Bunge orders review of defective by-laws
DODOMA: THE National Assembly has directed authorities responsible for subsidiary legislation found to contain legal, drafting and implementation shortcomings to make necessary amendments and ensure the by-laws are lawful, clear and practical for citizens.
The directive follows the adoption of a report by the Parliamentary Standing Committee on Subsidiary Legislation, chaired by Cecilia Paresso, after scrutinising subsidiary legislation presented to the House during its Second and Third Meetings.
Presenting the report in the House in Dodoma on Thursday, Ms Paresso said the committee assessed the quality and legality of subsidiary legislation to determine whether authorities had exercised delegated powers within the limits provided by parent laws and in accordance with the country’s legal framework.
“Authorities responsible for subsidiary legislation with identified shortcomings are required to make the necessary amendments and submit implementation reports to the Clerk of the National Assembly before or by November 2, 2026,” she said.
Ms Paresso said the directive will strengthen accountability in the exercise of delegated legislative powers and improve the quality of subsidiary legislation to ensure that by-laws were lawful, clear, consistent and practical to implement.
The committee identified five key areas requiring attention, namely limits of delegated powers, consistency with the legal system, legislative drafting principles, practicality and enforceability, as well as accountability of authorities exercising delegated powers.
On delegated powers, the committee said authorities should exercise only powers granted to them for purposes intended by Parliament and within the limits established by the relevant parent law or other enabling legislation. It said by-laws that exceeded delegated powers could undermine their legality and result in authorities exercising powers that had not been granted to them.
The committee therefore recommended that authorities responsible for such bylaws make necessary amendments to ensure compliance with the powers delegated to them. On consistency, the committee said subsidiary legislation should conform to parent laws and other relevant legislation to prevent conflicts within the legal system.
The committee also emphasised the importance of proper legislative drafting, saying subsidiary legislation should be clear, precise, consistent and easy to interpret.
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Contributing to the debate, Clayton Chipando (Kigoma Urban, CCM) urged MPs to support the proposed amendments, saying they would help protect citizens from by-laws that unnecessarily burden businesses, incomes and livelihoods.
He said citizens often held MPs accountable for laws approved by Parliament, calling on technical experts and authorities responsible for preparing subsidiary legislation to identify and address problematic provisions before they reached the House.
Mr Chipando also raised concern over by-laws introduced primarily to generate revenue for local authorities, saying some charges could impose unnecessary burdens on citizens and create opportunities for corruption. Mwanaenzi Hassan Suluhu (Special Seats, CCM) supported the committee’s report, saying subsidiary legislation should adhere to established legal drafting principles, including accuracy, clarity, effectiveness and certainty.
She said failure to observe those principles could make by-laws difficult to interpret and implement, particularly where regulations conflicted with parent laws. Ms Suluhu urged authorities entrusted with making subsidiary legislation to follow established legal drafting guidelines and ensure regulations were consistent with parent laws before being submitted for scrutiny.
