Journal articles: 'Law, tanzania'

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Mniwasa, Eugene E. "Money laundering control in Tanzania." Journal of Money Laundering Control 22, no. 4 (October 7, 2019): 796–835. http://dx.doi.org/10.1108/jmlc-10-2018-0064.

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Purpose This paper aims to examine how banks in Tanzania have been vulnerable to money laundering activities and how the banking institutions have been implicated in enabling or aiding the commission of money laundering offences, and highlights the banks’ failure or inability to prevent, detect and thwart money laundering committed through their financial systems. Design/methodology/approach The paper explores Tanzania’s anti-money laundering law and analyzes non-law factors that make the banks exposed to money laundering activities. It looks at law-related, political and economic circumstances that impinge on the banks’ efficacy to tackle money laundering offences committed through their systems. The data are sourced from policy documents, statutes, case law and literature from Tanzania and other jurisdictions. Findings Both law-related and non-law factors create an enabling environment for the commission of money laundering offences, and this exposes banks in Tanzania to money laundering activities. Some banks have been implicated in enabling or aiding money laundering offences. These banks have abdicated their obligations to fight against money laundering. This is attributed to the fact that the banks’ internal anti-money laundering policies, regulations and procedures are inefficient, and Tanzania’s legal framework is generally ineffective to tackle money laundering offences. Originality/value This paper uncovers a multi-faceted nature of money laundering affecting banks in Tanzania. It is recommended that Tanzania’s anti-money laundering policy should address law-related, political, economic and other factors that create an enabling environment for the commission of money laundering offences. Tanzania’s anti-money laundering law should be reformed to enhance its efficacy and, lastly, banks should reinforce their internal anti-money laundering policies and regulations and policies.

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Aldersey, Heather Michelle, and H. Rutherford Turnbull. "The United Republic of Tanzania’s National Policy on Disability." Journal of Disability Policy Studies 22, no. 3 (November 21, 2011): 160–69. http://dx.doi.org/10.1177/1044207311397877.

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In the spirit of international cooperation and to advance human rights, many nations have signed and ratified the United Nations Convention on the Rights of Persons with Disabilities (UN CRPD). Ratification, however, differs from implementation, as the current analysis of the disability policy of the United Republic of Tanzania reflects. Here, the authors have accepted the Tanzanian Minister for Labour, Youth Development, and Sports’ invitation for local and international communities to rally to ensure that the desired outcomes of the NPD are realized. They examine Tanzania’s National Policy on Disability (NPD) using a policy analysis framework that has identified 18 core concepts of disability policy. They compare and contrast Tanzania’s NPD with this framework and conclude that the core concept of accountability is absent from the NPD. The authors then propose accountability techniques that might assist Tanzania to fulfill its firm and early commitment to the UN CRPD.

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Mganyizi, Diogeness D. "Assessment of Independence of Regulatory Structures Governing Data Protection and Privacy in East Africa: A Case Study of Kenya and Tanzania." International Journal of Law and Politics Studies 5, no. 6 (November 4, 2023): 10–17. http://dx.doi.org/10.32996/ijlps.2023.5.6.2.

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In an era of widespread digital information exchange, protecting personal data and privacy has become crucial. East African countries such as Kenya and Tanzania have implemented regulatory structures to address these concerns. However, the effectiveness and independence of these structures raise questions, necessitating a comprehensive assessment. Therefore, this study investigates the question of the independence of data protection authorities in East Africa with a particular focus on Kenya and Tanzania. This study was guided by three questions, namely, do the structures of data protection authorities in Kenya and Tanzania affect their independence? Are the data protection authorities in Kenya and Tanzania sufficiently funded to run their duties? And are the tenures of Commissioners of data protection authorities in Kenya and Tanzania secured? The study engaged two approaches: doctrinal legal research methodology, which analyses law in the form of legislation, case law, and international instruments, as well as comparative legal research methodology, which involves comparative analysis of identified criteria from Kenya and Tanzania. It was observed that the Kenyan data protection authority is more independent than the Tanzanian data protection authority.

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Mniwasa, Eugene E. "The financial intelligence unit and money laundering control in Tanzania." Journal of Money Laundering Control 22, no. 3 (July 2, 2019): 543–62. http://dx.doi.org/10.1108/jmlc-07-2018-0043.

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Purpose This paper aims to explore the role of the financial intelligence unit in Tanzania in fighting against money laundering and its predicate offences, examine its potential in controlling the problem and describe factors that undermine its efficacy. Design/methodology/approach The doctrinal research approach is used to analyse Tanzania’s anti-money laundering law and appraise its effectiveness in facilitating operations of the financial intelligence unit in fighting against money laundering and its predicate offences. The law-in-context approach is applied to interrogate the anti-money laundering law and describe non-law factors that impinge on the efficiency of Tanzania’s financial intelligence unit. Findings The law vests the financial intelligence unit with powers to perform a number of functions that are significant in fighting against money laundering and its predicate offences in Tanzania. The unit has been instrumental in curbing money laundering. The efficacy of this anti-money laundering agency, which is at its infancy stage, is emasculated by law-related, institutional and non-law factors. These factors undercut the potency of the agency. Practical implications There is a need for Tanzania to undertake policy, legislative and institutional reforms to augment the efficacy of the financial intelligence unit. The reforms should be implemented concurrently with other measures, which will enhance the country’s anti-money money laundering regime. Originality/value This paper applies the legal and non-law perspectives to evaluate the effectiveness of the financial intelligence unit as an essential component of Tanzania’s anti-money laundering regime. It proposes law-related and non-law approaches to augment the efficiency of the unit and the country’s anti-money laundering regime in general.

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Issah, Jackson Masoud. "Striking The Withdrawal Benefit Off The Social Security Statutes And Its Remedies In Social Security Industry Of Tanzania." Commonwealth Law Review Journal 08 (2022): 174–96. http://dx.doi.org/10.55662/clrj.2022.804.

