Post on 24-Apr-2023
PUBLIC ADMINISRATION IN TANZANIA
Definition of Administration
Administration is a universal concept and is also of universal
importance. According to Simon (1950), it is said to commence
immediately two people agree to co-operate to undertake a task,
for instance, to move a stone which none of them can move alone.
Also Nwosu (1985:3), noted that Administration is inevitable in
any given situation where a piece of work has to be done, and
this piece of work requires the effort of more than one person to
accomplish it. We are involved in administrative behavior when we
co-operate with other people to accomplish such objectives as
erecting a community town hall, constructing and managing
schools, churches, hospitals, vehicles, assembly plants.
Basic characteristic of administration
Administrative practice is based on some known characteristics
namely:
(i) Hierarchy: Organization form a chain of superiors ranging
from the highest ranking to the lowest – ranking manager
(ii) Unity of command: Employees receive orders from one superior
(iii) Chain of command: organizations are divided into various
but functional sections, units, departments etc.
(iv) Span of Control: Employees are given authority and
responsibility that is commensurate with their offices, which
should not be more or less.
Definition of Public Administration
Having understood the concept of administration, its
characteristics, and theories, it can be noted that when the
concept of administration is qualified with the word ‘public’ it
simply means the practice of administration in a particular
segment of the society, that of the public sector. Public
administration is therefore governmental administration and
operates in the particular sphere of government. It is the
machinery for implementing government policy. Public
administration is concerned with the study of how a country’s
administration is organized and how it functions.
Since it is the machinery for implementing government policy, it
follows that its study must lead to the study of the most
efficient ways of organizing the executive branch of government,
its institutions and its procedures. Public administration is the
machinery, as well as the integral processes through which the
government performs its functions.
Historical background of Public Administration in Tanzania (Pre-
colonial, colonial and post colonial periods)
Before independence
The practice of public administration in Tanzania can be traced
early during when people of the world started living in a family,
then the family developed to clan and here is when the clan
leaders were needed in order to administer and to supervise the
whole clan. Pre-colonial societies in Tanzania were organized
under traditional arrangements of administration. Due to the
fact the society are not static different kinds and leadership
emerged in Tanzania, these are like Age set organization for
Maasai People, Ntemiship organization for the society like Gogo,
Yao and Hehe also there were the system of Clan or Kingship
organization like Haya and Chagga. Examples of the traditional
leader were: the Nyamwezi people under chief Mirambo, the Hehe
under chief Mkwawa, Yao under Machemba, Ngoni under Chabruma,
Sambaa under Kimweri, Rumanyika of Karagwe and a series of small
kingdoms among the Chagga and the Haya people are some of such
developments recorded. It is from some of these institutions that
resistance to colonial domination, subjugation and exploitation
emerged from late 19th century to the 20th century. For instance,
in 1905-7, through the famous "Majimaji War" the people in the
Southern part of Tanzania took up arms and fought the German
rulers there. Historically, before colonization, our societies
had a known system of succession and administration arrangements.
By whatever name leader was known, whether chief, king or
spokesman, there was a system by which the successor was chosen
to undertake clear and specified roles in respective community.
In some societies the succession was hereditary; it could be son
or daughter, or one designated by the chief or king according to
criteria determined by culture of that society or tribe. In
certain societies succession was matrineal, while others
successor had to possess certain qualities such as special
abilities i.e. rainmaker, battle leader, arbitrator, etc.
Colonial period
During 19thCentury those system of leadership in Tanzania ended
due to the colonization of Africa by European. Tanganyika by then
was put under two colonies that are German (under direct rule)
and British (under indirect rule) whereby the whole country was
put under their rules. That means only one ruler after another.
This system of leadership (British system) was also adopted in
Tanganyika by then even after independence in 1961.
During colonial period traditional systems of leadership
succession and administrative arrangements were largely
maintained. However, the colonial administration did interfered
whenever they were interested to have someone succeed in order to
consolidate their system of rule. Therefore, soon after colonial
invasion, the administrative systems were re-designed to meet the
interests of colonial masters. For example, German colonial
administrative system was that of direct rule which co-opted some
indigenous leaders and their systems where necessary. During
British rule the administrative system was indirect which made
use of Jumbes and liwalis at lower level of administration
The administrative
structure was as follows:
Queen Head of State
Governor (Donald Cameroon,
Richard Turnbul & Edward
Twining)
Head of Government
Provincial/ Regional
Commissioner
Representative of Governor
in Provinces/ Regions level
District Commissioner Representative of Governor
in district level
Liwalis/ Jumbes Representative of Governor
in lower levels (local
government)
Post-colonial Era
At the time of independence in 1961 administrative systems did
inherit the British Westminster Model of Government wherein head
of state was Queen and head of government was prime minister
representing Queen of Great Britain in colonies
Despite the ‘Westminster’ model of governance which the British
commended to their former colonies, with its elements of
parliamentary supremacy, multi-party democracy and separation of
power between the legislature, the executive and the judiciary,
at independence in 1961, Tanzania, committed itself to fighting
the three identified major national enemies; namely poverty,
ignorance, and diseases (Chachage, 2003). Also, the Government
ventured on the restoration of African dignity through
nationalistic movements with a view to eliminate discriminatory
practices left by the colonialists (Kahama, et al, 1986). These
commitments portray Government’s stance to enhancing the welfare
of its citizens.
The public administration that was inherited from the colonial
rule was being transformed in order to align with the
Government’s goal.
Before and at the mid-1980s Tanzania has been undergoing major
social, economic, and political changes. Amongst others, are
privatization and contracting out, decentralized management,
greater pressure for openness, multipartism, changing models,
more intensive media scrutiny, and increased accountability
mechanisms. Also, there has been a debate on how to make the
public sector function in the best way, a debate on the role of
government, of regulatory institutions and good governance in
developing world.
1980s onward marked major changes in the social, political
and economic spheres the Tanzania is experiencing to date.
Examples of these changes are the end of the cold war,
spreading democratization, new information and communication
technologies, a shift in balance of power among the state,
the market and civil society, globalization, and changing
mores. These changes have altered the environment in which
Tanzania government is operating and enabling the public to
demand higher standards of ethics, transparency and
accountability in the public sector (UNPAN, 2008).
1990s to Date
Basing on the events in 1980s, since 1990s the government of
Tanzania has been implementing different governance reforms with
a view to promoting ethics management as a way of strengthening
democracy and efficient and effective public administration.
