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COMPENSATION FOR PERSONAL AND FATAL ACCIDENTS

law , tort
INTRODUCTION

Personal injuries as referred to section 2 of the Law Reform (Fatal Accident and Miscellaneous Provision) Act[1] include any disease and any impairment of a person’s physical or mental condition and the expression injured shall be construed accordingly. By legal definition is an injury to your body, mind or emotions it’s not an injury to physical property physical injuries cover harm such as broken bones, bruises or any serious injury sustained in an accident it also include the emotion and psychological injury you experienced as a result of trauma sustained through a humiliating or life threatening experience.
A personal injury case arises as the result of someone negligence, if you are a victim of an accidental personal injury caused through the fault of another, that individual or business is legally responsible to pay damages and or compensation[2].
                                               
Example of personal injuries cases include car accident, accident in work places medical malpractice, employer termination, defamation, assaults, battery 
Compensation for personal injuries
The amount of money that you are entitled to in a personal injuries claim depends on several factors, this may include the type of accident, the nature of your injuries and whether it affect your ability to work. To determine what you claim is worth, you may become informed as to type of damages that you can be compensated; this may include medical care and relate expense, permanent physical disability and loss of family, emotional or psychological damages, damaged property involved in the accident. Example of the cases which show how a person can be compensated in case of injury.



REHANA V. AHMEDABAD MUNICIPAL TRANSPORTATION TRASPPORT SERVICE[3].
the plaintiff who has been injured in an accident was a girl of 16 years of age, the accident was a resulting in permanent incapacity in the form of limp in one of her leg, she was awarded Rs 10,000 under the head personal suffering due to incapacity, a part from that amount spent for medical expense and compensation for the loss in the enjoyment of life by not being able to participate in sport and house hold work.

In the case of UNION OF INDIAN  V. SAVITA SHARMA[4] a girl about 18nyears old had been seriously injured when the tempo in which she was traveling was knocked down by a military vehicle, on e of her leg from knee downward was amputed,the court observed that there must  have been a great agony after accident, she has to use an artificial leg which needed replacement year after year compensation which she was allowed included Rs 15000 for Permanent disablement and Rs 600 for replacement of art fail leg for 40 years the period of her life expectancy.


FATALACCIDENTS.
The history of fatal accidents falls under Law Reform (Fatal Accidents and Miscellaneous Provisions Ordnance, Cap 360). Generally it covered accidents leading to the death of a person. Before the enactment of this Ordnance on the 13th may 1955, the death of a personal left the dependants in serious sorrow for not only having lost a relative but also for loss of pecuniary advantages. Hence the maxim that goes: action personal is moritur cum persona which means, “A personal right of action dies with the person.” That meant that the personal representatives of the deceased could neither sue nor be sued for any tort or wrong committed by or against the deceased in his lifetime. The argument put toward was that the death of a human being could not be complained of as an injury.
The English Law Reform Commission of 1786 came up with Lord Campbell's Act of 1864. This is the English Fatal Accidents Act of 1846. It was intended to protect the interests of the dependants among the near relatives. Therefore causing death of another person by a wrongful act became an actionable civil wrong. All three countries in East Africa (Tanganyika, Kenya and Uganda) adopted it.

Liability in fatal accident claims
When a person is killed a claim can be brought on behalf of his/her estate or on behalf of their dependents, the person or persons who bring an action are called the claimant or claimants if there is more than one person. And that the deceased would have had an action in negligence on breach of the duty if he had not died.
In the case of GRAY v. BARR[5]  it is necessary to prove that the defendants breach caused the death or made a material contribution toward it, if the deceased was contributory negligence then the claim by the estate or dependents can be reduce.


Claims on behalf of the estate.
the estate of the deceased person can recover reasonable funeral expense, any special damages the claimant could have claim, including loss of earning if any, from the date of accident to the date of death, and general damages for pain, suffering, here can only be one action if the administrator or the executor bring an action on behalf of the estate and must bring an action on behalf of the defendants section 4 of the act.

