LOCAL GOVERNMENT AUTHORITIES IN TANZANIA:

By Jaba Shadrack, UDSM – 2010.

Definition and Introduction

Local government refers collectively to administrative authorities over areas

that are smaller than a state. The term is used to contrast with offices at
nation-state level, which are referred to as the central government, national
government, or (where appropriate) federal government. "Local government"
only acts within powers delegated to it by legislation or directives of the
higher level of government. (Wikipedia Encyclopedia).

Common names for local government entities include state, province, region,
department, county, prefecture, district, city, township, town, borough,
parish, municipality, shire and village.

For administrative purposes, Tanzania is divided into 26 regions; 21 on the

mainland, 3 on Zanzibar, and 2 on Pemba. 99 districts have been created to
further increase local authority. These districts are also now referred to as
local government authorities. Currently there are 114 councils operating in 99
districts, 22 are urban and 92 are rural. The 22 urban units are classified
further as city (Dar es Salaam, Tanga, Mbeya, Arusha and Mwanza), municipal
(Dodoma, Iringa, Kilimanjaro, Morogoro, Shinyanga, Tabora), and town
councils.

Historical Perspective of Local Government in Tanzania

The mainland Tanzania has a long history of functioning local government,

starting with the Native Authorities Ordinance in 1926. There was a ten year
break, as in 1972 the local government was abolished and replaced with a
direct central government rule. The reintroduction of the local government
occurred in the beginning of the 1980s (1982) when the rural councils and rural
authorities were re-established.

Local government Elections took place in 1983 and the establishment of

functioning councils in 1984. In 1993 the one-party political system was
abandoned and replaced with a multi-party system of government, the first
multi-party elections taking place in 1995. Following the liberalisation of the
political field, was a major public sector reform, which included a Local
government Reform Programme (LGRP).
The LGRP covered four areas: political decentralization, financial
decentralization, administrative decentralization and changed central-local
relations, with the mainland government having over-riding powers within
the framework of the Constitution.

This process of local government reform is still on-going. It aims to promote

democratic, accountable and autonomous local government authorities, with
wide discretionary powers and a strong financial base implemented by 2011.

In the case of Zanzibar, the 1964 revolution not only abolished the Monarchy
but also did away with the separation of the legislature, the executive and
the judiciary, fusing all their functions into a revolutionary council. Since the
promulgation of Zanzibar's first post-revolution constitution in 1979, Zanzibar
has, however, passed various pieces of legislation on local government. At
the moment, Zanzibar is developing a programme for local government with
the assistance of the United Nations.

LEGAL FOUNDATION OF LOCAL GOVERNMENT AUTHORITIES IN TANZANIA

Local Government is a non-Union matter. It is nonetheless enshrined in the

Union constitution as well as in the constitutions of the mainland and
Zanzibar. In mainland Tanzania, the Constitution of the United Republic
1977, Articles 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.

In relation to the local government in the mainland the main legislation

are:-

(a) The Constitution of the United Republic of Tanzania of 1977

(b) Government (Urban Authorities) Act, 1982

(c) Local Government Finance Act, 1982

(d) Urban Authorities (Rating ) Act, 1983

(e) Regional Administration Act, 1997

(f) Local Government Laws (Miscellaneous Amendments) Act, 1999

(g) The Local Authorities Provident Fund Act (Act No. 6 of 2000)

(h) The Local Government Authorities (Decoration of Buildings) Act (Act No. 9
of 1968)

(i) The Regions and Districts (Establishment Procedure) Act (Act No. 12 of
1994)

Note: the Local Government Services Act 1982 has been repealed, recently.

In Zanzibar, the relevant part of the Constitution 1984 is Article 128. The
main legislation regarding Local Government are:

(a) Zanzibar Municipal Council Act, 1995

(b) District and Town Councils Act, 1995

Note: The minister of state in the President's Office - Regional Administration

and Local Governments (PO-RALG) is responsible for the administration of
this legislation.