Amongst the reforms are:-
Public Service Reform Program (PSRP) I and II
Public Finance Management Reform Program (PFMRP),
Local Government Reform Program (LGRP),
Legal Sector Reform Program (LSRP),
Strengthening the Prevention and Combating of Corruption
Bureau, which supervises operationalization of the
Prevention and Combating of Corruption Act No. 11 of 2007
8Establishment of the Presidential Commission of Inquiry
Against Corruption (PCIAC),
Establishment of the Commission for Human Rights and Good
Governance, which supervises the operationalization of Act
No.7 of 2001 and Act No. 12 of 2003 in Tanzania Mainland and
Tanzania Zanzibar, respectively, Establishment of the Good
Governance Coordination Unit,
Establishment of the Code of Ethics and Conduct for Public
Service of 2005,
Devising of the National Anti-Corruption Strategy Action
Plan (NACSAP) I and II, and
The Enactment of the Public Leadership Code of Ethics Act
No. 13 of 1995.
As we adopted system of administration from our former colonial
masters who were German and British then public administration in
Tanzania were practices through three organs of the state in
Tanzania. Public Administration is practiced through three
pillars or organs of the state or government which are Judiciary,
Executives and Legislature.
Public Administration in Tanzania also performs various functions
in the state as follows.
The maintenance of internal order and ensure security from
the external enemies. E.g. the mechanisms used in Tanzania
are the legislations governing conduct of the people. E.g.
the constitution of the united republic of Tanzania of 1977
as amended time to time, the peril code. Other mechanisms
are PCCB for preventing and combating corruption, prisons,
police for maintaining internal security and TPDF.
To promote Justice, Human Right and good governance, public
administration ensures that the freedom of individuals in
the society is maintained. It also ensures that the
relationship of individuals, groups and the communities as
whole is maintained. E.g. the establishment for the
commission for Human Right and Good Governance [CHRGG] is to
ensure that there is good governance practices and the
protection of Human Rights.
To promote the general welfare of the society, public
administration is also responsible to ensure that the
interests of the society are well promoted for example The
National Health insurance food security { The former SGR
dealing with grain reserves and sell them later during
hunger period at least cost.
To control over foreign policy, Public Administration
functions in legislature body as the controller over foreign
policy. Public Administration in Tanzania practices it
function in term of controlling over foreign policies in
terms of declaration of war between countries e.g. Tanzania
and Malawi. Making of agreements, treaties making of
diplomatic relation help Public Administration to control
over foreign policies aimed to promote peace and harmony in
all citizen of Tanzania.
To build relation to all armed forces, Public Administration
practice function of building relations to all defenses
armed forces such as TPDF, Police so that they can protect
the country boundaries and all people living in Tanzania. So
public Administration has practice in all armed forces of
the country. So Public Administration practice its function
in executive in area of maintained of defense.
To maintain power of the state, Public Administration
maintaining sovereignty and promote International relations
between one state and another state. The Public
Administration is the link between the state and the
international community. E.g. The Ministry of Foreign
Affairs through embassy offices, Membership to UN, African
Union and other International cooperation by doing so the
public administration practice the public administration.
To provide information, the state ought to provide relevant
and timely information to its citizens as long as public
administration is concerned for example Leader are providing
information through mass media where as people are able to
achieve those information through Mass Media whereas all
people are able o achieve those information . Also
government ought to inform citizens about the government
expenditure and uses of government money. Also on the
matters concerning inflation, exchange rate and tax levels
public administration is concerned to give the adequate
information to the investors, tourists as well as the public
in general.
To promote regulatory function, The Public Administration is
required to formulate regulation on how the Institution and
groups should behave in a service provision hence is the
practice of Public Administration. Example The Public
Administrators must ensure that the other stakeholders in
serve provisions that is private sector, NGO’s, Religious
Institutions, CBO’s perform their activities according to
the law of the land. Example of Institutions established to
regulate affairs in Tanzania is TRA for tax collection,
BRELA for registration of companies, EWURA for water and
energy, TFDA for food and drugs as well as TBS for
standards.
To promote Investment, Public Administration can invest on
itself or enter into partnership with another public
enterprises or Public Private Partnership (PPP).Example
KCMC, NBC (National Bank of Commerce), Mining like Geita
Gold Mining, Shinyanga Gold Mining, Bar rick Gold Mines and
TRC( Tanzania Railway Corporation), Bugando Hospital. So
Public Administration in Tanzania promotes Investment in
Tanzania.
To promote Technical assistance, Public Administration is
responsible to provide technical assistance that is advance
and recommendations to provide firms and general public
based on research. Example Board of engineers, NBMM
(Material Management), Tanganyika law society, NMR (New
Medical Research).So Public Administration practices its
function through promotion of technical assistance.
To create conducive environment for development, Public
Administration practice its function through creating
conducive environment for development stakeholders to
contribute effective development either nationality
development or state development. For example Sound
Investment Policy, Insurance Subsides, Loan Facilities and
Harmonization of tax. So Public Administration practice its
function in create conducive environment for development.
The practice of public administration in Tanzania is facing with
some problems such as:
Political corruption has shaken the ruling party, Public
Administration facing with problem of corruption and
corruption which is mostly is political corruption which
CCM especially in the Richmond affair Prime Minister,
Edward Lowassa, was identified as one of the major
architects of the 2006 contract between the Tanzanian
government and Texas-based Richmond Development Company. It
was to provide 10MW to the national grid for $179 million,
the generators never appeared and Richmond appears to a
shell corporation. He resigned and Jakaya Kikwete, the
President, fired the entire cabinet. That show how practice
of public administration faced with challenge.
Takrima clause is a traditional hospitality clause defined
in the election act as a gift given in good faith. It has
been misused for corruption purposes and politicians invoke
it by offering; clothes, food, cash and construction
materials during campaigns in exchange for votes. There are
also widespread relations between businesses and political
interests. Illicit payments are made to government
officials in order to influence policy making. They are
made either to affect the content of the government decrees
or the votes of parliament members.
Various sectors have been affected by corruption, public
procurement. Companies give gifts in order to secure
contracts and accountability of donor funded projects
appear to be very weak. Companies involved in corrupt
practices aren't blacklisted by the tender board.
