4.3 District Local Government Authorities

Local Government (District) Authorities Act of 1982 creates district based local government authorities in Tanzania. The Act provides for, inter alia, the establishment, composition, functions and legislative powers of district, township councils and village authorities.

At the village level, the government structure is comprised of a village assembly consisting of all persons aged 18 and above. The corporate entity of a registered village is the village council comprising of a chairman or chairperson elected by the village assembly. There are also village committees covering such matters as planning, finance, economic affairs, social services, security, forest protection, water resources etc [Section 35].

The village council's functions and roles include planning and coordinating activities, rendering assistance and advice to the villagers engaged in agriculture, forestry, horticultural, industrial or any other activity, and to encourage village residents to undertake and participate in communal enterprises. Propose by-laws must be adopted by the village assembly before being submitted to the District Council for approval [Section 163]. In addition, Section 29 of the Act provides for division of districts into wards. As an administrative subdivision between the village and the district, the ward reviews the proposed village council's projects in its jurisdiction and approves them for passage up the line to the District Development Committee.

Local Government (District) Authorities Act of 1982 as amended by Act No. 6 of 1999 establishes the Ward Development Council (hereinafter referred to as "WDC). The WDC is comprised of a councilor representing the ward in the District Development Council and chairpersons of all village councils within the ward. The WDC also includes member(s) of the district council, who ordinarily reside in the ward; and invitees from, for instance NGOs and other civic groups involved in the promotion of development in the ward. However, the invitees have no right to vote in the meetings. The WDC is responsible for developing general development plans for the ward Further, the WDC must manage disasters and environmental related activities within its ward.

At the district level, there is a district council composed of members elected from each ward; members of parliament representing constituencies within the area of the district council; three members appointed by the minister responsible for the local government and one member representing the constituent village councils on a rotational basis. [Section 35, Act Number 7 of 1982].

District Councils, through the appropriate District Development Committee (hereinafter referred to as "the DDC"), supervise the implementation of all plans for economic, commercial, industrial and social development in their respective areas. Also, the council approves by-laws made by the village councils and co-ordinates plans, projects and programmes for the villages within its area of jurisdiction. Apart from the DDC, there are other council committees. These committees are for finance, administration and planning; education, health and water; and economic affairs and environment.

Local Government (District) Authorities Act, 1982 [Act No. 7 of 1982] also provides for the protection and management of the environment on the part of the district council. This may be deduced from section 111 of the Act, which promotes social welfare and economic well being of all residents within its area of jurisdiction.

Protection and management of the environment is further provided for under section 118 of Act number 7 of 1982. District councils are required to take the necessary measures to control soil erosion and desertification; to regulate the use of poisonous and noxious plants, drugs or poison; regulate and control the number of livestock; maintain forests; manage wildlife; ensure public health; provide effective solid and liquid waste management protect open spaces and parks etc. The Act also has provisions for a scheduled timetable and management of the environment.

Under section 148 (1) of the Act, the District councils are empowered to pass bylaws applicable for the whole district. The council must give public notice to the local inhabitants of the District of its intention and provide a comment period to the inhabitants before passing the bylaws. After commenting, the bylaws are submitted to the regional officer who will comment and then submit the draft bylaws to the minister of local government affairs for his approval [Sections 148-150]. Upon approval, the by-laws are gazetted and will be enforceable from the date of publication or from the commencement date specified in the bylaws.