ARCHBISHOP MIHAYO UNIVERSITY COLLEGE OF TABORA

A CONSTITUENT COLLEGE OF ST AUGUSTINE UNIVERSITY OF TANZANIA ( SAUT)

FACULTY

BACHELOR OF LAW (LLB)

COURSE NAME

CIVIL SOCIETY, VLUNTARY, ORGANISATION &

TRUST LAW

COURSE CODE

SLW 249

INSTRUCTOR

MR. PHILBERT, B.

ASSIGNMENT TYPE :

INDIVIDUAL ASSIGNMENT

SUBMISSION DATE :

01ST MAY 2015

NAME.

REGISTRATION No.

MNANGO ABUBAKAR A.

AM/LLB2/13174

SIGNATURE.

QUESTION:
Civil Societies are considered to be a third sector in the society acting between the state and
the private profit oriented sectors. The autonomous o this sector is questionable. Discuss.

INTRODUCTION
CIVIL SOCIETY
The part of society that consists of organizations and institutions that helps and looks after
people, their health, and their rights. It does not include the government or the family1. The
concept originated around 2500 years ago in ancient Greece and Rome, how it developed in
Europe during the Enlightenment, and how it's applied today across the globe.2
Civil society can also be defined as the public realm of organized social activity located
between state and private house hold. The central argument is that civil society household.
The central argument is that civil society provides areas for people to engage themselves in
activities they perceive as important.
Perhaps the simplest way to see civil society is as a third sector, distinct from government
and business. In this view, civil society refers essentially to the so-called intermediary
institutions such as professional associations, religious groups, and labour unions, citizen
advocacy organizations that give voice to various sector of society and enrich public
participation in democracies.3
According to the World Bank the term civil society to refer to the wide array of nongovernmental and not-for-profit organizations that have a presence in public life, expressing
the interests and values of their members or others, based on ethical, cultural, political,
scientific, religious or philanthropic considerations. Civil Society Organizations (CSOs)
therefore refer to a wide of array of organizations: community groups, non-governmental
1 http://www.macmillandictionary.com/dictionary/british/civil-society
2 http://www.bbc.co.uk/worldservice/people/highlights/010705_civil.shtml
3 http://maendeleoyajamii.blogspot.com/2009/02/civil-society-in-tanzania.html

organizations (NGOs), labour unions, indigenous groups, charitable organizations, faith-based

organizations, professional associations, and foundations.4
THE MAIN BODY
The independence of these sectors is not questionable due to the following;
ORGANIZATION AND INSTITUTIONALIZATION OF THE CIVIL SOCIETIES.
In Tanzanian, most NGOs are institutionalized in two senses; first, they are legally
incorporated under different legislation; second, they have a well-defined internal structure,
clearly stated objectives and they carry out activities within legal accepted limits. For legally
incorporated NGOs, these aspects are imperative for their registration. There are a few
organizations, which are not legally incorporated, and these too have some form of
organizational structure, set of objectives, and carry out various activities. In some cases, both
legally incorporated and un-incorporated organizations fail to carry out their activity because
of lack of funds. This is compounded by the fact that they are heavily dependent on external
financing.
AUTONOMY OF ORGANIZATIONS
In principle and, to a large extent in practice, most Non-profit sector organizations are
independent and autonomous. They do not receive government subventions although the
government regulates their activities, through the legislation under which they are registered.
However, the space of operation of NGOs and other organizations in the non-profit sector are
affected by the government desire to control them. Although there is an increased freedom for
the operation of these organizations the culture of authoritarianism where the government
4 The World Bank (August, 2010). Defining civil society. Retrieved
from:http://go.worldbank.org/4CE7W046K0

controls all activities of the society is trying to resurface now and then. Civic organizations
have always been inclined to contest governments authoritarian tendencies. The Media and
NGO Act are cases in point.
SELF-GOVERNMENT
Most of these organizations in Tanzania meet this criterion in that most are based on selfgovernment principles and have internal management procedures. Accountability is to the
membership, which is voluntary. The leadership is governed by various organs created by the
articles of association or constitutions on whose basis the organization was registered. The
only external element of control derives from their dependency on external source of
financing as on average 42 % of their financial resource comes from outside the country.
VOLUNTARY AND VOLUNTEERISM
Most of these organizations are staffed by volunteers. Their boards are made up by people
who carry out their duties and responsibilities on voluntary basis. Some do have paid staff, but
even these are in most cases paid below their market values and membership is also voluntary.
There are those that limit the number of members and others that allow unlimited
membership. Members also make voluntary contributions for purposes of facilitating and
supporting activities of the organization. This is done not because the law dictates it, but as a
mutual and voluntary agreement made by members of the organization. Generally speaking,
most non-profit sector organizations in Tanzania meet all the criteria mentioned above here
after referred to as independent.5