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The withdrawal benefit is one of the social security benefits that were payable in the Tanzanian social security scheme before the 2018 amendment. The recent amendment in social security law of the country. It is the benefit peculiar to other common benefits in the world of social security which stood the legal statutes of the country for a quite long period of time in the state history. Despite its black knowledge in international law perspectives, in practical aspect, this benefit served a lot to the employees especially those employed on non-pensionable employment schemes, before its recent removal from the social security laws of Tanzania. This is because, payments of small salaries; un-secured employment tenure and limited chance of securing a new job after a loss of one’s employment; are some of the serious challenges relating to private sector employment to which most of the employees belong in Tanzania. The withdrawal benefit in that special purpose, therefore, remedied the employment uncertainty and contingency in Tanzania before its burn. Despite the reflective value of the withdrawal benefit in the social security legal context of Tanzania, the same benefit has been removed from the laws of the state via the recently enacted law, which is the Public Service Social Security Fund Act, 2018. The academic call that is behind this paper, therefore, is an examination of the social security purpose and functions saved by the withdrawal benefit; its justification in the social security industry and its replacement that has been brought by its complementary legislative initiatives in the Tanzanian social security industry.

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Denoncourt, Janice Ann. "Supporting Sustainable Development Goal 5 Gender Equality and Entrepreneurship in the Tanzanite Mine-to-Market." Sustainability 14, no. 7 (April 1, 2022): 4192. http://dx.doi.org/10.3390/su14074192.

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This article analyses how a strategy for Tanzania’s tanzanite gemstone mining sector could foster gender equality in the mine-to-market (M2M) supply chain, whilst enhancing opportunities for female entrepreneurship as part of the country’s sustainable economic development. In the mining industry, the contemporary concept of mapping artisanal and small-scale mining to the UN Sustainable Development Goals is a newer aspect of sustainability. SDG 5 aims to achieve gender equality and empower all women and girls. However, while there have been initiatives to support gemstone mining in Tanzania and East Africa, to date, the role of women in the lucrative tanzanite M2M supply chain has been less visible and a missed opportunity. This is a concern, as in 2019, pre-COVID-19 pandemic, gemstone and precious metals accounted for an incredible 33.2% of Tanzania’s total exports. In contrast, in leading mining countries such as Australia and Canada, the participation of women continues to steadily advance, economically empowering the women involved. This article contributes a critical review of Tanzanian mining regulation and licensing practice in a historical and gender equality context. A qualitative research case study showcases artisanal small-scale (ASM) tanzanite gemstone miner and entrepreneur Pili Hussein, with a view to support the formulation of a Tanzanian regional, female-oriented, M2M tanzanite strategy. The developed world experience of increasing levels of gender participation in mining provides evidence of a reduced gender pay gap and enhanced mine safety practice when women are involved. This research finds that increased investment in supporting women to participate in the tanzanite M2M gemstone supply chain positively impacts SDG 5 in the country. Furthermore, given Tanzania’s economic dependence on mining and the exceptional characteristics of rare, single-source tanzanite (a generational gemstones), we conclude that gender equality and female mine-to-market (M2M) entrepreneurship has an undervalued, yet important, role to play in Tanzania’s future socio-economic development.

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Gastorn, Kennedy. "International Arbitration on Investment Disputes in Natural Wealth and Resources Sector in Tanzania." Eastern Africa Law Review 47, no. 2 (December 31, 2020): 1–37. http://dx.doi.org/10.56279/ealr.v47i2.1.

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This article analyses rules relating to international arbitration in natural wealth and resources sector under the newly enacted Arbitration Act of 2020 of Tanzania. The Act is enacted to facilitate amicable settlement of disputes outside the court system as well as enforceability of arbitration agreements. In a broader framework, the Act responds to the challenges faced by Tanzania in managing and addressing many issues emerging in arbitration cases especially investor-state arbitration. Such reforms are not uniquely Tanzanian but form part of the larger emerging reforms in investment regime in key strategic economic sectors in most of the developing world. This is reflected within the ongoing UN Commission on International Trade Law (UNCITRAL) working group on reforming the investor-state dispute settlement system. Under the new law, all disputes involving natural resources can only be arbitrated in Tanzania, as a seat of arbitration, whether under the auspices of the bodies established in Tanzania or otherwise. Likewise, all disputes arising from extraction, exploitation or acquisition and use of natural wealth and resources can only be adjudicated in accordance with the laws of Tanzania. To this end, the Act complements similar relevant provisions under the Natural Wealth and Resources (Permanent Sovereignty) Act and the Natural Wealth and the Resources Contracts (Review and ReNegotiation of Unconscionable Terms) Act of 2017. The Arbitration Act 2020 is aimed at creating a viable regime which will encourage alternative dispute resolution and establish a conducive framework for the enforcement of arbitral award. This paper analyses the Arbitration Act 2020 whether it complies with the best international practices in arbitration regime. It also argues that limiting seat of arbitration and the governing law of international arbitrations on disputes in natural wealth and resources sector are significant reforms to the existing investments landscape in the sector in Tanzania. They form a part of the larger picture of emerging reforms in investment regime in key strategic economic sectors in most of the developing world. As a capital importing state, Tanzania, like other developing nations, seek to avoid the perceived frustrations of international arbitrations to obtain a fair deal on investment agreements on her natural resources through an effective arbitration regime and foreign investments. Indeed, these reforms are likely going to bring back many Tanzanian cases from abroad to Tanzania as a safe seat of arbitration. Keywords: International arbitration, seat of arbitration, governing laws, natural wealth and resources sector, Bilateral Investment Treaties (BITs).

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Bernado Mubanga, Clement. "Jus Soli or Jus Sanguinis? Diagnosing Letters of Law and Official Interpretation of Tanzanian Citizenship by Birth." Eastern Africa Law Review 47, no. 1 (June 30, 2020): 140–69. http://dx.doi.org/10.56279/ealr.v47i1.5.