Claims brought by the dependants
Once a fatal accident takes place, section 4 (1) of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act[6]. The following individuals can claim damages arising out of that event of one's death:
  1. Dependants of the person whose death has been so caused.
  2. Executor or administrator suing as legal representative of the members of the deceased’s family.
This means that the above people are the ones who will benefit the damages as compensation for the death caused by a Fatal Accident to the deceased.  If there is no executor or administrator or they do not bring a claim within six months of the death a claim can be brought by dependants.

In defining who is a dependant, section 2 of the Law Reform (Fatal Accidents and Miscellaneous Provisions) Act[7]  “means a wife or where the marriage was a polygamous marriage, each of the     wives, husband, father, mother, grandfather, grandmother, stepfather, brother, sister, half-brother, half-sister and includes an infant child whom the deceased had accepted as member of his family and every other person who is on the death of the deceased entitled to succeed to his property in accordance with the law of succession applicable to the estate of the deceased, and a person shall be deemed to be the father or mother or son or daughter of the deceased notwithstanding that he or she was related to him illegitimately or in adoption according to law.”


In fatal accident a dependant’s can brought a claim as provided within a statutory by showing that
in every action brought under this provision shall delivered to the defendant or his advocate, together with plaint full particulars of the person or persons for whom and on whose behalf such action is brought and of the nature of the claim in respect of which damages are south to be recovered.as provided under Section 6 of the Law reform (Fatal Accidents and Miscellaneous provisions) act[8] i.e.
They have suffered a financial loss or had a reasonable expectation of benefit. The claimant does not have to prove direct that there is a financial loss, a court can assess the claim on a probability basis by refer the case of
DAVIES v. TAYLOR[9] [1974] AC 207 the plaintiff husband was killed in a road accident caused by the defendants negligence, they were childless she had deserted him for five weeks before his death and thereafter he learned about her adultery with a fellow employee, he tried to effect reconciliation with her but she refused, shortly before his death he had instructed his solicitor to institute divorce proceedings, the plaintiff claimed as widow and administratix of the husband estate.
HELD her claim for dependency failed because a court of first instance found that she had not proved that reconciliation with her husband was more probable than not before his death, to obtain anything under a head of substantial losses of future chance the plaintiff must established that chance ,was substantial if it was, it must evaluated. If it was a mere possibility it must be ignored. Where in civil proceeding the proof is balance of probability.
A dependant can claim if they can show a reasonable expectation of future benefit. By refer to the case WELSH AMBULANCE SERVICE v. WILLIAMS[10]
The dependency is fixed at the moment of death it is what the dependents would probably have received as benefit from the deceased what decision people make afterward is irrelevant.



In addition is that, the many emphasis here is on committing a wrongful act which in turn causes death of a person leaving the dependants helpless at the same time the act should be of that nature that it entitles the deceased or injured a right to claim for damages if he would not have died."If the death of any person is caused by the wrongful act of any person and the wrongful act is such as would, if death had not ensued, have entitled the person injured thereby to maintain an action recover damages in respect thereof the person who would have been liable if death had not ensued shall be liable to an action for damages".
In this case the plaintiffs succeeded in claiming damages in a situation where the deceased (husband and father of the children named) together with three passengers died in a car accident negligently caused by the driver. Thus it should be border in mind that the sole organ to determine these circumstances is the court.

Survival of cause of actions
In survival of cause of action i.e. the dependants it shall not provide apply to cause of action for defamation or seduction or for including one spouse to leave or remain apart from others or to claim for damages on the ground of adultery, and shall not include any exemplary damages, in the case of breach of promise to marry shall be limited to such damages. As provided under section 9 of the law reform (fatal accidents and miscellaneous provisions) ac[11]t.


