Qn.1.

Rule of law is the governing principle that all people and institutions of the land are subjected to
law, its a principle that subjects every citizen to the law even law makers, by creating rights and
duties to citizens, and establishing the government with power and its limits, in so doing rule of
law controls the administrative powers by insuring there are within limits which the law of the
land prescribe (arbitrariness or ultra vires)

In Tanzania rule of law is manifested under provisions of 13(1) of the United Republic of
Tanzania Constitution of 1977, CAP 2 of Laws of Tanzania as amended time to time
(hereinafter referred as Constitution), which provides for equality before the law, thus none of
us is above the law, thus all citizens are governed by law and they are all equal before it, even
those who made it.

There are a lot of things which manifest that there is rule of law in Tanzania, in our Constitution
there are following things or principles which manifests that there is rule of law;

Constitutionalism; it should be noted that the citizens will of Tanzania on how they want to live
is codified into a single document, in the preamble of Constitution, thus all of us, citizens of
Tanzania we obey the supreme law of the land which is the Constitution.

Separation of power; the powers of the state are vested in three pillars of the state, so as to
protect individual rights, simply because if the three powers of the state could have been vested
in a single organ or person ultra vires actions could be unavoidable, thus the reason why there
are three pillars of the state each of the organs having exclusive power, law making power is
vested on Legislature, administrative power, is vested on the Executive, and interpretation of
laws and administration of justice, is vested on the Judiciary, as provided under article 4 of
Constitution.

Principle of check and balance; after having separation of power, to ensure that every organ of
the state acts within its limits, the principle of check and balance comes in, sometimes when
laws are made if they very tyrannical, and Executive violate any individual rights, the Judiciary
through judicial review will declare such laws to be unconstitutional and administrative actions
to be ultra vires even the Executive is accountable before the Legislature, through ministerial
accountability, referred in article 30 (3) & (5), article 52 (2) of Constitution.
Also, recognition of bill of rights; the Constitution recognize individual rights, in so doing it
creates rights and duties of every citizen, every citizen must respect another citizen right, thus,
citizens will be living according with the provisions of the law as provided under article 26 of
Constitution, referred in provisions of articles 12-30 of Constitution.

Lastly, Tanzania is a democratic country; under paragraph 3 of the preamble of Constitution it

declares our country to be a democratic country, its a country lead by laws, thus our government
is not of monocracy government rather its nomocracy government, thus the reason why citizens
have the right to vote provided under article 5 of Constitution.

As explained herein above those are things which manifests that there is rule of law in Tanzania,
thus there is, democratic country, bill of right, check and balance, separation of power and
constitutionalism.
Qn.2.

Independence of judiciary; is a separation of power principle which aims at putting the

judiciary away from other organs of the state, its a constitutional principle which guarantee
freedom of judiciary in decision making, it guarantee individual and institutional independence,
it requires that the Judiciary should be free from any influences whether from other organs of the
state or any individual person which can make it render unjust decisions

Individually it guarantee freedom to a judge or magistrate to exercise judicial functions

independently, judges or magistrates own assessments of facts and in accordance with
conscientious understanding of the law is what should be used to make just decision of the
court and not any extraneous influences, inducements, pressures, threats or interference,
direct or indirect from any person or institution, even judicial colleagues or Legislature or,
Executive, referred in Code of Conduct for Judicial Officers of Tanzania, and The Bangalore
Principles of Judicial Conduct under provision of value 1.

Institutional independence; is about judicial freedom as an institution, its about freedom of the
Judiciary to exercise its power of administering justice as conferred within provisions of articles
4 & 107B of the United Republic of Tanzania Constitution of 1977, CAP 2 of Laws of
Tanzania (hereinafter referred as Constitution) free from any interference from other organ of
the state (Executive and Legislature).

Within and even outside of our Constitution there are a lot of things which tends to undermine
independence of judiciary, as follows;

Power of president to pardon convicts under provisions of article 45 of Constitution; it should

be noted that, the Judiciary and quas judicial boardies are the one which have coherent power
to administer justice as the provision of article 13 (6) (a) of Constitution, however its the
Judiciary which possess the last say in decision making when it comes to issues of rights and
duties, referred in article 107A (1) of Constitution, thus the issue of president to pardon convicts
after the court had already made decision and another person comes in to overrule the decision
made by the court of law is clearly violation of independence of judiciary.

Yet, power of the Legislature to overrule precedent through enactment of rule of law as it was
in a case of Late. Christopher Mtikila VS Attorney General, in which the applicant won his
petition of private candidate, but later on the Legislature came in and made law which requires a
person to have a political party having at list two hundred (200) people supporting him so as to
contest in president seat, in so doing the rights of the citizens and freedom of court to administer
justice are curtained, since its like the court is holding a sword which cannot cut, and how can a
citizen enforce their own rights if they can be easily curtailed.

Also, power of president to appoint judges to hold judicial offices; under provisions of articles
118 (2) & (3), and 109 (1) of Constitution, its a president who appoints the Chief Justice,
Principle Judge, and other judges of the High court and Court of Appeal, therefore it quite clear
that our Constitution is a bit misleading on issue of freedom of the Judiciary, since how can the
Judiciary be independent if its a member of Executive who appoints its personnels.

Fourthly, power of president to appoint judges to hold Executive offices; also president have
power to appoint judges to hold Executive offices, referred in article 36 of the Constitution, for
example chairperson of the election committee is a judge, yet our Principle judge Fredrick. L.
Wambali before being the Principle judge, was the principle of Institute of Judicial
Administration Lushoto, then from there how can one person discharge two functions at the
same time, obviously its not easy

Further, our constitution guarantee mostly judges and not all judicial officers; on issue of
security of tenure, security of remuneration, only judges are protected but not all judicial officers,
since, the remuneration of judges come from the National Treasure Fund but not other judicial
officers, issues of transportation, judges have cars, but other judicial officers only some of them,
furthermore, the procedure of firing a judge is very cumbersome not like of other judicial
officers, referred in articles, 110A, and 120A of Constitution, thus the reason why the song of
corruption never end in our Judiciary, thus the reason why many of citizens doesnt trust our
Judiciary.

Therefore its quite clear that independence of judiciary is affected with a lot of things, apart
from those explained herein above, there are other things, like the budget of judiciary, other
organ of the state have their own budget, but the Judiciary uses a budget from the Ministry of
constitution and law, which is under the Executive, yet public pressures (press), communication
medias, other people words also do affect individual independence, since not all judges can
handle comments of the public towards them.
 REFFERENCES

1. The Constitution of United Republic of Tanzania of 1977, (CAP 2 of Laws of Tanzania)

2. The Bangalore Principles of Judicial Conduct.
3. The Code of Conduct for Judicial Officers of Tanzania
4. Issa, O. (2016), Constitutional Law a Guide for Beginners, Mbeya, Tanzania, Wazo
publishers