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This article examines the controversy underlying interpretation of the letters of law on what constitutes Tanzanian citizenship by birth, particularly after independence. The centre of controversy lies in the choice of the two basic modes of attainment of citizenship by birth, namely jus soli (right of soil or birth right citizenship without the condition of citizenship of parents) and jus sanguinis (right of blood or citizenship conditioned on parents’ citizenship status).Some secondary sources say the letters of law are jus soli based while official interpretation on the ground says they are jus sanguinis based. So far, there is no judicial interpretation of the convoluted letters of law under the Tanzania Citizenship Act Cap 357 R.E 2002. It is argued that the letters of law under the Tanzania Citizenship Act reflect the jus soli mode. The article proposes for amendment of the disputed provisions to align with what is actually obtainable on ground. Keywords: jus soli, jus sanguinis, citizenship by birth, letters of law.

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Kahimba, Nicksoni Filbert, Cecilia Edward Ngaiza, and Boaz John Mabula. "Domestic Prosecution of International Crimes in Tanzania: The State of the Law." Eastern Africa Law Review 47, no. 2 (December 31, 2020): 106–37. http://dx.doi.org/10.56279/ealr.v47i2.4.

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This article examines Tanzania’s ability to domestically prosecute international crimes following its ratification of the Rome Statute. The Article also analyses the possibility of relying on the provisions of customary international law to prosecute these crimes in the absence of domestication of the Rome Statute. The article probes into the reasons for the non-domestication of the Statute, highlights the strengths and weaknesses of the current legal framework to prosecute international crimes, and proffers a set of recommendations for the identified legal flaws. It finds that although Tanzania is a State Party to the Rome Statute, it has not yet domesticated the Statute. Despite the absence of a direct legal obligation to domesticate or nationally incorporate the provisions of the Rome Statute, the articles states that it is fundamental that Tanzania indicates its ability and willingness to prosecute international crimes within its domestic legal framework. While there are two approaches to prosecuting crimes of the Statute at the national level, this article has discussed the effectiveness of Tanzania’s legal framework to prosecute those crimes through the ordinary crimes approach. It contends that while some of the core crimes can be prosecuted domestically and through customary international law, the current domestic legal framework in Tanzania is incapable of prosecuting the Statute’s core crimes effectively in the absence of domestication or adoption of serious legal amendments in the relevant domestic legislation. Keywords: Customary International Law - International Crimes - International Crimes Approach - Ordinary Crimes Approach - Penal Code - Rome Statute

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Protas, Petro, and Leornard Chimanda Joseph. "The Law of Armed Conflict in the Era of Cyber Technology: Assessing the Legal Challenges and Response in Tanzania." Eastern Africa Law Review 47, no. 1 (June 30, 2020): 95–139. http://dx.doi.org/10.56279/ealr.v47i1.4.

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The development of cyber technology has brought challenges to various aspects of life. Legal regime regulating the means and methods of warfare stands amongst the most affected regimes due to such advancement. The existing puzzle is on whether there is a need to conclude a new Convention on international humanitarian law to address the challenges of cyber technology or not. While discussing issues relating to this puzzle, this article examines the legal regime in Tanzania and its rapport to the rules of international humanitarian law (IHL) including cyber warfare. The article observes out that, the Tanzanian legal framework insufficiently addresses the challenges of cyber warfare. Apart from relying on the ordinary crimes approach in interpreting and prosecuting IHL breaches, this article concludes that necessary legislative measures need to be taken by Tanzania to fill the gaps brought by cyber technology to the rules of IHL. Keywords: Armed Conflict, Cyber Technology, Cyber Warfare, Law of Armed Conflict, Ordinary Crimes Approach, Tallinn Manual.

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Mwaikusa, J. T. "Community Rights and Land Use Policies in Tanzania: The Case of Pastoral Communities." Journal of African Law 37, no. 2 (1993): 144–63. http://dx.doi.org/10.1017/s0021855300011219.

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The statement above is an admission of failure, or neglect, to design a policy for livestock production and development. The admission appears t o be almost contradictory. Nyerere's leadership of Tanzania had its landmarks, the most indelible of which is probably the Arusha Declaration with its particularly heavy bias towards rural development in its policy objectives. Yet that rural bias conspicuously excluded the role of pastoral communities and their potential in the development of Tanzania's rural economy. The pastoralists are not a majority but constitute a substantial portion of the population. They are entitled, as of right, to proportionate attention by national policies, as well as access to national resources, especially land, proportionate to their needs and potential, just like the cultivators. But government policies in Tanzania have marginalized pastoralists and sometimes even their rights and their very presence have been ignored.

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Abrahams, Ray. "Law and order and the state in the Nyamwezi and Sukuma area of Tanzania." Africa 59, no. 3 (July 1989): 356–70. http://dx.doi.org/10.2307/1160232.

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IntroductionThe Nyamwezi and Sukuma area of Tanzania covers about 50,000 square miles from Lake Victoria in the north to the southern edges of Tabora District. The area probably contains between 4 and 5 million people, about one fifth of the total Tanzanian mainland population. The two peoples speak regional variants of a single language—the name Sukuma simply meant ‘northerners’ originally—and they share many common social structural and cultural forms (Abrahams, 1967b).

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Harrington, John A. "Privatizing scarcity: civil liability and health care in Tanzania." Journal of African Law 42, no. 2 (1998): 147–71. http://dx.doi.org/10.1017/s0021855300011803.

