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Item An assessment of the law on the use of force under the UN charter in curbing terrorism(Mzumbe University, 2011) Marwa, Charles W.The dissertation assess the law on the use of force under the UN Charter in curbing terrorism in particular. The main question addressed is whether the UN Charter contains provisions to curb terrorism as well as exploring the UNSC Resolutions to that effect. It also assesses the lawfulness of the use of force against terrorism as practices by the US and its allies. It further focuses not only on this specific use of force, but also on the changing nature of conflict, definition of terrorism and on the historical evolution of limitations on the use of force, from 1945 until to date. In the five Chapters which traces the timeline development of international law and use of force in curbing terrorism, limitations on the resort to force in particular to combat terrorism, the use of force in self defense, preemptive self defense, the use of forcible measures short of war, and the use of force in response to non-state actors. Also the study discusses the UNC from its inception, including its relevant provisions which do not provide a conclusive answer, or contain any provision that deal specifically with prohibition of terrorism. The trend shows that in the course of the last two decades, the Charter regime has been re-adjusted so as to permit forcible responses to terrorism under more lenient conditions. The Charter permits two kinds of forcible measures that are; collective responses and self-defense. Hence there is significant doubt as to lawfulness of using force by states against terrorism by other means save for SC authorization. Furthermore, the study major findings and recommendation challenges the common assumption that the use of force against terrorism was an example of states exercising their inherent right to self defense, it argues that if this particular use of force is not challenged, it will lead to expansion of right of self-defense which will hinder rather than enhance international peace and security. Finally, this study draws on recent examples to illustrate the use of force against terrorism could become a dangerousItem Investment and land disputes in Tanzania: a vehicle for investment legal reform(Mzumbe University, 2013) Lendita, Simon WilsonLand 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 questionnaireItem Enforcement of the provisions of the UNCLOS 1982 on marine pollution by marine vessels: case study of Tanzania(Mzumbe University, 2013) Lauden, LeonardThe law of the sea is of systematic importance to the discipline of public international law, it teaches the society about historical, social, economic and political forces that play upon the formation and interpretation of legal principles. It has provided out solutions of different problems worldwide, including marine pollution as it has been indicated on article 199-222 of the UNCLOS III of 1982. Marine pollution is a wide reaching problem and its influence to the health of human populations is great. This paper provides the insight view the enforcement of the law of the sea of 1982 using Tanzania as a case study. The study finds that these kinds of pollutions are not only seriously affecting the human health and economic welfare, but also the animals. It would appear that many coastal states including Tanzania are not keen to watch out the problems caused by marine vessels seemingly infringing what the Convention stands for. The study reveals also the contradiction caused by UNCLOS III via its articles in narrating down the control of marine pollution from marine vessels, hence, raising difficulties in enforcement. It is submitted that states including Tanzania should restructure their policies and regulations to conform to their assumed obligations under the Convention. According to this study, still time left in the hands of global institutions, governments and local bodies to use the 1982 United Nations Conventions on the Law of the Sea to balance the marine problems caused by marine vessels worldwide including Tanzania for safeguarding the interests of marine industry.Item 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 HenryThis 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.Item The legal status of articles of the union in constitution making in Tanzania(Mzumbe University, 2013) Sepere, Eduardo ParpaiThis research is entitled: The Legal Status of Articles of the Union in Constitutional Making in Tanzania. The Articles of Union are the fundamental laws of the Union between The Republic of Tanganyika and the People's Republic of Zanzibar. The articles, therefore, are a marriage certificate between the two independent republics; hence a Union Constitution must derive its mandate from the Articles of the Union. In other words, the Articles of the Union are the foundation of the Tanzanian Union. Thus, writing a new constitution without first renovating the old foundation is like building a new house on an old cracked foundation, and the risk thereon is the collapsing of the new house due to lack of a strong foundation. The objective of the study is to examine and analyze the impact of proceeding with the writing of a new constitution without first