Theses (PhD)

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    Legal framework of central-local government administrative relationship and its implication on the autonomy of local government authorities in Mainland Tanzania
    (Mzumbe University, 2017) Mnyasenga, Thobias Raphael
    The purpose of this study was to examine the legal framework of central-local government administrative relationship and its implication on the autonomy of Local Government Authorities (LGAs) in the exercise and discharge of their statutory powers and functions in Mainland Tanzania. The study was necessary because though the government amended the local government laws in the implementation of its local government reform programme undertaken in 1998-2014, the legal framework of central-local government administrative relationship is still unclear. The LGAs still find themselves under the influence and strong control of the central government in the exercise of their statutory powers and in carrying out their statutory functions. This called for the need to examine the implication of this relationship on the autonomy of LGAs because local government autonomy is important if LGAs are to function effectively. The study was confined to Mainland Tanzania only and adopted qualitative and cross-sectional survey to collect data using documentary review and in-depth interviews. The survey was conducted in six Councils, at the PO-RALG and at Mzumbe University. A sample of fifty five (55) respondents was involved. The data obtained was analyzed and interpreted through qualitative technique. The study found that the law on central-local government administrative relationship in Mainland Tanzania is found in different scattered pieces of legislation. The Constitution is silent and none of the legislations states with precision the central-local government administrative relationship. This weighs down the autonomy of LGAs. The study recommends that the Constitution of the United Republic of Tanzania which establishes LGAs should state with precision the relationship between the central government and LGAs. In addition, the local government legislation should be reviewed in order to come up with a comprehensive legislation that will regulate the central-local government administrative relationship in Mainland Tanzania.
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    How to regulate Information and Communications Technology?: A jurisprudential inquiry into legislative and regulatory techniques
    (Stockholm University, 2015) Ubena, John
    ICT transformations digitalisation, computerisation and distributed networks have enabled emergence of new goods, services and applications that have changed the way behaviours are conducted. Moreover, ICT goods have been transformed into services, blurring established legal categories. ICT transformations have also brought conflicts of interests and imbalances of new kinds. In other cases fundamental rights have been threatened. Use of traditional legislative techniques (TLTs) based on command and control regulation has often resulted in banning certain applications or criminalising behaviours. But such an approach risks stifling innovation, and expanding the imbalances. TLTs frequently also face practical ineffectiveness. To address the problem, emerged a New Regulatory Culture (NRC), reflecting a number of complementary regulatory approaches, e.g. strategies based on freedom of contract, technical measures of protection, proactive means based on economic incentives, disclosures, and a shift from behaviour norms to duty of care norms. This study explores shortcomings of the TLTs and draws the potentialities and risks of the NRC approaches in ICT regulation. The criteria for assessing the approaches include functional effectiveness and the ability to uphold the Rule of Law and fundamental rights. Three problem areas in ICT law are analysed: digital copyright, Voice over Internet Protocol and net neutrality. It is concluded that the understanding of shortcomings of TLTs regime, its development into NRC as well as grasping the NRC’s potentialities and risks in ICT regulation is beneficial. Such broader understanding may help to identify ICT regulatory problems parallel with improving the regulatory framework and enable regulation to steer technology transformations without compromising other interests. This is important because the different types of NRC approaches may be suitable for diverse ICT regulatory problems and regulatory purposes.
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    Legal framework of central-local government administrative relationship and Its implication on the autonomy of local government authorities in Mainland Tanzania
    (Mzumbe University, 2017) Mnyasenga, Thobias, R.
    The purpose of this study was to examine the legal framework of central-local government administrative relationship and its implication on the autonomy of Local Government Authorities (LGAs) in the exercise and discharge of their statutory powers and functions in Mainland Tanzania. The study was necessary because though the government amended the local government laws in the implementation of its local government reform programme undertaken in 1998-2014, the legal framework of central-local government administrative relationship is still unclear. The LGAs still find themselves under the influence and strong control of the central government in the exercise of their statutory powers and in carrying out their statutory functions. This called for the need to examine the implication of this relationship on the autonomy of LGAs because local government autonomy is important if LGAs are to function effectively. The study was confined to Mainland Tanzania only and adopted qualitative and cross- sectional survey to collect data using documentary review and in-depth interviews. The survey was conducted in six Councils, at the PO-RALG and at Mzumbe University. A sample of fifty five (55) respondents was involved. The data obtained was analysed and interpreted through qualitative technique. The study found that the law on central-local government administrative relationship in Mainland Tanzania is found in different scattered pieces of legislation. The Constitution is silent and none of the legislations states with precision the central-local government administrative relationship. This weighs down the autonomy of LGAs. The study recommends that the Constitution of the United Republic of Tanzania which establishes LGAs should state with precision the relationship between the central government and LGAs. In addition, the local government legislation should be reviewed in order to come up with a comprehensive legislation that will regulate the central-local government administrative relationship in Mainland Tanzania.
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    Assessment of legal and practical challenges in the realisation of the right to health in Tanzania
    (University of Dar es Salaam, 2018) Temba, Ferdinand, M
    This study examines the realisation of the right to health in Tanzania. The study reveals that the Constitution of the United Republic of Tanzania does not provide for the right to health making it difficult to enforce it under the Basic Rights and Duties Enforcement Act. However, the state has established defined structure of the health system, i.e. the public health sector; private health sector; and traditional and alternative practice health sector. The introduction of health reforms such as introduction of primary health care, decentralisation by devolution of health services, adoption of public private partnership (PPP) and the introduction of health insurance has to a large extent improved the accessibility of the right to health. The study nonetheless submits existence of challenges in the realisation of the right to health under the current health system ranging from lack of constitutional provisions on the right to health, poverty, budgetary constraints and a shortage of health professionals. Besides, lack of accountability and transparency, shortage of essential medicines and medical facilities and inequality affects the realisation of the right to health in Tanzania. The study, therefore recommends to enact the right to health, to the constitution; fighting poverty; increasing the national budget to the health sector; employing and training health professionals; enhancing decentralisation of health care service provision; adoption of a scheme towards universal health coverage; creating awareness on the importance of health insurance; and enhancing accountability and transparency in the government