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Historical Background

 

BACK GRAUND OF THE JUDIACARY ZANZIBAR

 HISTORY

The Zanzibar Court System briefly can be recount from 1964. Soon after the 1964 revolution, the Zanzibar Government abolished the former Court System which was two tier high court i.e His Highness and Her Majesty High Court. His Highness was for the subject of Sultan while her Majesty Court dealt with British subjects.

The  two tier Higher Court systems were abolished and a single uniform High court was established for all subjects which is now called the High Court of Zanzibar.

There was also abolishment of Subordinate Courts and the new Subordinate Courts were established which was called People Court Of Zanzibar ( Mahakama za Wananchi). However, the People Court existed till 1985 when abolished and in its place the present subordinate Courts were established under the Magistrate Courts Act 1985.

STRUCTURE

The Judiciary system  of Zanzibar comprises with High Court and Subordinate Courts include Kadhis Court. The High Court is the top most court in the hierarchy and it is established under Article 93(1) of the constitution of Zanzibar of 1984 as amended.

The Industrial Court is the Division of the High Court. It is established under section 80(1) of the Labour Relations Act No. 1 of 2005. Industrial Court has jurisdiction to hear and to determine labour disputes as reinforced to act establishing it.

Subordinate Court are established by the kadhis court Act No. 03 of 1985 and Magistrate court Act No. 06 of 1985.

The kadhis court Act No.3 of 1985, this comprise District kadhis are the court of first instance and the Appellate  kadhis court  which is an appellate court The Magistrate court Act No. 06 of 1985 established Primary Magistrate court , District Magistrate  court and Regional court while Children Act No. 6 of 2011 establish Children court which is presided by the Regional Magistrate

ROLE OF JUDICIAL OF ZANZIBAR

The role of the Judiciary is the interpretation of laws, adjudication of cases and administration and dispensation of justice in accordance with the country‚Äôs laws.  The Judiciary is the only organ vested with authority to decide in civil as well as criminal cases.