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Integration of Judicial Systems: The Recent Reform of the Local Courts Appeal System of Tanganyika

Published online by Cambridge University Press:  28 July 2009

Extract

The year 1962 saw an important step towards further integration of the judicial system of Tanganyika.

Before describing what has taken place in recent months, it would perhaps be appropriate to sketch briefly the historical background of the Local Courts appeal system.

The German administration, whilst tacitly recognizing the existence of a system of customary law and procedure, in fact administered justice at District level through an officer similar to the British District Commissioner, who heard cases himself, though he was sometimes required to recognize a specific customary law. Sometimes he delegated his authority on his own initiative and in an ad hoc manner, either to leading persons such as the pre-existing Liwalis and Kadhis, or to Akidas who had been appointed by the Germans themselves. However, the actual responsibility for the administration of justice was not generally delegated nor were native courts defined or established until the advent of British administration.

Type
Research Article
Copyright
Copyright © School of Oriental and African Studies 1963

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References

page 85 note 1 5 T.L.R. 48.

page 86 note 1 Hansard, 36th Session.

page 90 note 1 Government anthropologist and adviser on African customary law.