THE TRIPARTITE POWERS OF THE EXECUTIVE ORGAN OF STATE IN TANZANIA
Authors:
Omari Issa Ndamungu
Abstract:
In the countries which follow presidential system of government President of the country is the head of state and the head of government. Since the President is the head of state and the head of government, he/she, in almost all the countries which follow that system of government, is the head of the executive organ of the state. Being the head of the executive organ of the sate the President exercises three powers, which are the legislative powers, judicial powers and executive powers. This is the tripartite powers of the Executive organ of the state, which are exercised by the President of the country. Tanzania is the country which follows presidential system of government. This is so because in Tanzania the President is the head of state, the head of government and the commander in chief of the armed forces. The President of Tanzania is elected by direct popular votes for a five years term. After election the President of Tanzania becomes the head of the Executive and exercises executive powers. Apart from exercising executive powers, the President of Tanzania also exercises legislative powers and judicial powers. The President of Tanzania therefore has tripartite powers, which are the executive powers, legislative powers and judicial powers. This article provides a critical analysis of the tripartite powers of the Executive organ of state in Tanzania which are exercised by the President according to laws of the country. It is premised on general perception that the President of Tanzania, like in other countries which follow presidential system of government is vested with the executive powers. The analysis therefore focuses on the exercise of the executive powers. In the process, the article brings to the fore other powers of the President of Tanzania, obviously unknown to many. These are the legislative and judicial powers. The focus of the article is in Mainland Tanzania. It does not address powers of the Executive organ in Tanzania Zanzibar, the other part of Tanzania. This is so because under the framework of the Constitution of the United Republic of Tanzania of 1977, Tanzania Zanzibar has a separate Executive organ of state and distinct regime governing powers of the Executive. The main conclusion drawn from the analysis points out that despite the existence of the doctrine of separation of powers, the President of Tanzania plays part in exercise of powers in all three organs of the state.