CHAPTER ONE:

INTRODUCTION TO CONSTITUTIONAL LAW

You should be familiar with the following areas

  • Meaning of Constitution and Constitutional Law
  • Characteristics
  • History

1.1 MEANING OF CONSTITUTION AND CONSTITUTIONAL LAW

1.1.1 Constitution

A Constitution is a formal document having the force of law by which a society organizes a government for itself, defining and limiting powers and prescribing the relations of various organs inter se, and with citizens.

Or

Is a set of most important rule that regulate the relation of government and also relation between different party of government.

Or

Is a law found on one or more document which constitute relationship between major organ of state and between the state with its citizen.

Section 3 of the Constitution Review Act [Cap 83 R.E 2023] means the fundamental law, written or unwritten, that establishes the character of a state by defining the basic principles to which a society shall conform, distribution of powers and functions among pillars of the state, by describing the organization of the executive, legislature and judiciary, their regulation, distribution and limitation different State organs and by prescribing the extent and manner of the exercise of its sovereign powers.

1.1.2 Constitutional Law

Is body of law which define the role, power and structure of different entities within a state, namely, the executive, the parliament or legislative and the judiciary, as well as the basic rights of citizens.

According to Black’s Law Dictionary 8th Edition pg.937 is a fundamental and organic law of nation or state that establishes the institutions and apparatus or government defines the scope of governmental sovereign powers, and guarantees individual civil rights and civil liberties.

1.2 CHARACTERISTICS OF CONSTITUTION

  • The constitution deals with the organization of state, power, that is, the ultimate sovereign, which is the state
  • The constitution establishes and regulates the powers of different organs of the state. The organs are the legislature, executive and judiciary
  • The constitution establishes and provides for the position of the individual vis-à-vis the state and its organs
  • The constitution contains the rules of substance and procedure which relate to affecting changes in the constitution as well as elections
  • The constitution is the supreme law of the Land, it is law above other laws

1.3 HISTORICAL BACKGROUND OF CONSTITUTION

The history of Constitution divided into several;

  • Slavery mode of production
  • Greek
  • Ancient Rome
  • Germanic Societies
  • Tanzania (Tanganyika

1.3.1 Slavery Mode of Production

  • Slavery mode of production was the second but the first exploitation on mode of production which existed in Europe and in some part of Africa among the Islamic societies. The man was a hunter-gather or and when most of his tools were wooden tools.
  • During salve mode of production there was tribal constitution where clan was central institution of the said constitution[1]. The tribal constitution beginning with the societal organization at clan level, where the supreme organ was the general assembly below which were two important posts, namely, the chief and headman.
  • The clan elected the headman (Sachem) who represented the clan in times of peace. The post of the chief was likewise elective. The chief acted as a war head or commander in chief. These posts were filled in though election by all the members of the clan, from the clan itself, although sometimes the war head was elected from outside.
  • Eligibility for election to headman ship followed the hereditary line of mother or father right depending on whether the society is matrilineal or patrilineal.
  • All members of the clan took part in the voting which was done at general assembly. However where phratries existed, they had to approve the election, or in the case the phratries did not exist, the rest of the clans composing the tribe approved the election. In case the elected person was not approved, the clan had to meet again to conduct the election. After approval the person was ceremonially installed either by the tribal council or by the confederal council as the case might be.
  • All members of the clan were personally free, and they were bound to defend each other’s freedom, they were equal in privileges and in personal rights, the sanchem and chiefs claiming no superiority. Liberty, equality and fraternity, though never formulated, were the cardinal principles of the clan.
  • The tribal Constitution through unwritten had its own principles upon which the society was run. The central principle on which the tribal constitution operated is democracy
  • Democracy in sense that, all members particiapated in discussions at the general assembl;y or the council at each level, namely the clan, the tribe or the confederacy.
  • Also it means that at each level, every member was eligible for election, and that every person took part in deposing an elected representative or official at each level.
  • Lastly, every person was involved in implementing decisions made at each level
  • Also the equality and freedom, tribal society was essentially eqalitarian for it had no special instruments of coercion and punishment outside the member themselves.
  • Mediation and Conciliation and where these proved failure, revenge was employed as the last resort.

