he is a fugitive
-the Act goes together with the extradition Act
-the fugitive offender has the right of appeal/habeas corpus
-minister may order that he be discharged
THE AFFILIATION ACT CAP 278
The Act provides for maintenance of children born out of wedlock
-magistrate means a district magistrate
APPLICATION
HOW IS MADE
-On oath and served on a person alleged to be the father of the child and if an application is made before the birth of the child a woman has to make a deposition upon oath stating who the father of the child is
WHEN IS MADE
-before the child is born
-within 12 months after the birth of the child
THE REGISTRATION OF DOCUMENTS ACT CAP 117
-No document of which the registration is compulsory shall be effectual to pass any land or any interest therein or render such land liable as a security for the payment of money or be received as evidence of any dealing affecting such land unless and until it has been registered
-the registrar has the power to refuse to register a document presented y a native if he is satisfied that he didn’t understand the effect of it or its terms appear to be harsh and unconscionable
-The REGISTRAR shall give reasons for refusal to register a document
APPEAL
-Where a Registrar refuses to register a document a person aggrieved may appeal within 30 days to the High Court in suit for a decree directing the document to be registered in the appropriate register
CAVEAT
-Intends to inform the Registrar that he must be served of any document presented for registration executed by any person
-caveat shall be effective for only one year
WITHDRAWAL OF CAVEAT
Can be withdrawn by
1. The maker of it
2. Application to the Registrar by the one against whom the caveat was lodged if it was unnecessary or the claim on it cannot be sustained
APPEAL ON WITHDRAWAL OF CAVEAT
-To the High Court within 30 days
-damages can be recovered for unreasonable caveat
POWER OF THE HIGH COURT TO CANCEL REGISTRATION
-If it is a forgery
-if it contravenes this Act
-or where the instrument is rectified or set aside by a Competent Court
QN. What is the procedure in applying for prerogative Orders
APPLICABLE LAWS
1. LAW REFORM [FATAL ACCIDENTS AND MISCELLEANOUS PROVISIONS] ACT CAP 310
-Section 17 [2] In any case where the High Court would have jurisdiction to issue prerogative Orders it shall do so.
-CPC section 68 and 95
-Any person aggrieved by the decision of the High Court may appeal to The Court of Appeal
The following are the prerogative orders
1] Certiorari
2] Mandamus
3] Prohibition
4] Habeas Corpus
THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT No 33 OF 1994
The Act provides for the procedures for the enforcement of constitutional basic rights, duties and related matters.
TERRITORIAL JURISDICTION- The Act applies to Tanzania Mainland and Zanzibar
APPLICATION OF THE ACT =The Act applies only for the purposes of enforcing the provisions of the basic rights and duties set out in part III of Chapter 1 of the Constitution of the United Republic of Tanzania from article 12 up to 29.However the application of the Act is without prejudice to ant other action with respect to the same matter that is available.
COURT-Only the High Court has original jurisdiction
MODE OF MAKING THE APPLICATION-The application to the court has to be made by petition to the High Court by originating summons.
CONTENTS OF THE PETITION
I. Name of the Court
ii.Name and address of the Petitioner
iii.Name and address of the Respondent
iv.Grounds
V.Specific part of the constitution which is the basis of the Application
Vi.Particulars of facts
Vii.Redress sought
# Future breaches such as a bill proposed in parliament cannot be petitioned against until it is a law
# One cannot ask the court to pass prerogative orders under this Act
MATTERS ARISING OUT OF SUBORDINATE COURT
-If the matter arises out of Primary Court and it has touched the matters of basic rights and duties, the PCM has to refer it to the RM who shall examine it to see if it is a case fit for reference to the High Court.
-District Courts and Resident Magistrate Courts have the authority to refer the matter directly to the High Court.
COMPOSITION OF THE HIGH- 3 Judges for hearing the Petition
-1 Judge for hearing an Application
POWER OF THE HIGH COURT
Where any law is or action is made contrary to the constitution, the High Court shall not declare the law or action invalid or unconstitutional and in appropriate cases it may allow Parliament or other legislative authority or the government or other authority concerned as the case may be ,to correct any defect in the impugned law or action within a specified period, subject to conditions as may be specified by it, and the law or action impugned shall, until the correction is made or the expiry of the time limit set by the High Court, whichever is shorter, be deemed to be valid.
APPEAL-To the Court of Appeal of Tanzania’
THE GOVERNMENT PROCEEDINGS ACT CAP5 R.E 2002
The Act provides for the rights and liabilities of the government in civil matters, for the procedure in civil proceedings by or against the government and for the related matters.
