Tanzania · Overview
The legal system of Tanzania
A common-law system with a distinctive two-government structure: the Union government and a semi-autonomous Zanzibar with its own president, legislature and High Court. Zanzibar retains separate jurisdiction over all non-Union matters, so land, family and much commercial law differ between the mainland and the islands.
Legal tradition
Tanzania belongs to the mixed (common law, customary law, islamic law) tradition. A common-law system with a distinctive two-government structure: the Union government and a semi-autonomous Zanzibar with its own president, legislature and High Court. Zanzibar retains separate jurisdiction over all non-Union matters, so land, family and much commercial law differ between the mainland and the islands.
How power is divided
Presidential system with a Prime Minister, a unicameral National Assembly, and a separate Zanzibar government with its own House of Representatives and judiciary up to the Zanzibar High Court.
Where law comes from
- Union Constitution
- Supreme; Zanzibar has its own constitution for non-Union matters.
- Acts of Parliament
- Union legislation; Zanzibar Acts for non-Union matters.
- Received common law
- English common law and equity as locally developed.
- Customary law
- Applied under the Customary Law Declaration Orders.
- Islamic law
- Applied in personal status for Muslims, particularly in Zanzibar.
The legal profession
Fused; advocates are admitted to the roll of the High Court after an LLB and the Law School of Tanzania, with the Tanganyika Law Society as the mainland professional body.
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