Joint tortfeasors
Where a person suffer damages as a result of a tort judgement for recover against any tortfeasor is liable in respect of damage shall not bar an action against any other person who would if sued have been liable as a joint tortfeasor in respect of same damage and any tortfeaasor liable in respect of damage may recover contribution from any other tortfeasor who is or would if sued have been liable in respect of the same damages whether as joint tortfeasor or otherwise for which the contribution is sought as provide under section 10 of Law Reform (Fatal Accidents and Miscellaneous Provision) Act[12].



Contributory negligence
where a person suffer damages as the result of the wrongful act and partially of wrongful act of another person a claim for damage shall not be brought by the person suffer damage but the damages recovered shall be reduced to the claimant to share the responsibility of the damage, provide that it shall not defeat any defence arising from contract and where any person died as the result partly of his own wrongful act and wrongful act of another and if action is brought for the benefit of the estate the damages revocable would be reduced on action brought for the benefit of the dependants as provided under section 11 of the Law Reform ( Fatal Accidents and Miscellaneous Provisions) Act.[13]


Workers and employee.
where an action s brought for recovered damages as provided under worker compensations act in respect of an injury or disease giving rise to a claim for compensation that damages are recoverable independently the employer would have been liable to pay compensation under the act as provided under section 12 of the Law Reform (Fatal Accident and Miscellaneous Provisions) Act[14].

Also in( The Occupational  Health and Safety)under s.81 it show the penalty in case of death or injury it state that where any person is killed ,or suffer seriously bodily injury in consequence of the occupier or owner  of the factory or work place having contravened any provision of this Act or of any regulation ,rule or order made there under ,occupier or owner of the factory or  work place shall without prejudice to any other penalty ,be liable to a fine of  not less than ten million shilling or to imprisonment for ten not exceeding to two years or to both such fine and imprisonment
            (2) in the case of injury to death ,the occupier or owner shall not be liable to a penalty under this section unless the injury was caused directly by the contravention
            (3) the occupier shall not be liable to a penalty under this section if  a charge against him under  Act in respect of the act or default by which the death or injury was caused has been heard and dismissed before the death or the injury occurred.
                                                                 


Assessment of damages
Age and expectations of working life of the deceased. The court will make references to the letters of appointment found in confidential files of the employees. The court may make references to the birth certificate of the deceased if at all the certificate is available an assistance may be obtained from other records such as baptismal certificate and the like depending on the
The case of RADHAKRISHEN M KHEMENEY v. MRS LACHADA MURLIDHAR[15] in this case the respondent sue the appellants for damages, alleging that the death of the respondent was due to the appellant negligence, the trial judge found the respondent and award general damages Shs. 132,500/=
HELD in considering an award for damages under fatal accident ordinance the court should ascertains age, expectation of working life, wages and expectation of the deceased, would have made available for his dependent from which annual value of the dependency could be calculated having regard to the expectation of earning life of the deceased, widow and children.


Also in the case of CHUNIBAI J. PATEL AND ANOTHER v. P.F.HAYES AND OTHERS[16]
In this case was whether widow subsequent earning to be taken into account, the respondent a widow and her two infant children had been awarded damages in Supreme Court for the death of her husband and for their own injuries arising from motor accident caused by the appellant’s negligence. On appeal against quantum of damages awarded it contended that as a widow had obtain employment after accident her earning should be regarded as direct consequence of the death or in alternative that as an employee in the company of which her husband was only a substantial shareholder her earning should be regarded as profit from the deceased estate to which she has succeed.
HELD earning of the widow were adventurous benefit and were not receivable as a direct or natural consequence of the death.

After ascertaining the age, the figure will be deducted from the retirement age and the difference will be the working life expectation period.