1.3.2 Greek Societies

  • During the Heroic Age, Greece was very much of the tribal society, similar to the Iroquois of Northern America. However between the Iroquios and the Greek societies two differences stood distinctly:
  • First, in the Greek societies, unlike in the Iroquios, mother right had already given way to father-right and secondly, by this age, the system of exogamy, that is marriage outside the clan, was modified by the obligation on the part of a heiress to marry within the clan, to maintain clan property within the clan.
  • This suggests that during the Heroic age, exogamy marriages in the Greek societies were already withering away giving to endogamous marriages-marriages within the clan.
  • The Athenian society had followings features, popular assembly, where the assembly was convened by the council to decide important matters and every person present had the right to speak
  • Also there was theseus constitution comprised the earlier tribal chiefs, priests and other office bearers in the army and tribal council, confederancies and tribunals.
  • Solon Constitution, also was kind of constitution practiced, where attain high degree of maturity compared to theseus.
  • The constitution recognized that, creditors’ property suffered for the benefit of debtor’s property
  • The said constitution divided them into four groups, only members of the first three classes could hold office in the state. The fourth class had only the right to speak and vote in the popular assembly.
  • The Cleisthenes Constitution, The Cleisthenes constitution divided Attica into one hundred autonomous governing townships or demes.
  • The supreme power in the deme vested in the assembly of the citizens (demots) of the deme. The leadership of the deme comprised the official head (demarche), treasurer and thirty judges all of whom were elected by the citizens or demots
  • One hundred demes comprised the following organs
  • A popular assembly which met rarely to discuss serious matter’s e.g war
  • A council of 500 councillors elected by the ten tribes
  • Departments of the administration making up the civil service. These headed by archons and other officials
  • Courts
  • Police mostly consisting of slaves

1.3.3 Ancient Rome

  • According to the legends and traditions that seek to give an account of the foundation of Rome, that early Roman society was a tribal society.
  • Its social organization at the level of the family, clan, phratry and tribe was not very much different from that of the Greek
  • Before the founding of the city of Rome, the area used to be inhabited by three tribes, distinguished by language of origin.
  • The first tribe to settle there comprised one hundred latin-speaking clans. This was followed by the sebellian tribe also composed of one hundred clans.
  • The third whose identity is not disclosed also boasted of the one hundred clans. These tribes organized themselves into thirty phratries or curiae of ten clans each.
  • It is contended that the Roman clan was an institution identical with the Grecian clans.
  • At clan level, the patres-clan elders or fathers were the decesive force. The patres constituted a council of elders called senate. Besides the patres, there were the principles who were elected by the whole clan. The principles, in their capacity as clan heads, acted as official spokesmen of their capacity as clan heads, acted as official spokesman of their clans in the sanate
  • To this extent, each principle reinforced the voice of his clan elders in the senate. The senate, like the Athenian bule, among other things, initiated the discussion of crucial matters such as formulation of new law although the final decision was made by a superior organ.
  • At phratry level, the conitia curiata, the assembly of phratries, constituted the supreme organ. The comitia curiata transacted matters related to the clans, adopted or rejected laws, declared war and acted as a supreme court.
  • The assembly had one other important task, namely, it elected all higher officials including the Rex king. The rex, besides acting as the military commander, also performed the function of high priest as well as of the president of the court. Thus the military head was not a hereditary, but elective post.
  • Apart from the said constitution, there is another constitution known as servious tullius Constitution.
  • The Tullius divided the Roman male society into six classes over and above the slave. The division was based on wealth as counted by the number of asses owned by the individual irrespective of whether he was a populous or plebeian.
  • To this division also corresponded military service, which became the basis of political, administrative and judicial power.
  • In other words, the citizens in each of the six classes were organized into ranks of companies or centurial of one hundred.