Aim of Local Government in Tanzania

Local Government Authorities exist for the purpose of consolidating and

giving more power to the people to competently participate in the planning
and implementation of development programmes within their respective
areas and generally throughout the country. In modern nations, local
governments usually have some of the same kind of powers as national
governments do. For instance, they have some power to raise taxes, though
these may be limited by central legislation.

FUNCTIONS OF LOCAL GOVERNMENT

All Local Government Authorities are mandated to play three main

functions; Article 146 (2) (a)-(c) i.e.;

(i) Maintenance of law, order and good governance.

(ii) Promotion of economic and social welfare of the people in their

jurisdiction

(iii) Ensuring effective and equitable delivery of qualitative and quantitative

services to the people within their areas of jurisdiction
In addition to the basic functions, all local governments are charged with
seven other functions and duties, as follows: [Refer, Party V of the Local
Government (District) Authorities Act].

(a) Formulation, coordination and supervision of the implementation of all

plans for economic, industrial and social development in their areas of
jurisdiction.

(b) Monitoring and controlling the performance of duties and functions of the
council and its staff.

(c) Ensuring the collection and proper utilization of the revenues of the
council

(d) Making by-laws applicable throughout their areas of jurisdiction, and

considering and improving by-laws made by village councils within their areas
of jurisdiction.

(e) Ensuring, regulating and coordinating development plans, projects and

programmes of villages and township authorities within their areas of
jurisdiction.

(f) Regulating and monitoring the collection and utilization of revenue of

village councils and township authorities.

(g) Subject to the laws in force, doing all such acts and things as may be done
by a people's government.

STRUCTURE OF LOCAL GOVERNMENT AUTHORITIES

Types of Local Government in Tanzania

Local Government Authorities are classified into two major categories;

(a) Urban authorities

They are responsible for the administration and development of urban areas
ranging from townships, municipalities and Cities.

(b) Rural Authorities

They are commonly known as District Councils.

Note: the local government is divided into urban and rural authorities both
on the mainland and Zanzibar.

ON THE MAINLAND TANZANIA; urban authorities consist of city councils,

municipal councils and town councils, whereas included in the rural
authorities are the district councils with township council and village council
authorities.

The district and urban councils have autonomy in their geographic area.
District councils coordinate the activities of the township authorities and
village councils, which are accountable to the district for all revenues
received for day-to-day administration. The village and township councils
have the responsibility for formulating plans for their areas.

In Zanzibar: urban authorities are made up of town councils and

municipalities, while rural authorities comprise of district councils.

In both locations, below the local authorities there are a number of

democratic bodies to debate local development needs. In the rural system,
the vitongoji, the smallest unit of a village, is composed of an elected
chairperson who appoints a secretary and three further members all of whom
serve on an advisory committee. In the Urban areas streets (mitaa) i.e. is the
smallest unit within the ward of an urban authority.

Unlike suburbs (vitongoji), the Mtaa Committees have a fully elected

membership comprising of a chairperson, six members and an executive
officer. (Ref. Sections 16-19 of Local Government (Urban) Authorities Act.

A: RURAL (DISTRICT) LOCAL GOVERNMENT AUTHORITIES

Local Government (District) Authorities Act of 1982 creates district based

local government authorities in Tanzania. The Act provides, inter alia, the
establishment, composition, functions and legislative powers of district,
township councils and village authorities.

At the village level, the government structure is comprised of a village

assembly consisting of all persons aged 18 and above. The corporate entity of
a registered village is the village council comprising of a chairman or
chairperson elected by the village assembly. There are also village
committees covering such matters as planning, finance, economic affairs,
social services, security, forest protection, water resources etc [Sections
146-147].
The village council's functions and roles include planning and coordinating
activities, rendering assistance and advice to the villagers engaged in
agriculture, forestry, horticultural, industrial or any other activity, and to
encourage village residents to undertake and participate in communal
enterprises. Propose by-laws must be adopted by the village assembly before
being submitted to the District Council for approval [Section 169].

In addition, Section 29 of the Act provides for division of districts into wards.
As an administrative subdivision between the village and the district, the
ward reviews the proposed village council's projects in its jurisdiction and
approves them for passage up the line to the District Development
Committee.