The judiciary faces major resource and capacity challenges;
poor regulatory framework, weak management and coordination
of judicial institutions and ineffective human and
administrative resources. Although the constitution
provides for judicial independence, it rarely restrains the
government in political cases. High level government
officials are rarely prosecuted for corrupt cases. In lower
courts, bribery is commonly used to speed up judicial
process
Mismanagement of natural resources, it's estimated that
revenue collected by timber from villages only a little
percentage of it go to the villages and local authorities.
Most of it is pocketed by the politicians. It has been
revealed that most of the companies involved in timber
importing and exporting have close ties with high level
politicians.
Rapid population growth, led to the environmental
pollution, deforestation, traffic congestion, diseases,
housing problems and deforestation, all these make the
practicability of public administration in Tanzania to
become difficult since the government concentrates on
solving these problems rather than development aspects,
Natural calamities, as it happened in Dar es Salaam at
Kinondoni and Vingunguti where over 30 people died, with
5,000 inhabitants of low-lying areas such as Jangwani
forced from their homes. Water pipes and other
infrastructure have also been damaged. More than TShs 3
billion promised by the government to be used to help
resettle those affected to Madale, Kinondoni area, also
more money which could be directed to different sectors
more achievement of social and economic development were
now used to reconstruct the damaged infrastructure.
Lack of clear separation of power among the three pillars
of government that is judiciary, executive and
legislature, where by executive seems mostly to interfere
the judiciary and legislature, for example the constitution
of the united republic of Tanzania as amended time to time,
it gives the mandate to the president under article 90
2(b)to dissolve the parliament when the parliament rejects
the government budget, also the judges of the high court
and justice of court of appeal are appointed by the
president under article 108(2 ) and article 109(2) of the
united republic of Tanzania constitution, that the
practices of judiciary and legislature is not free from the
influence of the appointer that is a president hence they
need to operate according to the wish of the
president(executive).
Therefore for the public administration in Tanzania to
achieve good practices of it functions some changes need to
take place like changing from theoretical democracy to
practical democracy where the majority need to have the
government of their own choice, and the politicians should
not use the ignorance of the majority Tanzanian to conquer
their minds for nonsense and unimplemented promises, also
civilians should be given civil education in order to
recognize their rights. Freedom should be given to the
commission for human rights and good governance(CHRGG) to
make and report different inquiries concerning the violation
of human rights, also the institution responsible for
fighting against corruption that is PCCB(Preventing and
combating corruption Bureau) should not be interfered by the
politicians.
Topic two: Structure and functions of the current bureaucracy in
Tanzania
Introduction
In Tanzania, one of the most dominant features of state
bureaucracy is its inherited colonial legacy, in spite of the
post colonial rehabilitation and reforms in the administrative
superstructure.
Although the recent pro-market reforms under structural
adjustment prgrammes including privatization, deregulation and
liberalization have created certain challenges to bureaucracy
especially in terms of its size and scope there has been a
minimal challenge in its inherited structural, normative and
behavioral formations.
In Tanzania bureaucracies still reflect their respective colonial
heritage, including the British traditions. To date Tanzania has
not ended the former metropolitan traditions in bureaucracy with
regard to structure, functions classification, specification
norms and attitudes.
The colonial legacy is evident inherited features of bureaucracy
such as elitism, paternalism, despotism, distrust,
centralization, secrecy, formalism, aloofness, hierarchical,
rigidity and urban bias. Regarding such inherited features in
Tanzania bureaucracies, Asmerom mention s that ‘‘the most
essential traits of the colonial bureaucracies left behind by
British still form part and parcel of the state bureaucracies in
Tanzania’’.
The reason for this contention is that:
The pre independence preparation for self government based
on colonial education and orientation
The post colonial administrative training to modernize
public services base on western
The contemporary devices of administrative reforms
The continuation of the colonial legacy resulted from the fact
that many of the post colonial ruling elites themselves were the
products of the colonial education orientation. The legacy of the
colonialism was perpetuated through the arrangement of foreign
studies programme establishment of administrative training
institutions employment of foreign experts and adaptation of
bureaucratic reforms based on western model.
THE CURRENT BUREAUCRACY IN TANZANIA AND THEIR FUNCTIONS
2.1 Key concepts
Bureaucracy
-Is a system of organization and management in which roles, tasks
and relationships among people and positions are clearly defined,
fully prescribed and controlled in accordance with formal
authority and rules.
Government
-Is an institution made up of specialized administrative
branches. It has a well-defined area. It has powers and authority
to control and direct people’s activities in that area. Example
Monarchy, Dictatorship, Republic, Federal, Tolitarian, Union,
Communist, revolutionary, Transitional governments etc.
An institution
This is an organization established to achieve specific goals. It
has recognized ways of behavior, rules and procedures to be
followed. Example Marriage is an institution in the family, Trade
Unions are institutions for workers’ collective bargaining,
Government is an institution of the state, Religions are
institutions for moral upkeep of their members likewise a school
is an institution for imparting knowledge and skills.
State
A state is an organized political community and territory in
which a government exists. The state is not natural, is a
creation of man, and it is based on power over society.
Tanzania’s government system is made up two main structures.
These are the central and local government.
2.2 THE CENTRAL GOVERNMENT
All state authority in the United Republic are exercised and
controlled by the Government of the United Republic of Tanzania
and the Revolutionary Government of Zanzibar. It is called
central because, firstly it has authority over the whole national
territory; secondly it has to be differentiated from the local
government. Each Central Government has three organs: The
Executive; Judiciary; and The Legislature that have powers over
the conduct of public affairs. In addition, Local Government
Authorities assist each central government.
2.2.1 The Executive
This is the administrative branch of the government. It makes
policy decisions. It also carries out the laws +made by the
legislative branch.
The President of the United Republic is the Head of State, the
Head of Government; and the Commander-in-Chief of the Armed
Forces.
The Executive of the United Republic comprises;
The President
The Vice-President
President of Zanzibar
The Prime Minister and
The Cabinet Ministers
The President is the Leader of the Executive of the United
Republic of Tanzania.
According to the constitution of URT the president is the top of
the Government and of the state. Having the following powers;
Head of the state the president
Presents the United Republic at home and abroad.
Signs treaties, receive ambassadors from other countries
Is a symbol of national unity
Officiates at major national ceremonies
Assents to parliamentary bills
Declare the state of emergency and war
May divide the country into regions and districts
As the Head of the Government, the President
Is the Chairman of the cabinet
Takes the last responsibility for all government plans and
decisions
Has the power to dissolve the parliament and call for
fresh elections
As the head of Public service, the President
Has prerogative mercy, thus can pardon criminals convicted
in courts, also reduce punishments
Can appoint civil workers e.g. Regional Commissioner DC,
PM, Chief of Justice, Chief of defenses force, Judge of
court of appeal and high court.