1.3.4 Germanic Societies

  • The German tribal constitution operated on the basis of a council of chiefs principles, of a popular assembly, elected clan head, and a tribal head, as well as an elected military head.
  • Its principles of the operation remained the same as elsewhere, namely democratic principles of participation in decision-making at each level of the clan, phratry or tribe, democratic election of the leaders and the right to be elected to each post.
  • In turn these principles were based on the recognition of equal rights and duties of each individual and the relative independence of each clan or tribe.
  • The popular assembly was the central organ of decision making, and it took an extremently long time even after the rise of feudalism, following the Germans invation of the Roman empire, to loose this democratic assembly
  • The popular assembly was the real power in sense that the king or tribal chief who was democratically elected presided the assembly’s proceedings mainly in the form of pointed questions, to which short answers were given by the assembly.
  • The popular assembly was also the court of justice. The complainants were brought up here and decided and death sentences were pronounced, the latter only in cases of cowardice, treason or unnatural vices
  • The military leader among the Germans was, before contract with Rome, a generally weak leader. Not only was he elected and remained removable at the popular assembly’s will, not only was he below the tribal head in rank, but also even within the army, his authority was greatly reduced by the power of tribal priests.
  • The Mark Constitution, this was the first class-oriented constitution among the Germans, it divided the whole population territorially, into villages huntari, and shires. These in turn constituted a territorial tribe which was not based on blood relationship.
  • Engels argues that the mark constitution was merely a modification of the earlier primitive tribal arrangement for just as the members of the community originally had equal shares in the soil and equal rights of usage, so they had also an equal shares in the legislation, administration and jurisdiction within the Mark.
  • It is pointed further that Mark constitution retained the popular assembly which, inter alia, entertained judicial functions. The president had only to formulate the questions, but judgment was given by the aggregate of the members present.
  • This was, arguably, the earliest precursor of the inquisitorial system that was to develop throughout continental Europe, as distinct from the adversary sytem of the Anglo Saxon law.

1.3.5 Tanzania (Tanganyika)

1.3.5.1 Pre Colonial African Societies

Pre Colonial Africa Societies, refer to societies which existed in Africa continent before the colonization of the continent.

  • In Tanganyika, Wanyamwezi and wasukuma were different mode where the leader was based on the control of the producers themselves. The ability to control and mobilize labor was ideologically based. The Ntemi lead the people to new land (Kutema) whenever it was available.
  • Pre colonial societies had no codified to say that they had constitution but there was political and judicial system. For example instance disputes between clansmen were settled by the assembly without any representation, disputes involving members of different clans were settled by representation for purpose of defending the communal owned property in case the clan was made to pay if their member was found liable[2].
  • The parties to a suit although present, did not appear in person but are represented would be considered in our courts as advocates[3], parties, it would seem, were quite prepared to arrive at an amicable settlement and to this and in order to remove the possibility of a hasty word or blow struck in the heat of argument between the parties directly concerned and thus bring the opposing forces prematurely into conflict would employ a spokesman on their behalf[4].
  • Representation procedures were found among many tribes with this type of social organization. Examples can be found among the Wamatumbi, Wabondei, Wazigua, Makonde and Makua. The right to appear and prosecute one’s own rights which is most pronounced in the adversarial system was found in these societies. Such societies owned most of its property communally and therefore had a collective interest in all disputes hence need for communal spokesman. It recorded thus in respect of the Makua tribe that Each party had its Namwasiri or a court advocate selected on account of his glibness of tongue and his ability, The Namwasiri conducted the proceedings and argued the case on behalf of their respective clients[5].
  • The centralized and non-centralized societies both parties to dispute had to be represented by “wise man” in the community who acquired different tiles in different societies[6]. For instance among of Northern Eastern Tanganyika there was spiritual leader called “The great one in legal Matters” whose duty was to represent the clan, not as a paid advocate of an independent litigant, but as a legal guardian[7]. From that point mark as small step to direct representation by paid counsel which we find today in modern system of settling land disputes.
  • Tribunal itself acted as counsel for the disputes by listening to everything and sorting it out to determine the relevant issues, also role of counsel in examining and cross-examining both the parties any witness call to give evidence[8].

1.3.5.2 German Colonialism 1880s-1919

  • Germany administrative preserve and continued governed by African customary law administered by chiefs and other traditional disputes settlement mechanism[9]. However Germany introduced courts hence there was five courts in the country (includes Dar es salaam, Tanga, Moshi, Tabora and Kigoma).

1.3.5.3 British Period 1919 up to 1961

Article 22 of covenant of the league of Nations gave Britain a Mandate to administer German East Africa after German had lost the First world War 1914-1918[10]. From 1919 up to 1945 under Tanganyika Order and Council of 1920[11] under mandate until 1945 when Britain under Article 77 of United Charter opted to rule as trust territory[12].

