Tribunals

Tribunals and Quasi-Judicial Bodies Handling Business-Related Legal Matters in Tanzania.

Tanzania’s business environment is supported by a robust legal framework comprised of tribunals and quasi-judicial bodies that specialize in commercial and regulatory matters. These institutions aim to offer efficient, specialized, and accessible alternatives to the mainstream judiciary. By resolving disputes, enforcing regulations, and safeguarding business practices, they play a vital role in promoting economic growth, investor confidence, and the rule of law. This article critically examines these bodies, their functions, and their significance to Tanzania’s commercial legal landscape

1. THE DISTRICT COURT / THE RESIDENT MAGISTRATE COURT

Jurisdiction: These courts serve as the initial entry point for certain commercial disputes, particularly those of lower value. Commercial Cases Handled: Their jurisdiction in commercial cases is primarily limited to: Proceedings for the recovery of possession of immovable property where the value of the property does not exceed one hundred million shillings (TZS 100,000,000). Other commercial proceedings where the value of the subject matter does not exceed one hundred million shillings (TZS 100,000,000). Role: While not exclusively commercial courts, they handle commercial matters falling within their general civil jurisdiction and the specified value limits. Appeals: Appeals from commercial decisions of the District Court or Resident Magistrate Court can be lodged with the High Court Registry or, more specifically, the High Court Commercial Division.

Fair Competition Commission

The Fair Competition Commission is a statutory body established under the Fair Competition Act, 2003, tasked with promoting and protecting effective competition in Tanzania’s economy. Its functions include:

Preventing anti-competitive practices such as cartels, monopolies, price-fixing, and abuse of dominant market positions;

Regulating mergers and acquisitions to prevent market distortion;

Protecting consumers interest by ensuring transparency and preventing misleading or exploitative practices;

Encouraging market innovation and efficiency.

As a regulatory agency, the Fair Competition Commission plays a critical role as a promoter of ethical market conduct, helping to maintain a competitive and transparent commercial environment.

Fair Competition Tribunal (FCT)

The Fair Competition Tribunal is a specialized quasi-judicial body that hears appeals against decisions made by the Fair Competition Commission and other regulatory authorities such as the Energy and Water Utilities Regulatory Authority (EWURA). It operates under the Fair Competition Act, 2003, and has further jurisdiction under statutes like the EWURA Act, 2001, the Surface and Marine Transport Regulatory Authority (SUMATRA) Act, 2001, and the Tanzania Civil Aviation Authority Act, 2003.
Its key roles include:

Reviewing decisions of regulatory agencies to ensure legal and procedural fairness;

Providing an appellate platform for businesses and individuals;

Upholding accountability among regulatory authorities.

Fair Competition Tribunal decisions are final and enforceable like High Court judgments.

Tax Revenue Appeals Board (TRAB) and Tax Revenue Appeals Tribunal (TRAT)

To address tax-related grievances between taxpayers and the Tanzania Revenue Authority (TRA), two main bodies have been established under the Tax administration Act:

The Tax Revenue Appeals Board (TRAB) serves as the first-level tribunal for resolving disputes between taxpayers and the Tanzania Revenue Authority (TRA). It provides an accessible forum for challenging tax assessments, levies, and penalties.

The Tax Revenue Appeals Tribunal (TRAT) hears appeals from decisions of the TRAB. It reviews matters involving customs duties, value-added tax (VAT), and other tax-related assessments. The TRAT serves as a higher appellate body ensuring fairness and legal compliance in tax administration.

These bodies ensure procedural fairness, reduce case backlogs in regular courts, and encourage compliance with tax obligations through lawful redress mechanisms.

The Business Registrations and Licensing Agency (BRELA).

BRELA, under the Business Registrations and Licensing Agency Act, Cap. 213, oversees company and intellectual property registrations also plays a quasi-judicial role in handling disputes related to business registration and intellectual property rights such as:

Handling objections in trademark and business name registrations;

Resolving disputes involving intellectual property rights;

Adjudicating appeals from Registrar decisions.

Though BRELA’s decisions can be challenged in the High Court, its internal processes offer a fast, cost-effective route for resolving administrative business conflicts

Personal Data Protection Commission (PDPC)

Personal Data Protection Commission (PDPC)Is established under the Personal Data Protection Act No. 11 of 2022, the PDPC regulates business compliance with data protection laws. It handles complaints about violations of personal data rights and ensures businesses adhere to data processing standards.
When a complaint is lodged, the Commission initiates an investigation and attempts to resolve the issue amicably within 30 days. If an amicable settlement isn’t achieved, the matter is referred to a Complaints Hearing Committee. This Committee, comprising experts in law, data protection, and ICT, reviews the case and submits recommendations to the Commission, which then issues a binding decision.
The Commission’s decisions are enforceable as orders of the High Court. If a party is dissatisfied with the Commission’s decision, they have the right to request a review within 21 days. Following the review, if dissatisfaction persists, an appeal can be made to the High Court within another 21 days.
Businesses must register as data controllers or processors. Non-compliance results in penalties ranging from TZS 100,000 to TZS 5 million. The PDPC emphasizes accountability in the growing digital economy.
This framework ensures that businesses have a clear avenue for resolving data protection disputes and underscores the importance of adhering to data protection regulations in Tanzania.

Public Procurement Appeals Authority (PPAA)

The Public Procurement Appeals Authority is governed by The Public Procurement Appeals Act, dealing with complaints and appeals regarding public procurement processes and decisions made by procuring entities, having the mandate to entertain appeals against tender boards, clarify the issues in dispute between the parties and endeavor to bring about agreement between the parties upon mutually acceptable terms, and the parties shall co-operate in good faith with the Public Procurement Appeals Authority in order to enable it to carry out its functions and they shall be bound by its decisions.
This body helps ensure transparency and compliance in government procurement, which is essential to fair competition and efficient public spending.

Alternative Dispute Resolution (ADR)

Tanzania recognizes the importance of Alternative Dispute Resolution mechanisms in resolving commercial conflicts. The Arbitration Act [CAP 15 RE 2020] provides the legal framework for both domestic and international arbitration. The establishment of the Tanzania Arbitration Centre under this law serves to institutionalize arbitration and mediation processes, allowing for quicker, cost-effective, and confidential resolution of business disputes outside the formal court system.
ADR reduces court congestion and supports private dispute resolution, especially in complex commercial and cross-border matters.

Conclusion

Tanzania’s network of tribunals and quasi-judicial bodies demonstrates a commitment to specialized, fair, and accessible justice for businesses. Institutions such as the FCC, FCT, TRAB, TRAT, BRELA, PDPC, ADR and PPAA play a critical role in maintaining regulatory oversight, facilitating dispute resolution, and ensuring compliance. While challenges such as limited awareness and procedural delays persist, ongoing reforms and capacity building can enhance the effectiveness of these bodies. Ultimately, these mechanisms contribute to a stable legal environment that supports economic development, legal certainty, and the protection of business rights.