Correction of errors in statutes by the executive the Tanzania experience

Date

2006

Journal Title

Journal ISSN

Volume Title

Publisher

University of Dar es Salaam

Abstract

This study examined the practice and experience in the correction of errors in statutes by the executive in tanzania. the research was conducted through documentary reviews, surveys, and interviews the results show that the practice is a statutory power vested in the executive in the interpretation of laws acts and laws revision ordinances and acts applied in different contexts. it also established that lack of systematic drafting in “rectification orders” exercised by virtue of interpretation acts has caused different problems in respect of titles, writing styles and content. in exercising this power, the executive has in certain cases exceeded its powers and hence encroached on the legislative functions. it is further found that statutory power to correct errors in statutes is an important tool in the legislative process on account that human beings are not infallible. nevertheless, we can see that any act of disobeying the law by an organ entrusted with constitutional powers may lead to constitutional crises on the basis of the above findings it is recommended that the parliamentary draftsmen should use uniform drafting techniques by employing one style format than applying different types of styles in the orders. in addition, it is recommended that for the purpose of clarity the interpretation acts and law revision acts should clearly define basic terms in respect of correction of errors used in the acts.

Description

Available in printed form, East Africana Collection, Dr. Wilbert Chagula Library, Class mark (THS EAF KRD M566)

Keywords

Statutes, Law interpretation and construction, Tanzania

Citation

Mloka, C. J (2006) Correction of errors in statutes by the executive the Tanzania experience. Master dissertation, University of Dar es Salaam. Dar es Salaam.