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There has been no significant consideration of the civil liability of doctors under Tanzanian law, either in the decisions of the courts of that country or in legal scholarship. The most obvious explanation for this has been the infrequency with which issues of medical malpractice have been litigated. Society and politics in Tanzania have changed greatly over the past ten years, however, and there is some reason to expect that the volume of litigation will increase. This article sets out to explore the significance of such a “legalization” of therapeutic relationships for professionals, patients, the health care system as a whole and wider Tanzanian society. In order to establish the effects of growing legal intervention it is necessary to consider in some detail the applicable rules of liability. As awareness of the possibility of litigation grows, these rules will increasingly form part of the fabric of therapeutic relationships. The following discussion will, therefore, seek to identify these legal principles on the basis of reported Tanzanian cases and precedents from other common law jurisdictions. Three grounds of action will be considered in particular: medical negligence; failure to obtain the patient's consent to treatment; and disclosure of confidential information acquired by the doctor. The latter two types of action have come up for consideration in the context of discrimination against people infected with HIV. They will therefore be discussed here with reference to the special circumstances of the AIDS epidemic.

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MENDEL, T. D. "Refugee Law and Practice in Tanzania." International Journal of Refugee Law 9, no. 1 (January 1, 1997): 35–59. http://dx.doi.org/10.1093/ijrl/9.1.35.

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Ndilito, Netho N., and John Massito. "Influence of Governance Components on Economic Growth in Tanzania." African Journal of Empirical Research 4, no. 1 (April 9, 2023): 80–89. http://dx.doi.org/10.51867/ajernet4.1.8.

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The link between institutions and economic performance is well established, but there is no single infrastructure blueprint that works for all countries. As a result, identifying the most critical infrastructures required to stimulate economic growth is difficult. The purpose of this research is to identify the governance institutions or components that improve Tanzania's economic performance. Data from 1996 to 2021 were gathered from a variety of sources, including the Ministry of Finance, the Central Bank of Tanzania, and the World Bank. For data analysis, multiple regression models were used, and an error correction model based on modern economic growth theory was used. The variables were stationary in their first difference, according to the Augmented Dickey-Fuller (ADF) tests. The findings show that the rule of law and corruption control increases economic growth by 24.7% and 47.21% significantly unlike the political instabilities which had no significant impact on economic growth. Furthermore, the study finds that voice and accountability, as well as government effectiveness and regulatory quality, have a negative impact on Tanzanian economic growth by 26%, 14.7%, and 21.5% respectively. To sustain economic growth, policymakers should focus on strengthening rule of law institutions, ensuring an effective, efficient, and independent judiciary system, adequately controlling corruption and restructuring the political system to have a significant impact on economic growth.

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Bujiku, Robert Renatus, Mpawenimana Abdallah Saidi, Neilson Ilan Mersat, and Arnold Puyok. "Inter-Party Defection: Does Tanzania Need Anti-Defection Law?" International Journal of Psychosocial Rehabilitation 24, no. 02 (February 13, 2020): 4282–98. http://dx.doi.org/10.37200/ijpr/v24i2/pr200750.

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Bujiku, Robert Renatus, Mpawenimana Abdallah Saidi, Neilson Ilan Mersat, and Arnold Puyok. "Inter-Party Defection: Does Tanzania Need Anti-Defection Law?" International Journal of Psychosocial Rehabilitation 24, no. 03 (February 18, 2020): 1570–85. http://dx.doi.org/10.37200/ijpr/v24i3/pr200906.

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Lema, Macmillan. "Evaluating the Legal Regime Governing Citizenship for Women in Tanzania: An Analysis of International and Domestic Laws for Conferring Citizenship to Foreign Spouses." Journal of Modern Law and Policy 3, no. 3 (December 21, 2023): 25–34. http://dx.doi.org/10.47941/jmlp.1581.

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Purpose: This paper provides a comprehensive analysis of Section 11(1) of the Tanzania Citizenship Act, which restricts Tanzanian women from conferring citizenship to their foreign spouses. By examining both domestic and international legal frameworks, this study aims to shed light on the discriminatory nature of this provision and proposes potential strategies to eradicate this issue. Methodology: The paper combines a detailed examination of domestic legislations and relevant international conventions to provide a robust analysis of the current legal regime in Tanzania. Furthermore, it highlights the need for reform and suggests potential approaches to address this matter. Findings: This paper aimed at making an assessment on the effectiveness of the current citizenship law in regard to the women of Tanzania and thus the research will be carried out in Mwanza region in Tanzania. The paper also analyzed the provisions of international treaties that protect and declare rights and interests of women with regards to protection of their spouses. Unique Contribution to Theory, Practice and Policy: finally, this paper finds and recommends for the amendment especially the provision of section 11 (1) of the Tanzania Citizenship Act and also suggests the adoption and incorporation of the dual citizenship which will help resolving the issues surrounding citizenship.

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Vagi, Kevin J., Kathryn A. Brookmeyer, R. Matthew Gladden, Laura F. Chiang, Andrew Brooks, Myo-Zin Nyunt, Gideon Kwesigabo, James A. Mercy, and Linda L. Dahlberg. "Sexual Violence Against Female and Male Children in the United Republic of Tanzania." Violence Against Women 22, no. 14 (July 9, 2016): 1788–807. http://dx.doi.org/10.1177/1077801216634466.

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During a household survey in Tanzania, a nationally representative sample of females and males aged 13-24 years reported any experiences of sexual violence that occurred before the age of 18 years. The authors explore the prevalence, circumstances, and health outcomes associated with childhood sexual violence. The results suggest that violence against children in Tanzania is pervasive, with roughly three in 10 females and one in eight males experiencing some form of childhood sexual violence, and its health consequences are severe. Results are being used by the Tanzanian government to implement a National Plan of Action.

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Duodu, Cameron. "Tanzania ‘Licenses’ Journalists." Index on Censorship 15, no. 5 (May 1986): 36. http://dx.doi.org/10.1080/03064228608534103.

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The Tanzania News Agency, SHIHATA, began ‘licensing’ all local and foreign journalists from 1 July 1985, with the full authority of a 1967 law that empowers the Agency to issue press cards to newsmen. The card costs 40,000 Tanzania shillings (about $250).

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Coldham, Simon. "Human Rights in Tanzania." Journal of African Law 35, no. 1-2 (1991): 205–8. http://dx.doi.org/10.1017/s0021855300008457.