British introduced Tanganyika Order and Council of 1920, the said document was read and made applicable 22nd July 1920 which gives authority to the king to appoint governor and commander in chief of Tanganyika who was empower with legislation authority as well as judicial making authority.[13]

1.3.5.4 During and Post Independence 1961-1985 (Nyerere Regime)

  • Tanzania adopted the Independence Constitution of Tanzania. It was based on the West Minister model except that it had no bill of rights.  It provided for a Governor General representing the Queen as the Head of State; an executive prime minister from the majority party in parliament; a cabinet of ministers collectively and individually responsible to parliament and an independent judiciary,
  • 1962, Tanganyika became a republic with Nyerere as its president, The Republican Constitution of Tanzania was adopted. It marked the beginning of the presidential system and lay a foundation for “imperial presidency”, in that it combined in the president the powers of head of state and government and all the previous powers of the Governor General and prime minister. He was Head of State and head of government, commander in Chief of the army and part of parliament,without whose assent a bill would never become law. He appointed ministers and the Vice President, and chaired cabinet.
  • -The collective and individual responsibility of ministers shifted from the national assembly to the president. Parliament could not impeach the President though the President could under certain circumstances dissolve parliament.
  • The president inherited all the powers of the governor by the colonial legislation such as the Deportation Ordinance, the Collective Punishment Ordinance, the Emergency Powers Order in Council to which the independent government added its own repressive laws such as the notorious Preventive Detention Act, which gave the president powers to detain a person without trial.
  • An existing national assembly which converted to a constituent assembly by an Act of parliament passed the new Republican Constitution. The 71 elected members of the national assembly, all elected members of TANU passed a law that allowed them to convert the national assembly into a constituent assembly with powers to adopt the new constitution. The procedure sided lined people and thus lacked political legitimacy or force of law from the people.
  • The Interim Constitution of the United Republic of Tanganyika and Zanzibar 1964 (the Union Constitution) was established. The Union Constitution was a modification of the Republic Constitution of 1962.  The Union was constituted by signing of a treaty called the Articles of Union by the respective heads of state Mwalimu Nyerere and Abeid Amani Karume. It was ratified by the respective legislative bodies and became part of the municipal law called the Acts of Union.
  • The main features of the Acts of Union were the following:
  • – The Acts of Union were a constitutional instrument controlling both the Union and Zanzibar Constitutions.
  • – It established a two-government Union. 11 items were placed under the jurisdiction of the Union legislature and executive and the remaining matters under the exclusive jurisdiction of the Zanzibar government. The Union executive was to operate in Zanzibar in relation to union matters through the Zanzibar president who by virtue of his position was also vice president of the Union.
  • – The Acts of the Union provided for a procedure for the adoption of a permanent constitution through the appointment of a constitutional commission followed by a constituent assembly, in order to allow some people participation in the making of the Union. Unfortunately the one-year period that was specified in the original articles came to some 13 years, when a constitutional commission and Constituent assembly were formed albeit in a fashion that almost sidelined people participation. The people have never had opportunity to debate the needs, structure and division of power of the union.
  • 1965: The Interim Constitution was modified. It formalized the one party state and reenacted all changes brought about by the Union. The Constitution declared the AfroShirazi the party for Zanzibar and TANU for Tanganyika. The Constitution of TANU was made a schedule to the Constitution thus legally endorsing the emergence of a party state. The 1965 Constitution was enacted by an ordinary Act of parliament an equivalent of an amendment of the Constitution repealing an existing Constitution and establishing a new one. It was yet another example of lack of constitutionalism and participation of the people.
  • 1965-1977: Several amendments were made to the Interim Constitution before the permanent Constitution was adopted. Notable were 2 amendments:
  • – There was an increase in the number of matters under the jurisdiction of the Union government, which led to further constriction of the autonomy of Zanzibar.
  • – The second amendment was the consolidation of one party state and the undermining of the National Assembly in favour of the National Executive Committee of the Party. The 1975 amendment (Act 8 of 1975) for instance declared the supremacy of the party by providing that all functions of the all state organs were to be performed under the auspices of the party, a formalisation of what had already happened de facto.
  • 16 March 1977: After the merger of the TANU on the mainland and ASP in Zanzibar; the President of the United Republic of Tanzania appointed a 20-person joint party committee headed by Thabit Kombo to propose a new constitution. The same party Committee was appointed as the constitutional commission in accordance with the Acts of Union on March 25, 1977. It within a short time made and sent proposals to the NEC of the party, which adopted them in a day, in camera.
  • The president appointed the Constituent Assembly on the same day as the Committee, to discuss and enact the new constitution. The bill for the new constitution was published seven days before the Constituent assembly met to discuss it and the constituent assembly enacted the Constitution in three hours after it was presented to it.
  • The 1977 Permanent Constitution / The Fourth Constitution was adopted. It concentrated state power in the executive within the party state under an imperial presidency it was made with no public debate or consultation. It for the first time recognized the monopoly of politics vested in the CCM, which by then emerged as a single party in the whole union. The 1977 constitution rested on the three pillars namely imperial presidency, the two-union government and the one party state.
  • 1978, there was amendment that regarded as first which introduced the Court of Appeal of Tanzania, it was Act No14 of 1978
  • 1980, the second amendment, reason for that was passage of Zanzibar Constitution, it was Act No.1 of 1980, again there was another changes which introduced ne member of parliament representing electro constituency
  • 1982: By the Act No21 of 1982 there was amendment to insert provision which recognize the appointment of regional commissioner.
  • 1983-1984: Amendments of the 1977 Constitution: The Fifth Constitutional amendment as an exception to the rule. This 1983-4 constitutional debate was a fine example of public participation in constitution making because it was initiated by the NEC of CCM contrary to the usual practice where the NEC made decisions and asked government to implement them. Secondly, contrary to previous practice, a public debate on the party’s proposals was invited and a year assigned for the purpose. Thirdly although having a bill of rights had not been part of the proposals, it was included as a result of public demand. The debate was therefore the only one of its kind in the constitutional history of Tanzania. As a result of the debate there demands for more autonomy of Zanzibar which threatened the party and led to announcing a “pollution of political atmosphere” forcing the then leadership of Zanzibar to resign.
  • 1985: Mwalimu Julius Nyerere stepped down voluntarily as Head of State of Tanzania and Ali Hassan Mwinyi succeeded him as Head of State.

