A government is an organized body of persons who form the machinery of the state.
Is a system or an organization of ruling a county or a state.
It has set laws that are followed by citizens.
It is a body of persons running matters of state. The matters of state are being cared by three joined bodies which are:
Types of Governments in the world.
Importance/ function of government
Types of constitutions
Advantages of written constitution:
Disadvantages of written constitution.
2. Unwritten constitution: the fundamental principles and legal rules of the land have not been put down in a written form.
Advantages of unwritten constitution:
Disadvantages of unwritten constitution:
The main pillars of constitution.
Importance of constitution
How national constitutions are made
They are made in special meetings. These meetings are sometimes referred to as:
These meetings are usually composed of representatives elected by the people of a county. Sometimes they are made up by members of the organizations, veteran politicians, religious leaders, head of institutions who came together to negotiate and draft constitution.
Steps in making a democratic constitution.
For the democratic constitution to be made, the following have to be considered:
How constitution is safeguarded
Constitutional process in Tanzania.
The first constitution of Tanganyika was written in 1961 under British supervision. Late J.K Nyerere became a prime minister.
The second constitution was made on 9th December 1962. It was made Tanganyika government to have final say in all matters foreign and domestic. The president became the head of state and government.
In Zanzibar the first constitution was launched on 10th December 1963. The Arab Sultan was made the head of state.
On 12th January 1964, the Sultanate government was over thrown and Sheikh Abeid.A. Karume became the president of Zanzibar.
On 26th April 1964, Tanganyika and Zanzibar united and the United Republic of Tanzania was born. Because of the union, a new intern constitution was launched in January 1965.
In 1965, the ruling political party (TANU) established one party state, the country’s constitution was changed to give legal effects.
On 5th February 1977, CCM was born after dissolving TANU and ASP. Therefore the first permanent
In 1977, Zanzibar established the House of Representatives; therefore the constitution of Zanzibar was formed.
For the case of Zanzibar, again in 1984, a new constitution came after resignation of AboudJumbe, in the same year, the president’s term of office was reduced to 2.5 years.
On 1st July 1992, Tanzania reintroduced multiparty political system so the constitution was slightly changed.
Other changes of constitution were made in 1994, when the president of Zanzibar ceased to be the vice president of the United Republic of Tanzania, he just remained the president of Zanzibar.
In Tanzania, constitutional amendments are done by the parliament of URT. The decision to amend or not is reached by vote. In some developed countries the democratic constitution amendments are done by a process called constitutional conference referendum. E.g. U.S.A, S. Africa, Germany.
Is a method of changing constitution through all the politically interested groups like religious institutions, civics society, political parties, business community and judiciary meet, debate and vote for changes.
The main provision of the constitution of Tanzania.
Is on the legislature it has several sections, one of them is about parliament powers and responsibilities; another section is about members of parliament, their constituents and election.
Is about Zanzibar revolutionary government.Revolutionary council and the house of the representative of Zanzibar.
It has several sections, one is about the high court of URT. Another one is on the employment of magistrates and other officials in Tanzania mainland.
Is about the parliament commission of inquiry and the leadership code. It has 2 sections; one is on the permanent commission of inquiry and section two is on the secretarial of the leadership code.
Have two sections about the finances of the two sections to be defined by the government of the URT.
Is about the local government and their roles.
Is about the armed forces.
Is on general matter of the constitution.
Local government is the agent of central government which carries out functions within a specific area.
The central government has autonomy. They form essential link between the people and the central government. It is for this reason and other that local government should be allowed to run their own affairs without interference from central government.
REASONS OF ESTABLISHMENT OF LOCAL GOVERNMENT.
FORMS OF LOCAL GOVERNMENT
It is the smallest government unit. It is made up of the village’s assembly and village council. The adult population in the village forms village assembly. The village council is the executive arms to the Village assembly. It has the power to see day to day activities of the village.
It has an area corresponding to that of government administrative district. The council is composed of:
A district council is headed by the chairman who is assisted by the vice chairman.
Includes those of Songea, Njombe, Lindi and Bukoba. Each town council is composed of
Municipalities are towns which have a population of area 80,000 residents each. These include Dodoma, Iringa, Moshi, Morogoro as the members. The council is headed by Mayor assisted by Deputy Mayor. Both are elected by councilor’s director who is the chief executive and serves as secretary to the council.