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Shivji, Issa G. "Contradictory Developments in the Teaching and Practice of Human Rights Law in Tanzania." Journal of African Law 35, no. 1-2 (1991): 116–27. http://dx.doi.org/10.1017/s0021855300008391.

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The Bill of Rights is a novelty in Tanzania. As is well-known, Tanzanian Constitutions from independence to 1984 did not contain a bill of rights. Partly for this reason, legal discourse, whether in teaching or in practice, did not centre on rights issues particularly in the relationship between the state and citizen. At the Faculty of Law, University of Dar es Salaam, there developed an approach to teaching which the university calendar refers to as “the historical, socio-economic” method. The socioeconomic method emerged in contrast to the “law and development” approach which was a manifestation of the modernization theory on the legal plane. Neither of these revolved around the question of rights. Put rhetorically, “law and development” saw law essentially as an instrument of social change while the “socio-economic method” regarded law as an instrument of the ruling class. This may be a little over-simplified, but I believe broadly represents the main points of departure of, and contention between, the two schools—at least at that time at the Dar es Salaam Faculty.

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Mahalu, Costa R. "Environmental Degradation and the Law in Tanzania." Verfassung in Recht und Übersee 22, no. 4 (1989): 460–73. http://dx.doi.org/10.5771/0506-7286-1989-4-460.

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Heald, Suzette. "State, law, and vigilantism in northern Tanzania." African Affairs 105, no. 419 (December 22, 2005): 265–83. http://dx.doi.org/10.1093/afraf/adi089.

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Nkombe, Noel Edward Tagagas. "Legal Dilemmas on Application of the Overriding Objective Principle in the Court of Appeal of Tanzania." Eastern Africa Law Review 48, no. 2 (December 31, 2021): 179–209. http://dx.doi.org/10.56279/ealr.v48i2.7.

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In 2018 the government of the United Republic of Tanzania introduced a new legal principle commonly referred to as “the overriding objective principle.” This was done through Written Laws (Miscellaneous Amendments) Act, 2018 (Act No. 8 of 2018). It was said that the aim of the legislative process was to promote substantive justice and to give statutory effect to the contents of Article 107A (2) (e) of the Constitution of the United Republic of Tanzania, 1977. Article 107A (2) (e) of the Constitution directs the courts of law: To dispense justice without being tied up with technicalities provisions, which may obstruct dispensation of justice. Therefore, strictly speaking, the new law was not creating anything new, but rather amplifying what the Constitution had already provided back in 2005 when that provision was entered into the mother law. However, since the enactment of this law, the principle of “overriding principle” has become a cause célèbre issue in legal circles in the United Republic of Tanzania. The judiciary under the guidance of the Court of Appeal of Tanzania has woken up from a long slumber to fight legal technicalities in the name of justice. This is the preoccupation of this article under review. Key Words: Overriding objective principle, legal dilemma, and Court of Appeal of Tanzania

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LUPOGO, HERMAN. "TANZANIA." African Security Review 10, no. 1 (January 2001): 75–86. http://dx.doi.org/10.1080/10246029.2001.9628102.

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Et.al, Mpawenimana Abdallah Saidi. "Political and Public Perceptions of Students’ Dressing Codes in Higher Learning Institutions." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 3 (April 11, 2021): 2265–74. http://dx.doi.org/10.17762/turcomat.v12i3.1176.

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This study sought to explore Politics of students’ dressing codes and its impact on political and public perceptions in Tanzanian higher learning institutions. It was a qualitative study which used an in depth interviews to collect data from 10 administrative regions (Mwanza, Arusha, Dodoma, Dar es salaam, Mbeya, Iringa, Kagera, Tanga, Mtwara and Tabora) in Tanzania. A total of 40 informants were purposefully selected to participate in the study meanwhile a thematic analysis was employed to analyse and manage the data. In order to produce indisputable data, indispensable cleanings, transcription, coding, organizing, and theming were ascertained in the process. The findings reveal that, there is negative perceptions towards students’ dressing codes which resulted into ethical based discontent amongst Tanzanians on the dressing codes of higher learning institutions’ students meanwhile public comments to the legislative bodies to make a law or related policy that will be implemented to regulate all kinds of undesirable dressing behavior in learning institutions.

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Shaidi, Leonard P. "Court of Appeal of Tanzania." Journal of African Law 30, no. 2 (1986): 211–12. http://dx.doi.org/10.1017/s0021855300006598.

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Madaha, Rasel. "How Do Local Subjectivities Interfere with the Domestic Enforcement of International Laws on Corruption in Selected Regions of Tanzania?" African Review 49, no. 1 (September 6, 2021): 102–25. http://dx.doi.org/10.1163/1821889x-12340062.

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Abstract Although Tanzania has ratified several international laws on corruption, the domestic enforcement of such laws remains problematic. Some social structures that sustain corruption in the country continue to exist. The article is informed by the theory of constructivism of international law. Some insights from cultural relativity theory, clashing moral values theory of corruption, Critical Theorist paradigm, and anti-colonial discursive framework have also been useful in informing the article. Using ethnographic longitudinal case study methodology, this article explores local subjectivities that interfere with the domestic enforcement of International laws on corruption in selected regions of Tanzania. The study has also attempted to answer the following question: can international law on corruption influence the local context and actors in an attempt to eliminate corruption in Tanzania? The key finding is that the presence of systemic corruption and local subjectivity hinders the fight against corruption. In turn, the situation hinders the domestic enforcement of international law. The study also highlights that the fifth phase government adopted an anti-corrupt cultural approach to address corruption in Tanzania. The cultural approach enabled Tanzania to attain significant achievements in the fight against corruption. In this regard, the study recommends a cultural approach to the elimination of corruption. The focus should be on creating an anti-corruption culture through good governance and democratization. The paper adds to the scholarship on cultural studies, development studies, human rights, African studies, governance, international law, and international relations.

