LOCAL GOVERNMENT SYSTEM IN TANZANIA

31.7.2009

1. DECENTRALISATION IN TANZANIA The United Republic of Tanzania is made up of two formerly independent countries, Tanganyika and Zanzibar, which united in 196 to form a new nation of Tanzania! The two hal"es of the republic ha"e somewhat different e"olution and system of local go"ernment!1 The mainland Tanzania has a long history of functioning local go"ernment, starting with the #ati"e $uthorities %rdinance in 19&6!& 'n 19(& the )ocal *o"ernment was abolished and replaced with a direct central go"ernment rule, but the reintroduction of the )ocal *o"ernment occurred in the beginning of the 19+,s, when the rural councils and rural authorities were re-established! )ocal *o"ernment .lections took place in 19+/ and the establishment of functioning councils in 19+ ! 'n 199/ the one-party political system was abandoned and replaced with a multi-party system of go"ernment, the first multi-party elections were held in 1990!/ 1ollowing the liberalisation of the political field, was a ma2or public sector reform in 199(, which included a )ocal *o"ernment Reform 3rogramme 4)*R35! The )*R3 set a comprehensi"e and ambitious agenda for local go"ernment reform! The )*R3 co"ered four areas6 political decentralization, financial decentralization, administrati"e decentralization and changed central-local relations, with the mainland go"ernment ha"ing o"er-riding powers within the framework of the 7onstitution! Tanzania has been implementing an ambitious local go"ernment reform programme since the end of the 199,s! The reforms started to pick up paste in the mid-199,s! The legislations are being amended to reflect the *o"ernment8s policy of decentralisation by de"olution! 9any of the reforms effecting local self-go"ernment are being generated through national and sector-specific de"elopment strategies and programmes, and the legislati"e amendments are not always up-to-date with these reforms! The reform process is still ongoing! 0 'n addition, all reform policies ha"e to take into consideration Tanzania8s long-term de"elopment framework, which is laid down in Tanzania :e"elopment ;ision &,&0 published in 199+, and the medium-term de"elopment framework and policy, which is guided by Tanzania8s po"erty reduction strategy known as #ational <trategy for *rowth and Reduction of 3o"erty 4#<*R35 or as its =iswahili acronyms 9=U=UT$! The #<*R3 is Tanzania8s second po"erty reduction strategy, and co"ers the years &,,0>&,1,! 6

U#-?abitat &,,&, 69! %thman and )i"iga &,,&, ( 3 U#-?abitat &,,&, 69! 4 7)*1! )ocal *o"ernment <ystem in Tanzania! sine anno@ =uusi &,,9, (! 5 =uusi &,,9, ! 6 =uusi &,,9, +!
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'n the case of Zanzibar, the 196 re"olution not only abolished the 9onarchy but also did away with the separation of the legislature, the eAecuti"e and the 2udiciary, fusing all their functions into a re"olutionary council!( <ince the promulgation of ZanzibarBs first post-re"olution constitution in 19(9, Zanzibar has, howe"er, passed "arious pieces of legislation on local go"ernment! $t the moment, Zanzibar is de"eloping a programme for local go"ernment with the assistance of the United #ations!+ 2. LOCAL GOVERNMENT: POSITION AND STRUCTURE 2.1 Legal a!"! #$ l#%al g#&e'$(e$)

)ocal go"ernment is a non-Union matter! 't is nonetheless enshrined in the Union constitution as well as in the constitutions of the mainland and Zanzibar!9 C'n mainland Tanzania, the 7onstitution of the United Republic 19((, $rticles 1 0 and 1 6 state that the #ational $ssembly or the ?ouse of Representati"es must pro"ide for local go"ernment through legislation! $rticle 1 6 states that one of the ob2ecti"es of the local go"ernment is Bto enhance the democratic process within its area of 2urisdiction and to apply the democracy for facilitating the eApeditious and faster de"elopment of the peopleB!C1, 'n relation to the )ocal *o"ernment in the mainland the main legislati"e teAts are6 )ocal *o"ernment 4:istrict $uthorities5 $ct (, 19+& )ocal *o"ernment 4Urban $uthorities5 $ct +, 19+& )ocal *o"ernment 1inance $ct 9, 19+& Urban $uthorities 4Rating 5 $ct &, 19+/ Regional $dministration $ct 19, 199( )ocal *o"ernment )aws 49iscellaneous $mendments5 $ct 9, 1999 3ublic <er"ices $ct +, &,,&11