ILLUSTRATION
For instance, A's birth date 1970.while working with C's company on 15/8/1994 met a fatal accident, he A's age by August 1994 was 1994-1970=24 years. Thus A was 24 old at the time he met an accident. The working expectation period of A was 55 years=21.
The net earning power of the deceased (his income less tax) and the age and expectations of life of his dependants, the law assumes the wife (widow) to be totally dependent to the husband and the vice versa. Children are assumed to be dependent to their parents for the when they have the age below 18 years. For example A, as an employee of c earning 25,000 per month on 1/11/1994 met an accident that led to his death, his net earning power is calculated by taking his basic salary 25,000 minus the income tax. The income tax will be determined according to the formula laid down in the book of income tax of that year.


Deductible incidents
The court in assessing damages required in any action of fatal accident bears in mind certain deductible term before reaching the final sum. This include generally accelerated Income of what the deceased left to the beneficiaries such as accelerated pension fund.
Consider the case of Nawoneiwa Demangwa and Others v. Maweta[17]. In this case the plaintiff sued the defendant for damages on behalf of herself and her nine children as dependents of the deceased under section 2 of the law reform (fatal accident and miscellaneous provision) ordinance chapter 360 on the basis of negligence. That the deceased was travelling in a bus on a muram road. While going uphill the driver came upon a stone in the road on his right hand side. The stone was about one foot across and protruded out of the surface. The driver swerved to avoid the stone and drove onto the soft shoulder at the side of the road, this proved unable to support the weight of the bus which when plunged into the ravine killing the driver and the deceased instantly. The defendant was the owner of the bus and the driver was his servant. The deceased was 39 years old and was a divisional executive officer, drawing a salary of sh.360 per month. He lived with his wife and children in a part of his father's house, which had been provided for him, together with a shamba of about one and a half acres the amount spent on the wife and children was about 190/=


Conclusion
In a nutshell, personal injuries and fatal accident comprises many things including in circumstances of a negligence of someone and a compensation for a personal injuries and the fatal accident it depend on the many factors such as a type of an accident, nature of injuries to the affected person relating to ability to work also the liability to the fatal accident it may led also a claim from the dependant and it can be more than one person who depend the compensation of someone.
So under the law there some action maintainable when death caused by the wrongful act of another person that is if the death of any person is caused by the wrongful act of any person and the wrongful is such as would ,and if death is ensued have entitled the person injured thereby to maintain an action recover damage in respect thereof the person who would  have been liable if death had not ensued shall be liable to an action  for damages ,notwithstanding the death of the person injured ,and although the death was caused under such circumstance as would amount in law to a criminal offence.





REFERENCES

BOOKS
  • Binamungu law of torts
  • Principal of Law of Tort, Fourth Edition. 2002, Vivienne, Harp wood, LLB, Barrister Reader in Law, Cardiff Law school.
  • Essential Tort Law, Third Edition, Richard Owen, LLB, LLM Solicitor, Principal lecturer.


Statutes
  • The Law Reform (Fatal Accidents and Miscellaneous Provisions) Act Chapter 310 R.E 2002.


Cases
  • Nawoneiwa Demangwa and Others v. Maweta [1970] HCD 27
  • CHUNIBAI J. PATEL AND ANOTHER v. P.F.HAYES AND OTHERS [1958] EA.
  • CHUNIBAI J. PATEL AND ANOTHER v. P.F.HAYES AND OTHERS [1957] EA.
  • WELSH AMBULANCE SERVICE v. WILLIAMS [2008] EWCA Civ 8
  • WELSH AMBULANCE SERVICE v. WILLIAMS [1976] ALER 273
                                   




[1] CAP 310 R.E.2002
[2] Black Law dictionary ten edition 2001.
[3][ 1976 ]A.I.R 37
[4] A.I.R 1979 J & K
[5] [1971] 2 QB 554.
[6] CAP 310 R.E.2002
[7] ibid
[8] Cap 310 R.E 2002.
[9] (1974) AC 207
[10] (2008) EWCA Civil Appeal 8
[11] Cap 310 R.E 2002
[12] Cap 310 R.E 2002
[13] IBID
[14] IBID
[15] (1958) E.A
[16] (1957) E.A
[17] [1970] HCD n 27.
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THE REASONS BEHIND DECENTRALIZATION AND ABOLITION OF LOCAL GOVERNMENT

law , qn
Qn: Critically discuss the reasons behind decentralization and abolition of local government in Tanzania (1972-1983).