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Evans, Alison, and Erasto Ngalwea. "Tanzania." Development Policy Review 21, no. 2 (February 27, 2003): 271–87. http://dx.doi.org/10.1111/1467-7679.00210.

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Maxon, Robert M., and Issa G. Shivji. "Law, State and the Working Class in Tanzania." International Journal of African Historical Studies 20, no. 3 (1987): 497. http://dx.doi.org/10.2307/219691.

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Nimtz, August, and Issa G. Shivji. "Law, State and the Working Class in Tanzania." African Economic History, no. 18 (1989): 134. http://dx.doi.org/10.2307/3601765.

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SMITH, SHEILA. "Law, State and the Working Class in Tanzania." African Affairs 86, no. 345 (October 1987): 586–88. http://dx.doi.org/10.1093/oxfordjournals.afraf.a097952.

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Harrington, John A. "Medical Law and Health Care Reform in Tanzania." Medical Law International 6, no. 3 (September 2004): 207–30. http://dx.doi.org/10.1177/096853320400600302.

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Mwenegoha, T. "Dissemination of Consumer Law and Policy in Tanzania." Journal of Consumer Policy 41, no. 4 (October 26, 2018): 435–53. http://dx.doi.org/10.1007/s10603-018-9391-2.

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Kilekamajenga, Ntemi Nimilwa. "Learning from contemporary examples in Africa: Referral mechanisms for restorative justice in Tanzania." South African Crime Quarterly, no. 63 (March 30, 2018): 17–26. http://dx.doi.org/10.17159/2413-3108/2018/v0n63a4368.

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Tanzania is one of the jurisdictions in Africa that follow an adversarial criminal justice system. Despite a number of problems associated with the fact that the criminal justice system over-utilises imprisonment, there is still a lack of diversionary measures to complement the system. This article investigates restorative justice as a complementary system to the Tanzanian criminal justice system, arguing that the law, including the constitution of the country, favours the application of restorative interventions. Invoking restorative justice mechanisms can, inter alia, relieve over-laden courts from the backlog of minor cases, and can help the government salvage funds by reducing the number of incarcerated offenders. It is further argued that restorative justice approaches that have been articulated in some juvenile justice systems in Africa can be adapted to suit the Tanzanian restorative approach for child and adult offenders.

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Kilekamajenga, Ntemi Nimilwa. "Learning from contemporary examples in Africa: Referral mechanisms for restorative justice in Tanzania." South African Crime Quarterly, no. 63 (March 30, 2018): 17–26. http://dx.doi.org/10.17159/2413-3108/2018/i63a4368.

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Tanzania is one of the jurisdictions in Africa that follow an adversarial criminal justice system. Despite a number of problems associated with the fact that the criminal justice system over-utilises imprisonment, there is still a lack of diversionary measures to complement the system. This article investigates restorative justice as a complementary system to the Tanzanian criminal justice system, arguing that the law, including the constitution of the country, favours the application of restorative interventions. Invoking restorative justice mechanisms can, inter alia, relieve over-laden courts from the backlog of minor cases, and can help the government salvage funds by reducing the number of incarcerated offenders. It is further argued that restorative justice approaches that have been articulated in some juvenile justice systems in Africa can be adapted to suit the Tanzanian restorative approach for child and adult offenders.

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Mwanga, Elia. "Who votes in Tanzania? An overview of the law and practices relating to parliamentary elections." African Human Rights Law Journal 22, no. 1 (August 11, 2022): 1–22. http://dx.doi.org/10.17159/1996-2096/2022/v22n1a6.

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The right to vote is among the pillars of a representative democracy. The right promotes democracy by ensuring that citizens participate indirectly in the affairs of the government of their country by freely electing the leaders they want. This article examines the theoretical and practical aspects of the right to vote in Tanzania. In particular, the article provides a critical examination of the laws and practices relating to parliamentary elections in Tanzania and their implications for the right to vote. The article argues that the right to vote is not effectively guaranteed in Tanzania, in law or in practice. In particular, the article demonstrates that the electoral laws as well as practices in Tanzania deny the citizens the right to freely elect their representatives/members of parliament. The electoral law and related practices give a mandate to few people who make decisions for the majority. The electoral laws and practices make citizens the rubberstamp of decisions taken by the few instead of their being the key decision makers.

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Kitonka, Naufal Hamis. "Balance between Investment Protection and Sustainable Development under Tanzania-Canada BITs: Need for Progressive Domestic Investment Law." Journal of Law and Legal Reform 4, no. 1 (January 19, 2023): 93–128. http://dx.doi.org/10.15294/jllr.v4i1.60464.

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Interactions between foreign investment and host community raise questions as to the proper approach to balance investment protection and sustainable development interests. This article examines how Tanzania balances investment protection with social and environmental concerns. Tanzania has had a mixed practice with foreign investment and Bits. Few Bits were concluded in the early years after independence. But then the country experimented with socialism and self-reliance in late 1960’s and 1970’s, only to reverse trend in mid-1980’s. Tanzania concluded majority of her Bits in 1990s and 2000’s. From 2010, Tanzania concluded Bits which are conscious of sustainable development concerns. Tanzania-Canada BIT is a case in point. These Bits not only inserted explicit sustainable development provisions but also progressive investment standard provisions which afford the government space to regulate legitimate sustainable development objectives. However, this recalibration approach still faces practical challenges due inconsistencies of arbitral tribunals. To help fill this gap, the study considers the role of domestic investment laws in protecting sustainable development interests. In that regard, the study holds the view that domestic investment laws have to be sustainable development oriented in order to supplement other approaches of balancing investor rights with sustainable development interests of host states.

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Majamba, Hamudi Ismail. "The Paradox of the Legislative Drafting Process in Tanzania." Statute Law Review 40, no. 3 (February 9, 2017): 325–37. http://dx.doi.org/10.1093/slr/hmx001.