remaking the Articles of the Union the very foundation of the union between the Republics of Tanganyika and Zanzibar. This work is a library and partial field research and thus analytical in nature, involving collection of qualitative data, by way of reading books, articles, journals and the media, so as to determine the root causes for such existing challenges. A total of (11) books and (5) Statutes have been consulted to determine the laws, principles and challenges affecting the writing of a new Constitution without amending the basic law, that is the Articles of Union 1964. The study reveals that not only the Articles were in need of major Amendments but also the making and implementation of the articles in 1964 were mainly carried out by two persons, i.e. Mwalimu Julius K. Nyerere, the then President of the Republic of Tanganyika and Abeid Amani Karume, the then President of the People's Republic of Zanzibar. This study recommends that it should have been wiser to hear the wish of the people, the Articles of Union should have been revisited and accordingly amended so as to give the people a road map to the new Union Constitution; since Union problems will never be solved unless the very foundation is made by the people themselves.Item Electronic banking and technological development in Tanzania: A legal analysis(Ruaha Catholic University, 2014) Mukama, RosemaryThis paper reviews banking laws in Tanzania in relation to electronic banking and technological development. It is more than a decade now, since Tanzania engaged in the use of electronic banking. Since electronic banking has higher risks and much used by banks, communication companies and their customers, it is just reasonable to have the law adequately address and protects the electronic banking transactions. Unfortunately, banking laws currently in force are inadequately provide for electronic banking. For example the Bank of Tanzania Act (BoT Act) gives power to the Bank of Tanzania to: establish payment clearing and settlement system; and; make rules and regulations to govern the payment system, but the clearing and settlement system referred designed to save inter-bank transactions and therefore other types of electronic banking are not covered. Furthermore, the rules and regulations bind only participants or members of such payment clearing and settlement system. The BoT Act also gives power to the minister responsible for financial affairs of the United Republic of Tanzania to make regulations so as to give effect to the objectives of the BoT Act. However, regulation on electronic banking has not been made. In 2000 the BoT issued guidelines on payment card to regulate payment through Automated Teller Machine (ATM) and Point of Sale (POS), but the guidelines have no legal force. This situation definitely create some practical legal issues that need attention. It is in this spirit that the author embark on analysing the Tanzania legal regime on electronic banking. The author employed library research used to acquire primary data by surveying the laws of Tanzania relating to banking and also for obtaining secondary data through reading of books, journals, articles and websites. Furthermore, the author have also employed interview banking personnel to enrich primary data. This study shows that, due to inadequacy of the law regulating electronic banking, the undertakings emanate some practical issues which calls for an amendment of the Tanzania legal framework or the enactment of specific legislation to not only electronic banking, but also other cyber laws which will facilitate and protect electronic banking and the banking system in general.Item Amnesty and peace agreements as alternative means to prosecution in international law: a critical analysis of African experience(Mzumbe University, 2014) Samson, LameckSince the mid 1970s, at least 14 states on fours continents have declared amnesty, or enacted amnesty laws immunizing past regimes from accountability and liability.1 Packaged into post-conflict peace agreements, amnesties are ceded by war-weary parties and often endorsed by an international community keen for peace. The aim of this dissertation was to explore African States‟ practice in introducing amnesty laws packaged into post-conflict peace agreements, to perpetrators of atrocities. In so doing, it starts by asking the following questions; are there certain general patterns that should be followed in making the choices that will guide the transitional justice process? And what condition should be followed? Can negotiations with the main perpetrators of large-scale human rights violations bring peace closer? The study found that a post-conflict society has a legal obligation to prosecute and punish the perpetrators, simply because retribution is exactly what most victims of past atrocities want. And indeed, it serves to heal their wounds and to restore their self-confidence because it publicly acknowledges who was right and who was wrong and, hence, clears the victims of any labels of „criminal‟ that were placed on them by the authorities of the past or, indeed, by rebel groups or the new elites. However, it is prudence to consider whether punishment is the appropriate response in any and every context. In fact that at the end of a period of violent