Dissertations (Masters)

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A Critical analysis of the Law of the Child Act on the Protection of Children against Sexual Violence
(Mzumbe University, 2016) Kweka, Deckrine Dominic
For quite a long time children protection has been given less attention. As a result children are facing several violence and abuses including sexual violence. An era came when children protection began to be considered since children began to be treated as human beings in the community. That was propagated when the CRC and ACRWC came into force. Despite the fact that Tanzania has ratified these aforementioned instruments in 1991 and 2003 respectively, she took almost twenty good years since the ratifications of these instruments to enact the law specific for children. It was on the 4 th November 2009 when the Law of the Child Act was enacted. The purpose of enacting this Act was to provide adequate protection to children against any form of violence including sexual violence, unfortunately child sexual violence and abuses are continuing to take place in Tanzania. The aim of this study is to critically analyse the adequacy of the Law of the Child Act in protecting children against sexual violence/abuse. The researcher deployed both library and field research. Library research involved an analysis of the problem through text books, journals, articles, reports, statutes and other relevant materials available. The researcher further conducted a field research and collected data relevant to the study, where Babati District in Manyara region was opted as area of the study. Given the objective of the research, the targeted population was 48 respondents which involved State Attorneys, Police Officers, Magistrates, Advocates, Social Welfare Officers, Medical Doctors, children and parents/guardians. Therefore, it is concluded that, the Law of the Child Act does not adequately provide protection to children against sexual violence, the institutions established under the Act are weak in guaranteeing comprehensive children protection against sexual violence and there are other factors hindering the implementation of the Child Act towards children protection against sexual violence. In concluding, possible solutions that can be used to solve this problem have been pointed out.
A critical analysis of the law of the child act, 2009 on the protection of children against sexual violence
(Mzumbe University, 2016) Kweka, Deckrine Dominic
For quite a long time children protection has been given less attention. As a result children are facing several violence and abuses including sexual violence. An era came when children protection began to be considered since children began to be treated as human beings in the community. That was propagated when the CRC and ACRWC came into force. Despite the fact that Tanzania has ratified these aforementioned instruments in 1991 and 2003 respectively, she took almost twenty good years since the ratifications of these instruments to enact the law specific for children. It was on the 4th November 2009 when the Law of the Child Act was enacted. The purpose of enacting this Act was to provide adequate protection to children against any form of violence including sexual violence, unfortunately child sexual violence and abuses are continuing to take place in Tanzania. The aim of this study is to critically analyse the adequacy of the Law of the Child Act in protecting children against sexual violence/abuse. The researcher deployed both library and field research. Library research involved an analysis of the problem through text books, journals, articles, reports, statutes and other relevant materials available. The researcher further conducted a field research and collected data relevant to the study, where Babati District in Manyara region was opted as area of the study. Given the objective of the research, the targeted population was 48 respondents which involved State Attorneys, Police Officers, Magistrates, Advocates, Social Welfare Officers, Medical Doctors, children and parents/guardians. Therefore, it is concluded that, the Law of the Child Act does not adequately provide protection to children against sexual violence, the institutions established under the Act are weak in guaranteeing comprehensive children protection against sexual violence and there are other factors hindering the implementation of the Child Act towards children protection against sexual violence. In concluding, possible solutions that can be used to solve this problem have been pointed out.
A critical analysis of the law of the Child Act, 2009 on the protection of children against sexual violence
(Mzumbe University, 2016) Deckrine, Dominic. K.