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Abstract This article provides a critical analysis of the procedure for drafting laws provided for under the legal framework of Tanzania. It is premised on the general perception that the law making function in Tanzania, like other jurisdictions in the Commonwealth, is vested in Parliament, through the doctrine of supremacy of Parliament. The analysis focuses on the Standing Orders of the Parliament of the United Republic. The Orders provide for the main legal regulatory regime governing the conduct of business in the august House, including the drafting of legislation. In the process, the article brings to the fore other salient features of the provisions of the Standing Orders, previously unknown to many. The article’s focus is on Tanzania Mainland. It does not address the legislative drafting process in Zanzibar, the other part of the Union. Under the framework of Constitution of the United Republic of Tanzania of 1977, Zanzibar has a separate and distinct regime governing legislative drafting. The main conclusions drawn from the analysis point out that contrary to popular belief, in practice, the overall framework law governing the legislative drafting process and its underlying policy vests the power of law making almost entirely in the Executive and not the Parliament.

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Mlimuka, K. L. J. "Mozambique and Tanzania." International Journal of Marine and Coastal Law 9, no. 3 (1994): 399–407. http://dx.doi.org/10.1163/157180894x00223.

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J. Mwakaje, Saudin, and Nuhu S. Mkumbukwa. "The New Arbitration Law in Tanzania: An Appraisal of Its Salient Features and Implications for Investment Disputes Settlement." Journal of International Arbitration 39, Issue 1 (February 1, 2022): 129–61. http://dx.doi.org/10.54648/joia2022006.

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Preference for arbitration as an option for dispute settlement is steadily on the rise, partly because of its perceived efficacious proceedings and enforceability. In 2020, Tanzania enacted a new legislation on arbitration with a detailed and defined framework, cascading through the entire qualifying process of arbitrators, initiating the arbitration proceedings, enforcement and recognition of foreign arbitral awards. This article analyses the corpus of the new legislation, its pertinent structural features, the gaps, and future prospects. The analysis is predicated on the ramifications of the new arbitration law for investment dispute settlements, particularly, state versus investors disputes, as envisaged under the national investment legislation. It concludes by highlighting several aspects which need to be revisited, such as the independence of arbitrators, duty to refer disputes to arbitration, and determination of arbitration costs. Further, a case is made for amendment of the existing national investment legislation in respect of dispute settlement provisions in order to create a harmonious arbitration regime in Tanzania. Tanzania arbitration law, implications to investment disputes, enforcement of foreign arbitral awards

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Makulilo, Alexander B. "Tanganyika Law Society and the Legal and Human Rights Centre V. Tanzania and rev. Christopher R. Mtikila V. Tanzania (Afr. CT. H.R.)." International Legal Materials 52, no. 6 (December 2013): 1327–62. http://dx.doi.org/10.5305/intelegamate.52.6.1327.

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On June 14, 2013, the African Court on Human and Peoples’ Rights (the Court), in the consolidated matter of Tanganyika Law Society and the Legal and Human Rights Centre v. Tanzania and Rev. Christopher R. Mtikila v. Tanzania, found that the government of Tanzania violated the African Charter on Human and Peoples’ Rights (African Charter) when it prohibited independent candidates from contesting presidential, parliamentary, and local government elections. The case provides insight into the trajectory of the Court and its approach towards the jurisprudence of other international and regional human rights organs.

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Madaha, Rasel M. "The Cultural Role of Civil Societies and the National Parliament in the Domestic Enforcement of International Laws on Corruption in Tanzania." East African Journal of Law and Ethics 6, no. 1 (December 9, 2023): 49–64. http://dx.doi.org/10.37284/eajle.6.1.1615.

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Social structures composed of active and responsible actors can be essential in curbing corruption. However, studies focusing on culture and corruption, especially in Africa, are scant. This article has focused on the role of culture in influencing anti-corruption efforts and enforcing international law on corruption in Tanzania. Using ethnography, the paper responds to two questions: What is the cultural role of civil societies and the media in influencing the domestic enforcement of international law? Furthermore, what is the cultural role of the Tanzanian legislature in influencing the domestic enforcement of international law? A cultural study can only be conducted after some time. It calls for a longitudinal study that considers a local context. In this regard, a case study research design has been used. The technique can explore issues over a long period and examine context-specific issues. Overall, the study's findings highlight the development of a unique culture among civil societies, which prompts the Parliament to create and formalize anti-corruption measures. The paper adds to international law, corruption, and culture scholarship

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Rwechungura, Gideon C. "Promoting Investments in Tanzania: Assessment of the Law and Practice of Export Processing Zones and Special Economic Zones." Journal of Legal Studies & Research 09, no. 02 (2023): 296–315. http://dx.doi.org/10.55662/jlsr.2023.9204.

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This study is a result of the various reports of the Controller and Auditor General (CAG) of Tanzania addressing poor performance of the Export Processing Zones Authority and hence poor returns of the Export Processing Zones (EPZs) and Special Economic Zones (SEZs) in Tanzania. By use of library research technique, the author reviewed different literatures to assess the practice under which EPZs and SEZs are established and run in Tanzania. Again, the author analyzed the laws with the view of assessing whether they promote and protect investment in the EPZs and SEZs and thus whether they meet the basic international standards. It is concluded that the laws governing EPZs and SEZs in Tanzania are investor friendly; this is because they provide for basic requirements that promote and protect investments under international law. These requirements are incentives and foreign dispute resolution within the scope of Bilateral Investment Treaties, Multilateral Treaties, ICSID Convention and the rules of procedure for arbitration of international Chamber of Commerce. Again, when it comes to practice in the implementation of the EPZs and SEZs in Tanzania, literature and current affairs news shows that Tanzania is very much affected by different problems. These problems are like insufficient capital for providing infrastructures in and out of these EPZs and SEZs, bureaucracy and corruption among government officials implementing these projects. Other problems includes lack of focus by the Tanzania government in implementing these projects; also politics and inconsistency in government implementation of the country’s important projects; and short focused policies, guidelines and regulations of the EPZA in running the EPZs and SEZS. The study recommends the following:- The government should encourage private sector to run these schemes than itself and it should implement strategic investment in other sectors that support implementation of EPZs and SEZs. Not only that but also the government established EPZs and SEZs should be done in phases; there must also be strict Laws on officers of the EPZs and SEZs who misuse their powers; again, the government should require investors to improve employment packages and trainings and lastly the government should review fiscal incentives to make them benefit both parties.

