CHAPTER ONE

INTRODUCTION TO LOCAL GOVERNMENT

You should be familiar with the following areas

  • Meaning of Local Government law
  • Objectives of Local Government
  • History of Local Government in Tanzania
  • Types of Local Goverment
  • Sources of Local Government Law
  • Role and Function of Local Government
  • Relationship between Local Government and Central Government

1.1  MEANING OF LOCAL GOVERNMENT AND LOCAL GOVERNMENT LAW

1.1.1 LOCAL GOVERNMENT

Local government can be defined as a sub-national, semi-autonomous level government discharging its functions in a area within a nation.

OR Is the level of government that closest to the people and therefore responsible for serving the political and material needs people and communities at a specific local area. Such areas could be rural setting or an urban setting, a village, a town, a suburb in a city or a city, depending on the size.

1.1.2 LOCAL GOVERNMENT LAW

Is the body of law that governs administrative authorities over areas that are smaller than a state. In mainland Tanzania, the Constitution of United Republic 1977, Articles 145 and 146 states that the National Assembly or the House of Representatives must provide for Local government through legislation.

1.2  OBJECTIVES OF LOCAL GOVERNMENT

Article 146 of the Constitution of United Republic of Tanzania provides one of the objectives of the local government is to enhance the democratic process within its area of jurisdiction and to apply the democracy for facilitating the expeditious and faster development of the people.

Other objectives

The main objective of the local government is to transfer the authority over planning to implement program of local people. There are major three thoughts on the objective of local government to the community which are:

  1. Democratic participatory school
  2. The efficient service school
  3. The development school

Democratic participatory school: this school hold that the function of local government is to bring about democracy and to afford the political participation to the citizen as well as to educate socialize them politically

The efficient school: what is central and important to local government is not about bringing democracy but lather that local government must be judged by its success in providing its success up to its standard by national inspectorate; this means it measured by the standard of the services provided to the people.

Developing school: it emphasizes how local government in a developing world can be an effective agent for a better life and improved means of living socially and economically a means to a better share of national wealth

1.3  HISTORY OF LOCAL GOVERNMENT IN TANZANIA

1.3.1        PRE-COLONIAL

Various forms of Local Government existed in the pre-colonial era. In many societies there was a recognized leadership in form of a Chief for example. Chieftainship was usually hereditary but local issues and representation was realized in terms of an elders council. Thesecouncils had different names depending on the locality. In kisukuma for example, they werwe known as mabanza. These deliberated on important matters affecting their tribe’s security and welfare. An elders council would be convened for example to discuss a threat from another tribe, the outbreak of serious disease, famine, environmental conservation, depredations of wild animals

Usually at such meetings there was a spokenman for the village or clan. Decisions reached at such meeting were not questioned but up held and carried out by every person within the jurisdiction of the relevant elders council.

1.3.2        THE GERMAN ERA

The german ruled the country from around 1884 to 1918. German rule was characterized by “direct rule” in most parts of the country although there were attempts to introduce local administration. Imperial Decree of 29 March 1901 put into effect what were known as Communal Unions (Kommunal Verbandes) for the Districts of Tanga, Pangani, Bagamoyo, Kilwa, Lindi, Lushoto (Wilhelmstall, Kilosa, Mbeya (Langenburg) and Da es Salaam. These Unions were given extensive duties including the establishing of schools, street lighting, refuse collection, drainage of swampy and unhealthy areas, construction of roads, streets, distribution of seeds to natives and overseeing the management of co-operative village farms. The Unions did not work well and most were abolished in 1909. Those for Dar es Salaam and Tanga were retained, but their jurisdiction was highly curtailed and limited to residential areas only.

In 1908/09 there was discussion on the establishment of town councils in the German colony. The order of the imperial Chancellor of 1910 created Municipal Councils in the German East Africa. The management of Municipal administration was to be by Town Councils (Stadgemaindes) headed by the District commissioner and incorporating six elected members and two members appointed by the Governor. The councils had various duties including the upkeep of roads and public spaces; water supply; street lighting and cleaning; refuse disposal and school maintenance. However, by the end of the German rule, only Dar es Salaam and Tanga had municipal status under the 1910 order (Gillman 1945).

A major lesson to learn is that these Authorities were limited to key urban areas and were aimed at meeting the interests of the expatriate administrators and non-officials. The native population was generally excluded from these Authorities. Local forms of leadership were replaced by direct rule by the colonial government.

