4.4 Urban Local Government Authorities

Local Government (Urban Authorities) Act of 1982 [Act Number 8 of 1982] provides for the establishment, composition, functions and legislative powers of the urban based local government authorities (urban councils) in Tanzania. The urban council is comprised of the governing bodies for townships, municipalities and the City Council (Commission) of Dar es Salaam.

Composition of a town council is provided for under section 19 (1) of Act 8 of 1982. Township councils cannot have more than three members appointed by the local minister of government affairs. The council is comprised of members elected from the ward within the town and members of parliament representing constituents within the town. [Section 20]. The elected members then elect a chairman and vice-chairman for each town council.

A municipal council is made up of members elected from wards within the municipality; member of the parliament representing the constituencies within the municipality; not more than three (3) members appointed by the minister responsible for the local government affairs from among the residents of the municipality. [Section 20]

Section 19 (3) of Act No. 8 of 1982 provides for the establishment of City Councils. City councils are composed of one member elected form each wards within the city; the members of the Parliament representing constituencies within the area of the city council; and not more than three (3) members appointed from the residents of the city [section 20].

Each town council, municipal or city council has a chairman, vice-chairman, mayor and a deputy mayor respectively. [Section 20]. The chairman and vice-chairman of a town council, and the Mayor and the Deputy mayor of a municipal council and a city council, are elected by members of the councils from amongst the elected members of the urban authorities.

Section 42 of Act number 8 of 1982 provides for the establishment of the urban authorities committees who are in charge of finance and administration; economic affairs, health and education; and urban planning and environment. The city council shall establish such committees as may be determined by the minister in the order establishing it.

The objectives and functions of the urban authorities are provided for under section 54 of Act number 8 of 1982. These functions include: facilitating the maintenance of peace, order and good governance; and promoting the social welfare and economic well-being of the local community. Urban authorities are expected to further the social and economic development of their areas; take the necessary measures for the suppression of crimes and protection of public and private property; regulate and improve agriculture, trade, commerce and industry; further and enhance health, education, and the social, cultural and recreational life or of the people; and to eradicate poverty and distress.

Section 55 (1) provides for the general duties of the urban authorities which include: taking and requiring the taking of measures for conservation of natural resources, prevention of soil erosion and prohibition and control of cultivation; to inspect all meat, fish, vegetables and other foodstuffs and liquids intended for human consumption, and to seize and destroy the foodstuffs or liquids which are unfit for human consumption; to keep in good order and repair all public latrines, urinals, cesspits, dustbins, and other receptacles for the temporary deposit and collection of rubbish, and to provide for the removal of all refuse and filth from any public or private place; to take measures aimed at preventing injury to public health etc. These functions are also amplified in the schedule to Act number 8 of 1982.

Urban authorities may, subject to the consent of the proper officers pass applicable bylaws to their areas. [Section 80 (1)] Urban authorities are required to give public notice to the local inhabitants of the intention to make the bylaws for comments. [Section 81]. After the expiration of the notice, the draft bylaws must be submitted to the Minister for approval and gazettment.

It is important to note that the local governments are not replicated at the regional level. However, regional commissioners, secretaries and officials (who form Part of the regional administration), like the local governments, are responsible to the Minister for Local Government and Regional Administration. Normally, the regional authorities provide technical advice and support and exercise supervision to the District councils. Under section 12 of the Regional Administration Act, 1997 [Act No. 19/1997], it is provided that it shall be the duty of the Regional secretariat to facilitate the functions of the local government authorities within the region. However, the experience is that the regional administration can put heavy pressure on the local authorities and veto their development plans and programmes.