THE STATE UNIVERSITY OF ZANZIBAR
SCHOOL OF NATURAL AND SOCIAL
SCIENCE
DEPARTMENT 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.
2.
3.
4.
5.
6.
Real executives
Nominal/titular
Political executives/ elected executive
Non political executive
Hereditary Executives
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 Executive
2. 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 Executive
3. 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:
• Parliamentary System:
• Intricate system of Checks • Fewer Checks & Balances
& Balances
– No Confidence vote
– Judicial Review
– House of Lords may
– Presidential veto
delay legislation for 1
year
– Congressional override
of veto
– Cabinet pressure on PM
– Impeachment
– Question Hour
– Senate confirmation of
– Tradition &
treaties and
Reasonableness
Presidential appointees
– Etc…..
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 dayto-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 to
remove unpopular prime ministers with the stability
of fixed terms; Additional checks and balances
■
Disadvantages
Confusion about accountability; Confusion and
inefficiency in the legislative process
The Executive
4. 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 Executive
5. 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 VicePresident, 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
Tanzania
2. 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 Constitution
2. 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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