repression calls for rebuilding the political machinery and the civil service, security, disarming rebel movements, reorganizing the army, rebuilding infrastructure, establishing a non-partisan judiciary, healing the victims, repairing the damage inflicted on them. These cannot be achieved by prosecuting perpetrators because prosecutions are unlikely to further tasks of national forgiveness and, thus, future peace. Therefore, having found that the researcher examining the possibility of employing Article 53, 17 and 16 of the Rome Statute that seems to allow amnesties to operate. Finally, the study recommends the application of multiple legal mechanisms to bring about accountability and reconciliation in post-conflict transitional societies.Item Tanzania’s compliance with international law on children in conflict with the law: the case study of Zanzibar(Mzumbe University, 2014) Amour, Chum KomboChildren in conflict with the law is a phrase which deals with any person who is below the age of eighteen years accused of breaching penal law. International law has placed some principles and standards to be complied by State when dealing with offending children. This study investigated how Zanzibar complies with international law on children in conflict with the law. The study applied case study design. Questionnaires and interview were used to collect primary data direct from the respondents. Several instruments, international, regional and domestic were consulted to get some information on the study. Writings of scholars and government documents were also visited for secondary data. The research found that Zanzibar has very comprehensive legislation that to the large extent replicate the requirements of international law on juvenile justice. However, it was revealed that to the large extent the law is not realized by the juvenile justice stakeholders. The existence of only one Children Court in Zanzibar, insufficient numbers of trained legal professionals and poor mechanism for rehabilitation of delinquent juveniles are factors, among others, to substantiate the minimum implementation of the law. On top, people are not aware of the juvenile justice in general. In this regard, this study put some recommendations including operationalization of the existing Zanzibar Children's Act. Awareness creation among the people is to be urgently maintained by the government and international cooperation is also of vital importance.Item Analysis of legal framework on investment promotion and contribution to technology dissemination in Tanzania :a case of selected mining companies(Mzumbe University, 2014) Bonephace, MectridaThis study premises that legal and regulatory framework on investment, particularly the mining investment, grants more promotions than it is necessary. The study was hopeful that since the government has hosted mining operations for a long time, and the benefits thereon have long been pecuniary ones, (which have not transformed the country from poverty) the government should have planned for the best benefits from mining investments. The best benefit proposed by this study is tapping technology which will enable the government operate and run the mining sector on its own, with little or no dependence on foreign entities. Technical development sustains the mining sector and renders the sector beneficial to the State and its nationals; instead of being enjoyed by the foreigners whilst the indigenous are impoverished. In this study, data collection mechanisms involved: library research, interviews and direct observation. The targeted area of research was mining sector - via selected mining companies. The study’s concern is that, technology transfer is neither cheap nor easy. Since the promotional benefits offered to the investors are excessive and most especially resulting in revenue loss, the benefits granted to the investors should be honoured at least by tapping, nurturing and sustaining the technical know-how which is already available in the boundaries of the nation as brought by the investors. This process would be less expensive than buying and transferring the same from the country of origin. The study finds that investment promotion is a necessary evil. Lack of technology in respect of mining management jeopardizes Tanzania’s participation in mineral indulgence. However; dissemination has been impractical due to lack of legal pressure to that effect. Neither the Mining Act1 nor the Investment Act2nor any other law in the country has provided for a vigorous need to tapping technology. In order to achieve technology retention therefore laws and regulations governing mining and investment need a quick reform. Institutional framework should also be strengthened for purposes of making sure technology keeping in the territory is conceivable.Item Assessment of the effectiveness of the laws governing tax exemptions on donor funded projects in Tanzania Mainland(Mzumbe University, 2014) Maseu, Restituta PeterThis study aims at making assessment on the effectiveness of the laws governing tax exemption on donor funded projects in Tanzania, particularly the enactment of the provision of tax exemption, whether they are effective in relation with donor funded projects. In assessing this issue, the basic question relates to the extent