INTRODUCTION
In every state system, government authority is to some extent dispersed over several government bodies. This spread of authority is inevitable. Even in the most centralized systems, there is pressure to divide government activities and to attribute some power for making decisions and executing tasks to local authorities rather than the central government.
The term "local government" or "local-self government" means the government by freely elected local bodies which are endowed with power, discretion and responsibility to be exercised and discharged by them, without control over their decisions by any other higher authority. The actions are, however, subjected to the supremacy of the national government. Defining local-self government, it has been observed that: local inhabitants representing local body possessing autonomy within its limited spheres, raising revenue through local taxation and spending its income on local services constitute the local-self government.[1]
Local government is a system of local administration under local communities that are organized to maintain law and order, provide some limited range of social amenities, and encourage cooperation and participation of inhabitants towards the improvement of their living conditions.[2] Therefore, local government is that part of the government of the country operating at a local level, functioning through a representative organ, known as local authority or council, established by law to exercise specific powers within a defined area of jurisdiction.[3]
The purpose of local government authority is presented in the constitution of the United Republic of Tanzania as amended from time to time under Article 146 (1)[4] which states that "The purpose of having local government authorities is to transfer authority to the people. Local government authorities shall have the right and power to participate and involve the people in the planning and implementation of development programs within respective areas and generally throughout the country.


HISTORICAL BACKGROUND
After independence in 1961 the United Republic of Tanzania emerged with limited economic capacity and poorly developed social services. Obviously, the main challenge was to create an institutional framework that could facilitate development and equitable distribution of social services, the institutional framework in Tanzania continued in the form that was left by the British colonial regime. This meant that at that time, governance at the local level was vested in three bodies, namely, the native authorities, district councils, and town councils (Shivji & Peter, 2003).
At the time of independence in 1961, there were three categories of Local Authorities in the country namely:
- Native Authorities created under the Native Authorities Ordinance of 1926.
- District and Town Councils created under the Local Government Ordinance of 1953.
- One municipality (Dar es Salaam) created under the Municipalities Ordinance of 1946.
The administration of government was divided into phases which were First decade of independence (1961-1971), the Decentralization Period (1972-1982), The Reinstatement of Local Government (1983-1995) and the Reform Period (1996-2005).


The first decade of independence
The major goal of independence government was to have a system of administration which was democratic and consolidated nationhood. The Local Government set up had to be revisited. As a measure of consolidating independence and nationhood, the Local Government Ordinance was amended in 1962 to, inter alia, repeal the Native Authority Ordinance and with it, native authorities and chiefs. Most of these chiefs were absorbed into the government as administrators.
The post-independence Local Authorities worked under difficult circumstances. Independence had just been obtained. Expectations were high. Resources were limited and the national political milieu was anxious to engage in various experiments which were seen as having the potential of bringing equitable development to the people of Tanzania.