1.3.5.5 Mwinyi Regime (1985-1995)

  • 1990 there was sixth amendment by Act No.14 of 1990 aimed to introduced a new structure of electrocommission.
  • Also there was seventh amendment by Act No 16 of 1990 aimed to provide the procedure for election in Zanzibar.
  • 1992 May: The Eighth Constitutional Amendment by Act No. 4 of 1992 which paved way for a multi party political system came into effect. The constitutional amendment changed the composition of the National Assembly, which consisted of elected members. Women representatives who were 15% of the total membership were to be appointed by their parties. There were to be 5 members elected from the Zanzibari House of Representatives from among themselves. The National Electoral Commission members were to be appointed by the President. Instead of being a member of CCM as before, parliamentary and presidential candidates could be nominated by any registered party, which meant that independent candidates could not stand for elections any more. Matters to do with the registration of political parties were added on the list of Union matters making them 22.
  • 1992 July 1: The Registration of Political Parties Act came into effect.

SOURCES OF THE CONSTITUTION

You should be familiar with the following areas

  • Sources
  • Classification of the Constitution
  • Function of the Constitution

1.1 SOURCES OF THE CONSTITUTION

1. PEOPLE

The Constitution is embodiment of the how people they want to live. An opinion of the people. E.g preamble shows the modality and spirity of the people

2 . ACT OF PARLIAMENT

Normally these are laws made by the parliament and others bodies example some of the laws are made out of parliamentary system.

3 .JUDICIAL PRECEDENT

These are some of decision of judges that has in the evidenced the change of Constitution. The opinion of judges regards to amendment of certain  privision of Constitution constitutes the source of Constitution.

4. INTERNATIONAL TREATIES

These are agreement between the state  in writing. There are international agreement that are made to facilitate  the certain activities. Some law which are made to international become the part and parcel of Constitution example Universal Declaration of Human Right 1948 incorporated in our bill of rights.

5. ACADEMIC WORKS

This works of the expertise that the words can make convincing to change of Constitution e.g Plato, Socrates

6. PRESIDENTIAL DECREES

Are those laws that are made by the president and normally those are made by the president and normally those are made by dictatorial president.

7. CONVENTIONS AND CUSTOMS

These are made by unwritten practices of the parliament, judicial and executive e.g Ground norms

8. PROCLAMATIONS

An official moment made to the public and they from the Constitution.