The Vice President is the principal assistant to the President in
respect of all matters in the United Republic generally and in
particular is responsible for assisting the President in:
Making a follow-up on the day-today implementation of Union
Matters;
Performing all duties assigned to him by the President;
and
Performing all duties and functions of the office of the
President when the President is out of office or out of the
country.
The Prime Minister of the United Republic is;
The Leader of Government Business in the National Assembly
Has authority over the control, supervision and execution
of the day-to-day functions and affairs of the Government
of the United Republic of Tanzania.
Also performs any matter or matters that the President
directs to be done.
The President of Zanzibar is;
A Head of the Executive for Zanzibar
Head of the Revolutionary Government of Zanzibar and
The Chairman of the Zanzibar Revolutionary Council.
The cabinet
The Cabinet, including the Prime Minister is appointed by the
President from among members of the National Assembly. The
Government executes its functions through Ministries led by
Cabinet Ministers. Each Ministry is charged with a sector
portfolio.
The Cabinet of the United Republic comprises the Executive, Union
Ministers and Attorney General. It is the principal organ for
advising the President regarding all matters concerning the
exercise of his powers and assists and advises the Presidents
over any matters, which is submitted to the Cabinet pursuant to
specific or general directions issued by the President. The
President presides over the Cabinet meetings and in the event the
President is absent, the Vice-President presides over; and if
both the President and the Vice-President are absent, the Prime
Minister presides over the meetings. Each Ministry has a sector
portfolio through Presidential Instruments.
2.2.2 Judiciary
Tanzania Court System and their Jurisdiction
The judiciary is one of three pillars of the state in Tanzania.
The others are the executive and legislature (parliament). The
main function of this organ is to interpret the law as well as to
adjudicate over disputes within the community and the country at
large. In order to perform its function properly, the courts must
be statutorily empowered by the both constitution and other
existing relevant laws of the state1. The courts are exclusively
empowered by the aforesaid legislations to deal with the
dispensation to justice.
Under the Constitution of the United Republic of Tanzania, 1977
the judiciary is not a Union Matter within the Union between former
Tanganyika and Zanzibar. Hence, each jurisdiction has its own
judicial system. Tanzania Mainland and Zanzibar only share the
Court of Appeal of Tanzania as the only unifying factor3. In
Tanzania Mainland, the judges of the High Court are appointed by
the President in consultation with the Judicial Service
Commission. In Zanzibar on the other hand, the judges of the High
Court are appointed by the President of the Revolutionary
Government of Zanzibar in consultation with the Judicial Service
Commission of Zanzibar5. About the appointment of the judges of
the Court of Appeal, the Chief Justice is appointed by the
President of the United Republic and other appeal judges are also
appointed by the same President upon the recommendations of the
Chief Justice.
Although Zanzibar has its own constitution, it is subject to the
provisions of the Union Constitution. The Zanzibar court system
exists parallel to the legal system of Mainland Tanzania and all
cases which are tried in Zanzibar, with the exception to those
involving constitutional issues and Islamic Law which have
commenced in the Kadhis Court, can be appealed against to the
Court of Appeal of Tanzania7. The Constitution of the United
Republic of Tanzania provides that the organs vested with
judicial powers are the Judiciary of the United Republic and the
Judiciary of Tanzania Zanzibar.
The Court System on Tanzania Mainland
As per the Constitution of the United Republic of Tanzania as
amended from time to time, there is the Court of Appeal which is
the Supreme Court of the land (for both Tanzania Mainland and
Tanzania Zanzibar. This court is established by the Union
Constitution of 19779 to take the place of East African Court of
Appeal after the collapse of the East African Community. Among
its functions, is to hear and determine appeals against decisions
of the High Courts and Magistrates’ Courts of Tanzania Mainland
and Zanzibar10. Although the Court of Appeal is the Highest
appellate court in Tanzania, it has no original or appellate
jurisdiction to hear and determine disputes between the
Government of the United Republic and the Government of Zanzibar
on the interpretation of the Constitution11. Such disputes, if
they occur, are to be heard and determined by a Special
Constitutional Court as established by the same Constitution12.
The Chief Justice, who is the Head of the Judiciary, is appointed
by the President of the United Republic of Tanzania.
The United Republic of Tanzania also has the High Court which is
established under the Constitution. The High Court is provided
for in Part Two of Chapter Five of the Constitution of the United
Republic14. It is the court with unlimited jurisdiction in all
matters15. Its jurisdiction is exercised in conformity with the
written laws, which are in force in Tanzania16. The High Court
also has admiralty jurisdiction to make orders, to hear and
determine claims, proceedings and other matters as conferred by
the Merchant Shipping Act, 2003. It is the superior court of
record and at the apex of the judicial system as well. It enjoys
concurrent jurisdiction with the High Court of Zanzibar under the
Constitution of the United Republic of Tanzania and laws enacted
by the Parliament of the United Republic of Tanzania.
Apart from the above stated court, there is also the Special
Constitutional Court of the United Republic of Tanzania which is
considered as an ad hoc division of the High Court dealing
specifically with constitutional cases. It is established in
accordance to the Constitution of the United Republic of
Tanzania. The sole function of the Special Constitutional Court
of the United Republic of Tanzania is to give conciliatory
decision over a matter referred to it concerning the
interpretation of the Constitution of the United Republic of
Tanzania where such interpretation or its application is in
dispute between the Government of Tanzania Mainland and the
Revolutionary Government of Zanzibar19. Any decision to be
reached by this court is considered as final and conclusive,
hence there is right of appeal to any form.
Hierarchically, apart from the remaining courts falling under the
court system of Tanzania, there are the magistrates’ courts.
These courts, subject to the provisions of any written law and to
the limits of the jurisdiction of the court, has mandatory power
to exercise jurisdiction in accordance with the laws which the
High Court is required by the established laws to exercise its
jurisdiction and with such other laws as they are enforceable in
Tanzania from time to time and its application to the proceedings
filed before it. However, the provision is made that no
magistrates’ court shall have exercised any jurisdiction or
powers that are by any such law conferred exclusively on the High
Court as such or on a court of record. Again, the judiciary is
organized under Magistrates’ Court Act, 1984. Primary courts in
each of 25 administrative regions; jurisdiction of primary courts
include all civil suits related to customary and Islamic law and
all civil and Christian matrimonial suits. Next levels of courts
are District Courts, then the Resident Magistrates’ Court.