For quite a long time children protection has been given less attention. As a result children are facing several violence and abuses including sexual violence. An era came when children protection began to be considered since children began to be treated as human beings in the community. That was propagated when the CRC and ACRWC came into force. Despite the fact that Tanzania has ratified these aforementioned instruments in 1991 and 2003 respectively, she took almost twenty good years since the ratifications of these instruments to enact the law specific for children. It was on the 4th November 2009 when the Law of the Child Act was enacted. The purpose of enacting this Act was to provide adequate protection to children against any form of violence including sexual violence, unfortunately child sexual violence and abuses are continuing to take place in Tanzania. The aim of this study is to critically analyse the adequacy of the Law of the Child Act in protecting children against sexual violence/abuse. The researcher deployed both library and field research. Library research involved an analysis of the problem through text books, journals, articles, reports, statutes and other relevant materials available. The researcher further conducted a field research and collected data relevant to the study, where Babati District in Manyara region was opted as area of the study. Given the objective of the research, the targeted population was 48 respondents which involved State Attorneys, Police Officers, Magistrates, Advocates, Social Welfare Officers, Medical Doctors, children and parents/guardians. Therefore, it is concluded that, the Law of the Child Act does not adequately provide protection to children against sexual violence, the institutions established under the Act are weak in guaranteeing comprehensive children protection against sexual violence and there are other factors hindering the implementation of the Child Act towards children protection against sexual violence. In concluding, possible solutions that can be used to solve this problem have been pointed out.
A critical analysis of the law of the child act, 2009 on the protection of children against sexual violence
(2016) Kweka, Deckrine Dominic
For quite a long time children protection has been given less attention. As a result children are facing several violence and abuses including sexual violence. An era came when children protection began to be considered since children began to be treated as human beings in the community. That was propagated when the CRC and ACRWC came into force. Despite the fact that Tanzania has ratified these aforementioned instruments in 1991 and 2003 respectively, she took almost twenty good years since the ratifications of these instruments to enact the law specific for children. It was on the 4th November 2009 when the Law of the Child Act was enacted. The purpose of enacting this Act was to provide adequate protection to children against any form of violence including sexual violence, unfortunately child sexual violence and abuses are continuing to take place in Tanzania. The aim of this study is to critically analyse the adequacy of the Law of the Child Act in protecting children against sexual violence/abuse. The researcher deployed both library and field research. Library research involved an analysis of the problem through text books, journals, articles, reports, statutes and other relevant materials available. The researcher further conducted a field research and collected data relevant to the study, where Babati District in Manyara region was opted as area of the study. Given the objective of the research, the targeted population was 48 respondents which involved State Attorneys, Police Officers, Magistrates, Advocates, Social Welfare Officers, Medical Doctors, children and parents/guardians. Therefore, it is concluded that, the Law of the Child Act does not adequately provide protection to children against sexual violence, the institutions established under the Act are weak in guaranteeing comprehensive children protection against sexual violence and there are other factors hindering the implementation of the Child Act towards children protection against sexual violence. In concluding, possible solutions that can be used to solve this problem have been pointed out.
An Assessment on the effectiveness of Parliamentary control over Delegated Legislation in Tanzania, A case of Subsidiary Legislation Committee
(Mzumbe University, 2013) Mtui, Elihaika Henry
This study examines the effectiveness of Parliament in the controlling over delegated legislation in Tanzania, specifically the parliamentary Subsidiary Legislation Committee. The problem addressed in the study is that, despite the parliament having been empowered by the Constitution of United Republic of Tanzania to delegate its legislative power to executive authorities to enact subsidiary legislation, little has been done by the law to ensure the proper legislative control over delegated legislation, a case which result to inconsistencies in laws and practice. The study is mainly based on primary data collected through review of literary works and questionnaire given to selected personalities. The result of the study reveals that Parliament delegates its legislative power to the executive authorities and granted itself an obligation to oversee authorities without enacting a law which will empower the organ to do so. This is to say there is no hard and fast rule which bind executive authorities to stick fast to the Act of parliament while making of delegated legislation as a result the authorities fails to adhere to the procedure stipulated under the law. The study also revealed that the confusion of parliament as to which procedure to follow in the control of delegated legislation is caused by the parliament itself as it enacted various provision with various procedures for making of subsidiary legislation in Tanzania. This made the organ to play little role in the control of delegated legislation in Tanzania. It is therefore recommended that there is a need for parliament to restructuring on the issue of control of delegated legislation in Tanzania by increasing much power and provide uniformity procedures to allow parliament and its committee to watch on delegated legislation properly. Parliament should enact single legislation which provides for parliamentary control over delegated legislation in Tanzania. Last capacity building is required for Members of Parliament to be able to oversee legislation properly; they should be in a position to understand the power they delegate and the effect brought by abuse of such power. By so doing the organ will play its role effectively.
