NATIONAL INSTITUTE OF TRANSPORT

DERPATMENT OF ENGINEERING AND TRANSPORT TECHNOLOGY

COURSE : BAEL

MODULE NAME : LAW FOR ENGINEERS

MODULE : GSU 08201T

LECTURER NAME : FABIAN KISUKA

STUDENT’S NAME : IDD KULEBA SEFU

REGISTRATION : NIT/BAEL/2019/664

SEMESTER : 02

ACADEMIC YEAR : 2022/2023

TASK : INDIVIDUAL ASSIGNMENT ONE

SUBMISSION DATE : 22nd March, 2023

SUBMISSION TIME : BEFORE 12:00 NOON

Questions

a) Discuss the sources of law and explain how the concepts of contract law are applicable in
Engineering professionals.
b) With relevant Authorities explain employment standards are illustrated in the
Employment and Labour Laws.
a) According to Austin Law is the aggregate of rule set by men as politically superior or sovereignty

to men as politically subject. In other word Law is command of the sovereign. According to

Wikipedia Law is a system of rules, usually enforced through a set of institution it shapes politics,

economics and society in numerous ways and serves as a primary social mediator of relation

between people, therefore law can be defined as are the rules, regulations or principles created by

the people to govern the behavior, conduct or moral deeds of the people in the certain community

or society.

The Tanzanian legal system is based on the English Common Law, which derives from its British

colonial legacy. However, unlike the unwritten British constitutional system,

Tanzania has a written constitution (constitution of united republic of Tanzania) which is the first

source of law, the Statutes or Acts of Parliament are the second source of law, Case law

(precedent) is the third source, followed by Received Laws, customary and Islamic law (that is

applicable to Muslims), International Laws and instrument and finally Writing of prominent

lawyers and legal experts. The mentioned sources of Laws are discussed as follows,

i. CONSTITUTION OF UNITED REPUPLIC OF TANZANIA

Constitution is a supreme law or grand norm of the land mother law which provides for

establishment of the organs of the state, one of which being the parliament (legislature) which is

mandated with power to enact Laws. The fact that the parliament is established under the

constitution it is thus deemed to be a source of Laws. Also, under the constitution of united republic

of Tanzania the provision of article 64(5) provides that all provision of Laws must be consistent

to constitution and any Law or provision of Law which is inconsistent to the constitution is null

and void.

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 ii. STATUTES (ACTS OF THE PARLIAMENT)

A statute may be defined as an express and formal laying-down of a rule or rules of conduct to be

observed in the future by persons to whom the statute is expressly or by implication made

applicable. These includes the Act enacted by parliament, and this Laws are divided into,

(a) Primary or principal legislation

These are the laws made by parliament after a bill has passed by majority of parliament. These

laws must not conflict with the constitution. It should be noted that the parliament is the supreme

legislative body; it can make or unmake any law to any extent. Any act passed by parliament which

is of general application is absolutely binding on all persons within the sphere of parliament’s

jurisdiction.

(b) Subordinate or subsidiary legislation

The power of the parliament to delegate its authorities is found under article 97(5) of the

constitution of the United Republic of Tanzania which states that: -

“The provisions of this article or article 64 of this constitution shall not prevent the parliament

from enacting laws making provisions conferring on any person or department of Government the

power to make regulations having the force of law or conferring the force of law on any regulations

made by any person or any department of Government”

Because parliament is legislatively omnipotent, it can grant to some other person or body the power

to make orders, regulations or rules which have the force of law. In strict legal theory, the

parliament ought to retain in its own hands the power and duty to enact all the laws and rules

affecting the state. In practice, the parliament cannot discharge this duty mainly because it has so

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much to do and so little time in which to do it. It overcomes this difficult by resorting to delegated

legislation, sometimes called subordinate legislation.

Acts of parliament tends to lay down general principles or policy and to leave the working out of

the administrative details to subordinate authorities who are responsible for carrying the Acts into

effect. For instance, the Road Traffic Act, 1973 empowers the minister responsible for transport

to make regulations in respect of road-traffic matters by means of statutory instruments.

The subordinate legislation as a matter of general principle, a subordinate legislation should not

conflict with a parent statute which enabled its creation. In practice, parliament cannot discharge

this duty mainly because it is difficulty by resorting to delegated legislation, sometimes called

subordinate legislation. These Laws may be consulted or adopted in enactment of the new Law.

When parliamental draftsmen consult, referred or adopt a Law enacted by parliament that Law

becomes a source of newly enacted law.

iii. CASE LAW OR PRECEDENTS

This source involves the decision made by court if records (Higher court and court of Appeal of

Tanzania). The reasons for decisions of the higher courts may serve as precedent for future courts

to follow in the event that a similar fact situation is adjudicated again. The courts are bound to

follow precedent cases in accordance with the doctrine of stare decisis. Essentially the common

law contains a set of principles enunciated through the decisions of courts over the past six hundred

years. The reasoning behind the ruling in the judgment is called ratio decidendi. The ratio

decidendi of the case is what is followed in the next case of the same facts or similar circumstances.

That becomes a precedent. A precedent is said to be authoritative when it comes from the court

above in the hierarchy.