Apart from sharing the Court of Appeal of the United Republic of
Tanzania with Mainland Tanzania, Zanzibar has a distinct and
independent court system is well elaborated under the
Constitution of Zanzibar, 1984 with the Constitution, the
Zanzibar High Court is the Supreme Court over all subordinate
courts established by the Constitution and other written laws of
Zanzibar. Despite that the final court of appeal for Zanzibar is
the Court of Appeal of Tanzania; the Constitution of the United
Republic of Tanzania makes clear that the High Court of Zanzibar
is not a Union Matter. As well, the said Constitution of Tanzania
expressly reserves the continuance of the High Court of Zanzibar
institutions with their jurisdiction. The Article provides
further that without prejudice the Constitution of the United
Republic of Tanzania or any other law enacted by the Parliament,
that is applicable in Mainland Tanzania and Tanzania Zanzibar,
the High Court of Zanzibar may have jurisdiction concurrent to
that of the High Court of Tanzania.
The Court System on Tanzania Zanzibar
The court system in Zanzibar as per the 1984 Zanzibar
Constitution is made up of four distinct courts. These are the
High Court of Zanzibar, Regional Courts, District Courts, Primary
Courts and Kadhi’s Court. Another important institution in the
judiciary is the Juvenile Court, which is attached to the
Regional Court.
The High Court of Zanzibar is specifically enumerated under
section 93(1) of the Zanzibar Constitution. It is a court of
record with jurisdiction on all matters, both criminal and civil
and other matters which might be trusted to it under the Zanzibar
Constitution or any other applicable laws. This court is obliged
to be handled by the Chief Justice of Zanzibar and other judges
whose number must not be less than two. The Chief Justice being
the Head of the judiciary is a Presidential appointee from
amongst judges of the High Court after the consultation with the
Judicial Service Commission. Other judges of the High Court are
appointed by the President on the recommendations of the Judicial
Service Commission. At the moment, the High Court is served by
the Chief Justice and only four judges. Among the four judges,
only two of them are considered to be of permanent terms. The
other two can be said to be serving on contractual basis. Under
the contemporary situations, no one can dare say that the High
Court of Zanzibar is properly constituted. Frankly speaking,
judges serving on contractual basis cannot be said to be free and
independent to administer justice in accordance with the law.
From this respect, it is true to say that these judges have no
security of tenure and their very existence as judicial officers
is entirely dependent on the whims of the appointing authority –
who can terminate the said contracts or refuse to renew the same
at will. It is obvious that the masses cannot expect justice from
them more particularly on the issues pertaining to the violation
of the basic rights and fundamental freedoms in such a situation.
There is also the Regional Magistrates Court, which is
established under the Magistrates Court Act, 198526. In
accordance with this Act, each of the five regions in both Unguja
and Pemba islands is required to have a Regional Court. The
Regional Court is normally presided over by a regional magistrate
who is in law supposed to be a degree holder from any recognized
University. Having discussed about the Regional Court, there is
also the District Court, which is established under the same
Magistrate Court Act of 198528. As per this applicable law, each
district found in both Pemba and Unguja is supposed to have a
District Court, though unfortunately; the situation has so far
never been so to date. This court also exercises appellate and
revisionary powers over Primary Court immediately below it.
Hierarchically, below the District Court; there is the Primary
Court. Again, the Primary Courts are also established by the
Magistrate Court Act, 198529.
Normally, there is supposed to be one Primary Court in each
district found in Unguja and Pemba isles. The Juvenile Court is
also another court which is not actually a separate court as such
but annexed to the Regional Court. It is given Regional Court
status specifically dealing with juveniles. It is composed of a
regional magistrate and two lay members of the public, one of
whom should be a female. In protecting the juvenile’s interest
involved, it is provided by the law that the court must meet in
camera. Another important court as per the existing court system
is that of Kadhi’s Court. This court is declared to be a
significant institution, taking into account that more than
ninety five percent of all inhabitants on the islands are
Muslims.
The Kadhis Court is established under the Kadhis Court Act,
198530. The jurisdiction of this Court is limited and restricted
to determination of matters of Muslim law pertaining to personal
status, marriage, divorce or inheritance; in proceedings where
all parties to the issue in hand profess the Muslim religion. The
Act provides for the establishment of Kadhi’s Court in each
district of Zanzibar. Usually, appeals from this Section 6 of the
Act, court directly go to the Chief Kadhis Court which lacks
jurisdiction but acts as an appellate court for the decisions of
the Kadhis Court. Again, all appeals from the Chief Kadhis Court
are directly filed at the High Court of Zanzibar which is the
highest judicial institution of appeal in as far as issues
handled by the Kadhis Courts are concerned The Court of Appeal of
Tanzania is exclusively restricted from entertaining matters
relating to Kadhis Courts. There is conflict between the Zanzibar
Constitution and the Constitution of the United Republic of
Tanzania on the jurisdiction of the Court of Appeal. In
accordance to the Appellate Jurisdiction Act, 1979 (Cap. 141),
the Court of Appeal has powers to hear appeals on all matters
originating from both parts of the Union. However, under the
Zanzibar Constitution, the provision is made restricting the
Court of Appeal to hear and determine Islamic matters emanating
only from Kadhis Courts and issues relating to interpretation of
the Zanzibar Constitution35. This shows that the provisions of
the Zanzibar Constitution prevail over the Appellate Jurisdiction
Act, 1979 because of the provisions of Article 117(4) of the
Constitution of the United Republic of Tanzania which states:
‘117(4) The National Assembly or the House of Representatives of
Zanzibar may enact legislation in pursuance of the provisions of
this Constitution prescribing the procedures for lodging appeals
in the Court of Appeal, the circumstances and grounds for lodging
appeals and the manner in which those appeals should be dealt
with’
The decision of the High Court in cases originating from Kadhis
Court is said to be final and conclusive and not be taken to the
Court of Appeal of Tanzania. This position is well enumerated by
Section 99(2) (b) of the Zanzibar Constitution. It is interesting
to note that a question was raised as to whether the Zanzibar
Constitution can limit or cut down the jurisdiction of the Court
of Appeal included as a Union Matter as shown in the First Schedule
of the Constitution of the United Republic of Tanzania. This was
clearly observed in a remarkable case of Mohamed Rafik Ishaq &
Another v. Anwar Hussein Jaffer & 2 Others. In this case the appellants,
Mohammed Rafik Ishaq Ayoub and Khatoon Ishaq Ayoub, are brother
and sister. They appealed against the decision of the High Court
of Zanzibar, seeking for dismissal of the respondent’s prayers
who sought a declaration that the house in dispute was bought by
his late father and hence formed part of the estate, and two, the
CCM. Branch of Mwembeladu, who were in occupation, be ordered to
release the house into the estate of late Hussein so that it be
distributed to their heirs.