and significance of the provisions of the laws in bringing about the needful of its intention to enhance income collection for the growth of the government revenue in Tanzania. A necessary concomitant of the study is to endeavor or render a jurisprudential justification for the effectiveness of these Laws towards the recognition of the possible loopholes of which one may use in vacating from paying tax on the ground of being a donor funded project. Also, the need for the decisions based on income generation and socio-economic consideration within the country. The qualitative approach and literature review for collection of primary and secondary data were adopted. It has been observed that tax exemption in donor funded projects is the results of decreased of government revenue, tax avoidance, existence of bias between donor funded projects and indigenous projects within the country and corruption .Also the researcher suggested and recommended on the way in which such loopholes are to be controlled and the measures to be taken to avoid such problems by find what conditions and limitations the law provides for the donor funded project to receive tax exemption and to what extent, its judicial process and sophistication influence its perception, development and utilization of the tax exemption on donor funded projects in enhancing income generation within the country. Hence the study recommends enactment of an efficient and responsive legal framework to address the above legal issues with the view to enhance donor funded projects in the all system of government revenue. Not only that it is recommended that further research has been conducted on the tax exemption especially on donor funded projects.Item Legal framework of central-local government administrative relationship in mainland Tanzania: A paradox of local autonomy(Uongozi Journal of Management and Development Dyanamics, 2015) Mnyasenga, Thobias R.; Mushi, Eleuter G.This article examines the implication of the present legal framework of central-local government administrative relationship on the autonomy of Local Government Authorities (LGAs) in Tanzania. The focus is on the power of LGAs over their personnel, fiscal matters and their own priorities. Both primary and secondary data were collected and analyzed for the conclusions made in this article. It is argued in the article that, despite the amendments which have been made in the constitution and in some other laws enacted by the Parliament; the current legal framework of central-local government administrative relationship is still fuzzy, centralistic and unsupportive of local government autonomy. There is no provision in the Constitution on central-local government administrative relationship from which the Parliament can proceed to enact a law to regulate such relationship. As a result, there are so many laws enacted by Parliament with loopholes that give room to the central government to frequently meddle with the autonomy of LGAs in the exercise of their powers and in carrying out their statutory functions. It is therefore recommended that the Constitution of the United Republic of Tanzania, 1977 should be amended to provide for central-local government administrative relationship and a safeguard against central government interference with local governmentItem Improving the legitimacy of investor – state dispute settlement system: can the WTO DSU system Act as a model?(Canadian Center of Science and Education, 2015) Cosmas, JuliusWhile the World Trade Organization dispute settlement system is prospering, the investor – state dispute settlement system is in shambles and need immediate attention. This article argues that investor – state dispute settlement system need to gather experience from the WTO system so as to increase its legitimacy. The article looks at the issues haunting the investor – state adjudication system and examines how the same have been addressed at the World Trade Organization. The WTO DSU is taken as a comparator because it is being praised for attaining legitimacy within a short period of time. The article concludes that investor – state adjudicative system has a lot to learn from the WTO adjudicative system with regards to costs, timeframe, remedies and the appellate structure.Item Curbing electoral expenses malpractices in Tanzania: An assessment of election expenses act of 2010(Mzumbe University, 2016) Mrango, KarenThe 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.Item The future crime of aggression: the interplay between ICC and UNSC(Mzumbe University, 2016) Suleiman, KikulaThe crime of aggression is one of the grave crimes under international law and touches the concern of the international community as a whole. Despite its inclusion in the Rome Statute, 1998 the International Criminal Court (ICC) has no jurisdiction over the crime due to nonexistence of clear definition and elements constituting the crime. The proposed amendments to the Rome Statute through the Resolution RC/Res. 6 of 2010, define the crime of aggression and specify its elements. However, the Resolution RC/Res. 6 subjects the jurisdiction of the ICC to the mandate of the UN Security Council. In this situation, the ICC cannot exercise its jurisdiction over the crime of aggression directly unless the UN Security