Principles underlying subsidiary legisla1 ion by local government in Tanzania: theory and practice: case study of Mwanza region

The present study is a field research that was conducted in Mwanza region the study is about subsidiary legislation in tanzania with particular reference to powers of local authorities to make by-laws. in particular, the study deals with the procedure for making by-laws. this research was prompted by complaints and cases filed by inhabitants against local authorities in Mwanza region. indeed, this is the reason for choosing Mwanza as a case study. the gist of such complaints was that the authorities abuse their powers to make by-laws by not following the procedure laid down by the law. the work, therefore, examines the relevant provisions of the law with a view of finding whether it is the weakness of the law that causes the complaints or failure by the authorities to comply with the law that results into such complaints in order to come out with genuine findings, the present researcher examines the provisions of the relevant laws, namely, local government (district authorities) act, 1982 and local government (urban authorities) act, 1982. in addition, the study contains findings from field research showing that, although the law in tanzania is inadequate, as far as subsidiary legislation is concerned, the authorities also do not adhere to the procedure laid down in the statute. on the basis of the research, the present researcher recommends that s. 150 of the local government (district authorities) act, 1982 and s. 81 (5) of the local government (urban authorities) act, 1982 be amended in order to meet the requirements of good subsidiary legislation. it is also recommended that the central government should exercise its powers of control over the authorities to avoid violation of the existing law.