The Court of Appeal, after quoting Section 92 (2) (b) of the
Constitution and Section 10 of the Kadhis Act, 1985 prohibiting
appeals on Islamic matters to the Court of Appeals, stated that:
‘It is clear that this Court has no jurisdiction to hear appeals
emanating from Kadhi’s Courts ‘on matters of Islamic Law’ or just
‘Islamic matters’ as the Constitution of Zanzibar provides for’
However, the Court of Appeal went on hearing and determining that
appeal arguing that the question of who owns what does not fall
within the ambits of Section 6(1) of the Kadhi’s Court Act, 1985.
That provision states that:
‘A Kadhi’s Court shall have and exercise jurisdiction in the
determination of a question of Muslim Law relating to personal
status, marriage, divorce or inheritance in proceedings in which
all the parties profess the Muslim religion’
This perhaps a genuine case that calls for interference from the
Court of Appeal. However, it is obvious that the highest Court of
the land will not be content with the provision limiting its
otherwise limitless authority over other judicial bodies be it
Kadhi’s Courts or Electoral Commissions36. In addition, it is not
clear why the Constitution has ousted the jurisdiction of the
Court of Appeal on matters of Islamic law, but is presumed that
the strong Islamic influence of the community may have
contributed to such decision. By the express exclusion from the
Court of Appeal of the powers to interpret the Zanzibar
Constitution, it is implicit that this function is within the
province of the High Court of Zanzibar, although no where
mentioned, either in the Constitution itself or under the High
Court Act, No. 3 of 1985 is this power specifically provided for.
It is also not clear as to what will happen where in any
proceeding before any court of law a question arises as to the
effect of any provision of the Constitution. It is, therefore,
suggested that the Constitution be amended to give original
jurisdiction to the High Court to the exclusion of other existing
courts as to any question pertaining to the interpretation or
application of any provision of the Constitution.
The Court Structure in Tanzania (Mainland)
Court of Appeal
High Court
Resident Magistrate Court/ District Court
Primary Court
The Court Structure in Tanzania (Zanzibar)
The High Court of Zanzibar
Regional Magistrates Court
District Magistrate Court
Primary Court
There is also Kadhis’ Courts. These are established under the
Kadhis’ Court Act, 1987. Its jurisdiction is restricted to the
determination of questions of Muslim Law. All parties to the case
must profess the muslim faith. Kadhis’ Court is established in
every district in Zanzibar. Appeals from Kadhis’ Court go the
Chief Kadhis’ Court. Again, appeals from Chief Kadhis’ Court go
to the High Court presided by the High Court judge with the help
of three Sheikhs who are knowledgeable with Islamic law.
Legislature (The Parliament)
Legislature is the law making branch of the government. It is
often called the Parliament when its Members meet with the
President. When the members meet alone it is called the National
Assembly.
The Parliament of the United Republic of Tanzania consists two
parts, i.e. the President and the National Assembly.
The President exercises authority vested in him by the
constitution to assent the law a necessary aspect in the
completion of the enactment process.
The National Assembly is the principal organ of the United
Republic and has authority on behalf of the people to oversee and
advise the Government of the United Republic and all its organs
in the discharge of their respective responsibilities.
The National Assembly consists of four categories of Members of
Parliament, namely:
members elected directly to represent constituencies;
members elected by the House of Representatives(baraza la
wawakilishi) from among its members;
the Attorney General;
members nominated by the President; and women members being
not less than fifteen percent of the members of all other
categories on the basis of proportional representation
among those parties in the Parliament.
The Parliament is headed by the Speaker who is assisted by the
Deputy Speaker and the Clerk to the National Assembly as Head of
the Secretariat of the National Assembly. For better discharge of
its functions the National Assembly has various Standing
Committees.
The National Assembly Administration
The Administration of the National Assembly consists of two types
of leaders:- Leaders for Parliamentary Sessions and Leaders for 2
Camps of Members of Parliament. The Parliamentary Sessions
leaders are the Speaker, Deputy Speaker, 2 Chairpersons and the
Clerk to the National Assembly.
The Leaders for the Camps of the Members of Parliament are:- (a)
the Leader of Government Business in the National Assembly(prime
minister), assisted by the Chief Government Whip(lukuvi); and (b)
the Leader of Opposition in the National Assembly(F.Mbowe),
assisted by the Chief Opposition Whip(Mnyaa). The National
Assembly is presided over by the Speaker of the National Assembly
who is assisted by the Deputy Speaker and two Chairpersons.
LOCAL GOVERNMENT
Besides the Union and the State Government, the third tier of
governance in India is local government. Local government has
been described as the local self-government; i.e.; public
governance of the locality by the representative elected by the
eligible and registered voters living within the territorial
boundaries of a village, a town or a city. Local governments have
existed in India since the ancient times. However, the foundation
of the local government, existing at present, were laid in the
second half of the 19th century by the British Government.
15.2: CHARACTERISTICS OF LOCAL GOVERNMENT
The significant characteristics of Local government are as
follows:
1) Engaged in solving the problems of the local people, in a
village, town or city.
2) Created by the laws of State Legislatures.
3) Required to function as per the provisions of the law.
4) Enjoys autonomy and has independence in decision making as the
State governments do not interfere in the local government’s day-
to-day administration.
5) Affairs are managed by the representatives elected by the
people in the area.
15.3 : IMPORTANCE OF LOCAL GOVERNMENT
Local governments play an important role in democracy. Their
effective functioning delivers good governance at the local
level.
1. Proximity:
They are close to the people. People can have easy access to
local governments. They are the most convenient body to meet
people’s local needs and to solve their immediate problems.
TOPIC 3: PUBLIC PLANNING AND ADMINISTRATION OF
MONEY: ANALYSIS OF PLANINING AND BUDGETIING
PROCESS IN TANZANIA.