The principal local go"ernment acts ha"e been amended from 1999 as a part of the )*R3! The sector specific legislation, especially education, affecting the local go"ernment is also being amended!1& 'n Zanzibar, the rele"ant part of the 7onstitution 19+ is $rticle 1&+! The main legislation regarding local go"ernment is6 Zanzibar 9unicipal 7ouncil $ct 1990 :istrict and Town 7ouncils $ct 1990

The minister of state in the 3residentBs %ffice - Regional $dministration and )ocal *o"ernments 43%-R$)*5 is responsible for the administration of this legislation! 2.2 L#%al G#&e'$(e$) O'ga$"!a)"#$ S)'*%)*'e The *o"ernment of the United Republic of Tanzania is a unitary republic, administrati"ely di"ided into &6 regions - &1 on the mainland and fi"e in Zanzibar! Regions are di"ided
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%thman and )i"iga &,,&, (! 7)*1! )ocal *o"ernment <ystem in Tanzania, sine anno! 9 'bid! 10 'bid! 11 'bid! 12 'bid!

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into districts, which are then further sub-di"ided into di"isions! The local go"ernment is di"ided into urban and rural authorities both on the mainland and Zanzibar!1/ %n the mainland Tanzania urban authorities consist of city councils, municipal councils and town councils, whereas in the rural authorities are the district councils with township council and "illage council authorities!1 CThe district and urban councils ha"e autonomy in their geographic area! :istrict councils coordinate the acti"ities of the township authorities and "illage councils, which are accountable to the district for all re"enues recei"ed for day-to-day administration! The "illage and township councils ha"e the responsibility for formulating plans for their areas!C10 $ll together, the mainland hosts &1 urban councils, 9& rural councils and 9( district councils!16 The )ocal *o"ernment 4:istrict $uthorities5 $ct #o! ( of 19+& established the local go"ernment district authorities in rural areas, and the )ocal *o"ernment 4Urban $uthorities5 $ct #o! + of 19+& established the local go"ernment urban authorities! The district authorities include district councils, "illage councils, and township authorities, "itongo2i, and Dard :e"elopment 7ommittees! $ll of them eAcept the "itongo2i and Dard :e"elopment 7ommittees ha"e powers to make by-laws, pass annual budgets and taA according to regulations within their area of 2urisdiction! The urban authorities consist of city, municipal and town councils 4often referred to as urban councils5, and mtaas! The urban councils ha"e powers to make by-laws, pass annual budgets and taA according to regulations within their area of 2urisdiction! The areas of 2urisdiction of the urban councils are di"ided into di"isions, and the di"isions are di"ided into wards! The each ward consists of mtaas, which can be described as neighbourhood committees with elected members, but with only administrati"e functions! <ome urban councils ha"e also "illages in their area of 2urisdiction! 1( The Regional <ecretariats comprise deconcentrated arms of the central go"ernment! $lthough the <ecretariats do not operate as superior organs of state in all respects, they ha"e certain o"ersight, for eAample of local budgets, and monitoring responsibilities regarding local go"ernment authorities! The secretaries and commissioners operating at 1+ a district le"el are appointed by the 3resident of the Repuclic! %n Zanzibar urban authorities are made up of town councils and municipalities, while rural authorities comprise of district councils! 'n both locations, there is a le"el, bellow the local authorities, which ser"e as democratic bodies the local de"elopment needs! C'n the rural system, the "itongo2i, the smallest unit of a "illage, is composed of an elected chairperson who appoints a secretary and three further members all of whom ser"e on an ad"isory committee! 'n the urban areas the mtaa is the smallest unit within the ward of an urban authority! Unlike the ;itongo2is, the 9taa 7ommittees ha"e a fully elected membership comprising of a chairperson, siA members and an eAecuti"e officer!E 19

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'bid! 'bid! 15 'bid! 16 'bid! 17 =uusi &,,9, 9! 18 This section on regional and district secretariats was adapted from 7)*1, && and <teffensen et al! &,, , /1> /&! 19 7)*1! )ocal *o"ernment <ystem in Tanzania, sine anno!