PROCEDURES OF INSTITUTING SUITS AGAINST THE GOVERNMENT
[a].NOTICE OF INTENTION TO SUE
A ninety days notice of the intention to sue has to be submitted to the government must be issued to the Government Minister, Department or officer concerned specifying the basis of the claim and a COPY of the Notice must be send to the ATTORNEY GENERAL
[b]INSTITUTION OF SUITS
After the expiry of the Notice, all suits against the government shall be brought against the ATTORNEY GENERAL and a copy of the Plaint shall be served upon the Government Ministry, Department or Officer that is alleged to have committed the civil wrong on which the civil suit is based.
COURT-All suits against the government shall be instituted in the High Court of Tanzania in the area where the claim arose.
TRANSFER OF PROCEEDINGS FROM SUBORDINATE COURT TO HIGH COURT
Where the government has instituted a suit in a magistrate court, and the defendant satisfies the court that he has a claim against the government and he has obtained a consent to pursue his claim against the government, and the claim may be pursued by way of set off or counter claim in the proceedings instituted by the government, the magistrate’s court shall transfer such proceedings to the High Court.
JUDGEMENTS AND EXECUTION
SATISFACTION OF ORDERS AGAINST THE GOVERNMENT
ISSUANCE OF A CERTIFICATE BY THE OFFICER OF THE COURT
In proceedings against the government, where any order is made by a court in favour of a person against the government of officer of the government the proper officer of the court[Registrar],on application made by that person or any other in his behalf issue a certificate containing the particulars of the order
-If the certificate provides for the payment of money by way of damages or other relief or cost, the certificate shall state the amount so payable and the Permanent Secretary to the Treasury or such other government accounting Officer as may be appropriate, pay the person entitled or his advocate the amount appearing by the certificate to be due to him together with interest
-Provided that no execution, attachment or similar process shall be issued to enforce payment by the government of any money or cost.
Katiba ilianza kutumika tarehe 26 April 1977
KUJIUZULU KWA VIONGOZI WA KIKATIBA
IBARA YA 149
a] RAISI WA JAMHURI YA MUUNGANO-Taarifa ya kujiuzuru ataiwasilisha kwa spika
b] SPIKA/NAIBU WAKE –Taarifa hiyo ataiwasilisha kwenye Bunge la Jamhuri
c] MBUNGE-Taarifa hiyo ataiwasilisha kwa Spika
d] Kama mtu ameteuliwa/ amechaguliwa atawasilisha kwa mtu aliyemteua/aliyemchagua e.g anaweza kuwa mtu au kikao
PROCEDURE-Taarifa ya kujiuzulu ataiwasilisha kwa kutoa taarifa ya maandishi na kutiliwa sahihi na mkono wake.
WATU AMBAO KIKATIBA MADARAKA YAO HAYAWEZI KUKAIMIWA
Ibara ya 150-Waziri,Naibu Waziri,Jaji wa Mahakama ya Rufani,Jaji wa Mahakama Kuu,Mjumbe wa Tume ya Kudumu ya Uchunguzi au Mjumbe wa Tume ya Uchaguzi.
MAMBO YA MUUNGANO
1. Katiba ya Tanzania na Serikali ya Jamhuri ya Muungano wa Tanzania
2. Mambo ya nchi za nje
3. Ulinzi na Usalama
4. Polisi
5. Mamlaka juu ya mambo yanahusika na utangazaji wa hali ya hatari
6. Uraia
7. Uhamiaji
8. Mikopo na biashara ya nchi za nje
9. Utumishi katika serikali ya Jamhuri ya Muungano
10. Kodi ya mapato ,forodha na ushuru unaosimamiwa na idara ya forodha.
11. Bandari,usafiri wa anga,Posta na Simu
12. Sarafu na fedha kwa ajili ya Malipo yote halali,Mabenki na shughuli zote za mabenki,Fedha za kigeni na usimamizi wa fedha za kigeni.
13. Leseni ya viwanda na Takwimu
14. Maliasili ya Mafuta na gesi.
15. Baraza la Mitihani la Taifa
16. Usafiri na usafirishaji wa anga
18. Utafiti
19. Takwimu
20. Mahakama ya Rufani ya Jamhuri ya Muungano wa Tanzania
21. Uandikishaji wa vyama vya siasa.
MAHAKAMA MAALUM YA KATIBA YA JAMHURI YA MUUNGANO
IBARA YA 126.
JURISDICTION-Kusikiliza shauri lililoletwa mbele yake na kutoa uamuzi wa usuluhishi juu ya suala lolote linalohusika na Tafsiri ya Katiba hii
UWEZO WA KUFUNGUA SHAURI-Ni serikali ya Muungano na Serikali ya Mapinduzi Zanzibar tu ndizo zina uwezo wa kufungua shauri
-Mahakama ya Katiba haitakuwa na uwezo wa kubadili maamuzi ya Mahakama ya Rufaa.