This part of reflection spells out the specific instructions to
be taken into consideration by various actors, in particular
bureaucrats, politicians, Accounting Officers and Budget
Committees of respective institutions in the preparation,
execution and monitoring and evaluation of plans and budgets. It
also emphasizes on the adherence to the directives provided in
the planning and financial frameworks including Public Finance
Act 2001, Public Procurement Act, CAP 410 and related annual
implementation Circulars.
Roles of public officials in Planning and Execution of public
money.
Political leaders, bureaucrats, accounting Officers and budget
committee in different institutions in the country have the role
of providing leadership in the whole process of preparing plans
and budgets. In this regard, the public officials are obliged to
oversee the implementation of the planned activities as well as
monitoring and evaluation of the desired output and impact. Their
specific responsibilities are as follows:-
(i) To ensure that results-based plans and budgets are prepared
in conformity with national planning frameworks (TDV 2025, FYDP
I, MDGs, MKUKUTA II, sector specific policies and 2010-2015 CCM
Election Manifesto);
(ii) To build and strengthen the capacity of Budget Committees in
the implementation of plans and budgets;
(iii) To provide clear guidance on policy priorities to be
incorporated in institutional plans and budgets;
(iv) To ensure that monitoring, evaluation and performance
reporting are conducted on regular basis as a tool for enforcing
accountability and control including monitoring institution’s
plans and budget;
(v) To facilitate Institutions, Agencies and Independent
Departments under their jurisdiction to prepare their respective
MTEF;
(vi) To ensure that institutional budgets are properly classified
and coded in conformity with government finance seculars (GFS)
(vii) To ensure payroll integrity and Public Expenditure budget
control;
(viii) To ensure all reforms under their jurisdiction are
financed and implemented as planned;
(ix) To supervise Government Agencies, regulatory and profit
making institutions to become efficient, generate surplus and
contribute to the government coffers as appropriate;
(x) To enhance institutional capacity of MDAs, RSs and LGAs in
the delivery of public services;
(xi) To ensure that proposals for strategic projects both new and
ongoing ones are submitted for scrutinisation and approval in
line with guidelines to be issued by PO-PC;
(xii) To ensure that during budget preparation, all priority
ongoing projects are budgeted for, including outstanding claims
from service providers;
(xiii) To ensure all suppliers of goods and services are paid
promptly in order to avoid unnecessary accumulation of arrears;
and
(xiv) To ensure financial discipline and operate within the
limits of approved budget.
Budgeting process
The Government Budget is an important tool for implementation of
policy decisions to achieve social, economic and political
objectives. Essentially it involves the determination of
resources and their use for attainment of government objectives.
Budget serves as a tool for economic and financial
management as well as accountability
It also serves as a mechanism for allocating resources among
different needs and priorities as well as bringing economic
stability and growth
THE LAWS AND REGULATIONS GOVERNING THE BUDGET
There is a body of laws, regulations and administrative
procedures which govern the budget system.
They regulate format, timing and procedures as well as the
allocation of formal powers and rights in the budget cycle or
process. The Constitution of United Republic of Tanzania of 1977
Chapter 7: Articles 135 – 144 of the Constitution outlines the
provisions regarding the finances of United Republic of Tanzania.
It indicates who has the mandate to prepare the budget and submit
it to the Parliament, type of revenue receipts, accounts and
authorization of payments.
The Public Finance Act, 2001(as amended in year 2004) It is a
legal instrument which provides the legal framework for the
budget system with regard to revenue, expenditure control and
accountability. The Annual Finance Act (AFA) The AFA empowers the
Minister for Finance and Economic Affairs to raise money by
imposing taxes, levies, fees and charges to mobilize funds to
finance the budget. The Annual Appropriation Act (AAA).The AAA
empowers the Minister for Finance and Economic Affairs to draw
money from the Consolidated Fund and allocate it to various
votes.
It also provides powers for reallocation of funds between votes.
The Public Procurement Act, 2004. This Act and its corresponding
Regulations. Provide the legal framework for the procurement of
goods and services using public funds. This Act replaced the
former Public Procurement Act, 2001. Local Government Finance Act
No. 9 of 1982 (As amended by Mi
scellaneous Act No. 6 of 1999) It stipulates the requirements and
procedures to be followed by LGAs in preparing annual estimates
of revenues and expenditures.
The Pay Master General’s Circulars. The Pay Master General (PMG)
issues circulars from time to time including the budget
implementation circular. It prescribes directives to be followed
by the Accounting Officers in the accounting and control of
government revenues and expenditures during the financial year.
THE BUDGET PROCESS
The budget process involves a number of ongoing activities in a
circle throughout the year.
It starts with macro-economic policies and objectives, setting
revenues and expenditure ceilings, approval and its execution.
The following are important steps in the preparation of the
budget.
STAGES IN THE BUDGET PROCESS
1. Formulation of Budget Policy and Resource Projections
The budget process begins with formulation of budget policy
objectives, priorities and resource projections based on
macroeconomic performance review.
The macroeconomic review is facilitated by the Budget Guidelines
Committee (BGC), which is charged with the responsibility of
preparing annual Budget Guidelines.
This committee is composed of officers from the Ministries of
Finance and Economic Affairs, President’s Office -Planning
Commission (PO-PC), Prime Minister’s Office - Regional
Administration and Local Government (PMO-RALG) and President’s
Office - Public Service Management (PO-PSM).
Review of macro-economic performance. This review of
macroeconomic performance starts with an assessment on
performance of the previous budget assumptions and targets to
determine the level of achievement.
Other variables, which are reviewed, include economic growth rate
(GDP and GNP), inflation and government finance.
Setting of Macroeconomic Policy Targets Based on the
macroeconomic and other developments as indicated in the economic
performance review, the overall framework for the future is then
formulated.
The framework generally covers the following: -
(i) Projected economic growth (GDP)
(ii) Level of inflation
(ii) External sector performance
(iv) Sector Performance –i.e. PRS Sectors
(v) Budget Frame
(vi) Financing
Once the macro-policy performance review and resource projections
are completed, the Government then sets objectives and budget
priorities to be achieved in the annual and next two years of the
Medium Expenditure Framework (MTEF). In setting the priorities,
Ministries, Department and Agencies (MDAs)/Regional Secretariats
(RSs)/Local Government Authorities (LGAs) are asked to fill in
the Strategic Budgetary System (SBAS) and text elaboration of the
requests.