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CENTRAL GOVERNANCE 9$'# )$#:-T$#Z$#'$6 3resident *o"ernment 3arliament6 #ational $ssembly REGIONAL GOVERNANCE - &6 A Regions - Regional commissioners 4R75 F Regional administrati"e secretaries 4R$<5 - :istrict commissioners 4:75 F :istrict administrati"e secretaries 4:$<5 LOCAL GOVERNANCE U' a$ a*)-#'")"e! CITIES A0 7ity 7ouncils TO0NS A6 Town councils MUNICIPALITIES A && 9unicipal councils R*'al a*)-#'")"e! DISTRICTS A 9( :istrict councils

0a'1! Dard :e"elopment 7ommittees MTAA V"llage %#*$%"l! circa 1,,,, T#2$!-"3 a*)-#'")"e! A/ VITONGO4I

CENTRAL GOVERNANCE ZANZI5AR6 3resident *o"ernment 3arliament6 ?ouse of Representati"es UR5AN AREAS Town -Town 7ouncil 9unicipality - 9unicipal council RURAL AREAS :istrict - :istrict council

2.3 L#%al G#&e'$(e$) Ele%)"#$! $cross the United Republic of Tanzania, elections to the local go"ernment are held e"ery fi"e years, under the first-past-the-post system with uni"ersal adult suffrage at 1+! The

neAt local go"ernment elections will be held in :ecember &,1, simultaneously with the presidential and national assembly elections!&, %n the mainland Tanzania, chairpersons and mayors are indirectly elected by the elected members of their respecti"e authorities! ;illage councils are elected by the "illage assembly comprising all adults o"er the age of 1+! The urban and district councils are made up of the members elected from each ward@ including the 93s representing the constituency, within which the urban area is situated and women members, appointed by the #ational .lectoral 7ommission from the proposals submitted by the political parties in proportion to the number of elected positions held on the council 4including 93s5!&1 GThe number of women appointed to the council is Hnot less than one-third of8 ward representati"es and the 93s combined!E && 'ncluded in the city councils are all the mayors from the urban authorities within its 2urisdiction, all 93s representing constituencies within its area, at least two women 93s 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 ;itongo2i 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! & ;illage councils ha"e between 10 and &0 members! These consist of a chairperson elected by the "illage assembly, all chairpersons of the "itongo2i within its area and other members elected by the "illage assembly! Domen must account for &0 I of the council members! The term of office for all councillors is fi"e years!&0 The neAt elections on the ward le"el are to be held at the end of &,,9! 2.6 S)a,, "$ L#%al G#&e'$(e$) The head of the paid ser"ice is the :istrict .Aecuti"e :irector in the district authorities and the TownJ9unicipalJ7ity :irector in the urban authorities! &6 Typically, below the :irector there are a number of ?eads of :epartment! The :epartments are many and may include the following6 personnel and administration@ planning and finance@ engineering or works@ education and culture@ trade and economic affairs@ urban planning@ health and social welfare@ co-operati"e, agriculture and li"estock de"elopment@ and community de"elopment! &( The chief officers are appointed through a process of open bidding by the central go"ernment! 7ity council directors are appointed by the president, while directors of town, municipal and district councils are appointed by the 9inister! The 9inister also appoints the heads of departments! )ocal go"ernment authorities themsel"es appoint heads of departments and other personnel! &+

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7)*1! )ocal *o"ernment <ystem in Tanzania, sine anno@ 7'$ Dorld 1act book! 7)*1! )ocal *o"ernment <ystem in Tanzania, sine anno! 'bid!! 'bid!! 'bid! 'bid! 'bid! 'bid! 'bid!

