Source of laws used in Tanzania,,,,,,,

      Question 1 a;
What are the sources of laws used in Tanzania.
The meaning of law.
To religious people,the term law is closely associated with God's command or rules contained in the Holy Books,thus " the law of nature" ie law proclaimed my supernatural being eg. Spirit,ancestors.But for social scientists,politicians,economists; the term law relate with the command of the sovereign(state) and its various institutions
The are the attempts to define the term law
According to oxford dictionary of law 7th Ed,2009(p.316)
Defines the term law as the enforceable body of rule that govern the society.
      Shivji,2004,et al,p.3
Is an obligatory rules of conduct imposed or recognized and enforced by the state
Salwan an Narang (2008)academic's legal dictionary,18th Ed,p.201
Refer to the legislative pronouncement of the rule which should guide one's action in society,also defines law as body of principle recognized and applied by the state in the administration of justice.
Generally
  Law means a set of rule and norms or a standard of pattern of behaviour to which every individual in the society has to conform to. Rules ought to be obeyed l,otherwise the violeter of such rules can be taken to the court and get the punishment/sanctioned.
  General function of law.
(a) To structure and distribute public powers to both individual personnel and organs/institutions of the state (e.g. Judiciary, Legislature and Executive; or powers of the president as opposed to powers of the DPP or Attorney General and etc.
(b) To regulate private relations or dealings (e.g. land law, contract law, marriage) and etc.
(c) To provide a way of resolving or avoiding conflicts/disputes in the society.
 Specific function of law
(i) To maintain public order, e.g. criminal law
(ii) To regulate human and state dealings and cooperation/interaction, e.g. law of contract, international laws, and etc.
(iii) To act as a medium of dispute resolution, e.g. law of tort, procedural laws and etc
(iv) To protect public morality, e.g. criminalizing homosexuality, prostitution, pornography, and etc.
(v) To regulate governmental powers, e.g. constitutional law, administrative law
(vi) To protect individual rights and freedom, e.g. bill of rights, anti-discrimination legislation.
    Source of laws used in Tanzania.
There are categorized into three groups which are;
a,Received law
b,Local law
c,Customary law & Religious law
   a,Received law.
The historical development of the received laws is tied up with the history of colonialism. Reffers to large body of the law applicable in the country was received from England. The major source of english law itself is what is called common law and doctrines of equity. Common law is that law which developed from the customs and practices of the English people as interpreted and applied by courts.
   b, Local law.
This refers to the laws enacted by the local legislature. It includes the laws passed by the colonial legislative council called 'Ordinances' and the laws passed by the parliament after independence called 'Acts'. This is often referred to as written law or statutory law.
Also there is basic law(local)which is the constitution. Tanzania has had a written constitution since independence. This is the major source of law as the parliamentary activity has been increasing a lot over the year.
c,Customary and Religious law.
The Customary and Islamic law are established under section 9 of JALA. Whereby customary law is in effect only when it does not conflict with statutory law whilst Islamic law is applicable to Muslims under the Judicature and Applications of Laws Act, empowering courts to apply Islamic law to matters of succession in communities that generally follow Islamic law in matters of personal status and inheritance.The customary law in Tanzania which prohibited women from inheriting and freely disposing by sale of family land was discriminatory as men had such rights and not women and was thus contrary to the Bill of Rights under the Constitution.
Question 1 b,
To each source of the laws you have explained above how they become the source of law in Tanzania
 These source of laws mostly become source of laws through different ways such as adoption from colonial administrative system,local legislative council. Before Tanzania got independence the country used received law which originated from England. So due to that after independence Tanzania decided to adopt received law so as to be used in rulling system. Also after independence some local laws were made legal to be used by the parliament.customs and norms laws were adopted from england hence used in the constitution.
 Religious laws are also accepted and adopted especially islamic laws as long as they are not inconsistent with primary source of law. For example,islamic law is used matters of marriage,divorce,guardianship,inheritace,wakf and similar matters in relation to members of a community which follows that law.
     
         QUESTION 2.
Draw the hierarchy of the court system in Tanzania and explain the jurisdiction of every court session and hierarchy in respect to its civil and geographical jurisdiction and a head of each.    
If a court of law acts outside its power,that act become null and void,i.e as if that court has never acted at all.
  There are several type of jurisdiction hence include civil and geographical jurisdictions.
Geographical jurisdiction;geographical limits within which a court of law may exercise its powers. Every court has its jurisdiction in territorial aspect.
Civil jurisdiction.
Original jurisdiction;exclusive power of the court to receive and hear the matter for the first time.eg the H.C in murder cases of constitutional petition.[ss.40,41 of MCA,1984]
Concurrent jurisdiction;means more than one court has power over the matter. Eg Divorce petition can either be filed in primary court,DC,RMC or HC;S.66 of the law of marriage act,1971,s.63.
Extended jurisdiction;power given to a president magistrate to hear matters that would otherwise fall in the orginal jurisdiction of the high court. Appeal from decision of the RM with extended jurisdiction is lodged in the court of appeal.(s.45 of MCA,1984)
Pecuniary jurisdiction; means value of a subject matter which a court has power to entertain.
Primary courts
This established by section 3 of magistrate court Acts.they are established in every district and have jurisdiction in that respective district.
   Primary courts deals with all matters falling under customary law and islamic law,it also dealing with criminal matters as conferred to it by the law. Normaly petty offences.
An Appeal from primary court lies to the district court within respective district
District and Residence Court of Magistrates
These two are established under section 4 and 5 of the magistrate courts Act. They have concurrent jurisdiction i.e matter can either be taken to district court or residence court of magistrate. District courts are established in each district hence Residence magistrate court are established in each region.its possible to have one RM court saving two different regions.DC and MC has civil jurisdiction for immovable mattrers not more than 150,000,000/= and movable matters not more than 100,000,000/=.
High court
It established by the constitution of Tanzania,it has unlimited jurisdiction on all matters of civil and criminal nature. These court has original,revional and appellate jurisdiction. All appeal from Dc and RM courts lie to the high court of Tanzania.
Court of appeal.
It is the highest court in the country which established by the constitution of United Republic of Tanzania. This court of Appeal has appellate jurisdiction since all appeal from high court lie to it. It also entertain appeals from the different tribunals eg,Fair competition Tribunal.

      Refference;
Statutes;
Constitution of the United Republic of Tanzania of 1977
Constitution of Zanzibar of 1984
Interpretation of laws Act, Cap 1, R.E., 2002
Judicature and Application of Laws Act, Cap 358, R.E., 2002
 Books;
Farrar and (1990) Introduction to legal Method.3rd.London:sweet&Maxwell.
Shivji, I.G., et al (eds), Constitutional and Legal System of Tanzania: a Civics Sourcebook, Dar es Salaam: Mkuki na Nyota Publishers, 2004.

 By John jbp