Dissertations (Masters)

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Browsing Dissertations (Masters) by Author "Kilala, Bufungile"

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    The right to freedom of assembly and its legal limitations in Tanzania
    (Mzumbe University, 2016) Kilala, Bufungile
    The study focused on the right to freedom of assembly and its legal limitations in Tanzania. The right is one of the civil and political rights guaranteed in the Constitution of the United Republic of Tanzania 1977. The objectives of the research were based on three fold: firstly, to examine permissible limitations on the right to freedom of assembly and the observation of democratic system in Tanzania; secondly, to examine the protection of the right to freedom of assembly in a practical sense and thirdly to observe the powers and duties of the Police in relating to freedom of assemblies. The study involved an extensive description and analysis of single situation in Dar es Salaam region as a case study. The study deployed both primary and secondary data to review relevant sources of material. Questionnaire and interview were used to collect primary data. Sample size selected were 100 respondents, but only 85 respondents actually responded. Among them 15 were interviewed, 70 through questionnaire. Also, secondary data were reviewed and collected in the libraries as well as in different websites. The study deployed a detailed library research which involved analysis of the problem through statutes, text books; journal articles, case law and relevant website were accessed. The presentations of data finding were converted into percentage to bring the impression of the result. The major finding is that the weakness of the law has led to misinterpretations of the reasons of the allowable limitations clause of the right to freedom of assembly. The research was recommending that Tanzania government authorities and police institution should implement effectively their power granted by law and protecting participants of public assemblies, rather than infringing their rights. Also, government should amend limitations in the Police Force and Auxiliary Services Act, cap 322 RE 2002 that are too vague and can therefore result in an overly restrictive and/or arbitrary application of the law. Therefore, it should carry out a comprehensive review in order to abolish provisions of the law which infringes the right to freedom of assembly.