An assessment on the effectiveness of parliamentary control over delegated legislation in Tanzania: a case study of parliamentary committee on subsidiary legislation
(Mzumbe University, 2013) Mtui, Elihaika Henry
This study examines the effectiveness of Parliament in the controlling over delegated legislation in Tanzania, specifically the parliamentary Subsidiary Legislation Committee..The problem addressed in the study is that, despite the parliament having been empowered by the Constitution of United Republic of Tanzania to delegate its legislative power to executive authorities to enact subsidiary legislation, little has been done by the law to ensure the proper legislative control over delegated legislation, a case which result to inconsistencies in laws and practice. The study is mainly based on primary data collected through review of literary works and questionnaire given to selected personalities. The result of the study reveals that Parliament delegates its legislative power to the executive authorities and granted itself an obligation to oversee authorities without enacting a law which will empower the organ to do so. This is to say there is no hard and fast rule which bind executive authorities to stick fast to the Act of parliament while making of delegated legislation as a result the authorities fails to adhere to the procedure stipulated under the law. The study also revealed that the confusion of parliament as to which procedure to follow in the control of delegated legislation is caused by the parliament itself as it enacted various provision with various procedures for making of subsidiary legislation in Tanzania. This made the organ to play little role in the control of delegated legislation in Tanzania. It is therefore recommended that there is a need for parliament to restructuring on the issue of control of delegated legislation in Tanzania by increasing much power and provide uniformity procedures to allow parliament and its committee to watch on delegated legislation properly. Parliament should enact single legislation which provides for parliamentary control over delegated legislation in Tanzania. Last capacity building is required for Members of Parliament to be able to oversee legislation properly; they should be in a position to understand the power they delegate and the effect brought by abuse of such power. By so doing the organ will play its role effectively.
Combating witchcraft based violations of the right to life of albinos in Tanzania: A critique on law and other measures
(Mzumbe University, 2016) Loitare, Emanuel
Tanzania is experiencing the unprecedented attacks and killings of persons with Albinism (PWA); this is the tragedy which currently the nation is facing. The statistics from 2006 to 2015 show 156 incidents have been reported in Tanzania; 75 killings, 62 maimed and crippled survivors, 1 abduction, 16 grave desecrations and 2 attempt grave desecration by organ hunters. According to UNHCHR report, these atrocities are geared by witchcraft beliefs based on the notion that body parts of PWA have magical powers capable of making non-albinos wealthy and prosperous. Such acts violate the right to life, and the right to security enshrined under the Constitution of the United Republic of Tanzania and, various international human rights treaties. The attacks and killings are continuing despite the existing law termed the Witchcraft Act Cap 18 R.E 2002, which has been in place since the colonial era. The continuation of the atrocities prompted the government of Tanzania to adopt administrative measures such as Public awareness campaigns, Temporary holding centers and Secret ballots but still the attacks and killings continued as in 2015, five incidents were reported. Therefore, this dissertation focuses on the assessment of the effectiveness and adequacy of the Witchcraft Act, together with Administrative initiatives adopted by the government in the Protection of PWA. It also focuses to give recommendations on how to do away with violations of the right to life of PWA. The study employed simple survey design to make sure that the required data is gathered. The study used a sample size of 135 respondents who were obtained through purposive sampling. Data were collected by using interviews and questionnaires. The findings revealed that the witchcraft Act is blunt, insufficient and useless as far as the witchcraft practices are concerned, and administrative measures taken to curb the problem were inadequate that is why the problem is still persisting. The suggested permanent solution is massive public education so as to change the mindset of the people.
