State itself and its subjects on legal rights. Separation of powers is recognised under the
constitution of the United Republic -of Tanzania and State power is exercised by the
Executive, the Legislature and the Judiciary.
The independence of the Judiciary is guaranteed under Article 107 A of the Union
Constitution. The court hierarchy begins with the primary court as court of the lowest
-
~
-
-
grade presided by the Primary court Magistrate and two lay Assessors. Apart from the
Primary court at the bottom there are Ward Tribunals established under the Ward
Tribunals Act, No 7 of 1985_ These are institutions adjudicating minor disputes and
appeals lies to the Primary courts. Assessors sit the High Court Judges when hearing
homicide, treason and cases in order to have the community participation in the process
of dispensation of Justice. Assessors are also allowed in Primary Courts whereby any
decision is required to be District courts are presided by District Magistrates. Resident
Magistrates courts are presided by Resident Magistrates and the High court of Tanzania
is presided by the Judges. Lay assessors in the High court do sit with the Judges in
certain cases such as murder, economic crimes, defamation and commercial cases. The
High court has two divisions, that is the
~ommercial
and the Land matters respectively.
The court of Appeal of Tanzania is the highest on the legal system of the country. The
Judiciary in Tanzania work independent m dispensation of Justice throughout the
country.
In 1994 the law which regulates the Procedure for complaints against constitutional
violation was enacted. This is the Basic Rights and Duties Enforcement Act No.33 of
1994. This law provides for jurisdiction and procedure for commencing petitions on
claim of human rights violations
The Government has established an Institution to deal with Human Rights complaints.
The Commission for Human Rights and Good Governance Institution established under
chapter six of the Constitution of the United Republic of Tanzania, 1977 as amended by
Act No. 3 of2000. By virtue of article 131 of the Constitution, the parliament enacted act
no 7 to operationalise the functions of the Commission.
The core functions of the
Comrn.ission as provided by Article 130 ( 1) of the Constitution are:
42