The responsibility to recruit and dismiss senior officers is, at the moment, being de"ol"ed to local go"ernments!&9 2.7 I$1e3e$1e$) S%'*)"$. 'n Tanzania, eAists a code of conduct for officials and councillors! $lso, procedures are in place to sanction against any offenders!/, 'n terms of financial matters, the 7ontroller and $uditor-*eneral is responsible for the eAternal audit of the local go"ernment accounts, under the 7ontroller and $uditor*eneral $ct!/1 3. LOCAL GOVERNMENT: PO0ERS AND RESPONSI5ILITIES 3.1 P* l"% Se'&"%e Del"&e'.

The stated basic functions of the local go"ernments are6 15 9aintenance of law, order and good go"ernance &5 3romotion of economic and social welfare of the people within their areas of 2urisdiction /5 .nsuring effecti"e and eKuitable deli"ery of Kualitati"e and Kuantitati"e ser"ices to the people within their areas of 2urisdiction/& 'n addition to the basic functions, all local go"ernments are charged with se"en other functions and duties, as follows6 1ormulation, coordination and super"ision of the implementation of all plans for economic, industrial and social de"elopment in their areas of 2urisdiction 9onitoring and controlling the performance of duties and functions of the council and its staff .nsuring the collection and proper utilization of the re"enues of the council 9aking by-laws applicable throughout their areas of 2urisdiction, and considering and impro"ing by-laws made by "illage councils within their areas of 2urisdiction .nsuring, regulating and coordinating de"elopment plans, pro2ects and programmes of "illages and township authorities within their areas of 2urisdiction Regulating and monitoring the collection and utilization of re"enue of "illage councils and township authorities <ub2ect to the laws in force, doing all such acts and things as may be done by a people8s go"ernment//

$lthough in the current legislation the abo"e functions ha"e been assigned to the local go"ernment, the distinction on the ser"ice pro"ision between the state and the local authorities is not clear! / $lso, most of the funding used for the ser"ices still comes from the central go"ernment or donors!

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'bid! U#-?abitat &,,&, (&! 7)*1! )ocal *o"ernment <ystem in Tanzania, sine anno! 'bid! 'bid! U#-?abitat &,,&, +,!

6. DECISION MA8ING SYSTEMS O+ LOCAL GOVERNMENT: RESIDENTS9 PARTICIPATION The most important, intended links between the local go"ernment and the residents of the gi"en area are the ;itongo2is in the rural areas and the urban 9taa committees, which are designed to mobilise citizen participation in local de"elopment! /0 G3riorities for local ser"ice deli"ery and de"elopment pro2ects are brought to the 9taa committees for discussion before being forwarded to the Dard :e"elopment 7ommittee 4D:75! 'n the rural system proposals reach the D:7 "ia the "illage council!E /6 'n addition to the abo"e, citizen participation in the local go"ernment decision-making is encouraged by the amendments to the )ocal *o"ernment 4:istrict $uthorities5 $ct 19+&, which pro"ide for 7ouncils to organise public hearings for people to Kuestion political leaders and staff! 7ouncils ha"e also been empowered to establish special kinds of ser"ice boards, open to all citizens in the area and pro"iding an opportunity to influence ser"ice pro"ision!/( 3articipatory budget-making has also become a mean to increase resident participation! 't is currently enabled by the bottom-up budgeting through the ward de"elopment committees and the democratic structures abo"e them!/+ 7. +INANCE 7.1 Re&e$*e The local go"ernment authorities ha"e powers to taA and set rates for le"ies, fees and charges by making by-laws prescribing them! The contents of the by-laws ha"e to be set within the limits defined by the 9inister responsible for local go"ernment in consultation with the 9inister for 1inance! The budgets prepared by the local go"ernment authorities ha"e to be submitted the 3rime 9inister8s %ffice > Regional $dministration and )ocal *o"ernment for appro"al! The share of the local go"ernment authorities8 own source re"enues of the total re"enues of the local go"ernment authorities is "ery small, only 6!( per cent in fiscal year &,,6&,,(! The local go"ernment authorities rely to a large eAtent on formula-based recurrent sector block grants in their ser"ice pro"ision in the national priority sectors! The 1999 amendments to the )ocal *o"ernment :istrict $uthorities and Urban $uthorities $cts of 19+& introduced pro"isions that recognised the duty of the central go"ernment to pro"ide sufficient resources for the district councils to eAercise powers delegated to them by central or other local go"ernment authorities! The amendments also obligated the 9inister responsible for local go"ernment to endea"our to ensure that there are a"ailable adeKuate financial and other resources for "arious sectors or aspects of local go"ernment!/9 The local go"ernment authorities8 sources of re"enue consist of6
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)ocal go"ernment authorities8 own source resource collections

7)*1! )ocal *o"ernment <ystem in Tanzania, sine anno! 'bid! 'bid! 'bid! =uusi &,,9, ,@ also &(-/,!