1.3.3        THE BRITISH ERA

The British administration was formally established by the Tanganyika Order in Council of 22nd July 1920. The Chief representative of his Majesty’s Government was the Governor and Commander in Chief assisted by an Executive Council made up of the Chief Secretary, the Attorney General, the Treasurer and the principal Medical officer. There was also, an independent High Court. Save the Colonial secretary’s general powers of disallowance, the Governor had powers to make ordinances for good government of the territory, provided he respected existing native laws and customs. Laws and orders made before the Tanganyika Order in Council are generally referred to as proclamations, and those after, as Ordinances.

The British ruled Tanzania for just over four decades until 1961. The idea of introducing local rule during the British colonial era is associated with the governorship of Sir Donald Cameroon who introduced indirect rule that is ruling the terriritory though local chiefs. This started with the enactment of the native Authority Ordiance (Cap.71) 1926, which recognized traditional chiefs as rulers of their tribes. These chiefs were empowered to exercise some administrative executive and judicial powers in the areas of their jurisdiction. Untill the post World War II era however, “native administration” remained a dormant system with a top-down bureaucracy. The chiefs were groomed in such a way as to prop the colonial government.

After World War II there was pressure in may parts of the colonized World for self-rule. Government in the colonies were required to introduce effective Local Government as witnessed by a dispatch from the British secretary of state for the colonies instructing British colonies to see to it that “a democratic and efficient system of local Government was set up”. Reacting to that dispatch, the colonial government in Tanzania amended the native Authority Ordinance in 1950 to create Chief in council’s advisory Committees to which ordinary citizens were appointed members by the district commissioners. Excutive powers thus moved from the chiefs to the councils, since chiefs could no longer make decisions without the approval of these councils. The governor was also empowered to declare a native authority to be a body corporate with perpetual succession, capable of suing and being sued.

In 1953, a local Government Ordinance was passed. It created municipal, town and district councils. This ordinance made the functions of the Councils to be exercisable in respect of all persons in the area under their jurisdiction. Nevertheless, election to these councils was on a racial basis with the voters being compelled to vote for three candidates, an African, a European and an Asian in each constituency.

Until the enactment of the local Government Ordinance of 1953, urban areas (with the exception of Dar es Salaam from 1949), were directly” ruled by the central Government. Under the township Ordinance of 1920, the Governor was empowered to declare an area to be a township. The management of a township was vested in a Township Authority appointed by the Governor.

Under the Township Rules of 1923, the Governor could appoint the President of such a Township Authority. The President had to be a senior Commissioner or next Administrative officer, or an Administrative officer in charge of a District or sub-district in which the township was. Members were to be officials from Medical, Public Works, and the Land Departments, nominated by their Heads of Departments. The official from the Medical Department was to be the Township Authority’s Executive Officer unless the President directed otherwise.

Although Township Authorities had some leeway to decide on matters of their area’s interests, they were mainly in administrative tool and it possibly not correct to refer to them as local Authorities. All their members were appointed officials, and all their decisions had to be sanctioned by the Governor. Township Authorities were dominated by expatriates and traders, to the near exclusion of the native population.

Because of the large number of business and expatriate staff in urban areas, there was agitation for local authority status in urban areas such as Dar es Salaam in the 1930s but this was opposed by the colonial government . In fact, a draft local no real movement towards municipality status for Dar es Salaam was achieved till after World War II.

In 1946, the Municipalities Ordinance (Cap 105) was passed and in 1949, Dar es Salaam became the first municipality in Tanzania. Membership to this council was  originally of appointed members selected on an equal racial representation basis. The municipality was empowered to make by-laws and impose a rate on property and fees on business undertakings. It was also entitled to receive government subventions to ensure that services or functions delegated to it, such as health, primary education for Africans, roads, abattoirs, fire fighting and so on were adequately financed.

Both the Township Authorities and the Dar es Salaam Municipality were put in place to serve the interests of the government (colonial) officials, and expatriate non-officials, especially traders. Africans were regarded as unwanted in urban areas, but their interests had to be addressed somewhat as an afterthought, after the interests of Europeans and Asians had been taken care of.

At the time of independence in 1961, there were three categories of Local Authorities in the country namely:

  • Native Authorities created under the Native Authorities Ordinance of 1926;
  • District and Town Councils created under the Local Government Ordinance of 1953 and
  • One municipality (Dar es Salaam) created under the Municipalities Ordiance of 1946.

1.3.4 POST INDEPENDENCE

The local government set up had to be revisited. As a measure of consolidating independence and nationhood, the Local Government Ordinances was amended in 1962 to inter alia, repeal the Native Authority Ordinance and with it, native authorities and chiefs. Most of these chiefs were absorbed into the government as administrators.