Local Government (District) Authorities Act of 1982 as amended by Act No. 6

of 1999 establishes the Ward Development Council (hereinafter referred to as
"WDC). The WDC is comprised of a councillor representing the ward in the
District Development Council and chairpersons of all village councils within
the ward.

The WDC also includes member(s) of the district council, who ordinarily
reside in the ward; and invitees from, for instance NGOs and other civic
groups involved in the promotion of development in the ward. However, the
invitees have no right to vote in the meetings. The WDC is responsible for
developing general development plans for the ward. Further, the WDC must
manage disasters and environmental related activities within its ward.

At the district level, there is a district council composed of members elected

from each ward; members of parliament representing constituencies within
the area of the district council; three members appointed by the minister
responsible for the local government and one member representing the
constituent village councils on a rotational basis. [Section 35(1), Act Number 7
of 1982].

District Councils; through the appropriate District Development Committee

(hereinafter referred to as "the DDC") supervise the implementation of all
plans for economic, commercial, industrial and social development in their
respective areas. Also, the council approves by-laws made by the village
councils and co-ordinates plans, projects and programmes for the villages
within its area of jurisdiction.

Apart from the DDC, there are other council committees. These committees
are for finance, administration and planning; education, health and water;
and economic affairs and environment.
B: URBAN LOCAL GOVERNMENT AUTHORITIES

Local Government (Urban Authorities) Act of 1982 [Act Number 8 of 1982]

provides for the establishment, composition, functions and legislative powers
of the urban based local government authorities (urban councils) in Tanzania.
The urban council is comprised of the governing bodies for townships,
municipalities and City Council (Commission).

Composition of a town council is provided for under section 24 of Act 8 of 1982.

Township councils cannot have more than three members appointed by the
local minister of government affairs. The council is comprised of members
elected from the ward within the town and members of parliament
representing constituents within the town [Section 24(1)]. The elected
members then elect a chairman and vice-chairman for each town council.

A Municipal Council is made up of members elected from wards within the

municipality; member of the parliament representing the constituencies
within the municipality; not more than three (3) members appointed by the
minister responsible for the local government affairs from among the
residents of the municipality [Section 24(2)].

Section 8 and 25 (3) of Act No. 8 of 1982 provides for the establishment of City
Councils. City councils are composed of one member elected form each wards
within the city; the members of the Parliament representing constituencies
within the area of the city council; and not more than three (3) members
appointed from the residents of the city [section 24 (4)].

Each town council, municipal or city council has a Chairman, vice-chairman,

Mayor and a Deputy Mayor respectively [Section 20]. The chairman and
vice-chairman of a town council, and the Mayor and the Deputy Mayor of a
municipal council and a city council, are elected by members of the councils
from amongst the elected members of the urban authorities.

Section 47 of Act number 8 of 1982 provides for the establishment of the urban
authorities committees who are in charge of finance and administration;
economic affairs, health and education; and urban planning and environment.
The city council shall establish such committees as may be determined by the
minister in the order establishing it.

The objectives and functions of the urban authorities are provided for under
PART V & VI of Act number 8 of 1982. These functions include: facilitating the
maintenance of peace, order and good governance; and promoting the social
welfare and economic well-being of the local community. Urban authorities
are expected to further the social and economic development of their areas;
take the necessary measures for the suppression of crimes and protection of
public and private property; regulate and improve agriculture, trade,
commerce and industry; further and enhance health, education, and the
social, cultural and recreational life or of the people; and to eradicate
poverty and distress.

Urban authorities may, subject to the consent of the proper officers pass
applicable bylaws to their areas. [Sections 88-90 (1)] Urban authorities are
required to give public notice to the local inhabitants of the intention to
make the bylaws for comments [Section 90(1)]. After the expiration of the
notice, the draft bylaws must be submitted to the Minister for approval and
be gazetted.