The known cities in Tanzania are Dar Es Salaam, Mwanza, Tanga, Mbeya and Arusha. However the government has recently recognized some regions to be cities. Dar Es Salaam attained a city status in 1961 after Tanganyika independence.
Members of the city council consist of:
Functions of local government.
The local government is charged with two types of functions and general duties.
Mandatory functions and duties of local government are those which the government is required by law to discharge, these functions are:
Permissive functions are those which local government may perform depending on the needs and ability of resources mostly financial.
These functions include:
Local authorities need funds with which to pay their employee and carry out the various services they offer.
Local councils are empowered by the central government to raise revenue.
Various ways, depending to some extend on their status.
THE WAYS WHICH THE AUTHORITIES RAISE MONEY.
It is the national government. It is concerned with the daily activities in the country. The national government works through 3 organs.
The functions of national government are carried out in 3 organs as mentioned above.
Is the highest council of the country. The Tanzanian parliament is the national assembly. It is one of the main branches of the government. The members of the parliament are the members of the national assembly.
Types of parliament
There are 2 types of parliament all over the world.
U.S.A – the senate and house of representative
Britain – House of lord and house of common
In Tanzania the president is not a member of national assembly but he is represented by the prime minister. The president occasionallyaddresses the parliament.
THE STRUCTURE OF THE PARLIAMENT
Members of the parliament. There are 5 categories:
LEADERSHIP OF THE PARLIAMENT
The following are leaders of parliament:
The following are functions of Tanzanian government:
1.To make laws of the county- Involves debating bills brought up by either the government of private members of parliament.
If the bills are agreed upon by the president, they become acts and hence part of laws.
2.To approve government budget
The parliament discusses the government budget and through to public accounts committee examines in detail the ways the funds are spent.
It debates the performance of each minister during the annual budget session of the national assembly.
3.To authorize any long or short term plans intended to be implemented in the United Republic of Tanzania. Members of parliament question members who present a plan clarification and information about the plan.
4.To rectify agreement or treaties to which the government is concerned. The parliament rectifies all treaties and agreements to which Tanzania is concerned and provisions which require rectification.
5.To oversee and advise the government and its organs. It is the principle organ in Tanzania which has the authority on behalf of the people to oversee and advise the government.
6.To train political leaders. The parliament serves as a training ground for future political leaders.
The national assembly works through different standing committees. They are:
LIFE OF NATIONAL ASSEMBLY
The life of national assembly is 5 years starting on the date on which a new national assembly meets.
COMPOSITION OF TANZANIAN PARLIAMENT
It is made up of:
Steps of making laws in Tanzania
In Tanzania, laws are made by parliament. The making of new law passes through several stages.
At this stage a bill is just proposed to the members of parliament.
2. Bills sent to parliamentary committee.
The speaker sends the bill to the parliamentary committee to be studied and analysed.
3. Second reading of the bill
The bill is published in the government 21 days before the next parliament.
4. Amendments to the bill by entire parliament
Following the parliamentary debates, the house sits as a committee then discusses the bill, section by section making amendments wherever necessary.
5. Third reading of the bill
If some amendments are made at stage (d) above, a third reading is made. This is the last section of passing the bill in the houses.
6. The presidents assent to the bill.
Following the debates in the house, it is presented to the president for his assent. If assent is rejected, it is returned to the house.
After a bill is returned to the assembly, it cannot again be presented to the president for a period of 6 months except if it is supported by two third of all parliament members.
If a bill is returned to the assembly by the president and supported by two thirds of members and returned to the president, then the president must either assent the bill within 21 days or dissolve the parliament.
It is one of the three principle organs of the state. It safeguards its people’s constitutional rights.
The main function of the judiciary:
Under the chief justice are JUDGES and MAGISTRATES. Whose duties are to see that the laws of land are respected and the law breakers are punished.
The principle judge and other judges of the High Court and Court of Appeal are appointed by the president after consultation with the judicial service commission.
Below the high court judges are the various grades of magistrates. All magistrates are responsible to the judicial service commission.
Judges are appointed; they cannot be dismissed from office unless they are unable to perform their duties because of illness or misuse of office.