5 THE THIRD SECTOR IN TANZANIA, Aga Khan Development Network May 2007
Htpp://www.akdn.org/civil_society.asp

 THE LEGAL CONTEXT OF THE NON-PROFIT SECTORS

Tanzania Mainland did not have a law specifically on NGOs. In 2002, the National Assembly
passed the Non-Governmental Organizations Act.6 The enactment of the NGO Act was
intended to establish one law for all non-governmental organizations in the country.
The Union Constitution and the Zanzibar Constitution, though in a limited way, guarantee the
right of everyone to freedom of peaceful assembly and association without being compelled to
do so, they do not carry explicit guarantees for non-profit organizations or specific types of
non-profit organizations. It is implied however, that "activities of private societies and
organizations" or "to form or join associations or organizations" mentioned in Article 30(2)
(e) and 207 and Article 24(2) and 208, include non-profit organizations and other voluntary
civic organizations and community based associations hence verifying the autonomous of
these third sectors.
There is no law in Tanzania, which defines the term non-profit organization (NPO) as such.
The only guidance there is therefore is section 2 of the Non-Governmental Organizations
Act.9 Under the said section, a Non-Governmental Organisations also known in its acronym
NGO, means:
A voluntary grouping of individuals or organization which is autonomous, non-partisan,
non-profit making which is organized locally at the grassroots, national or international
6 Act No.24 of 2002
7 The Constitution of the United Republic of Tanzania, 1977
8 The Constitution of Zanzibar, [R.E 2006]
9 Ibid note. 6

levels for the purpose of enhancing or promoting economic, environmental, social or cultural
development or protecting environment, lobbying or advocating on issues of public interest of
a group of individuals or organization, and includes a Non- Governmental Organization,
established under the auspices of any religious organization or faith propagating
Organization, trade union, sports club, political party, or community based organization; but
does not include a trade union, a social club or a sports club, a political party, a religious
organization or a community based organization.
Therefore this implies that the autonomous of the third parties in Tanzania is in one way or
another exists.
However, of its independence the civil societies have on one way or another failed in some
point to maintain its autonomous as follows;
In Tanzania, societies are registered with the Registrar of Societies in the Ministry of Home
Affairs according to a procedure provided for in the Societies Act10. Sports Associations on
the other hand are registered with the Registrar of Sports Associations in the Ministry of
Education and Culture, by virtue of the National Sports Council Act. All societies, which fall
within the broad definition of societies under the Societies Act, have to apply for
registration to the Registrar of Societies upon fulfilling certain application procedures and
conditions. Upon being registered a society is granted a Certificate of Registration.
Otherwise according to section 2(1) of the Ordinance an unregistered society is an unlawful
society.11 This implies that the said civil societies, their autonomous is doubtful on such a
way that the process of them registering means that they are directly bound under the
registration laws hence making their independence questionable.
10 Cap.337
11 Ibid note. 5

All in all the civil societies pays a great rule in the community as the went further to
contribute for the development or our societies leaving the fact that they are facing a number
of challenges namely limited funding and also competent managements hence extremely
burden that they cannot face, hence their collapse in short period of time after their formed.
BIBLIOGRAPHY:
BOOKS:
THE THIRD SECTOR IN TANZANIA, Aga Khan Development Network May 2007
STATUTES:
The Non-Governmental Organizations Act No.24 of 2002
The Constitution of the United Republic of Tanzania, 1977
The Constitution of Zanzibar, [R.E 2006]
The Societies Act Cap.337
INTERNET SOURCES:
Htpp://www.akdn.org/civil_society.asp
Http://www.macmillandictionary.com/dictionary/british/civil-society
Http://www.bbc.co.uk/worldservice/people/highlights/010705_civil.shtml
Http://maendeleoyajamii.blogspot.com/2009/02/civil-society-in-tanzania.html