The Exercise of Discretionary Power by District Commissioners in Tanzania: The Paradigm of The Power to Arrest

Abstract

Discretionary power exists to ensure decisions of
administrators are not caged by silent elucidation of
the law. It allows administrators to use their
reasonable common senses but which are
controlled by law, to decide over various matters
that come before their competence. This article
aims at critically discussing the exercise of
discretionary powers by District Commissioners
(DC’s) in Tanzania especially with respect to power
of arrest. The article begins by giving the meaning
and application of discretionary powers to DC’s in
Tanzania. The article further traces the historical
development of laws and policies relating to
exercise of discretionary powers by DC’s in
Tanzania and analyses the current laws which give
mandate to the DC’s to exercise discretionary
powers. The article cites and discusses few cases
where DC’s exercised the power of arrest. Prior to conclusion and recommendations, the article
discusses the exercise of discretionary powers in a
human rights perspective.

Keywords: discretionary powers, District
Commissioners, power to arrest, abuse of exercise
of power, right to disobey unlawful order.