ensuring that they are accorded equal treatment in the socioeconomic development of the
country.
The laws and policies in Zanzibar make similar provisions in respect of the matters
discussed above.
ARTICLE 3 EQUALITY BEFORE THE LAW
The government of the United Republic of Tanzania ascribes to the Constitutional
principle of equality before the law. This is provided for under Article 13 (6) (b) of the
constitution. Equality is safeguarded to all and no person is above the law. This is in
conformity with the doctrine of rule of law. In ensuring equality before the law, laws
have been enacted to set procedures which are appropriate and take into account the
principle that, when the right and duties of any person are being determined by the court
or any other agency that person shall be entitled to a fair hearing and the right to appeal
or other legal remedy against the court's decision. Tht::se laws include the Basic Rights
and Duties Enforcement Act; CAP. 3-R.E. 2002 the Evidence Act; CAP 6 R.E. Criminal
Procedure Act; CAP 20 R.E. 2002 the Public Service Regulations and the Civil
Procedure Code CAP 33 R.E. 2002. Similar laws exist in Zanzibar.
Under the foregoing laws, an accused who, for example, has been taken to court is
presumed innocent until proved otherwise in the criminal justice system. At the same
time, when a person is of the opinion that his/her civil rights are infringed by another
person, he/she can resort to court redress where both parties are given an opportunity to a
fair trial.
In order to ensure that equality before the law is guaranteed, separation of powers is
recognised under the Constitution and State power is exercised by the Executive, the
Legislature and the Judiciary. The Independence of Judiciary is guaranteed under Article
l 07 A of the Constitution and supremacy of legislature by Article 64 of the Constitution.
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