The Reasons for the abolishment of Local Government of 1972:
The local (particularly district) Authorities collapsed. District Authorities were abolished on 30 June 1972 while Urban Authorities were abolished on June 30 1973. At the time of their abolition, there were 66 district councils and 15 urban councils in Tanzania.
  1. Services had expanded rapidly but Local Authorities had inadequate resources to fund them. Their financial base was poor, revenue realised was falling, because of difficult collection and changing relationships with the Central Government. Government grants were far too short of requirements.
  2. Local Authorities faced a major lack of capacity in terms of human resources. - Local Authorities were accused of mismanagement of the funds that they collected themselves as well as those that the Government granted to them.
  3.  The period after independence saw concerted development enthusiasm with a lot of infrastructure getting constructed (e.g. through self-help) but with little preparation of the Local Authorities, which were eventually expected to administer this infrastructure. Besides, the political situation did not very much support the efforts by Local Authorities to collect own revenue.
  4. The system of supervising Local Governments, which had been in place since colonial times became weakened after independence. Since many council officials and councillors lacked the necessary experience and know-how to run Local Authorities, this weakening of supervision had deleterious effects on the running of Local Authorities.
  5. The relationship between Local authority staff and Councillors was almost always sour. Among the problems experienced were: Councillors getting reluctant to take part in campaigns for tax collection; financially impoverished councillors depending on sitting allowances for their income thus having unnecessarily many meetings, or holding meetings which were indecisive; blurred division of responsibilities between the councillors and officials; councillors demanding special treatment such as offices and vehicles for their personal use; and councillors engaging in shoddy deals when it came to awarding contracts.
At the same time, Tanzania was experimenting with a revolutionary system of socio-economic development known as Ujamaa socialism, which among others, involved the reorganisation of rural settlements into communal villages, and which eschewed the supremacy of the Party in all ramifications of political, social and economic organisation. The "received" system of Local Government seemed somewhat at odds with the evolving political set up.
Until 1973, the Local Government system was made up of district, town, and municipal councils. The latter were Dar es Salaam (which got city status in 1961), and the municipality of Tanga. In the end, local (particularly district) Authorities collapsed. District Authorities were abolished on 30 June 1972 while urban Authorities were abolished on June 30 1973. At the time of their abolition, there were 66 district councils and 15 urban councils in Tanzania.


Why a new system was established after abolition of Local Government:
The intention of this change was to create a system that provided more freedom for both decision-making and participation. The first president of Tanzania, Julius Nyerere, argued that abolishment of the LGAs would bring the decision-making process closer to the people (Nyerere, 1972). The people could express their concerns using the party-structure of Tanganyika African National Union (TANU) the ruling party. It was expected that this structure would enhance popular participation as noticed by Picard (1980), the main purpose of this decentralization scheme was to make bureaucracy more accountable to the political party (TANU).
The result was a de-concentrated system of administration in which public servants appointed by the central government staffed all levels of government, from regions and districts to sub-district levels. An appointed officer worked as representative of the central government in the districts. His office paid the salaries of the servants in that region and he could decide upon staffing as well as having the ability to freeze projects or apply money elsewhere.



MAIN BODY
Decentralization is the process by which the activities of an organisation, particularly those regarding planning and decision-making, are distributed or delegated away from a central, authoritative location or group.[5]
The concept of decentralization deals with the division of powers between a central governmental body and local governmental units. There are many terms used to address the division of powers between these units.[6]
If the local bodies are subordinate to the central body, this is usually called de-concentration. In this situation, the local units are answerable to a superior authority and have no legal powers except for those powers that are distributed by the central body. The opposite of this is when the local bodies are, to some extent, autonomous. This method of dividing tasks in a state system is often labelled devolution. The local bodies in such a system have authority in their own right and are typically not subordinate to other units in the system.


The Decentralization Process in Tanzania
Tanzania adopted the decentralization policy in 1972, which aimed on giving more authorities and functions to the local government authorities. Consequently, this gave the citizens powers to make decision on their issues affecting their life. Furthermore, the policy has got two major forms; these were Deconcentration and Devolution.
During the Deconcentration period, rural development was centrally coordinated and managed at the district and regional levels. According to Mollel (2010:36), though deconcentration was required to give more freedom to grassroots in decision-making and participation in matters that affect their lives, yet decision-making powers continued to be retained at the centre.
During the devolution period, the method of dividing tasks in a state system from central government to local authorities. The local bodies in such a system have authority in their own right and are typically not subordinate to other units in the system.