-RUFAA-Hakuna haki ya kukata Rufaa dhidi ya Uamzi wa Mahakama ya Katiba
-Kila upande utachagua nusu ya wajumbe na wajumbe hao watatakiwa kuwa majaji au wenye uwezo wa kufanya kazi ya Jaji.
-IBARA YA 117[2]Mahakama ya Rufaa haitakuwa na Uwezo wa kushughulikia ubishi kati ya serikali mbili juu ya katiba hii
QUORAM-Lazima wajumbe wote wawepo
MAHAKAMA YA RUFANI YA JAMHURI YA MUUNGANO.[IBARA YA 116]
Ina uwezo wa kusikiliza na kutoa uamzi juu ya kila Rufaa iliyoletwa mbele yake kutoka Mahakama kuu au Mahakama ya Hakimu
-FULL BENCH-Majaji watano
-Kusikiliza application-JAJI MMOJA
-Kusikiliza Appeal-Majaji watatu
2. THE TRANSFER OF PRISONERS ACT 2004
The Act provides for the Transfer of Prisoners between the URT and other countries for the purposes of enforcing sentences of imprisonment passed upon them.
TARGET-Tanzania Prisoners serving their sentences in a foreign country or a non Tanzanian serving his sentences for offences committed in the URT
TRANSFER OF PRISONERS TO URT
There must be an agreement between Tanzania and that country and every request must be in writing.
WHO MAY REQUEST FOR THE TRANSFER
A] A prisoner himself-but the country where he is to be taken must consent to receive him
B] His representative –but the country where he is to be taken must consent to receive him
C] The country concerned may apply that a particular prisoner be transferred to its jurisdiction
However the Minister concerned has to ask the Attorney General if the prisoner request to serve his sentence in the URT
The Minister concerned has the right to query for information whether
-the Prisoner applied himself and consented for the transfer proposed by the government or his relatives.
If the Prisoner is a resident of Zanzibar, the Minister in Zanzibar has to be consulted first
-If the Prisoner has 6 months left to finish his sentence then he is not eligible, unless there are special circumstances.
-If the Minister wants that a particular prisoner be transferred to Tanzania he issues a warrant
-If the Minister refuses to allow a prisoner to serve his sentence in the URT,he may appeal to the Court of LAW
-Even insane are eligible, but the A.G has to consent.
TRANSFER OF PRISONERS FROM THE URT
-There must be an agreement
-The principal commissioner of prisoners shall cause to be foreign prisoners to be informed of the agreement.
APPLICATION
The prisoner has to apply to the Minister through the Principal Commissioner of Prisons to be transferred to his own country
-The president has the power to pardon him of his sentence even if he is in his own country and the Minister has the duty to inform that country of the same
-The cost of the transfer shall be borne by URT and that other country
-But if he is a Tanzanian citizen, the cost has to be borne by himself or his agent or in exceptional circumstances, he may not
PRISONERS IN TRANSIT
The minister may to refuse a permit for transit where
-the prisoner is a citizen of URT
-The offence he has been convicted is not an offence under the laws of URT
-Prisoner is also wanted in Tanzania for some offences
THE INQUEST ACT, 1980
Inquest means an inquiry held by a coroner under this Act into the death of any person.
The minister may, after consultation with the principal judge by order establish a coroner’s Court
-Where a coroners court is not established in a particular area,inquest in that area shall be conducted by the District and Resident Magistrates
FUNCTION OF THE CORONER’S COURT
To inquire into the death of any person who
1. Is suspected to have died violently or of unnatural cause
2. Dies a sudden death the cause of which is unknown
3Dies or is found dead in such place and in such circumstances as to require an inquest in pursuance of the provision of any written law
QUALIFICATION FOR AN APPOINTMENT
1. Public officers or retired public officers who are qualified shall be appointed by the principal judge after consultation with the appropriate authority
2. Principal judge, after consultation with the chief Justice appoint a Magistrate
POWERS AND DUTIES OF A CORONER
1. May proceed suo mottu upon the receipt of the information
2. Upon the opinion of the appropriate authority, the coroner can be directed to conduct an inquiry.
POWER TO DISPENSE WITH AN INQUEST
1. Where there is a clear medical report on the matter
2. Where there is any other evidence which is clear
That there was no problem with the death of the deceased
POSTPONEMENT AND ADJOURNMENT OF INQUEST
1. Where there are proceedings in court concerning the same matter and person are about to be brought in court concerning the same matter.