Therefore should be pruned by an INDEPENDENT COMMISSION OF JUDGES of another country preferably to common wealth countries.
This helps to guarantee the judges freedom from fear and intimidation which would impede the independence of the courts proclaimed in the constitution.
COURT SYSTEMS IN TANZANIA
The judiciary is the collective name for the personal working in the legal system and the courts. The officials in the judicial system include:
State attorneys- who conduct state prosecutions and court assessors.
STRUCTURE OF THE JUDICIARY
The judiciary is made up of
1.The ward tribunal- this is formed by an elected group of wise men of a ward or village to judicial minor cases.
3.District Magistrate court
4.Resident Magistrates court
5.The High Court
6.The Appeal Court (Court of Appeal)
7.The Special Constitutional court
THE LEGAL SYSTEM
The executive is made up of the Head of Government and the Cabinet Minister. The executive branch puts law into practice through administration. The executive is made of three parts:
Functions of executive
Done by police to law breakers
Armed forces under Ministry of Defence
Through other Ministries
Trades and diplomacy with other nations
The 3 groups of executive
The president of the URT is the Head of State, the Head of Government and the Commander in Chief of the armed forces. The president has executive powers. He either exercises these powers directly or indirectly.
Functions and powers of president
This can be done if:
In case the president dies in office, the vice president takes the power for the remaining period before election.
The election of the President
The president of the URT is elected by people during election.
The union president candidate is elected if he gets single majority rates.
Qualifications of presidential candidate
The president assumes the office within 7 days after declaration of election. And stays in the office for 5 years.
The Vice President
The V.P is the principle assistant to the president in all affairs of the URT. He is elected with the president. The V.P acts under the provision and guidance of the president. President or V. P must be either from mainland or island.
Every R.C is responsible for discharge of all the functions of the government of the United Republic within his regions.
The Civil service.
It is the part of the government that carries out the orders given by the minister and president.
At the top we have chief secretary who is the chief executive officer of the civil service, he is appointed by president.
The chief secretary is also secretary to the cabinet and principle secretary to the president.
All matters of:
Of civil service are regulated by the CIVIL SERVICE ACT and CIVIL SERVICE REGULATIONS.
The principle secretary of each ministry is the head of the ministry. He is assisted by:
Each department has its own organised body of trained workers.
QUALITIES OF A CIVIL SERVANT
A good civil servant needs technical skills, experience, efficiency secrecy and sense of responsibility. He should be honest and impartial.
TYPES OF CIVIL SERVANTS
The army and police are not included in the government.
SOURCE OF GOVERNMENT REVENUE
The main form is income tax. It is paid by people employed by the government and private sector.
Other forms of direct tax
These include imports and export duties of which are known as customs duties. Import duties are for goods brought into the county while export is paid on all exports like tea, coffee, and sisal.
Excise duties are charged on locally manufactured goods which are sold and used in the country e.g. Beers, soaps, and cigarettes.
Is the sale of government bond and treasury bills to the public. The government also borrows money from external sources such as:
Foreign institutions e.g. IMF, World Bank.
ADB- African development Bank.
|LICENCES, (BUSINESS, VEHICLES, HUNTING ETC.)|
|GOVERNMENT BONDS (INSURANCE)|
|INTERNAL LOANS & LOTTERIES|
These are external source of government revenue. They are non- payable money given to the country by foreign governments.
The government obtains revenue by charging users for provision of services like water, electricity and medical treatment.
Is when the government obtains income through selling licences to various individuals and companies for different activities from government departments.
The government own some parastatals fully while in others the government holds the majority shares. As a result, the government receives a large share of the profits made by the parastatals.
CENTRAL GOVERNMENT EXPENDITURE
There are 2 kinds of government expenditures
It keeps on being year after year. It doesn’t only happen once, it recurs.
It is one of the 3 principle organs of the state. It safeguards the people’s constitution rights. Its main functions are:
THE UNION OF TANGANYIKA AND ZANZIBAR
Tanganyika and Zanzibar formed a union by which URT was born. The union occurred on 26th April 1964. This union did not form a unitary state. Zanzibar retained its own government. The other side of the union i.e. Tanganyika has no government of its own.
