THE STATE UNIVERSITY OF ZANZIBARSCHOOL OF NATURAL AND SOCIAL

SCIENCEDEPARTMENT OF SOCIAL SCIENCE

DS 2105 GOVERNANCE, DEMOCRACY, CIVIL SOCIETY & DEVELOPMENT

TOPIC: STATE ORGAN AND GOVERNANCE

State Organs and Governance.• A state is a distinct set of political institutions

whose specific concern is with the organization of domination, in the name of the common interest, within a delimited territory.

•Governance is a method through which power is exercised in the management of a country s political, economic, and social resources for development

Organs Of The States

• There are three organs of the states namely:1. The Executive, 2. The Judiciary and 3. The Legislature.

The Executive• Executive is that organ which implements the

laws passed by the legislature and the policies of the government.

• The broad form of executives mean all the functionaries, political power-holders and permanent civil servants who undertake the execution of laws and policies and run the administration of state.

The Executive• In its narrow form, it is mean only the

executive heads who head the government departments, formulate the policies and supervise the implementation of the laws and policies of the government.

• In the narrow form, the civil service and its administrative functions are not included in the realm of the Executive.

Types of executives

1. Real executives2. Nominal/titular3. Political executives/ elected executive4. Non political executive5. Hereditary Executives6. Single and Plural Executives

The Executive• Types of executives:1. Real executives: is the executive who

exercise the real power in policy making and governance of the country’

• He is normally the member of a political parties

• They are the head of the government

The Executive2. nominal/titular is the executive who does not

exercise the real power in the governance and administration of the state.

• Is the head of the state• A head of state has less political power and may

be restricted to ceremonial duties such as: Meeting ambassadors, Laying wreaths at national memorials, Opening parliament, etc

• The nominal executive is not responsible for its actions as these are performed in its name by the real executive.

The Executive3. Political executives/ elected executive: Is the

political leader of a country who represent his/her party and is elected directly by the people during the general election.

• They held the responsibility to govern the country

• If the political executive loses the confidence of the people and the legislature he should resign from his office.

The Executive• There are three types of political executives:• A) Parliamentary executive where the

Cabinet is responsible to the legislature. • This system is functioning in England, France,

Japan, Sri lanka, India, Germany, Italy, Sweden, Denmark, Norway, Belgium and Holland.

The Executive• Parliamentary systems are characterized by no

clear (cut) separation of powers between the executive and legislative branches, leading to a different set of checks and balances compared to those found in presidential systems.

• Parliamentary systems usually have a clear differentiation between the head of government and the head of state, with the head of government being the prime minister or premier, and the head of state often being a figurehead, often either a president, King, Sultan

The Executive• Advantages:

– Always unified government– Greater party discipline– No veto power – Clear lines of responsibility – voters know who to

blame/reward• Disadvantages:

– Divided government may be a good thing!!!– Minority rights get washed away– What if there’s no clear majority? Then coalition

governments must be formed between the main parties, and cabinet positions are divided up accordingly.

The Executive• B) The Presidential type of executive: is

where the President is the Head of the State and he has real executive powers and is not responsible to the Parliament.

• The President is elected for a fixed term in these countries and he can be removed only through an impeachment.

Presidential vs. Parliamentary Systems of Government

• Presidential• President elected by

the citizens

• Parliamentary• Prime Minister (PM)

selected by the majority party in Parliament

Presidential vs. Parliamentary• Presidential:• Separation of Powers: Executive & Legislative • President and Cabinet are not members of the

legislature.• Parliamentary:• No separation between legislative and executive

branches • PM & Cabinet are MPs (members of Parliament)• PM + Cabinet members + other senior MPs in

the party = the “Government”

Presidential vs. Parliamentary• Presidential:• Pres. & Cabinet can’t be removed due to losing a

majority in Congress. (only by impeachment)• Nominees selected by primaries/caucuses• Elections regularly scheduled• Parliamentary:• Govt. remains in office only if it retains support of

majority in Parliament.• Nominees selected by heads of party• PM may call new Parliament elections at any time up to

5 years.

Presidential vs. Parliamentary• Presidential:• President has only bargaining leverage over

Congressional votes.• Members of Congress introduce bills. • Bills change significantly in Congress.• Both houses of Congress have significant power• Parliamentary:• PM has much leverage over MPs votes.• PM/Cabinet introduce most bills. • Bills are passed with few changes.• 2nd house of Parliament may have little power.