-But on conclusion of the case he may proceed to investigate where he sees that there are some issues of public interest, but if he discovers that there is no public benefit, he should certify and inform the DPP
-If the inquest is conducted after the conclusion of the case, it shall not contain fact which charges a person with an offence
POWER TO ORDER EXHUMATION
The coroner has power to order exhumation if the death of the person attracts inquest. He also has power to order the conduct of post mortem examination
HOLDING OF INQUEST
-Can be conducted if a person is dead or a body is found of a person who died under mysterious circumstances.
--The one who finds it is obliged to inform the coroner or the police officer or an appropriate authority
-Upon receiving that information, the police officer or that appropriate authority shall inform the coroner
PRELIMINARY EXAMINATION OF THE BODY
When a dead body is brought to the hospital, a medical practitioner authorized by his in charge shall make external examination of it and make a report to the Coroner who if he thinks fit may order post mortem examination and the same should be reported to the coroner
INQUEST OF SUDDEN OR VIOLENT DEATH
May be conducted by the coroner by viewing the body or not
WITNESSES
The CORONER HAS THE POWER TO CALL WITNESSES and MAY CONDUCT THE CASE WITH THE AID OF ASSESSORS
*Even if the death occurred outside the URT, still the Coroner has jurisdiction to query.
EXECUTION AND DEATH IN PRISONS
Where the offender is executed, within 24 hrs,the coroner must inquire into and ascertain the identity of the body and the cause of death and whether the judgment was duly executed.
-whenever a person dies in custody, the coroner must soon hold an inquest with not less than 3 assessors
-DPP has power to order an inquest be conducted by the coroner
THE AIM OF INQUEST
-To ascertain who the deceased was
-How, When and where he came by his death
-whether the circumstances of his death discloses an offence
*The coroner is not allowed to express his opinion more than the above three or shows that there is a civil liability.
VIEWING THE BODY
Shall be viewed by a coroner, or he shall satisfy himself that the body has been viewed by the police officer, or a medical practitioner or any trustworthy person before the inquest
-evidence shall be adduced by reading statements recorded by police officers or other public officials and no personal appearance is allowed
APPEARANCE OF WITNESSESS
Can be made at the request of an interested party or by coroner’s motion and shall have powers of the magistrate r.g issuing of summons
EXAMINATION OF WITNESSES
Is allowed at the request of an interested party to cross examine them IN
PERSON OR THROUGH AN ADVOCATE
DEATH IN THE COURSE OF EMPLOYMENT
-The member of a trade union
-the employer
-any appointee of the ministry of labour
MODE OF EXAMINATION
The coroner--------the person assisting the witness
------no one is allowed to address the coroner as to the fact, but with leave of the it,he may address the law.
CONCLUSION OF AN INQUEST
-State whether an offence is disclosed but he should name no one in connection with an offence release the witness and send a report to the DPP
-He shall deliver a report to the Registrar of the High Court
POWER OF THE HIGH COURT
1. it can reopen the inquest for taking further evidence
2. Quashing the findings and substituting it with another lawful finding according to the evidence.
3. Quash an inquest without ordering anything
THE EXECUTIVE AGENCIES ACT, 30 1977
-They are semi autonomous
The executive agencies have power to enter into contracts in their own name-ss 3
-capable of suing or sue in their own name in contract,
-all laws applicable to legal proceedings shall apply save for the government proceeding act
-Have power in their own name to –borrow
- hold or dispose movable and immovable property with the approval of the permanent secretary
THE NGO ACT, 2002
-Each NGO shall be registered by the Registrar; however, if the law requires it to be registered under other laws, it has to.
-However, if it is registered or established under any other written law, it has to apply for a certificate of compliance from the Registrar under this Act, and it shall be issued if the NGO complied with the requirements of this Act and shall have similar effect as a certificate of Registration issued under this Act.
-Certificate of compliance requires no fee
-Application for registration shall be submitted by one or more persons being founder members and shall be accompanied by
a] A copy of the constitution of the NGO
b] Minutes containing full names and signatures of founding members
c] Personal particulars of office bearers
d] Address and physical location of the Head office of the NGO
e] Application fee
f] Any other particulars as may be required
-Upon receiving the application, the Registrar shall refer it to the Board within one month, and within two month, the Board shall consider and make determinations of the matter
-The Board may approve or disapprove the application
GROUNDS FOR REFUSAL
1. Its activities are not for public interest or contrary to any written law
2. The NGO has given false or misleading information
3. on recommendation of the Council
The applicant has to be informed of the refusal within 21 days
APPEAL
If the applicant is not satisfied with the Board’s decision it may appeal to the Minister.