- 1ees including taAi registration, bus stands, forestry products, "aluation, scaffolding, inoculation and ambulance -)icences including road, liKuor -3roperty taAes and rents -7harges including for refuse collection, cess, hire of "ehicles, markets -1ines -%thers including sale of assets and reco"ery of public fund 'ntergo"ernmental transfers including6 -1ormula-based recurrent sector block grants -<ub"entions and funds 4e!g! sector basket funds5 -:e"elopment grants 4e!g! )*7:*5 )ocal borrowing
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The )ocal *o"ernment 1inance $ct #o! 9, 19+& defines the re"enue sources of local go"ernment authorities! 't differs for urban authorities, district councils, township authorities and "illage councils! The )ocal *o"ernment 1inance $ct pro"ides that the re"enue sources consist of the main categories of local go"ernment authorities8 own re"enue sources, shared taAes, central go"ernment grants, and donor funding! The $ct of 19+& has been amended se"eral times, and for eAample some of the own re"enue sources that used be pro"ided by the $ct, such as the de"elopment le"y, ha"e been abolished during years &,,/>&,, ! 'n addition to the amendments to the $ct, the re"enue sources of the local go"ernment authorities are also regulated by regulations made by the 9inister responsible for local go"ernment! 1or eAample, the 9inister can, after consultations with stakeholders, make a regulation specifying the distribution of 1 resources of re"enue among "arious le"els of local go"ernment authorities ! *enerally speaking, the re"enue base of local authorities is weak! 'n a mo"e to strengthen this, in the )ocal *o"ernment 1inance $ct of 1999, local authorities were gi"en the right to act as licensing authorities in respect of the business of commission agents, manufacturersB representati"es, brokers, tra"el agents, buying and selling motor "ehicles, import trade, regional trade, companies8 co-operati"e societies and so forth! The fees collected are to be treated as re"enue accruing from the local authorities in Kuestion! & The general ob2ecti"es of the *o"ernment of Tanzania on fiscal decentralisation are / described in the 3olicy 3aper on )ocal *o"ernment Reform, 199+ ! The *o"ernment8s ob2ecti"es include to increase the local go"ernment authorities8 own re"enue collection, to reform the intergo"ernmental grant systems to achie"e a fairer and more transparent system with enhanced efficiency and eKual access to ser"ices, and to reform the financial administration to impro"e accountability, budgeting and administrati"e capacities of the local go"ernment authorities, and coordination between central and local go"ernment budget cycles! There was limited progress made with these ob2ecti"es until &,, , when the *o"ernment of Tanzania started to implement a formula-based recurrent sector block grants system, as well as for a *eneral 3urpose *rant which includes funding for local administration eApenses!

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$bo"e information adopted from6 7)*1! )ocal *o"ernment <ystem in Tanzania, sine anno and 39%-R$)* &,,(! 41 )ocal *o"ernment 1inances $ct 19+&, <ection 9$6&, <ections 661s and (61z! 42 U#-?abitat &,,&, ( ! 43 URT 199+!