Combating witchcraft based violations of the right to life of albinos in Tanzania: a critique on law and other measures
(Mzumbe University, 2016) Loitare, Emmanuel
Tanzania is experiencing the unprecedented attacks and killings of persons with Albinism (PWA); this is the tragedy which currently the nation is facing. The statistics from 2006 to 2015 show 156 incidents have been reported in Tanzania; 75 killings, 62 maimed and crippled survivors, 1 abduction, 16 grave desecrations and 2 attempt grave desecration by organ hunters. According to UNHCHR report, these atrocities are geared by witchcraft beliefs based on the notion that body parts of PWA have magical powers capable of making non-albinos wealthy and prosperous. Such acts violate the right to life, and the right to security enshrined under the Constitution of the United Republic of Tanzania and, various international human rights treaties. The attacks and killings are continuing despite the existing law termed the Witchcraft Act Cap 18 R.E 2002, which has been in place since the colonial era. The continuation of the atrocities prompted the government of Tanzania to adopt administrative measures such as Public awareness campaigns, Temporary holding centers and Secret ballots but still the attacks and killings continued as in 2015, five incidents were reported. Therefore, this dissertation focuses on the assessment of the effectiveness and adequacy of the Witchcraft Act, together with Administrative initiatives adopted by the government in the Protection of PWA. It also focuses to give recommendations on how to do away with violations of the right to life of PWA. The study employed simple survey design to make sure that the required data is gathered. The study used a sample size of 135 respondents who were obtained through purposive sampling. Data were collected by using interviews and questionnaires. The findings revealed that the witchcraft Act is blunt, insufficient and useless as far as the witchcraft practices are concerned, and administrative measures taken to curb the problem were inadequate that is why the problem is still persisting. The suggested permanent solution is massive public education so as to change the mindset of the people.
Comparative analysis of the procedures for adjudication of labour disputes under the repealed and the new labour legislation of Tanzania
(University of Dar es Salaam, 2009) Kadilu, Mwajuma
This study is about the comparative analysis of the procedures for adjudication of labour disputes under the repealed and the new labour legislation. The study compares the speed of resolving labour disputes under the repealed laws with the one in the new labour legislation of 2004. The study involved library research so as to lay down the theoretical framework of the study. Field research was conducted in order to support the theoretical work by gathering relevant information from various respondents. Mainly, collection of data involved oral interviews and observation methods. This study found out that the procedures for resolving labour disputes under the new labour legislation are expeditious compared with the ones in the repealed laws. It was concluded that although the new laws provide for expeditious procedures for adjudication of disputes, practice of the Labour Court shows the contrary. The basis for this conclusion is that the Labour Court failed to adjudicate even a single dispute within nine months of its operation. In the end, the study recommends that the CMA needs to be empowered to execute its own decisions in order to eliminate backlog of cases in the Labour Court, most of them being on enforcement of the CMA’s awards. Also it is recommended that for the sake of justice, there should be provisions in the new labour legislation allowing appeals from the Labour Court to the Court of Appeal to be on matters of both fact and law.
Curbing electoral expenses malpractices in Tanzania: An assessment of election expenses act of 2010
(Mzumbe University, 2016) Mrango, Karen
The purpose of this research was to assess the Election Expenses Act 2010 on how it curbs election expenses malpractices. In order to assess this researcher categorized the research paper into five chapters. This research paper was conducted in Dar es Salaam because relevant offices regarding Election Expenses Act, 2010 are situated in Dar es Salaam. The objectives of this research were to examine the laws on electoral expenses and the extent to which they have succeeded to solve the election financing problem during elections, to determine the extent to which the electoral expenses laws and practices can curb election expenses malpractices in Tanzania and to determine which changes should be made to election expenses act 2010 to make the law more effective. The research used both primary and secondary methods of data collection from twenty two respondents. The use of these two methods was for the purposes of more information. The result of the study shows that the Election Expenses Act 2010 is ineffective to curb election expenses malpractices. The reasons for the above conclusion is the lack of political willingness of the government, non-compliance of the law by the candidates and political parties, financial constrains to the ORPP so as to implement the law, overlapping of functions between NEC and ORPP, lack of clarity of the law, lack of manpower and tools to implement the law and lack of civic education. These circumstances have made the election expenses act 2010 not to function according to the objective and aim behind its establishment. The study recommends for amendment of the law to provide clear definitions, increase the penalties, the disclosure of party finances should be mandatory and published so as the public could see, more civic education should be provided, the ORPP should be establish sub-offices all over the country due to the magnitude of their work.
