Roles of Delegated Legislation in ensuring smooth administrative functions in Tanzania

Question: Discuss the role of Delegated Legislation in ensuring smooth administrative functions in Tanzania. 1.0 Introduction This work is divided into three parts; these are introduction, theme of the work and conclusion. The introductory part deals with the definitions of Delegated Legislation and Administrative functions. The theme of the work discusses the role of Delegated Legislation in smoothing administrative functions. The final part comprises summary of the whole work. 2.0 Definitions of the Key Terms 2.1 Delegated Legislation Delegated Legislation can be referred to as a law made by an executive authority under powers given to them by primary legislation in order to implement and administer the requirements of that primary legislation. It is the law made by a person or body other than the legislature but with the legislature's authority (Shadrack, J., 2011). The simple meaning of expression Delegated Legislation may be given as “When the function of legislation is entrusted to organs other than legislature by the legislature itself, the legislation made by such organ is called Delegated Legislation.” (Mukherjea, J., 1970) Under legal basis in Tanzanian context, "The Constitution shall not prevent the Parliament from enacting laws, making provisions conferring on any person or department of the Government, power to make regulations having the force of law or conferring the force of law on any regulations made by any person, or any department of Government" (URT Constitution 1977) Delegated Legislative can be categorized as Subsidiary legislation, Subordinate legislation or Secondary legislation. 2.2 Administrative functions Administrative functions are those functions which are neither legislative nor judicial in character. It is used in carrying out an administrative program and is to be broadly construed to include any aspect of agency organization, procedure, or management. Administrative function implies a law of the State, a law of a political subdivision of the State or a rule, regulation, or bylaw of a public body, on the other side administrative function does not include an advisory function, a judicial function, a legislative function, a quasi-judicial function or a quasi-legislative function. (Benjafield and Whitmore, 1966). 3.0 Roles of delegated legislation The following are the roles of delegated legislation that helps to ensure smooth administrative function in Tanzanian context: 3.1 It allows the participation of citizens in the affairs of their government Through delegated legislation, the legislature can delegate some of its functions to the commission or any other committee for the accomplishment of a certain task hence through the commission or committee the people in the society can provide their views and contributions concerning their government which can be presented to the government for their wellbeing. For example, the review of the new constitution under Warioba committee in 2014 in which masses were asked to give out their views concerning the power of executive as well as reformation of the 1977 constitution. This is evident in the URT Constitution Act no. 34 of 1994; Article 4, (2) states that, “Every citizen has the right and freedom to participate fully in the process leading to the decision on matters affecting him, his wellbeing or nation.” This shows that the people’s participation is in terms of labor, ideas and decision-making whereas the power of running the nation is in the hands of these people hence smooth administrative function. 3.2 It enables easy amendment of laws and meets local variations The Parliament has provided power to enable other authorities to amend some of the acts, either to narrow or broaden and include or exclude people who are affected by a certain act. This helps in ensuring smooth running of administrative functions. For example, in 2015 general election NEC was given power to amend election Act of 2010 so as to include citizens who were previously not registered on voters registration book; for that matter; no doubt that delegated legislation plays a greater role in smoothing day to day administrative functions. In addition administrative functions can be used to make technical changes to the laws such as altering sanctions under a given statute or illustrations. Local authorities are given power to enact by-laws in accordance with their needs, as opposed to having one law across the board which may not suit their particular area. In other words, one can argue that delegated legislation allows law to be made by those who have the relevant expertise and knowledge. The local authority which is given a power to make delegated legislation knows better of what is best for their authority rather than the parliament. 3.3 It is useful in emergency situations That, in case of any emergency or unforeseen events such as drought, flood or war, etc., delegated legislation can be enacted to deal with emergency situation without having to wait parliament to pass a law to solve a particular situation or emergency. This helps the government to faster and secure particular emerged problems within a time frame without waiting for legislature to make decisions. For example; the earthquake incidence which occurred in Kagera region September, 2016; it could not wait for the parliament to make decisions but urgent decisions were made to secure the victims by formulating an emergency Account for fund raising so as to restore the situation. 3.4 it allows the flexibility of laws; This is because regulations, by-laws, subsidiary legislation are normally enacted to simplify the application of the main Act. Once the parliament has by statute laid down (often in some details) the principles of a new law, the executive may by means of delegated legislation work out the application of the law into further details within these principles, adapting it to fit changing circumstances and power may even be conferred to amend the statute itself by delegated legislation. For instance; The Local Governments are empowered to apply their own committee systems and administrative structures and set their own political priorities reflecting them in their plans and the budgets but within the national legal framework. Moreover, an authority like EWURA (Energy and Water Utility Regulatory Authority) has been given an authority of setting prices of fuel due to changes of market forces and fluctuations of such forces but also to avoid unnecessary delays. 3.5 It easies the technical aspect of the subject matter The parliament provides guidelines but they need to consult and delegate the authority to the professionals and technical experts with a particular field such as mining, education, water and others so as to accelerate and complete the subject matter in time with efficiency and effectiveness. As the case of TANESCO, TTCL, TRA, TCRA and EWURA, these are government entities under respective ministries that have been given the mandate to provide services and technical expertise on behalf of the administration which in turn smoothed the functions of administration. This is due to fact the United Republic of Tanzania national assembly has only four sessions whereby the majority of their time is for budgeting therefore has no enough time to discuss technical issues thereby external authorities with expertise are delegated so as to accomplish such matters. In addition, sectors like education, mining, transportation, health, and agriculture requires high technicality to help the government in running its daily responsibilities as a result smoothing the administrative function. 3.6 It provides room for discretion power Discretional classification is one of the forms of delegated legislation which gives room for the executive to bring Act into operation on fulfillment of a certain condition so as to smooth administrative functions. This is evident with the current President of The United Republic of Tanzania; Hon. Magufuli in Dec,2016 ordered the budget that could be used for independence ceremonies has to be channeled to buy desks for schools and beds for Muhimbili National Hospital; all these were done purposely to enhance smooth provision of social services to the public. Therefore, its multiple effects is to simplify the administrative functions to be into operation effectively and efficiently. 4.0 Conclusion Following various roles provided above, it is argued that; delegated legislation play a greater role as it allows flexibility in law making process. By being flexible it is able to meet changing needs of the society. The need for delegated legislation is inevitable as it helps to avoid overloading the Parliament, as delegated legislation can be amended or made without having to pass an Act through Parliament which can consume time. However, delegated legislation is required to be created in accordance with the purpose laid down in the Act. And he who delegates has the obligation to control the delegated power to ensure that they are used in accordance with the law provided. References Constitution of the United Republic of Tanzania, 1977 Organization (n.d.) Delegated Legislation in the United Kingdom. Retrieved December 30, 2016 Organization (n.d.) Legal System. Retrieved December 30, 2016 Shadrack J., (2011) Delegated Legislation in Tanzania. Retrieved December 30, 2016 Mukherjea, J. (in Chakravert I; Administrative Law 1970)