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Characteristics of Precedent includes certainty, continuity, precision, flexibility, uniformity,

rigidity and predictability. When parliamental draftsmen consult, adopt or reffered the decision of

court in the enactment of law such precedent becomes the source of newly enacted Law.

iv. CUSTOMARY LAWS OR CUSTOMS AND ISLAMIC LAWS

This source involves the Laws established from customs, traditions and culture of various tribes

of Tanzania. A custom is defined as a usage that has obtained the force of law and is binding as

regards the particular place, persons and things with which it is concerned. Customs are not written

laws; they develop from a particular usage or traditions. In modern law, custom has very limited

role to play and a narrower meaning that is, a particular rule which has existed since time

immemorial and must have obtained legal status within a particular location.

The characteristics of custom are it must have existed in fact, or by presumption, since time

immemorial, namely 1189, the custom must be local, that is, confined to a particular locality and

custom is an exception to the normal operation of the common law-though many customs have

abolished by legislation. These Laws have directives and sanctions that have contributed in the

enactment of penal code and the Law of contract Act. Hence customs as a source of law forms the

body of laws known as customary law, thus a customary law may be defined as the body of

customs which by usage has acquired the force of law. As such it is constantly changing with

changing life.

Customary law in Tanzania, read section 11(1) (a)-(c) of JALA

Islamic laws are the Laws that govern persons who prophases Islamic writs. Those Laws from

Islamic perspective have contributed in the enactment of Laws on matters of marriage, inheritance,

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division of matrimonial assets, custody of children, For example the Islamic reinstatement Act. It

Began about 600 A.D. Islamic Laws in Tanzania, read section S.11 (2) (a)(ii) of JALA.

v. Received Laws

These are the laws received from England through India by via the Tanganyika Order in Council

of 1920, famously known as the Judicature and Application of Laws Ordinance (JALO) which is

now known as the Judicature and Application of Laws Act (JALA). After independence these

Laws where modified or codified or transformed to become the new Laws of the Land.

Section 2 of the JALA, 1961, the jurisdiction of the High court shall be exercised in conformity

with the written laws, the common law, the doctrines of equity and the statutes of general

application in force in England on the 22nd day of July 1920.

Provided always that, the said common law, doctrines of equity and statutes of general application

shall be in force in Tanzania only so far as the circumstances of Tanzania and its inhabitants permit

and subject to such qualifications as local circumstances may render necessary. To date the above

section in referred to as section 2(2) of the Judicature and Application of Laws Act, Cap. 358 (R.E.

2002)

Section 9-The provisions of the acts of parliament of the United Kingdom as amended prior to the

22nd day of July 1920 shall apply to and have effect within Tanzania subject to the exceptions,

adaptations and modifications set out therein. These are the Foreign Tribunals Evidence Act, 1856,

evidence by Commission Act, 1859, foreign Law Ascertainment Act, 1861, British Law

Ascertainment Act, 1861, conveyancing (Scotland) Act, 1874-section 51, colonial Prisoners

Removal Act, 1884 and evidence by Commission Act, 1885.

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 vi. INTERNATIONAL LAWS AND INSTRUMENTS

These are Laws created by international board like treats must be accepted by a country and that

country must ratified and codified such international document to become a domestic Law. For

example, a child Act which comprises of provision of convention on the rights of child.

vii. WRITINGS OF PROMINENT LAWYERS AND EXPERTS

These are writings and documents written by expert which are consulted, reffered or adopted by

parliamental draftsmen in the enactment of the Law. The document reffered, consulted or adopted

become the source of a newly enacted Law.

The concepts of contract Law are applicable in engineering professional as follows,

A contract is an agreement enforceable by law or an agreement that is legally enforceable. An

agreement is further defined by section 2(1) (e) of LCA to mean every promise or set of promises,

forming the consideration for each other. Contract law is the legal body that encompasses both the

origination, enforcement and ultimate enactment of all legal contracts or agreements. The

importance of contract law is A law of contract is important because it enable lawyers to

understand that there are necessary elements which must appear in a contract for a purpose of a

contract to be named as a legal contract, Engineering contracts cover four particular issues of an

agreement between an engineer and the company they are going to work on a project for Examples

of engineering contracts includes Lump Sum Contract, Unit Price Contract, Cost Plus Contract

and Incentive. The concepts of contract law are applicable in engineering professionals as follows,

Contracts make sure that products and services are paid for in a timely manner. An engineering

contract should outline when payments will be received, from whom, and how much, as well as

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 instructions for invoicing, Contracts guarantee confidentiality, Contracts prevent disputes between

parties.

b) Employment standards aims at promoting opportunities for every individual to offer and obtain

decent and productive work in conditions of freedom, equality, security and dignity. In today

globalized economy these standards are essential factors for ensuring that the growth of the global

economy provides benefit to all.

Generally, the essential employment standards as set out in Tanzania statute relates to hour to

work, termination of employment or minimal severance pay requirements, overtime pay, statutory

holiday and pregnancy leave. The employment standards herein discuss does not apply to seafarer

whose terms and conditions of employment are regulated under shipping Act.

Employment standards are provided for under part III of the Employment and Labour Relations

Act [ Cap 366 R.E 2018].

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 REFERENCES

Engineering Contracts: Everything You Need to Know - Up Counsel

https://www.tradeclub.stanbicbank.com/portal/en/market-potential/tanzania/legal-

environment&ved(March, 2023)

https://mkundilegalservice.blogspot.com

Sources of law" may also mean any premiss of a legal reasoning. Goltzberg, Stefan (2016). Les

Sources du droit. Paris: Presses Universitaires de France. ISBN 2130748600

https://www.darnexlawattorneys.co.tz/2021/04/08

Lecturer notices