Decentralization (The period between 1972-1982)
This period is generally known as the "Decentralisation Period". Here, the Government experimented with taking power to the people by decentralising Central Government. A system of deconcentration of the government system replaced the comprehensive Local Government system which had existed for a decade.
The new system was aimed at giving the people decision-making powers on matters affecting their welfare and of local importance and to give them the personnel and finances for their implementation.  Regions and districts were to plan and implement local development activities as well as administer their own local affairs with very limited interference from the seat of Central Government, Dar es Salaam.
Decentralization of government functions from central government to the local authority in Tanzania is a policy which has been adopted and enforced by the united republic of Tanzania to ensure efficiency and effectiveness in the government functions.
The decentralization of local government in Tanzania is governed by the enacted laws of the parliament, these laws are:
  • The Local Government (District Authority) Act CAP 287 (RE 2002), This Act establishes local government authorities within rural areas of Tanzania. The Act also explains the functions and powers of the local government authority within rural areas. 
  • The Regional Administration Act, 1997 No. 19/1997
  • The Constitution of the United Republic of Tanzania Chapter 8, Article 145 (1), stipulates the establishment of local government Authority, stating that "there shall be established of local government authorities in each region, district, urban areas and the village in the United Republic which shall be of the type and designation prescribed by law to be enacted by the parliament or the house of representatives".
  • Interim Provisions Act no.27 of 1972 provides for the establishment of development councils and planning committees in ever administrative district as statutory bodies of the new arrangement to replace the district councils".


The reasons for decentralization of local government in Tanzania
Citizen participation: The enactments of Laws have been made to ensure total involvement and participation of people in their own development. The involvement and participation focus on increase of democracy in decision-making planning, implementation of activities and control of resources. A good example is citizens can participate widely on election matters because they directly affect them. The Local Authorities Elections Act[7] This Act explains the process of electing ward councillors as the representatives of local people. "Participation" became a catchword and a rallying slogan. Development councils were created in the districts and in urban areas.

Equal allocation of resources in a country. The most common theoretical argument for decentralization is that it improves the efficiency of resource allocation. Decentralized levels of government have their purpose in the provision of goods and services whose consumption is limited to own jurisdictions. By tailoring outputs of such goods and services to the particular preferences and circumstances of their constituencies, decentralized provision increases economic welfare above that which results from the more uniform levels of such services that are likely under national provision. This results in increase of efficiency and effectiveness of the government functions.

Cost Recovery, Making services more demand responsive through decentralization is argued to have the added benefit that it increases households' willingness to pay for services. Households are argued to be more willing to pay for and maintain services that match their demand. This is the flip side of the locative efficiency coin.

Provision of social and economic services and operates as autonomous organs, by which the local authorities are given delegated powers to enact by laws, to employ, to collect revenues. Example of social services includes education, health, social welfare, or housing to sub-national governments. This is evidenced by Aleksander (2012)[8]. In participatory system, citizens can influence decisions about service provision through mechanisms which enable them to indicate the type, level, quality and mix of services they desire, and the cost they are willing to pay for
such services. This constitutes a type of market mechanism for determining service provision in a manner which responds to the wishes of citizens, and is sensitive to their willingness/ability to pay. This will not only optimize citizen satisfaction, but is also an excellent mechanism for reconciling citizens expectations to the resources available and/or the price which they are prepared to pay for the services desired.

To provide the local authorities with machinery of decision-making and implementation of plans made in the lower level. In a nutshell, the aims of this decentralisation Programme were that, rural development should be managed at district and regional levels; rural development should be co-ordinated centrally; the people should be involved in the development process; rural development should be effectively planned and controlled.

It mobilizes local resources in support of the development process, and enables value-added contributions to the provision of services and development efforts, which increases the total value of services provided, or development achieved, from the limited formal resources available. This happens because local people are able to identify and mobilize local/indigenous resources which would not be available to centrally run programmes, and because citizens are often willing to volunteer free labour and expertise, and other forms of in-kind contributions, in order to support local initiatives.