Factors which precipitate the function of the union:
ADVANTAGES OF THE UNION:
PROBLEMS OF UNION:
Achievements of the union:
GOVERNMENT OF THE UNITED REPUBLIC OF TANZANIA
UNION AND NON UNION MATTERS:
According to the Article of Union which formed was formed between Tanganyika and Zanzibar. The URT was formed by two governments. These are:
The president of the revolution of Zanzibar has all powers in the affairs of Zanzibar except union matters and non-union matters to mainland.
According to the constitution, the following matters are placed under union government.
Democracy is originated from a Greek word i.e. DEMO means people, CRATE means power. Therefore it means PEOPLE’S POWER.
It is the system of government and leadership in which the supreme power belongs to the people.
Types of democracy:
There are 2 types of democracy
Characteristics of direct democracy:
It has its origins in Europe during the formation of capitation.
Characteristics of indirect democracy:
Importance of democracy
Disadvantages of democracy
Elements of representative democracy
Is the form of government in which all powers rest in and is exercised by a single person or group of people.
Types of Dictatorship:
Characteristics of Dictatorship:
Election is the process by which people vote for the candidate of their choice. A political election or democratic election gives people a chance to vote and decide who will lead them in future.
Election is said to be democratic, if they are held in an atmosphere where participants are tolerated and willing to listen to the political views of the opponents.
Democratic election is the election in which electoral law and rules are fair and equal for all contestants.
Factors that make elections democratic
The following are some of them:
2.Equal opportunities to all parties
3.Equal access to mass media
4.Campaigns are on political and social issues
5.Abiding by an equal code of political parties
The Importance of Democratic Election
Conditions and procedures to elections
Election procedures differs from one country to another, however certain principle characterize elections on many countries e.g. government elections are generally held at an interval of 5 years.
Conditions for voters and candidates in Tanzania
Parliamentary candidates must be
It is a series of activities to win votes for a certain candidate, party or proposal. In Tanzania, candidates are members of the political parties.
Parliament and Presidential Elections
When are parliamentary elections held?
Are held when any of the following take place
Before elections, political parties and candidates are given a period of campaign
THE NATIONAL ELECTORAL COMMISSION(N.E.C)
It organises and supervises the elections. Include setting up of the electoral procedures and supervisors.
FUNCTIONS OF N.E.C
Is a social identity which refers to a person.State of being either a feminine or a masculine.
Are social relationships between men and women and the interaction that takes place between them within a particular social or cultural context.
Gender relations in any society influence the way male and female behave towards each other. It also helps to explain the differences between man and woman, the roles they play and why they do so.
Types of gender roles:
Implies treating women unequally from men based on their gender e.g. refusing a qualified female engineer to supervise bridge construction simply because she is a woman.
State of being male or female. It’s to great extent permanent universal and biological determination female or male.
Culture of people of Tanzania has a meaning only if reality of today and can help in construction of Tanzanians of tomorrow. The report of the 4th world conference on women in Beijing highlighted the following areas of concern arising from cultural trends in Tanzania.
Social-cultural practices that hinder equality between men and women in the society
Dowry reduces women to the status of property. The higher the bride price, the more the woman’s value. Some women are treated as slaves because of low dowry.
2.Lack of education
In some societies parents are reluctant to send their daughters to school. The assumption is that the girls are bound to be married sooner or later.
3.Basic customary laws
In most ethnic groups, women are regarded as inferior partners of men, which leads to denial of many basic rights to women.
4.Poor and insufficient diet
In some societies women are restricted to eat some food especially when they are pregnant. This leads to malnourishment or undernourished women.
Most women work for at least 14 to 16 hours; they work for longer hours than men and engage in various activities.
6.Acceptance of the status of quo
Most women in our society have accepted their position of staying at home and want their husbands to bring everything so they regard themselves as junior partners.
Societies expect women to have children. Bearing many children tends to weaken mothers.
Solution to curb negative socio-cultural practise in societies
Eradication of customary laws in the society should be done through provision of education. The customary law leads to deprival of many basic rights to women. The societies should be educated on the disadvantages of customary laws on side of women, and then gradually they will stop it.
Women should be educated just like men. The negative opinions about women and their abilities must be changed from the family level.
Laws have been passed to stop discrimination against women in Tanzania e.g. law on land ownership and marriage law.
Some local beliefs that hinder women to access some food which they are pregnant, should be erased in our society.