Checks & Balances

• Presidential:• Intricate system of Checks

& Balances– Judicial Review– Presidential veto– Congressional override

of veto– Impeachment– Senate confirmation of

treaties and Presidential appointees

– Etc…..

• Parliamentary System:• Fewer Checks & Balances– No Confidence vote– House of Lords may

delay legislation for 1 year

– Cabinet pressure on PM– Question Hour– Tradition &

Reasonableness

The Executive• C) The semi-presidential system is a system of

government in which a president and a prime minister are both active participants in the day-to-day administration of the state.

• It differs from a parliamentary republic in that it has a popularly elected head of state who is more than a purely ceremonial figurehead.

• It differs from the presidential system in that the cabinet, although named by the president, is responsible to the legislature, which may force the cabinet to resign through a motion of no confidence

The Executive• C ) The dual (semi-presidential)■ Advantages

Providing cover for the president; The ability toremove unpopular prime ministers with the stabilityof fixed terms; Additional checks and balances

■ Disadvantages Confusion about accountability; Confusion and

inefficiency in the legislative process

The Executive4. Non political executive: This refer to the civil

servants who are appointed according to their qualification and experiences.

• They are neutral in politics and they are suppose to serve with impartiality

• They serve as adviser to the ministers• They are permanent office holders and serves

until the age of retirement

The Executive5. Hereditary Executives: assumes office by the law

of hereditary succession. In Britain, Japan and Malaysia there are hereditary chief executives. (King, Sultan, Empire….)

6. Single and Plural Executives: In single executive powers are in the hands of a single functionary/leader. Plural executives is when power is vested with a group of persons or in a committee/council/commission and these are collectively exercised by all the members of this commission/council,

Functions of the Executive:1. Enforcement of Laws: The primary function

of executive is to enforce laws and to maintain law and order in the state.

2. Appointment-making Functions: All major appointments are made by the chief executive

3. Treaty-making Functions: The executive negotiates the treaties in accordance with the procedure defined by international law and also in accordance with the provisions the constitution of the state

Functions of the Executive:

4.Defence, War and Peace Functions: To organize military for the defense of the state, to prepare for and fight the war, if it becomes necessary, and to negotiate and sign peace settlement after every war.

5.Foreign Policy-making and the Conduct of Foreign Relations: The executive formulates the goals of national interest and fixes the priorities

Functions of the Executive:

6) Financial Functions: Though the legislature controls the national finance, yet the executive prepares the budget and tries to get it passed by the legislature.

7) Legislative Functions: The executive prepares bills for this purpose and introduces them in the legislature. That laws passed by the legislature can be vetoed by the President. The executive assent the bill into law.

The Executive of the Tanzania• The Executive of the United Republic

comprises of the President, The Vice-President, President of Zanzibar, the Prime Minister and Cabinet Ministers.

• The president is the Commander-in-Chief of the Armed Forces.

• The President is the Leader of the Executive of the United Republic of Tanzania

The Executive of the Tanzania

• The President of the United Republic is the both Head of State and the Head of Government

• The president of Tanzania has a vice president who is elected by the people as they elect the president. The vice president is the running mate of the president in election.

• The Vice President is the principal assistant to the President in all matters of the United Republic.

The Executive of the Tanzania• The Vice President is responsible for:• Following up the daily implementation of

Union Matters• Performing all duties assigned to him by the

President• Performing all duties and functions of the

President’s office when the President is out of office or out of the country.

The Executive of the Tanzania

• The Prime Minister (PM) of the United Republic is the leader of Government business in the National Assembly.

• The PM controls, supervises and executes daily functions and affairs of the Government of the United Republic, and any other matters the President directs to be done.

The Legislature

• The legislature is the branch of the government that is responsible for the making of laws, representation of the voice of the citizen and as a watchdog of executive branch

• There are two types of legislatures:• Unicamera Legislature• Bicamera legislature

The Legislature

• A unicameral legislature consists of one house of legislatures whereas a bicameral legislature comprises of two houses of legislatures, the upper house and the lower house.

• In Bicameral legislatures there is almost equal number of representatives from each state or province in the Upper House.

• In the lower house the number of legislatures is represented on the basis of population

The Legislature

• Unicameral legislatures tend to pass laws quickly.

• Offer greater accountability because there is no opposing side that can be blamed for mistakes or deadlock.

• Single-chamber governments can sometimes be run with fewer representatives, thereby saving taxpayers money

The Legislature

• The advantage of bicameral system is that it is a check on the other house and prevents bad legislation.