Enforcement and implementation of environmental laws and the protection of mining
(Mzumbe University, 2013) Kileo, Emmanuel L.
The ecological problems in mining areas in Tanzania are increasing despite of the existing environmental laws. The research proves laws are ineffective to curb the environmental problems. This ineffectiveness of the laws is evidenced by increasing environmental degradation. Thus, the dissertation dealt with the critical analysis of the enforcement and implementation of environmental laws in Tanzania. The research also includes international environmental laws as Tanzania is a signatories of various international environmental treaties, participate in various global environmental conferences where declarations were made, aiming to protect environment. The research paper has a total of six chapters. The research at chapter one gives the general introduction of the research paper, this includes background, statement of the problem, hypotheses, objectives, significance of the research, literature reviews and research methodology. Chapter two is the conceptual framework whereby different concepts relating to the study have been discussed. Chapter three covers the international legal regime on environmental protection in mining areas. Chapter four has covered Tanzania laws on environment and environmental managerial structure in mainland Tanzania. Chapter five is the findings and analysis of the data collected. This main part forms the main body of the research paper guided by the four hypotheses for testing the objectives of the research. Lastly is chapter six which the researcher has come into the conclusion and recommendations to the problem. The materials used in writing this work were gathered by employing two techniques, these are; documentary review and field research. The research revealed that public officials entrusted on environmental protection have no commitment to perform their duties. Also, the law lack enabling provisions for enforcement and implementation of the laws. Lastly is the constitution which lack expressly provisions on environment. Inter alia it is recommended that the constitution to be amended and other laws to include exhaustive provisions addressing environmental protection in expressively manner and feasible enforceable
Exploring a sustainable anti-corruption regime for Tanzania
(University of the Western Cape, 2017) Lukiko, Lukiko Vedastus
Corruption is among the world's devastating social, economic and political problems. It is enormous to the extent that ''not one single country, anywhere in the world, is corruptionfree''. Its effects on the quality of life of billions of people around the world are widely acknowledged. Kofi Annan, former UN Secretary General, in his statement on the adoption of the United Nations Convention against Corruption (UNCAC), proclaimed that: Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life, and allows organised crime, terrorism and other threats to human security to flourish. Corruption takes different forms depending on the time and the social, political and economic circumstances that create avenues for its occurrence. Consequently, scholars construe corruption from different viewpoints. On the one hand, post-colonialists and Marxists perceive corruption as a product of capitalist pursuit of profit and capital accumulation. On the other hand, liberal-rationalists and free-market economists define corruption by looking at its negative effects on development and economic sustainability. The argument is that corruption discourages foreign investment and allows public officials to siphon off resources for their private advantage, thereby defeating the public good. Despite the definitional and ideological differences found in literature, there is an agreement that corruption is a bad thing and should be fought vigorously.
Law as the basic regulatory organ of the society: the case of abuse of fundamental human rights by the police force in Tanzania
(Mzumbe University, 2013) Kilatu, Edson
This study was tailored along four specific objectives. First, it explored the checks against abuse of fundamental human rights put in place in Tanzanian context; secondly it covered statutory measures available for abuse of the fundamental human rights. It also explored the procedures for channeling complaints against abuse of the rights and lastly the extent which the Tanzania Police Force abides by the international police standards hence various international policing ideals were discussed. The police ideals include autonomy and impartiality, legality, proportionality and reasonableness as well as the necessity of Police Actions. The study covered both primary and secondary data. It employed three research methods to obtain primary data namely interview, questionnaire and Focus Group Discussion. A sample of 100 respondents was randomly chosen, of which 30 were interviewed, 60 through questionnaire and 10 participated in Focus Group Discussion. The research involved descriptive data analysis where data were converted into percentage to bring the impression of the findings. The study revealed various forms of abuse including dubious cases, unlawful arresting and detention without taking the matter to the court of law timely, extrajudicial killings, torture and inhumane treatment. Also various legal challenges were depicted. The law governing the TPF is ineffective in such a way to warrant abuse of the fundamental rights. There is a need for significant legal reforms for the sake of protecting the fundamental human rights. To that end several recommendations for improving human rights-centred policing were recommended. It recommended among other things for domestication of all core International Human Rights Instruments, hedging the Police Force against Political pressure, simple procedures for channeling complaints and substantial reforms of the Commission for Human Rights and Good Governance (CHRAGGP).