It is important to note that the local governments are not replicated at the
regional level. However, regional commissioners, secretaries and officials
(who form Part of the regional administration), like the local governments,
are responsible to the Minister for Local Government and Regional
Administration. Normally, the regional authorities provide technical advice
and support and exercise supervision to the District councils. Under section 12
of the Regional Administration Act, 1997 [Act No. 19/1997], it is provided that
it shall be the duty of the Regional secretariat to facilitate the functions of
the local government authorities within the region. However, the experience
is that the regional administration can put heavy pressure on the local
authorities and veto their development plans and programmes.

MISCELLANEOUS ISSUES ON THE TOPIC:

Local Government Elections across the United Republic of Tanzania, elections

to the local government are held every five years, under the
first-past-the-post system with universal adult suffrage at 18.

On the mainland Tanzania, chairpersons and mayors are indirectly elected by

the elected members of their respective authorities. Village councils are
elected by the village assembly comprising all adults over the age of 18.

The urban and district councils are made up of the members elected from
each ward; the MPs representing the constituency, within which the urban
area is situated and women members, appointed by the National Electoral
Commission from the proposals submitted by the political parties in
proportion to the number of elected positions held on the council (including
MPs). The number of women appointed to the council is not less than
one-third of ward representatives and the MPs combined.
Included in the membership of the city councils are all the Mayors from the
urban authorities within its jurisdiction, all MPs representing constituencies
within its area, at least two women MPs resident in the city and elected from
the women in parliament, and three councillors from each urban council, one
of whom must be a woman.

Township authorities encompass the chairperson of the 'vitongoji'(suburbs)

with its area, not more than three members appointed by the district council,
and women appointed according to political proportionality to make up at
least one-third of the authority.

Village councils have between 15 and 25 members. These consist of a

chairperson elected by the village assembly, all chairpersons of the vitongoji
within its area and other members elected by the village assembly. Women
must account for 25 % of the council members. The term of office for all
councillors is five years.

Offices and appointment

The head of the paid service is the District Executive Director in the district
authorities and the Town/Municipal/City Director in the urban authorities.
Typically, below the Director there are a number of Heads of Department.

The Departments are many and may include the following: personnel and
administration; planning and finance; engineering or works; education and
culture; trade and economic affairs; urban planning; health and social
welfare; co-operative, agriculture and livestock development; and
community development.

Central government appoints the chief officers through the process of open
bidding. City council directors are appointed by the president, while
directors of town, municipal and district councils are appointed by the
Minister. The Minister also appoints the heads of departments after a
recruitment process.

The responsibility to recruit and dismiss senior officers is, at the moment,
being devolved to local governments.

Decision Making Systems of Local Government: Residents' Participation

The most important, intended links between the local government and the
residents of the given area are the vitongoji in the rural areas and the urban
Mtaa committees, which are designed to mobilise citizen participation in
local development.
Priorities for local service delivery and development projects are brought to
the Mtaa committees for discussion before being forwarded to the Ward
Development Committee (WDC). In the rural system proposals reach the WDC
via the village council.

In addition to the above, citizen participation in the local government

decision-making is encouraged by the amendments to the Local Government
(District Authorities) Act 1982, which provide for Councils to organise public
hearings for people to question political leaders and staff. Councils have also
been empowered to establish special kinds of service boards, open to all
citizens in the area and providing an opportunity to influence service
provision.

Participatory budget-making has also become a mean to increase resident

participation. It is currently enabled by the bottom-up budgeting through the
ward development committees and the democratic structures above them.

REVENUE

Local authorities can also raise revenue locally. The main sources of local
income come from:

(a) Fees including taxi registration, bus stand/station, forestry products,

valuation, scaffolding, inoculation and ambulance

(b) Licences including road, liquor

(c) Property taxes and rents

(d) Charges including for refuse collection, cess, hire of vehicles, markets

(e) Fines

(f) Others including sale of assets and recovery of public fund.

………………………………………..

Disclaimer: This instruction manual is prepared for Certificate Students at

UDSM (Main Campus) – School of Law, 2009/2010.

"Without prejudice"

©Jaba Shadrack, T.A, UDSM – School of law, 2010. jabashadrack@gmail.com