REVIEW
The applicant may apply to the Board for review of its decision
-If the applicant does not wish to apply to the Board for review, the applicant may appeal to the Minister against the decision of the Board and the Minister shall make decision within 2 months and he may
a] Uphold, quash or vary the decision of the Board
b] Require the Board to revise or review its decision
c] Require the Board to inquire into specific information from the applicant and make further consideration of the applicant
GROUNDS FOR SUSPENSION OR CANCELLATION
1. If it has not complied with the Certificate’s condition
2. If it has ceased to exist
3. It acted unconstitutional
4. On council’s recommendation
PROCEDURE FOR CANCELLATION OR SUSPENSION
Registrar serves a notice to the applicant prescribing the default
-The applicant upon receiving the Notice reply in writing to the Registrar regarding remedy or rectification of the default
-On failure to rectify or reply, the Registrar shall submit to the Board a motion for suspension or cancellation and if the Board is satisfied it may direct for suspension
REVIEW-To the Board
APPEAL-To the Minister
LEVEL OF REGISTRATION
1. DISTRICT-If the NGO intends to operate at that level and it shall be registered at that District by an officer in that District
2. REGION-If the NGO intends to operate at Regional level, it shall be registered at that Region by an officer in that Region
3. MORE THAN ONE REGION/INTERNATIONAL NGO.
Shall be registered at National level
THE PAROLE BOARD ACT NO 25 OF 1994
An Act to establish the Parole Boards, to provide for the Procedure to release prisoners on parole and other matter related to the parole system
ELIGIBILITY AND CONDITION
A prisoner who is serving a sentence of imprisonment for a period of 8 years or more shall be eligible for Parole if
A] He is not serving a life sentence
B] He is not serving a sentence for the offence of armed robbery, dealing in dangerous drug or defilement
C] His sentence has not otherwise been commuted
D] He has served his sentence for 4 yrs r one third of the sentence, whichever is greater
E] He has good behavior in jail
-If a prisoner fails to comply with Parole condition, he commits an offence
-if he commit an offence under this law or ANY OTHER LAW if he is convicted of an offence
*Be called to serve the remainder of the sentence for which he was released on parole
*Serve the Sentence for offence he is convicted
WHO CAN MAKE AN APPLICATION FOR PAROLE
1. An officer in charge of the Prison if he is satisfied that the Prisoner meets the condition and he proposes to the Regional Parole Board that the Prisoner be Considered for release on Parole
2. A prisoner himself may make an application to the Board if he thinks that he meets the criteria
The Regional Parole Board if it is satisfied that the Prisoner is eligible, it shall forward that prisoner’s name to the National Parole Board for further scrutiny and recommendation and advice to the Minister
-The Minister may accept or refuse
TANZANIA COMMUNICATION REGULATORY AUTHORITY ACT 2003
It regulates telecommunication, postal services, broadcasting, management of radio spectrum, covering electronic technology and other Information Communication Technology and provide for its operation
-The Authority is a body corporate with power to sue or be sued, enter into contracts, acquire properties etc
-Even though the authority is a body corporate capable of suing or be sued, the Attorney General has the Power to intervene or join in any proceedings and the Government proceeding Act shall apply accordingly.
It promotes competition, eco
nomic efficiency; protect consumers, availability of regulated services, solving complaints or disputes
THE TAX REVENUE APPEALS ACT, 2000
The Act establishes the TAX REVENUE APPEALS BOARD and THE TAX REVENUE APPEALS TRIBUNAL
THE BOARD
COMPOSITION-Chairman-Two Vice Chairmen-Four other Members
JURISDICTION-The Board shall have jurisdiction in all proceedings of a civil nature in respect of disputes arising from revenue laws administered by TRA
PROCEDURE IN INSITUTING THE CASE
1] Filing of the Notice of Objection by any person aggrieved the COMMISSIONER’S ASSESSMENT
-But the person objecting has to pay the amount of tax that is not in dispute or one third of it whichever is greater pending the determination of the dispute
-if the law is uncertain or the facts are uncertain, or there is much hardship or consideration of equity or impossibility or undue difficulty or expense of recovery of tax the commissioner may allow the person to pay lesser tax or no tax at all
-The NOTICE MUST CONTAIN GROUNDS for the objection and MUST BE FILED WITHIN THIRTY DAYS after the receipt of the assessment
EXCEPTION
If one failed to file the notice of objection in time he may apply to the Commissioner under the following excuses to file it out of time
-If a person is outside the URT
-Sickness
-Or other reasonable cause
2] If the Commissioner refuses to admit the notice of objection, the aggrieved party may appeal to the Board but the taxes have to be paid as aforesaid
-The decision of the Board shall be final
3]. Where the Commissioner General receives a notice of objection he shall call for, hear, or receive any evidence relevant to the assessment and he can amend the objection or refuse to amend it
-Where the Commissioner does not reply to the objection within six months he will be deemed to have conceded to the objection
POWERS OF THE BOARD AND THE TRIBUNAL
The Board shall have power to take evidence on oath, resolve any complaint or appeal by mediation, conciliation or arbitration; it can issue warrants of arrest for failure to comply with summons, order payment of cost, dismiss any matter before it and adjourn the proceedings before it
APPEALS AFFECTING TWO OR MORE PERSONS
If the decision of the Commissioner General affects or is likely to affect two or more persons they must be served with documents and shall have the right to appear on the hearing of the appeal as if they were parties thereto. If the Board thinks that any other person be joined it may do so.