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RWEZAURA, BARTHAZAR A., and ULRIKE WANITZEK. "FAMILY LAW REFORM IN TANZANIA: A SOCIO-LEGAL REPORT." "International Journal of Law, Policy and the Family" 2, no. 1 (1988): 1–26. http://dx.doi.org/10.1093/lawfam/2.1.1.

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Mwakaje, Saudin J. "Accession by Tanzania to the Marrakesh Treaty on Access to Publications for Visually Impaired Persons: Policy and Legal Implications." African Review 48, no. 1 (March 23, 2021): 215–38. http://dx.doi.org/10.1163/1821889x-12340033.

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Abstract The accession by Tanzania to the Marrakesh Treaty has set up a new legal platform and benchmark which calls for national policy and regulatory review, particularly to the legislation governing copyright and rights of persons with disabilities. From its inception, copyright law hinges on a cautiously tailored regulatory approach calculated to accommodate competing interests of the copyright owners and users. The legislative thrust centers on devising a balanced approach cognizant of the need to promote artistic and literary creativity while at the same time making copyright law serve broader public interests. The Marrakesh Treaty was negotiated and subsequently adopted along the lines of public interest considerations. It seeks to create a defined legal framework that would facilitate access to the published materials and other information in accessible format for persons who are print disabled. Tanzania accessed the Treaty in the year 2020. Thus, this paper explores the policy and legislative implications to Tanzania pursuant to her accession to the Treaty. It concludes by highlighting that, a holistic policy and legislative review is necessary in order for Tanzania to fully adhere to its obligations under the Treaty.

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Mgomba, Fatuma Adam. "Legal Implications of the Law of Child Act on the Intestate Rules of Customary Law in Tanzania." East African Journal of Law and Ethics 6, no. 1 (October 29, 2023): 30–41. http://dx.doi.org/10.37284/eajle.6.1.1541.

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This paper explores legal implications of Child Act, 2009 concurrently with the intestate rules of customary law in Tanzania (to be on referred as intestate rules). From the discussion it is evident that little study has been done on this area of law since the colonial masters left 60 years ago. The main issue that this paper identifies is the inequality in provisions of the intestate succession laws, which is contrary to the provisions of equality, brought about by the Law of Child Act dispensation. The article also seeks to unearth contradictory application of the intestate rules of customary law in Tanzania. Reference is made to the leading judicial decisions which directly affects and alters the intestate rules. This is followed by a brief discussion of unequal intestate rules and judicial decisions. The inroads to be made in order to improve children right to parental property in this field of intestate rules are suggested including reform in this area of law. This study is limited to the applicability of codified intestate rules from patrilineal societies as provided under the Local Customary Law Declaration Order (NO. 4), GN 346/1963(to be referred as GN 436/63 to be referred as GN 436)

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Dancer, Helen. "An Equal Right to Inherit? Women’s Land Rights, Customary Law and Constitutional Reform in Tanzania." Social & Legal Studies 26, no. 3 (January 10, 2017): 291–310. http://dx.doi.org/10.1177/0964663916677560.

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This article explores contemporary contestations surrounding women’s inheritance of land in Africa. Legal activism has gained momentum, both in agendas for law reform and in test case litigation, which reached the United Nations Committee on the Elimination of Discrimination against Women in ES and SC v. United Republic of Tanzania. Comparing the approach of Tanzania to that of its neighbours, Uganda, Kenya and Rwanda, this article explores patterns of resistance and omission towards enshrining an equal right to inherit in land and succession laws. It identifies two main reasons: neoliberal drivers for land law reform of the 1990s and sociopolitical sensitivity surrounding inheritance of land. It argues that a progressive approach to constitutional and law reform on women’s land rights requires understanding of the realities of claims to family land based on kinship relations. It calls for a holistic approach to land, marriage and inheritance law reform underpinned with constitutional rights to equality and progressive interpretations of living customary law.

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Mlyambina, Yose Joseph. "Concurrent Jurisdiction in Competition Law Enforcement in Tanzania with Some Lessons from the United Kingdom and South Africa." Eastern Africa Law Review 48, no. 1 (June 30, 2021): 249–84. http://dx.doi.org/10.56279/ealr.v48i1.7.

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The enactment of concurrent jurisdiction between the Fair Competition Commission and the economic regulatory authorities in Tanzania after adoption of market economy principles in economic management was not an anomaly but a necessary undertaking. This paper attempts to show that the fact that competition authorities use different rules from those used by regulatory authorities both sets of institutions can facilitate competition. The concurrent jurisdiction guidance provided in the laws governing the existing economic regulatory institutions provide that where two legally mandated institutions coincide in dealing with an issue, no law overrides the other unless it is expressly stated in the relevant legislation. In such a situation the issue is referred to the Minister. The paper’s main suggestion is that concurrent jurisdiction in the Acts presupposed a single oversight Ministry for both FCA and regulatory authorities which is currently not the case in Tanzania today. Drawing lessons from similar authorities in the United Kingdom and South Africa, this paper has proposed that Tanzania should establish a Tanzania Competition Network (TCN) to act as forum for cooperation between FCC, economic regulatory authorities and Government officials responsible for competition and regulatory issues. Key Words: Competition, concurrent jurisdiction, competition authorities, oversight Ministry, economic regulatory authorities.

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Journal articles on the topic 'Law, tanzania'

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