Economic & Commercial Law

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    Investment and land disputes in Tanzania: A vehicle for investment legal reform
    (Mzumbe University, 2013) lendita, Simon W
    Land is the natural vital asset owned by person or persons. Although land plays a major role in social and economic development, its management remains doubtful in Tanzania. Land has become strength of the Tanzania Investment Center in advertising and promoting investment in the country. For this reason the land laws of 1999 (Land Act No. 4 and the Village Land Act No. 5) reflect the disposition of land for investment purposes especially acquisition of land by foreign investors. Laws governing access to land remains subject to criticism as land disputes between investors who allocated land and the surrounding local communities keeps on increasing across the country. This dissertation comprises five chapters whereby Chapter one provides for the background to the problem, statement of the research problem, objective of the study, literature review and research methodology. Chapter two covers the historical background of land tenure system in Tanzania. Chapter three provides for acquisition of land for investment purposes in Tanzania; legal framework. Chapter four provides for the extent to which land laws regulate acquisition of land for investment purposes in Tanzania. The fifth chapter provides for the General conclusions and recommendations. The researcher used qualitative method in conducting the study. The sample technique employed in carrying out the study was purposive and the researcher administered questionnaires and interview to sample individuals. The study aimed to critically study and evaluate the whole process involving the acquisition of land for investment purposes and to investigate the factors contributing to land disputes between investors and surrounding local communities. This is the study carried out for academic purposes as a mandatory requirement for the award of Master‘s degree of laws (LL.M Commercial law) at Mzumbe University. The study used qualitative approach which involves literature review, interview and questionnaire
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    Critical assessment of the challenges faced by ZIPA in ensuring investors’ compliance to intended investment
    (Mzumbe University, 2014) Juma, Faraji S
    This study is about critical assessment of challenges faced by ZIPA in ensuring investors‟ compliance to intended investment. This research was aimed at examining the challenges faced by ZIPA in ensuring investors‟ compliance to intended investment in Zanzibar. In realizing this goal, the tourism sector was chosen as a focal study in this research and the researcher examined the Zanzibar Investment Promotion and Protection Act 2004, the Zanzibar Employment Act 2005, the Immigration Act, 1997 (Revised Law), the Zanzibar Tourism Act 2009, the Transfer Land Act 1994 and the Land Tenure Act 1992 so as to assess those challenges in ensuring the investors‟ compliance to intended investment. This study was basically a qualitative research which was aimed at enabling collection of detailed information about the problem under study. The researcher used interview guides and questionnaires as tools of collecting detailed information from the respondents. Kinds of sampling being used in this study, was purposive sampling where total of 22 respondents; among them, there were investors, lawyers and other stakeholders. This number and kind of respondents provided good findings concerning challenges faced by ZIPA in ensuring investors‟ compliance to intended investment are as there is the weakness of the legal frameworks in Zanzibar, there is a bureaucracy and corruption in the government institutions and failure of the government to harmonize the East African laws. Also, disputes in the society and the absence of the legally recognized rules of investment. In this, the researcher recommended that the government has to review all laws of investment as well as the corruption law in order the investors to comply them attentively and due to the union of East African Community, the harmonization of laws is also very important. The government has to reset ZIPA to be as a really One Stop Centre.
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    The role of corporate social responsibility in achieving the corporate objectives: A case study of Songas.
    (Mzumbe University, 2016) Leka, Dennis C.
    Corporate Social Responsibility (CSR) is essential towards the success of corporations. Its essence is in making corporations part of the community in assisting its development through establishing projects, as a way of sharing part of their success to the marginalized communities. At the same time, it assists the corporation in achieving the objectives it was set for by involving the stakeholders. In Tanzania, the practice of CSR is still largely voluntary despite having legislations such as The Extractive Industries Act of 2015, The Mining Act of 2010, The Petroleum Act of 2015 and The Environmental Management Act of 2004 that have provisions that require companies to have CSR. The provisions of the former Acts are not binding to companies that are of other nature of business other than what has been provided in the Acts save for the later Act that cuts across almost all nature of companies. This creates uncertainty on its regulation and hence underscoring the role of CSR towards achieving the corporate objectives. This study was centered on knowing the role of CSR and how it helps the company meet its objectives guided by the research question as to what is the role of corporate social responsibility. The research was conducted in Dar-es-salaam and Lindi regions in which a case study design was adopted. A sample of 15 respondents was involved in the study. The sample was obtained through purposive sampling. Data was collected using interviews, questionnaires, focus group discussion and documentary review and was analyzed using qualitative analysis and simple arithmetic in order to arrive into conclusions. The research has found that there is a serious loophole in the legal framework that was expected to address CSR. The study recommends to the Government and policy makers to have a comprehensive CSR law that will bind corporations to practice CSR in assuring that they meet their objectives and bring about sustainable development hence reduce the government's burden. The companies are also advised to practice CSR in assuring they meet their objectives and maximize shareholders income.