OPINION OF MEMBERS
The chairman and the vice Chairman are not bound by their opinion but he shall give reason for so doing.
ENFORCEMENT OF THE DECISION OF THE BOARD OR TRIBUNAL
Any decree or Order of the Board or Tribunal given in the exercise of its jurisdiction shall be enforceable and executed as if it were a decree or order issued by a court of law.
APPEAL AND STAY OF EXECUTION
An appeal shall not operate as a bar for execution of any decree or order of the Board or Tribunal.
APPEAL
-Lies to the Court of Appeal on matters of laws only and the provision of the Appellate Jurisdiction Act shall apply
PRESUMPTIONS
1. COMMORIENTES
In all cases where two or more persons have died in such circumstances rendering it uncertain which one survived the other, such death shall for all purposes affecting the title to property, be presumed to have occurred in the order of seniority.
2. PRESUMPTION OF DEATH
If the person is not heard of by those who would be likely to have done so, there is a provisional presumption that he is dead. The presumption becomes persuasive is unheard of for 5yrs.
3. PRESUMPTION OF LEGITIMACY
The childe is presumed legitimate on proof of birth or conception in lawful wedlock, but it does not apply under the following circumstances
-if they are under separation
-in cases of impotence
-Non access
-blood group
-color or other features
-admission by the wife
4. PRESUMPTION OF FORMAL VALIDITY OF MARRIAGE
Where there is evidence of a ceremony of marriage which, on due compliance with the requisite formalities, is capable of producing a valid marriage by local laws, the validity of marriage would be presumed even though it can not be proved that all the formalities were followed
4. COHABITATION AND REPUTE
There is a persuasive presumption that parties are validly married where they are proved to have lived together, holding themselves out as man and wife.
4. RES IPSA LOQUITUR
5. PRESUMPTION OF INNOCENCE
THE DIPLOMATIC AND CONSULAR IMMUNITIES AND PRIVILEDGE ACT CAP 356
The provisions of the Vienna Convention on diplomatic Relations and the Vienna Convention on Consular relation shall have the force of law in the URT
-Family of head of mission /diplomatic staff/domestic staff are immune
-Immunity is for suits/legal process/inviolability of official archives
--Premises of a consular post of a foreign sovereign power shall not be entered by a police officer or other person acting in the execution of any warrant or other legal process except with the consent of the consular officer in charge or if that consent is withheld or cannot be obtained, with the consent of the minister
ENTRY
Entry in the consular premises is prohibited save where
-There is a permit or legal authority for fire extinguishing
-a police officer having reasonable cause to believe that a crime involving violence is being committed
-a person is entitled to entry by virtue of any easement, contract or other private right.
*this does not apply to any consular post being under charge of a Tanzania or is not a national of the country by which the post is maintained
They are exempt from tax
WAIVER OF IMMUNITY
Can be done by the consular himself or head of mission or the government which appointed them
-Immunity of any staff of international organizations can be removed by a
minister
QN; what does the following phrases mean-Transfer of shares and transmission of shares
TRANSMISSION OF SHARES-between the deceased or on being bankruptcy, it is usually by operation of the law.
TRANSFER OF SHARES-between leaving person
QN; which laws govern juvenile offenders
-Children and Young Offenders Act
-Corporal Punishment Act
-The evidence Act
-Criminal Procedure Act
-Prison Act
QN;Which laws govern fugitive offenders
-The Extradition Act and the Fugitive offenders [pursuit] Act.
There must be an extradition treaty between the countries concerned
The offence shall not be political
The procedures for returning the offender home are as follows
*The charge must be prepared and filed
*The High Court issues Summons for arrest
QN; involving the district Court and a party want to appeal to the High Court.