The post-independence Local Authorities worked under difficult circumstances. Independence had just been obtained. Expectations were high resources were limited and the national political milieu was anxious to engage in various experiments which were seen as having the potential of bringing equitable development to the people of Tanzania.

In the year of 1972 up to 1982 local (particularly district) Authorities collapsed. District Authorities were abolished on 30th June 1972 while urban authorities were abolished on June 30 1973. At the time of their abolition, there were 66 district councils and 15 urban councils in Tanzania.

In 1976 when the outbreak of cholera in many urban areas in 1976 prompted the Government to set up an investigation team and to make recommendations on the future administration of urban areas. The report was submitted recommended the reinstatement of urban local Governments.

The Urban Councils (interim provisions) Act of 1978 required the re-establishment of town and municipal councils effective from 1 July 1978. In 1980, the ruling party, Chama cha Mapinduzi (CCM) required the Government to revive the local Government system in its entirety. In 1982, legislation was enacted establishing village councils, township authorities and district councils as the local Authorities in urban areas. Local Government elections took place in 1983 and Local Governments were reinstated effective from 1984.

1.4  TYPES OF LOCAL GOVERNMENT

There are two types of local government in Tanzania, these are

  • Urban Authorities

Is type of local government responsible for the administration and development of urban areas ranging from townships from municipalities and cities.

  • District Authorities

Is type of local government consist of city councils, municipal councils and town councils, where included in the rural authorities are the district councils with township council and village authorities.

http://jabashadrack.blogspot.com/2010/05/local-government-authorities-in.html

1.5  SOURCES OF LOCAL GOVERNMENT LAW IN TANZANIA

  • The Constitution of United Republic of Tanzania; The Constitution became the source of Local Government in sense that, Article 145 and 146 states that the National Assembly or the House of Representatives must provide for local government through legislation. Article 146 provides that one of the objectives of the local government is to enhance the democratic process within its area of jurisdiction and to apply the democracy for facilitating the expeditious and faster development of the people.
  • Statutes

There are several principal legislations govern local government law, these are, the Local Government (Urban Authorities) Act, 1982 [Cap 288 R.E 2002], The Local Government (District Authorities) Act, 1982 [Cap 287 R.E 2002], Urban Authorities (Rating) Act, 1983 [Cap 289 R.E 2002], Local Government Finance Act [Cap 290 R.E 2002] e.t.c

1.6  ROLE AND FUNCTION OF LOCAL GOVERNMENT

The following are the function of local government whereby there are three main function of local government as per Article 146 of the constitution:

  1. Maintenance of law, order and good governance:
  2. Promotion of economic and social welfare of the people within the area of jurisdiction:
  3. Ensuring effective delivery of qualitative and quantitative services to the people within their areas of jurisdiction.

Other functions

  1. Formulation, coordination and supervision of the implementation of all plans for economic, industrial and social development in their areas of jurisdiction.
  2. Monitoring and controlling the performance of duties and function of council and its staff.
  3. Ensuring the collection and proper utilization of revenue of the council
  4. Making by laws and considering, improving by laws made by village assembly in their areas of jurisdiction
  5. Ensuring, regulating and coordinating development plans, project and programs of village and township authority within their areas of jurisdiction
  6. Regulating and monitoring the collection and utilization of revenue of village council and township authority.

1.7  DISTINCTION BETWEEN CENTRAL GOVERNMENT AND LOCAL GOVERNMENT

Central government is political authority that governs an entire nation. Central government is responsible for national environment policy directed to contributing sustainable economic development and to the health and safety of people by maintain and improving the quality of the environment. Local government are the level of government that are closest to the people and therefore responsible for serving the political and material needs of people and communities at a specific local area.

Differences

  1. Local government Authorities are legally independent: that means they can be sued in their own name. While the local Agent of the central government (DC, RC, deputy Minister and minister) are just an extension of the local government. Local government are corporate bodies as per s. 12, 90 and 26 of LGDAA
  2. Leaders of local Government Authority are purely and democratically elected while the local Agent of the central government are just appointees of the central government
  3. Local government Authority has independent powers of taxation while the local agent of the central government cannot impose taxation in their capacity: that means DC or ministers cannot impose tax because they don’t have such power.
  4. The local government authority ate to the certain degree autonomous have power to deliver the function independent to the central government while the local argent of the central government has no such power, that means they need to act according to the direction of the central Government.