The reception clause is a legal provision that allows the application of the
common law, the doctrines of equity, and the statutes of general application of
England in a former British colony or protectorate. The reception clause for
Tanganyika was enacted by the Tanganyika Order in Council, 1920, which stated
that:
The common law, the doctrines of equity, and the statutes of general
application which were in force in England on the twenty-second day of
July, 1920, shall be in force within the jurisdiction of the Courts of the Territory,
so far as the circumstances of the Territory and its inhabitants and the limits of
His Majesty’s jurisdiction permit, and subject to such qualifications as local
circumstances render necessary
This reception clause is still in force in Tanzania, which was formed by the union
of Tanganyika and Zanzibar in 1964. However, it has been modified by
subsequent legislation, such as the Judicature and Application of Laws
Act, 1920, which empowers the Parliament of Tanzania to alter, amend, or
repeal any part of the received law. Moreover, the reception clause is subject
to the Constitution of Tanzania, 1977, which is the supreme law of the land and
prevails over any other law that is inconsistent with it. Therefore, the position
of the reception clause is not exactly the same as it was in 1920, but it still
forms part of the legal system of Tanzania
The reception clause is a legal provision that allows the application of the
common law, doctrines of equity, and statutes of general application of England
in a former British colony or protectorate. The reception clause for Tanganyika
was enacted by the Tanganyika Order in Council of 1920, which stated that the
courts of Tanganyika shall administer justice and interpret laws in conformity
with the substance of the common law, doctrines of equity, and statutes of
general application as existed in England on 22nd July, 19201.
The position of the reception clause in Tanganyika has changed over time due
to various factors, such as the enactment of new laws, the development of
local jurisprudence, the influence of other legal systems, and the constitutional
changes that occurred after independence. Some of the major events that
affected the reception clause are:
The Tanganyika (Constitution) Order in Council of 1961, which granted
Tanganyika internal self-government and established a new constitution that
recognized the supremacy of Parliament and the independence of the
judiciary2.
The Union of Tanganyika and Zanzibar Act of 1964, which created the United
Republic of Tanzania and provided for the harmonization of the laws of the two
former states3.
The Constitution of the United Republic of Tanzania of 1977, which is the
supreme law of the land and provides for the protection of human rights, the
separation of powers, and the rule of law4.
The Judicature and Application of Laws Act of 1961 (as amended), which is the
main legislation that governs the sources and application of laws in Tanzania.
The Act states that the common law, doctrines of equity, and statutes of
general application of England shall continue to apply in Tanzania, subject to
the provisions of the Constitution, any written law, and any existing or future
customary law or Islamic law.
The decisions of the courts of Tanzania, which have interpreted and applied the
reception clause in various cases, such as Martin D. Kumalija and 177 others vs
Iron and Steel Ltd, where the Court of Appeal held that the reception clause
does not mean that the English law is frozen as of 1920, but rather that it is
subject to adaptation and modification to suit the local circumstances and
needs.
Therefore, it can be concluded that the position of the reception clause in
Tanganyika is not the same as it was in 1920, but rather it has evolved and
adapted to the changing legal and social context of Tanzania. The reception
clause is still a valid source of law in Tanzania, but it is not the only or the
dominant one, as it is subject to the supremacy of the Constitution