-The Appeal to the District Court shall be by way of petition-20[3] and shall be filed within 30 days
IN CRIMINAL CASES
-Can be done by a convicted person or if the person is acquitted by the complainant or DPP
IN CIVIL CASES
-any party
Section 25 of the Magistrate Court Act and section 23
-The Appeal is by way of petition
DOCUMENTS
In criminal cases
-petition
-judgment or order
-proceedings
QN; what happens when a person charged of murder pleads
-self defence=manslaughter
-provocation=manslaughter
-mistake of fact=manslaughter
-Insanity=section 219[2] of CPA
QN; what laws were amended by the sexual offences [special provisions] Act, 1998
-Penal Code
-Minimum sentences Act
-Criminal procedure Act
-Evidence Act
-Children and Young offenders Ordinance
in the penal code there is an addition of a definition of rape, in the minimum sentences Act there is an addition of 30 years imprisonment
THE EXTRADITION ACT CAP 368
Fugitive criminal-means any person accused or convicted of an extradition crime committed within the jurisdiction of any other country who is in or suspected of being in Tanzania
For the Act to apply there must be an agreement of that other country with Tanzania
REQUEST FOR SURRENDER
Shall be made to the Minister by a diplomatic representative or consular officer of that country and the minister may, by order signify to a magistrate that a requisition has been made and require a magistrate to issue a warrant of arrest and detention but if the offence is of a political nature the minister may refuse
The magistrate may issue the warrant only if there is evidence to justify the issue of warrant or on any information or complaint and any evidence
-if the magistrate issues a warrant without the order of the minister, he has to sent it to him to decide
-the prisoner is free to apply for habeas corpus
-every warrant of arrest issued by a foreign court must be endorsed by a court in Tanzania
RESTRICTION
No extradition for political offences
-if he has a case in Tanzania or is serving a sentence in Tanzania
-If the offence is of a political nature the magistrate must refer the proceedings to the minister and adjourn the case pending the minister’s decision if he decline or not
TAKING EVIDENCE FOR CRIMINAL TRIALS IN OTHER COUNTRIES
Minister may by order require a magistrate to take evidence for the purpose of any criminal matter pending in any court or tribunal in any other country and may be taken in the presence or absence of the accused
EXTRDITION CRIMES
Murder and the related offences, injury to person amounting to homicide, abduction, rape and similar offences, narcotics and dangerous drugs, damage to property, falsification of currency and similar offences, forgery and similar offences, misappropriation ,fraud and similar offences, piracy and similar offences, slave dealings
THE FUGITIVE OFFENDERS [PURSUIT ACT] CHAPTER 57
An act to make provision for enabling the police of certain contiguous countries to be authorized to pursue within the United Republic offenders fugitive from such countries
-extradition crime means those prescribed under the extradition Act.
-fugitive offender means any person accused or convicted of an extradition crime committed within the jurisdiction of any contiguous country to which this Act applies
-First that other country must have reciprocal provision for it to exercise such a right
-When such police officers of a foreign country arrest the person, they shall deliver him to the nearest police post who shall as soon as possible bring him before the magistrate
-if the magistrate is satisfied he may order that he be returned to his country from which he is a fugitive
-the Act goes together with the extradition Act
-the fugitive offender has the right of appeal/habeas corpus
-minister may order that he be discharged
THE AFFILIATION ACT CAP 278
The Act provides for maintenance of children born out of wedlock
-magistrate means a district magistrate
APPLICATION
HOW IS MADE
-On oath and served on a person alleged to be the father of the child and if an application is made before the birth of the child a woman has to make a deposition upon oath stating who the father of the child is
WHEN IS MADE
-before the child is born
-within 12 months after the birth of the child
THE REGISTRATION OF DOCUMENTS ACT CAP 117
-No document of which the registration is compulsory shall be effectual to pass any land or any interest therein or render such land liable as a security for the payment of money or be received as evidence of any dealing affecting such land unless and until it has been registered
-the registrar has the power to refuse to register a document presented y a native if he is satisfied that he didn’t understand the effect of it or its terms appear to be harsh and unconscionable
-The REGISTRAR shall give reasons for refusal to register a document
APPEAL
-Where a Registrar refuses to register a document a person aggrieved may appeal within 30 days to the High Court in suit for a decree directing the document to be registered in the appropriate register
CAVEAT
-Intends to inform the Registrar that he must be served of any document presented for registration executed by any person
-caveat shall be effective for only one year
WITHDRAWAL OF CAVEAT
Can be withdrawn by
1. The maker of it
2. Application to the Registrar by the one against whom the caveat was lodged if it was unnecessary or the claim on it cannot be sustained
APPEAL ON WITHDRAWAL OF CAVEAT
-To the High Court within 30 days
-damages can be recovered for unreasonable caveat
POWER OF THE HIGH COURT TO CANCEL REGISTRATION
-If it is a forgery
-if it contravenes this Act
-or where the instrument is rectified or set aside by a Competent Court
QN. What is the procedure in applying for prerogative Orders
APPLICABLE LAWS
1. LAW REFORM [FATAL ACCIDENTS AND MISCELLEANOUS PROVISIONS] ACT CAP 310
-Section 17 [2] In any case where the High Court would have jurisdiction to issue prerogative Orders it shall do so.
