Constitutional and Administrative Law

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Browsing Constitutional and Administrative Law by Subject "central-local government"

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    Legal framework of central-local government administrative relationship and its implication on the autonomy of local government authorities in Mainland Tanzania
    (Mzumbe University, 2017) Mnyasenga, Thobias Raphael
    The purpose of this study was to examine the legal framework of central-local government administrative relationship and its implication on the autonomy of Local Government Authorities (LGAs) in the exercise and discharge of their statutory powers and functions in Mainland Tanzania. The study was necessary because though the government amended the local government laws in the implementation of its local government reform programme undertaken in 1998-2014, the legal framework of central-local government administrative relationship is still unclear. The LGAs still find themselves under the influence and strong control of the central government in the exercise of their statutory powers and in carrying out their statutory functions. This called for the need to examine the implication of this relationship on the autonomy of LGAs because local government autonomy is important if LGAs are to function effectively. The study was confined to Mainland Tanzania only and adopted qualitative and cross-sectional survey to collect data using documentary review and in-depth interviews. The survey was conducted in six Councils, at the PO-RALG and at Mzumbe University. A sample of fifty five (55) respondents was involved. The data obtained was analyzed and interpreted through qualitative technique. The study found that the law on central-local government administrative relationship in Mainland Tanzania is found in different scattered pieces of legislation. The Constitution is silent and none of the legislations states with precision the central-local government administrative relationship. This weighs down the autonomy of LGAs. The study recommends that the Constitution of the United Republic of Tanzania which establishes LGAs should state with precision the relationship between the central government and LGAs. In addition, the local government legislation should be reviewed in order to come up with a comprehensive legislation that will regulate the central-local government administrative relationship in Mainland Tanzania.
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    Legal framework of central-local government administrative relationship in mainland Tanzania: A paradox of local autonomy
    (Uongozi Journal of Management and Development Dyanamics, 2015) Mnyasenga, Thobias R.; Mushi, Eleuter G.
    This article examines the implication of the present legal framework of central-local government administrative relationship on the autonomy of Local Government Authorities (LGAs) in Tanzania. The focus is on the power of LGAs over their personnel, fiscal matters and their own priorities. Both primary and secondary data were collected and analyzed for the conclusions made in this article. It is argued in the article that, despite the amendments which have been made in the constitution and in some other laws enacted by the Parliament; the current legal framework of central-local government administrative relationship is still fuzzy, centralistic and unsupportive of local government autonomy. There is no provision in the Constitution on central-local government administrative relationship from which the Parliament can proceed to enact a law to regulate such relationship. As a result, there are so many laws enacted by Parliament with loopholes that give room to the central government to frequently meddle with the autonomy of LGAs in the exercise of their powers and in carrying out their statutory functions. It is therefore recommended that the Constitution of the United Republic of Tanzania, 1977 should be amended to provide for central-local government administrative relationship and a safeguard against central government interference with local government