The )ocal *o"ernment 7apital :e"elopment *rant 4)*7:*5 system is the other ma2or reform initiati"e in fiscal decentralisation! 't was introduced on a nationwide basis in &,,0! The )*7:* is used for funding local go"ernment authorities8 de"elopment eApenditures! 7.2 E:3e$1")*'e 'n addition to local councils8 eAclusi"e eApenditure responsibilities such as local land use planning, sanitation, public markets, and local administration, local go"ernment authorities ha"e also concurrent eApenditure responsibilities! The concurrent eApenditure responsibilities consist of primary education, basic health ser"ices, agriculture eAtension and li"estock ser"ices, local water supply, and local public works 4for eAample road maintenance5! 1or these ser"ices, local go"ernment authorities are responsible for deli"ering the ser"ice, but the central go"ernment remains responsible for policy-setting 0 and financing the local deli"ery of the ser"ices through intergo"ernmental transfers! 'n &,,6J&,,( the aggregate eApenditure of local go"ernment was about T<hs +0+ million! #o detailed breakdown of this eApenditure is a"ailable! 6 ;. 0OMEN IN LOCAL GOVERNMENT The representation of women in local go"ernment bodies is ensured by an eAtensi"e Kuota system legislation! $s mentioned earlier in the section &!/, the number of women councillors is ensured by law! The number of women appointed to the council is Hnot les than one-third8 of ward representati"es and 93s combined! The seats pro"ided for women by the affirmati"e action ha"e augmented the number of women councillors to 916! 7urrently, one fifth of the council directors are women! ( The Kuota system is also in use on the national and regional le"el! 'n mainland Tanzania, there is also legislation in place that reKuires e"ery council to set aside a percentage of its re"enue to fund de"elopment pro2ect acti"ities initiated by women! + Tanzania has also committed to the /, percent target set by the Lei2ing 3latform of $ction and the <outhern $frican :e"elopment 7ommunity 4<$:75! 9 7. ASSOCIATION O+ LOCAL GOVERNMENT The $ssociation of )ocal $uthorities of Tanzania 4$)$T5 represents local go"ernments on the mainland of Tanzania! 't is a "oluntary organisation at the moment has a membership of 1&& urban and district councils! 'ts function is to6 pro"ide a forum for eAchanging "iews and eAperiences among members local go"ernment authorities pro"ide ad"ocacy on policy and legislati"e matters likely to affect local go"ernment authorities

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disseminate information and pro"ide eApert ad"ice make representation and proposals to go"ernment to represent local go"ernment authorities and their "iews in international forums!

The funding for the $)$T comes mainly from the membership fees!0, TANZANIA: COUNTRY +ACTS I$1e3e$1e$%e: 196 Ca3")al: :odoma 4official5, while :ar es <alaam remains the commercial capital 4population &,( million est!5 A1("$"!)'a)"&e 1"&"!"#$!: &6 regions@ $rusha, :ar es <alaam, :odoma, 'ringa, =agera, =igoma, =iliman2aro, )indi, 9anyara, 9ara, 9beya, 9orogoro, 9twara, 9wanza, 3emba #orth, 3emba <outh, 3wani, Rukwa, Ru"uma, <hinyanga, <ingida, Tabora, Tanga, Zanzibar 7entralJ<outh, Zanzibar #orth, Zanzibar UrbanJDest P#3*la)"#$: 1 , + 0/& 4&,,9 est!5 I$,a$) (#')al"). 'a)e: 69 deathsJ1,,, li"e births 4&,,9 est!5 L")e'a%.: 69, I La$g*age!: =iswahili or <wahili 4official5, =iungu2a 4name for <wahili in Zanzibar5, .nglish 4official5, $rabic 4widely spoken in Zanzibar5, many local languages Rel"g"#$!: mainland - 7hristian /,I, 9uslim /0I, indigenous beliefs /0I@ Zanzibar - more than 99I 9uslim La!) l#%al g#&e'$(e$) ele%)"#$! -el1: in &,,0! 7ouncillors are elected for a fi"e-year-term! Dard elections held neAt in &,,9! GDP: M0 ,&6 billion 4&,,+ est!5 GDP 'eal g'#2)- 'a)e: (,1I 4&,,+ est!5 GDP 3e' %a3")a: M1/,, 4&,,+ est!5 E:3#') %#((#1")"e!: gold, coffee, cashew nuts, manufactures, cotton P#3*la)"#$ 2")-#*) !*!)a"$a le a%%e!! )# a$ "(3'#&e1 2a)e' !#*'%e: /+I 4&,, est!5 Pe#3le l"&"$g *$1e' < 1=27 3e' 1a.: ++,0 I
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