• Deliver enhanced oversight over the executive branch

• Ensure voter representation across different social classes, ethnic groups or regional interests

• The criticism of bicameral system is that there is duplication of work and wastage of resources and time.

Parliament of Tanzania

• The Legislature, or the Parliament of the United Republic of Tanzania, consists of two parts, i.e. the President and the National Assembly.

• The President exercises authority vested in him by the Constitution to assent to bills by Parliament in order to complete the enactment process before they become law.

Parliament of Tanzania

• The National Assembly has authority on behalf of the people to oversee and the accountability of the Government of the United Republic and all its organs of their particular duties.

• The Parliament is headed by the Speaker, who is assisted by the Deputy Speaker, and the Clerk as the head of the Secretariat of the National Assembly

Parliament of Tanzania

• The National Assembly has various standing Committees to support in its various functions.

• The National Assembly of Tanzania is constituted by one chamber (Unicamera), with members elected form various constituencies across mainland Tanzania and Zanzibar.

Parliament of Tanzania• The Prime Minister (PM) of the United Republic is the

leader of Government business in the National Assembly.• The PM controls, supervises and executes daily functions

and affairs of the Government of the United Republic, and any other matters the President directs to be done.

• The Cabinet of Ministers, which includes the Prime Minister, is appointed by the President from among members of the National Assembly. The Government executes its functions through Ministers led by Cabinet Ministers.

Parliament of Tanzania

• Cabinet is a committee formed by the most important member of the government chosen by the PM or the president to be in charge of the main government department

• Cabinet government: a form of government where a Prime Minister or President works closely with a group of ministers

• Cabinet Minister: a minister who is a member of the Cabinet

Parliament of Tanzania

• Under the Constitution of URT , women’s representation is provided for as a special category, in order to increase the participation of women in national politics.

• Elections are supervised by the National Electoral Commission which is established under the Constitution.

The Judiciary

• Judiciary is the branch of government concerned with the system of justice.

• The legal system of Tanzania is largely based on common law.

• It also accommodates Islamic or customary laws, the latter sources of law being called upon in personal or family matters.

The Judiciary• The judiciary is formed by the various courts of

judicature and is independent of the government.

• Tanzania adheres to and respects the constitutional principles of separation of powers.

• The Constitutional makes provision for the establishment of an independent judiciary, and the respect for the principles of the rule of law, human rights and good governance.

The Judiciary• The Judiciary in Tanzania has four tiers:1. The Court of Appeal of the United Republic of

Tanzania2. The High Courts for Mainland Tanzania and

Tanzania Zanzibar.3. Magistrates Courts, which are at two levels, i.e.

the Resident Magistrate Courts and the District Court, both of which have concurrent jurisdiction.

4. Primary Courts are the lowest in the judicial hierarchy.

The Judiciary• Tribunals: There are specialized tribunals, which

form part of the judicial structure. • Tribunals include District Land and Housing

Tribunal, Tax Tribunal and the Tax Appeals Tribunal, Labour Reconciliation Board, the Tanzania Industrial Court, and Military Tribunals for the Armed forces.

• Military Courts do not try civilians. A party who feels dissatisfied with any decision of the Tribunals may refer the same to the High Court for judicial review

Judicial System of the Revolutionary Government of Zanzibar

• The High Court of Zanzibar has exclusive original jurisdiction for all matters in Zanzibar.

• The Zanzibar court system is quite similar to the Tanzania mainland system, except that Zanzibar retains Islamic courts.

• Islamic courts adjudicate Muslim family cases such as divorces, child custody and inheritance.

• Appeals from the High Court of Zanzibar go to the Court of Appeal of Tanzania.

The structure of the Zanzibar legal system

Sources of Law in Tanzania

• Tanzania’s legal system is based on the English Common Law system. The sources of laws :

1. The Constitution2. Statutes or Acts of Parliament (including

ordinance (law passed pre independence)3. Case law: These are cases from the High

Court and Court of Appeal

Sources of Law in Tanzania

4. Received Laws: these include: Common Law, and Doctrine of Equity, Statutes of General Application of England

5. Customary and Islamic Law: is in effect only when it does not conflict with statutory law

• 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.

Sources of Law in Tanzania

6. International Law (Treaties and Conventions)• International Laws, that is, Treaties and

Conventions, are not self-executing. The Act of Parliament can apply treaties and conventions to which Tanzania is a party in the Courts in Tanzania only after ratification

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