Mal -administration of justice by ward tribunals in Tanzania: an assessment of their legal setup
(Mzumbe University, 2016) Byabato, Stephen
It is the duty of the government of the day to serve its citizens in a manner upon which the government can justify its presence in power and command to stay in power. In making sure it stays in power to save people, the government employ new means now and then to try to meet the needs of people in a speed, just, fair and low cost means. Way back to 1985 in Tanzania, there were established the Ward Tribunals (which are under the Executive arm of the state) for the purpose of lessening the bulk load of cases to the judicially, attaining the decisions of disputes at a great speed and low costs without much technicalities. With time, the functions of these Ward Tribunals have expanded from being the mainly mediation bodies to an institution giving a binding decision upon which the appeal from its decision can be preferred from the DLHT level until the Court of Appeal. There have been claims of these WTs to mishandle justice to the litigants before them. This Mal Administration of Justice is claimed to arise out of different corners, the major one being the legal setup of the WTs as established under the establishing Act. The researcher here conducted a research to determine how far the legal setup of the Ward Tribunal affects the administration of justice in disputes referred before. Choosing Bukoba District to be a survey study (specifically in Bakoba, Nshambya, Kashai, Nyakato and Karabagaine WTs), through observation, interviews and questionnaires, the researcher concentrated to find out as to how the administration of justice in the WTs is affected by their legal frame work on the aspects of members statutory qualifications in relation to the discharge of their functions, the Ward Tribunal's financial capacity to run itself, the controversy on the authority and procedure to discipline the WT members as a whole, and the proper discharge of the functions by the appropriate authorities as all of those are established under the establishing laws. The study draws a conclusion that there is Mal Administration of Justice in WTs caused by their legal setup under the establishing law on the aspects shown herein before. Lastly, this work recommends the major amendment of the establishing law and specifically on the areas of concern mentioned above, this being the best way to do away with the mal administration of justice by the Ward Tribunal in Tanzania.
Mal -administration of justice by ward tribunals in Tanzania: An assessment of their legal setup
(Mzumbe University, 2016) Byabato, Stephen
It is the duty of the government of the day to serve its citizens in a manner upon which the government can justify its presence in power and command to stay in power. In making sure it stays in power to save people, the government employ new means now and then to try to meet the needs of people in a speed, just, fair and low cost means. Way back to 1985 in Tanzania, there were established the Ward Tribunals (which are under the Executive arm of the state) for the purpose of lessening the bulk load of cases to the judicially, attaining the decisions of disputes at a great speed and low costs without much technicalities. With time, the functions of these Ward Tribunals have expanded from being the mainly mediation bodies to an institution giving a binding decision upon which the appeal from its decision can be preferred from the DLHT level until the Court of Appeal. There have been claims of these WTs to mishandle justice to the litigants before them. This Mal Administration of Justice is claimed to arise out of different corners, the major one being the legal setup of the WTs as established under the establishing Act. The researcher here conducted a research to determine how far the legal setup of the Ward Tribunal affects the administration of justice in disputes referred before. Choosing Bukoba District to be a survey study (specifically in Bakoba, Nshambya, Kashai, Nyakato and Karabagaine WTs), through observation, interviews and questionnaires, the researcher concentrated to find out as to how the administration of justice in the WTs is affected by their legal frame work on the aspects of members statutory qualifications in relation to the discharge of their functions, the Ward Tribunal‟s financial capacity to run itself, the controversy on the authority and procedure to discipline the WT members as a whole, and the proper discharge of the functions by the appropriate authorities as all of those are established under the establishing laws. The study draws a conclusion that there is Mal Administration of Justice in WTs caused by their legal setup under the establishing law on the aspects shown herein before. Lastly, this work recommends the major amendment of the establishing law and specifically on the areas of concern mentioned above, this being the best way to do away with the mal administration of justice by the Ward Tribunal in Tanzania.