This is an ideal time for stakeholders to be involved in the
process as for LGA`s they start from Ward meetings (O and OD).The
PER process and Annual Review is also another avenue for DPs,
members from Academic Institution, Political Parties, CSO`s,
CBO`s participation in the budget process.
Distribution of resources
The first charge to be considered in the allocation of resources
is the Consolidated Fund Service (CFS). The second consideration
is outlays of meeting current expenses for MDAs, RSs & LGAs.
These are meant for payment of Personal Emoluments (PE) and Other
Charges (OC).
Personal Emolments covers salaries and wages of Government
employees while OC are outlays for financing goods and services
needed for government operations. The other important area is
the Development budget for projects and programmes highly
supported by Development Partners (DPs).
Issuance of the Budget Guidelines
The Budget Guidelines are submitted to Inter-Ministerial
Technical Committee (IMTC) and Cabinet for discussion/approval
and of recently to Parliament (January House) for
discussion/approval before they are distributed to spending
agencies.
Revenue & Expenditure Estimates
Preparation
Budget estimates preparation consists of estimates of revenue,
recurrent and development expenditures by Ministries, Departments
and Agencies (MDAs) as well as Regions and Local Governments.
It involves linking institutional strategic plans and the
budget (i.e. recurrent expenditure and development projects)
and the MTEF.
Essentially, this process is about linking institutional
objectives, departmental targets and activities and
identifying inputs and their prices and costing them for
each year of the MTEF period.
Institutional Budget Committees are responsible for carrying
out all these activities.
Finalization of Budget Formulation
Final phases of budget preparation includes scrutiny of
estimates, Government/DPs
Consultations, submission of estimates to Inter-Ministerial
Technical Committee (IMTC) and submission of the Budget Cabinet
Paper to the Cabinet for approval of proposed Budget frame for
revenue and expenditure.
Government/DPs consultations facilitate the budget process by
confirming DPs financial commitments in the coming annual budget
and MTEF period.
Budget Authorization by Parliament
The process of obtaining Parliamentary authorization starts with
discussions by Sectoral Parliamentary Committees.
After the sector committees of the Parliament have reviewed the
Estimates, the Budget Proposals are tabled to the Parliament for
debate and authorization.
3. Budget Execution
It is at this stage that actual revenue collections and service
delivery takes place.
Execution of the budget therefore is about the collection and
accounting for revenue, provision of services through the
recurrent budget and implementation of development projects.
Collection and accounting for revenue collections by Tanzania
Revenue Authority (TRA) and other ministry department and
agencies (MDAs.).
Accounting Officers are appointed as receivers of revenue and
also accountable for expenditure in their respective votes.
Maintenance of proper Accounts for control and
Accountability.
Reporting on budget performance (both financial and
physical) and evaluation.
Project inspection/expenditure tracking is undertaken at
different levels, from central ministries like MoFEA, PO-PC,
PMO-RALG to Sector/MDAs level.
4. Monitoring, Control and Evaluation
Mechanisms for control and monitoring are essentially: -
• Periodic reporting and follow-up. Specific formats have been
issued for budget monitoring and follow-up in the PBG.
• Internal Audits
• External Audits
• Parliamentary control- Public Accounts Committee (PAC), Local
Authorities Accounts Committee (LAAC)
• Budget Reviews and Adjustments
• Public Expenditure Tracking and Physical Project inspection
• Evaluation
The Government Budget Cycle
July 1 Beginning of Fiscal Year 2015/2016
Sep Ministry of Finance and Economic Affairs, The President’s
Office-Planning Commission, PMO-RALG and PO-PSM start planning
for FY 2015/16
Nov-Jan Government budget frame is approved by IMTC, The Cabinet
and PBG tabled in Parliament
Jan-Feb Government budget guidelines are distributed to MDA’S,
RSs and LGAs Feb-Mar MDA’s, RSs, and LGAs budget preparation
April-May Budgets are submitted to MoFEA for scrutinization and
thereafter data entry and submitted to PSCs
June Parliament approves government budget
July 1 Beginning of Fiscal Year 2015 and Budget execution for
fiscal year 2015/16
July 1-June 30 Budget plans are executed: revenues are collected,
grants are disbursed and expenditures are made
July 1- June 30 Monthly and quarterly financial reports are
produced
July 1 Beginning of Fiscal Year T+1 and financial auditing for
fiscal year T- 1Challenges on budget process
How to determine the resources and their use for the purpose of
attaining the desired goals. The resources are local or foreign
fund.
How to harmonize and assess the achievement in linking the
National Strategy for Growth and Reduction of Poverty-NSGRP,
Strategic Plans-SPs and MTEFs.
Challenges on budget process
How to improve the preparation of PE estimate in Central
government, Local government and parastatals.
How to improve prioritization of projects, programmes and
activities by MDAs, RS and LGAs.
Non-timely submission of reports for decision making.
Budgeting deficiencies and setting of priorities-MDAs do not
set their priority right
Non-tax revenue collections- most of MDAs, RSs and LGAs
under-estimate the expected revenues to be collected and
sometimes do not expose the actual collections.
Not adhering to ceiling-some MDAs, RSs and LGAs propose
special requests which exceeds the budget ceiling, and
sometimes, special request include the basic functions of
the institutions that might be funded within the ceiling,
this reveal that budget request are not realistic
How to capture and manage the LGAs own source-what if the
LGAs especially do not disclose their own source of
revenues?
Budget reallocation-Issue of budget reallocation is still a
problem as may cause divergence from the original budget.
Way forward
Tax and non-tax revenue collections must be disclosed and
boosted.
The process of prioritization must be done accordingly by
scaling down the targets and activities.
MDAs, RSs and LGAs must adhere to the set ceiling after
resources envelope has been determined.
Avoid divergence from original budget
Fulfillment of Donor commitment according to Joint Assistant
Strategy of Tanzania (JAST)
Accounting Officers must be accountable and very responsible
to public funds.
CONCLUSION
The government budget is indeed a key and strategic tool that is
used to provide services to the public. The processes and
activities involved in budget management require attention of all
stakeholders to ensure efficiency, accountability and
transparency.
The budget reforms are necessary for addressing some of the
concerns in budget management at both the Central government
level and the Local government level. More concerted efforts are
needed to enhance efficiency and effectiveness in the use of
resources.