-CPC section 68 and 95
-Any person aggrieved by the decision of the High Court may appeal to The Court of Appeal
The following are the prerogative orders
1] Certiorari
2] Mandamus
3] Prohibition
4] Habeas Corpus
THE BASIC RIGHTS AND DUTIES ENFORCEMENT ACT No 33 OF 1994
The Act provides for the procedures for the enforcement of constitutional basic rights, duties and related matters.
TERRITORIAL JURISDICTION- The Act applies to Tanzania Mainland and Zanzibar
APPLICATION OF THE ACT =The Act applies only for the purposes of enforcing the provisions of the basic rights and duties set out in part III of Chapter 1 of the Constitution of the United Republic of Tanzania from article 12 up to 29.However the application of the Act is without prejudice to ant other action with respect to the same matter that is available.
COURT-Only the High Court has original jurisdiction
MODE OF MAKING THE APPLICATION-The application to the court has to be made by petition to the High Court by originating summons.
CONTENTS OF THE PETITION
I. Name of the Court
ii.Name and address of the Petitioner
iii.Name and address of the Respondent
iv.Grounds
V.Specific part of the constitution which is the basis of the Application
Vi.Particulars of facts
Vii.Redress sought
# Future breaches such as a bill proposed in parliament cannot be petitioned against until it is a law
# One cannot ask the court to pass prerogative orders under this Act
MATTERS ARISING OUT OF SUBORDINATE COURT
-If the matter arises out of Primary Court and it has touched the matters of basic rights and duties, the PCM has to refer it to the RM who shall examine it to see if it is a case fit for reference to the High Court.
-District Courts and Resident Magistrate Courts have the authority to refer the matter directly to the High Court.
COMPOSITION OF THE HIGH- 3 Judges for hearing the Petition
-1 Judge for hearing an Application
POWER OF THE HIGH COURT
Where any law is or action is made contrary to the constitution, the High Court shall not declare the law or action invalid or unconstitutional and in appropriate cases it may allow Parliament or other legislative authority or the government or other authority concerned as the case may be ,to correct any defect in the impugned law or action within a specified period, subject to conditions as may be specified by it, and the law or action impugned shall, until the correction is made or the expiry of the time limit set by the High Court, whichever is shorter, be deemed to be valid.
APPEAL-To the Court of Appeal of Tanzania’
THE GOVERNMENT PROCEEDINGS ACT CAP5 R.E 2002
The Act provides for the rights and liabilities of the government in civil matters, for the procedure in civil proceedings by or against the government and for the related matters.
PROCEDURES OF INSTITUTING SUITS AGAINST THE GOVERNMENT
[a].NOTICE OF INTENTION TO SUE
A ninety days notice of the intention to sue has to be submitted to the government must be issued to the Government Minister, Department or officer concerned specifying the basis of the claim and a COPY of the Notice must be send to the ATTORNEY GENERAL
[b]INSTITUTION OF SUITS
After the expiry of the Notice, all suits against the government shall be brought against the ATTORNEY GENERAL and a copy of the Plaint shall be served upon the Government Ministry, Department or Officer that is alleged to have committed the civil wrong on which the civil suit is based.
COURT-All suits against the government shall be instituted in the High Court of Tanzania in the area where the claim arose.
TRANSFER OF PROCEEDINGS FROM SUBORDINATE COURT TO HIGH COURT
Where the government has instituted a suit in a magistrate court, and the defendant satisfies the court that he has a claim against the government and he has obtained a consent to pursue his claim against the government, and the claim may be pursued by way of set off or counter claim in the proceedings instituted by the government, the magistrate’s court shall transfer such proceedings to the High Court.
JUDGEMENTS AND EXECUTION
SATISFACTION OF ORDERS AGAINST THE GOVERNMENT
ISSUANCE OF A CERTIFICATE BY THE OFFICER OF THE COURT
In proceedings against the government, where any order is made by a court in favour of a person against the government of officer of the government the proper officer of the court[Registrar],on application made by that person or any other in his behalf issue a certificate containing the particulars of the order
-If the certificate provides for the payment of money by way of damages or other relief or cost, the certificate shall state the amount so payable and the Permanent Secretary to the Treasury or such other government accounting Officer as may be appropriate, pay the person entitled or his advocate the amount appearing by the certificate to be due to him together with interest
-Provided that no execution, attachment or similar process shall be issued to enforce payment by the government of any money or cost.
The funding process is decided solely upon the facts with your case
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