Mal-administration of justice by ward tribunals in Tanzania: an assessment of their legal setup
(Mzumbe University, 2016) Byabato,Stephen
It is the duty of the government of the day to serve its citizens in a manner upon which the government can justify its presence in power and command to stay in power. In making sure it stays in power to save people, the government employ new means now and then to try to meet the needs of people in a speed, just, fair and low cost means. Way back to 1985 in Tanzania, there were established the Ward Tribunals (which are under the Executive arm of the state) for the purpose of lessening the bulk load of cases to the judicially, attaining the decisions of disputes at a great speed and low costs without much technicalities. With time, the functions of these Ward Tribunals have expanded from being the mainly mediation bodies to an institution giving a binding decision upon which the appeal from its decision can be preferred from the DLHT level until the Court of Appeal. There have been claims of these WTs to mishandle justice to the litigants before them. This Mal Administration of Justice is claimed to arise out of different corners, the major one being the legal setup of the WTs as established under the establishing Act. The researcher here conducted a research to determine how far the legal setup of the Ward Tribunal affects the administration of justice in disputes referred before. Choosing Bukoba District to be a survey study (specifically in Bakoba, Nshambya, Kashai, Nyakato and Karabagaine WTs), through observation, interviews and questionnaires, the researcher concentrated to find out as to how the administration of justice in the WTs is affected by their legal frame work on the aspects of members statutory qualifications in relation to the discharge of their functions, the Ward Tribunal‟s financial capacity to run itself, the controversy on the authority and procedure to discipline the WT members as a whole, and the proper discharge of the functions by the appropriate authorities as all of those are established under the establishing laws. The study draws a conclusion that there is Mal Administration of Justice in WTs caused by their legal setup under the establishing law on the aspects shown herein before. Lastly, this work recommends the major amendment of the establishing law and specifically on the areas of concern mentioned above, this being the best way to do away with the mal administration of justice by the Ward Tribunal in Tanzania
Reasons for chronic existence of prison congestion in Tanzania: critical analysis of the law and practice at Musoma prison
(Mzumbe University, 2016) Matagi, Peter Richard
The purpose of the study was to establish the actual situation of the prisons congestion in Tanzania mainland and its effects to the inmates. The problem which became the outcry not only for inmates both prisoners and remandee themselves, but also is the outcry of the members of their families as well as the nation itself and all the Tanzanian citizens though the impact is indirect. The study has shown the effects to the inmates example grass violation of human rights, homosexual spread of HIV, though the prison of Tanzania mainland are governed and managed by the good written domestic laws, international and Regional legal instruments related to the good treatment of inmates and management of prison. The objective of the study was to examine the lacuna and deficiencies of the components of criminal justice system in Tanzania in the implementation of justice, investigation arrest, prosecution and to sentence one to imprisonment and its effects. The research was deeply based on the reality from inmates themselves at Musoma prisons who successfully showed reasons which lead to prisons‟ congestion in Tanzania Mainland. The researcher used qualitative method to analyze data to enable the researcher to interpret data and at the end make conclusion and recommendations. Findings from the research show that some of the provisions and procedures are badly applied by the components of criminal justice. Though the number of provisions on the legislations relating to criminal justice system in Tanzania are good, they had two way traffic on the advantage of the Republic, for example sections 98(a), 91(1) and 225 (1) & (5), where it is not barred to withdraw and rearrests again, and institute the charge with the same facts. Thus, it is recommended that there should be criteria for application of rules and procedure as well as changing some provisions in some legislation, especially the use of Community Service Act, probation offenders and the presidential pardon.