A decentralized, participatory model of local governance fosters accountability, transparency, openness and creates pressure for the adoption of high ethical standards in the conduct of public affairs. Examples: (a) To induce civil society participation, local governments practicing this model will usually adopt measures to promote accountability, openness, & transparency in the conduct of their affairs, such as: co-opting civil society representatives to their committees; opening meetings of Councils /committees to the public/media, and/or broadcasting their proceedings; holding town meetings; discussing budget options with citizens; publishing annual/periodic reports. (b) In such models, LSD Planning is a local responsibility which is carried out in a participatory manner, with civil society playing a prominent role. Civil society will therefore be fully informed on the issues, trends, options, and prospects affecting or relating to the region/locality, and thus can use that knowledge to assess the state of local affairs, and performance of the authorities.

Provides the opportunity for a wider diversity of innovations, and increases flexibility of government in the context of changing circumstances. This is so because the decentralized, participatory model of governance mainstreams the many groups/citizens who were previously excluded, and creates greater scope for local and community self management. This means that the vast reservoir of talent, innovativeness, creativity, problem solving capacity and leadership qualities which have previously laid dormant in the local population is now able to find expression, and can be applied to the problems, visions and aspirations of the local community, and will also be available to contribute to nation building. Such diversity/flexibility is important pre-conditions for significant policy and pragmatic changes.

Facilitate better division of labour in the management of public affairs. The creation of strong local governments with the capacity to effectively manage local affairs enables central government to concentrate on higher level functions. This both improves efficiency and creates more effective checks and balances. A major weakness of public administration in the Caribbean is the neglect of high level functions such as policy formulation, strategic planning, setting standards and monitoring, because central agencies are pre-occupied with operational level matters, while neglecting areas which could make a qualitative difference in public management. Devolution allows each level of government to focus on the aspects of public management which it is best suited to perform.
Generally, the period of decentralization lasted for 10 years and was described by Oyugi as "misleading and confusing to be called decentralization". This period was accompanied by strong emphasis on economic plan and party domination.[9]


Conclusively, on the other hand, a fully decentralized government is impossible, since the reallocation of public means within a country demands a certain level of coordination from a central governmental body, because we find there is partial decentralization which does not lead to decentralization aspects as per the intention of it. Despite the provision in article 145 - 146 of the Constitution of the United Republic of Tanzania[10] and Local Government Act[11] still decentralization is not well and properly practiced due to overlapping of powers in decision making between the central government and local government.


BIBLIOGRAPHY
STATUTES
  • Constitution of the United Republic of Tanzania of 1977
  • Local Government Act, CAP 287, R.E. 2002


BOOKS
  • Henry Abraham Mollel & Albertjan Tollenaar (2013): Decentralization in Tanzania: Design and Application in Planning Decisions, International Journal of Public Administration, 36:5, 344-353
  • K.Venkata rangia "Local Government In India", Bombay (1969)


WEBSITES
  • en.m.wikipedia.org
  • www.poralg.go.tz



[1] K.Venkata rangia "Local Government In India", Bombay (1969), p.1.
[2] Adeyemo 2005: 77.
[3] Warioba 1991: 1.
[4] The Constitution of the United Republic of Tanzania CAP 2
[5] https://en.m.wikipedia.org/wiki/decentralization
[6] Henry Abraham Mollel & Albertjan Tollenaar (2013): Decentralization in Tanzania: Design and Application in Planning Decisions, International Journal of Public Administration, 36:5, 344-353
[7] Act No. 4 of 1979.
[8] 'Fiscal Decentralization in Eastern Europe: A Twenty-Year Perspective.' MPRA Paper No. 39316 and Nobuo and Sakata (2002), 'Fiscal Decentralization Contributes to Economic Growth: Evidence from State Level Cross-Section Data for the United States', Journal of Urban Economics, Vol.52, No.1, pp. 93–108.
[9] Oyungi (1998)
[10] CAP 2
[11] CAP 287, R.E. 2002
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