Interpretation of Statutes at Tanzania
Interpretation of Statutes in Tanzania – Overview
Tanzania follows a common law legal system influenced by British colonial heritage, customary law, and its own constitutional framework. The interpretation of statutes is guided by principles aiming to give effect to the legislature’s intent while respecting constitutional supremacy.
1. Legal Framework
The Constitution of the United Republic of Tanzania (1977) is the supreme law.
Statutes are enacted by the Parliament of Tanzania.
The Court of Appeal of Tanzania is the highest appellate court.
Courts also apply customary law and Islamic law in specific matters, especially family and land law.
Statutory interpretation must align with constitutional provisions and fundamental rights.
2. Methods of Statutory Interpretation
🔹 Literal Rule
Courts begin with the ordinary and natural meaning of the statute’s words.
If the wording is clear, it is applied as is.
🔹 Golden Rule
To avoid absurd or unjust results, courts may depart from the literal meaning if necessary.
🔹 Mischief Rule
Courts consider the problem or mischief the statute intended to remedy.
Interpretation promotes the purpose of the law.
🔹 Purposive Approach
Emphasizes the legislative intent and objectives behind the statute.
Used especially when wording is ambiguous.
🔹 Contextual Interpretation
Statutes are read in the context of other laws and constitutional principles.
Avoids conflicts within the legal system.
3. Role of Courts
The Court of Appeal and High Courts provide authoritative interpretations.
Courts balance statutory provisions with constitutional mandates.
Customary and Islamic laws are interpreted alongside statutory law, respecting pluralism.
4. Summary Table
| Interpretation Method | Description |
|---|---|
| Literal | Ordinary and plain meaning of the text |
| Golden Rule | Avoidance of absurd or unjust interpretations |
| Mischief Rule | Focus on the problem the statute addresses |
| Purposive | Emphasis on legislative intent and purpose |
| Contextual | Consideration of wider legal and constitutional context |
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