Reasons for chronic existence of prison congestion in Tanzania: Critical analysis of the law and practice at Musoma prison
(Mzumbe University, 2016) Matag,Peter Richard
The purpose of the study was to establish the actual situation of the prisons congestion in Tanzania mainland and its effects to the inmates. The problem which became the outcry not only for inmates both prisoners and remandees themselves, but also is the outcry of the members of their families as well as the nation itself and all the Tanzanian citizens though the impact is indirect. The study has shown the effects to the inmates example grass violation of human rights, homosexual spread of HIV, though the prison of Tanzania mainland are governed and managed by the good written domestic laws, international and Regional legal instruments related to the good treatment of inmates and management of prison. The objective of the study was to examine the lacuna and deficiencies of the components of criminal justice system in Tanzania in the implementation of justice, investigation arrest, prosecution and to sentence one to imprisonment and its effects. The research was deeply based on the reality from inmates themselves at Musoma prisons who successfully showed reasons which lead to prisons‟ congestion in Tanzania Mainland. The researcher used qualitative method to analyse data to enable the researcher to interpret data and at the end make conclusion and recommendations. Findings from the research show that some of the provisions and procedures are badly applied by the components of criminal justice. Though the number of provisions on the legislations relating to criminal justice system in Tanzania are good, they had two way traffic on the advantage of the Republic, for example sections 98(a), 91(1) and 225 (1) & (5), where it is not barred to withdraw and rearrest again, and institute the charge with the same facts. Thus, it is recommended that there should be criteria for application of rules and procedure as well as changing some provisions in some legislation, especially the use of Community Service Act, probation offenders and the presidential pardon.
Reasons for chronic existence of prison congestion in Tanzania: Critical analysis of the law and practice at Musoma prison
(Mzumbe University, 2016) Matagi, Peter Richard
The purpose of the study was to establish the actual situation of the prisons congestion in Tanzania mainland and its effects to the inmates. The problem which became the outcry not only for inmates both prisoners and remandees themselves, but also is the outcry of the members of their families as well as the nation itself and all the Tanzanian citizens though the impact is indirect. The study has shown the effects to the inmates example grass violation of human rights, homosexual spread of HIV, though the prison of Tanzania mainland are governed and managed by the good written domestic laws, international and Regional legal instruments related to the good treatment of inmates and management of prison. The objective of the study was to examine the lacuna and deficiencies of the components of criminal justice system in Tanzania in the implementation of justice, investigation arrest, prosecution and to sentence one to imprisonment and its effects. The research was deeply based on the reality from inmates themselves at Musoma prisons who successfully showed reasons which lead to prisons‟ congestion in Tanzania Mainland. The researcher used qualitative method to analyse data to enable the researcher to interpret data and at the end make conclusion and recommendations. Findings from the research show that some of the provisions and procedures are badly applied by the components of criminal justice. Though the number of provisions on the legislations relating to criminal justice system in Tanzania are good, they had two way traffic on the advantage of the Republic, for example sections 98(a), 91(1) and 225 (1) & (5), where it is not barred to withdraw and rearrest again, and institute the charge with the same facts. Thus, it is recommended that there should be criteria for application of rules and procedure as well as changing some provisions in some legislation, especially the use of Community Service Act, probation offenders and the presidential pardon.
The efficacy of the law and regulatory mechanisms in combating counterfeit drugs in Tanzania
(Mzumbe University, 2013) Phoibe, Clifford Magili
Counterfeit drugs have been a problem that has for years now been a leading problem in developed and developing countries. It is now at the point that universal abolition appears to be unachievable and a challenge not only to the world but also in Tanzania. The laws and their regulatory mechanisms entrusted are examined and the researcher critically assesses them to see if they are effective to combat counterfeit drugs. For this purpose the researcher has selected Dar es salaam as a case study for easy accessibility of information. Interviews were conducted and questionnaires were distributed to the public, the authorities responsible and drug/medicine dealers. The researcher findings are then related to the overall effectiveness of the law and their regulatory mechanisms by studying their strengths and weaknesses in combating counterfeit drugs. The findings indicated that the law and their regulatory mechanisms are not effective in combating counterfeit drugs thus explains the growing business of counterfeit drugs in the country. The question of how the law and their regulatory mechanisms can be more effective in future is considered. And the researcher recommends that the laws needs reviews and more amendment and in regulatory mechanism there is need to establish special institutions framework responsible to implement the law and that there should be clear regulations that provide specifically the role of each institution. ix LIST OF STATUTES TREATY Trade in Related Aspects of Intellectual Property Rights, Treaty, 1999