Application of Prerogative Remedies Against Administrative Actions in Tanzania: Analysis of the Laws and Procedures (original) (raw)
Related papers
Courts exist as civilized forums where the litigants go so as to have their legal problems sorted out, according to the law. Increasingly, by the way they apply the law, Courts are perceived today, as legal theatres, where justice is subordinated to bewildering legal technicalities, the consequence of which, most members of the laity, those non-trained in law, as well as some lawyers, are seriously contemplating resorting to self-help schemes. A litigant loses property which he knows to be his, and the opponent, through the law, acquires the right to property which he himself knows is not his. One loses a right to which he is entitled; the other acquires a right to which he is not. This paper discusses two recent decisions which, have elicited reactions, and have added a voice to the call for the reformation of the judiciary mind-set, so that it should be more focused on the overall requirement to do justice, which is its raison d'etre. It poses the questions, why should persons who knock at the doors of the Court, hoping to find justice, be punished for mistakes they did not do; why they be punished for mistakes, when it is common that human beings have a propensity to commit errors, why turn the Courts into academic institutions, where it is expected that the manipulation of legal technicalities, not equity, should win the day, sometimes, giving the right where it should not have gone? Should every slight aberration of the law, be visited with a denial of justice?
2014
The rule of exhaustion of domestic remedies is an integral part of the right of individuals to bring international claim against a State. This rule is expressly required in the African Charter on Human and Peoples’ Rights and the Protocol of the African Court on Human and Peoples’ Rights. Nevertheless, as the various types of domestic remedies and the various circumstances in which they are pleaded by respondent States are still unfolding, the jurisprudence of the African Court is understandably at an infantile stage and continues to undergo development and refinement. This short comment examines the view of the African Court, following that of the African Commission on Human and Peoples’ Rights, that non-judicial remedies are not valid remedies that need to be exhausted before claims are brought before the African Court by individuals. It is argued that this is an unduly wide and indiscriminate proposition that would have the effect of unjustifiably excluding administrative remedie...
2015
The rule of exhaustion of domestic remedies is an integral part of the right of individuals to bring international claim against a State. This rule is expressly required in the African Charter on Human and Peoples’ Rights and the Protocol of the African Court on Human and Peoples’ Rights. Nevertheless, as the various types of domestic remedies and the various circumstances in which they are pleaded by respondent States are still unfolding, the jurisprudence of the African Court is understandably at an infantile stage and continues to undergo development and refinement. This short comment examines the view of the African Court, following that of the African Commission on Human and Peoples’ Rights, that non-judicial remedies are not valid remedies that need to be exhausted before claims are brought before the African Court by individuals. It is argued that this is an unduly wide and indiscriminate proposition that would have the effect of unjustifiably excluding administrative remedie...
CIVIL PROCEDURE 2 IN TANZANIA FOR LAW STUDENT:-
Kgm Paralegal Org, 2020
This study manual presents a comprehensive analysis of law and practice surrounding the civil procedure law in Tanzania and thus is geared to enrich law student with relevant and adequate knowledge in civil procedure law.
This research on the equality before the law between the State and individuals was carried out to ascertain whether the State is conferred with more privileges than individuals particularly by the Law of Limitation Act[Cap. 89 R.E. 2002]. This study focused on the limitation period available to institute suits between the State and individuals. Many authors have written about equality before the law and most of them have touched the aspect of special privileges accorded to the State but little has been written about the unequal treatment between the State and individuals which is considered to violate the principle of equality before the law. The State is given a longer period of limitation to institute suits in the court while individuals faced with the same situation are given much lesser period as opposed to the State. Futhermore, the powers of Minister to grant extension of time to institute suits after expiration of the stipulated period of limitation by the law is considered as violating the doctrine of separation of powers. This research which was conducted through reviewing various literatures, legislations, case laws and field research has come up with the findings which has proved that the Law of Limitation Act violates the principle of equality before the law. Although it is right to confer special treatment to the State due to the nature of its functions, still it is the violation of the principle of equality before the law. Moreover, the powers of the Minister to grant extension of time to institute suits after the expiration of the stipulated time by the law is a violation of the doctrine of separation of powers. The Minister who is an executive, should not be permitted to exercise the functions of the judiciary. Finally, the researcher has come up with some recommendations to the Law Reform Commission, the Legislature and the Judiciary.
Committal Proceedings Practice in Tanzania
The laws of Tanzania lay procedures relating to committal proceedings. The proceedings serve a significant role in the operation of justice by providing a fair trial to the accused person where they are given an opportunity to know their case before being tried by the High Court. In practice, the purpose of the committal proceedings is more theoretical than realistic. In Tanzania, they take too long to culminate. Thus, the committal process adds considerably to both cost and delay in the processing of criminal cases. The process adds significant cost and delay, tying up resources that could better be used elsewhere. This paper intends to look at the law establishing the committal proceedings and the reason beyond its establishment and also to look at the practice in the Magistrates courts of Tanzania if they have reached the expectation of committal proceedings following its enactment. The paper examines the reasons for the delay of committal proceedings in Tanzania and its effects on the dispensation of criminal justice in Tanzania.
AFRICAN CRIMINAL LAW SERIES, 2024
This course manual (divided into four parts) orients readers on Tanzanian penal law. The first part introduces and lays a foundation for understanding Tanzanian criminal law. It focuses on the meaning of crime and criminal law vis-à-vis civil wrong and civil law, sources of the Tanzanian criminal law, the origin of criminal law and related justice systems as legal transplants of the colonial State, the criminal law in the post-independence era, and a snapshot view of the Tanzanian criminal procedure. The second part discusses the general principles of criminal law. It revolves around key aspects such as unlawful conduct, criminal capacity, fault, degrees of participation in crime, and incomplete crimes. The third part classifies crimes into five groups and analyses them. These include crimes against human life, the person and the family, property crimes, crimes against the community, crimes against the State and administration of justice, and organised and commercial crimes. The last part is a snapshot of international criminal law from the Tanzanian perspective.