CLASSIFICATION OF THE CONSTITUTION

A. ACCORDING TO FORM

i) Written

ii) Unwritten

I. Written Constitution

Is Constitution contained in a single documentary or series of document with or without amendment defines the basic rules of state. It type of Constitution which its rule and principles contained in single document. Eg. The Constitution of the United Republic of Tanzania, 1977

II. UNWRITTEN CONSTITUTION

Is type of Constitution which its rule and principle are not contain in single document. Instead the rule are founded in different document E.g Israel and U.K

B. MODE OF CHANGE

i) Flexible

ii) Regid

I. FLEXIBLE

Is kind of Constitutional that can easy be change and its procedure of changing are same of those of changing ordinary laws of land. It based on the special procedure for changing it.

II. RIGID/ STRICTLY

Is kind of Consituyional that is not easy to amede and based procedure for its amendment. It general its procedure of amending is comicated.

C. ACCORDING TO FORM OF GOVERNMENT

I. FEDERAL AND UNITARY CONSTITUTION

It Constitution where there is division of power between central government of which make the federation. USA, Germany, Nigeria and Malaysia

II. UNITARY CONSTITUTION

it found in all country with Union government and it found  where the government  found  after union two or more sovereign state to form a single state and under single government e.g Tanzania

III. REPUBLIC AND PRESIDENTIAL CONSTITUTION

Republic Constitution  these are type of Constitution that exist in those country where the elected president us head of state and the head of government e.g. Tanzania, Kenya and Rwanda.

Presidential Constitution is that form of Constitution which the head of the executive branch is also the Head of state and he is not a member of a legislature or not directly responsible to the legislature. Tanzania where the prime minister is the Head of State.

III. PARLIAMENTARY AND MONARCHY

Parliamentary Constitution is the form of constitutional which the head  of state is prime minister who sovereign under the head state who is another person. Eg UK and Israel. Monarchy Constitution these are Constitution exist in state the government is headed by monarchy and leadership is hereditary in nature.

IV. DEMOCRATIC AND DICTORIAL CONSTITUTION

Democratic Constitution it is kind of Constitutional which allow all an adult citizen to have equal say whether direct or indirect in the election and decision affected their lives. Dictotorial these are Constitution most founde in country where there coup detat and revolution e.g Libya

E. POLITICAL SYSTEM

I. SOCIALIST AND MULTIPARTY

Socialist is type of Constitution  which involved one party e.g Cuba, China, Tanzania before 1992. Multiparty Constitution is type of Constitution which doesn’t restricts the freedom of political e.g Tanzania and Kenya

FUNCTIONS OF CONSTITUTION

To organize, distribute and regulate state powers by setting out the structure of the state providing for the major state instructions and also setup the principles governing the relationship with each other and with a state citizen. From above function we got; providing otgan of the state and it imposes power of the state article 4(1) of the Constitution of the United Republic of Tanzania where it establish organs of the state power of execute as provided under article 33(1).

[2]Among the Zigua tribe this representatives was known as the Mnyosi, The Matengo called him a Hwakili, The Matumbi a Mseme, while the Makonde called him the Mkitara

[3] See also J.Koponen,J, People and Production in Late Pre-Colonial Tanzania, Finnish Society for Development stdies (1988),5.

[4]http.;www:///E:/LIB/1.%20school.com ((accessed 26th March 2018 at 3:45)

[5] Ibid

[6] A.N.Allot, Essay in Africa law, London Butterworth & Co Publishers Ltd (1960) 240.

[7]http://ehrafworldcultures.yale.edu/ehrafe/citation.do?method=citation&forward=browseAuthorsFullContext&id=fn04 (accessed 26th March 2018 at 4:20)

[8] P.Gulliver, Social Control in an Africa society:A Study of the Arusha , London Routledge &Kegan Paul publishers, (1963), 173.

[9] B.A.Samatta, “Striking a reasonable balance between the freedom of the individual and the security of the state” C.M.Peter &H.K.Bisimba, Law &Justice in Tanzania, Mkuki na Nyota Publishers, Dar es Salaam (2007),28.

[10] The covenant of the League of Nations , 28 April 1919

[11] Tanganyika Order and Council of 1920.

[12] United Nations Charter 1945.

[13] See Art. 4 of Tanganyika Order and Council 1920