Council has first determined the existence of an act of aggression with regard to such allegations. This has a direct effect to the institutional independence of the ICC and it creates jurisdictional complications on the crime of aggression. The general objective of this dissertation was to analyse the Resolution RC/Res. 6 with regard to the jurisdiction of the ICC on the crime of aggression by examining the interplay between the ICC and the UN Security Council. For the purpose of this study, the researcher applied doctrinal legal research, field research and library research and undertook the study within the regions of Dar es Salaam, Dodoma and Morogoro in Tanzania. For the purpose of data collection, the researcher obtained primary data by the use of interview and questionnaire methods as well as documentary review for secondary data. The collected data was analysed through qualitative data analysis. Generally, the findings show that, most of the respondents are still in doubts as to whether the crime of aggression will be effectively tried by the ICC due to the predetermination requirement set by the Resolution RC/Res. 6. The researcher concludes that the UN Security Council may use this power to delay proceedings of the crime of aggression at the ICC hence affecting the future of the crime and confidence of the international community over the crime.Item Reasons for chronic existence of prison congestion in Tanzania: critical analysis of the law and practice at Musoma prison(Mzumbe University, 2016) Matagi, Peter RichardThe 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.Item Viability of ward tribunals in dispensation of criminal justice in mainland Tanzania : a survey of Bukoba district in Kagera region(Mzumbe University, 2016) Uiso Charles SamsonIn any society or community disputes are unavoidable due to the reason that people do strive to acquire properties and wealth. Like any other country, Tanzania is not an exception and as population increases so are the number of disputes. The increase in the number of disputes as a result of the growth of population resulted to back log of cases in ordinary courts of law and therefore, the introduction of Ward Tribunals which are manned by personnel with no legal knowledge. The establishment of Ward Tribunals was perceived as a solution to the problem of backlog of cases in ordinary courts. This research addresses the viability of Ward Tribunals in dispensation criminal justice which is a function of the ordinary courts, to see whether these Tribunals have helped to solve the problem of backlog of criminal cases in ordinary courts. The study used survey design and selected Bukoba District as a study area. Data Collection was done through questionnaires, observation and interviews. The study also used Secondary data, like law reports, text books and journals. Furthermore, a sample of sixty five respondents, who are members of Ward Tribunals, ordinary citizens, magistrates and lawyers. The study at the end came up with findings that Ward Tribunals are not viable to dispense criminal justice due to the fact that they are staffed with laypersons in the field of law and that, Ward Tribunals in dispensing criminal justice are exercising a function already being performed by the Primary Court. The study finally recommends to the government to amend the Ward Tribunal Act to remove completely the Ward Tribunals criminal jurisdiction in dispensing criminal justiceItem Mal -administration of justice by ward tribunals in Tanzania: an assessment of their legal setup(Mzumbe University, 2016) Byabato, StephenIt 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.Item International obligation in preventing trafficking in person: an examination of the anti- trafficking law in Tanzania(Mzumbe University, 2016) Mbalamwezi, TausiThis study focuses on the experiences of the law on human trafficking in Tanzania. Trafficking of human being has many effects on victims: it deprives them of human rights and freedoms; it may also pose a public health risk. Historically, migration of people for example, those who are fostered by extended family is a long-standing customary practice in Tanzania, but while the circumstances of fostering have changed, given increasing rural poverty and the impact of the HIV/AIDS crisis, this has not been recognized in Tanzanian society. The government of Tanzania enacted the Anti-Trafficking Act in 2008, and the Law of Child Act 2009, but people (children) who migrate are increasingly being exploited and abused; this has transformed specific cases from migration into trafficking. Despite its rising profile in many parts of the world, and Tanzania specifically efforts are made to raise public awareness to the problem in Tanzania on human trafficking. Tanzania is a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labour and sexual exploitation. Boys are trafficked within the country for forced labor on farms, in mines, and in the informal business sector. Tanzanian girls from rural areas are trafficked to urban centers and the island of Zanzibar for domestic servitude and commercial sexual exploitation ; some domestic workers fleeing abusive employers fall prey to forced prostitution. The Government of Tanzania does not fully comply with the minimum standards for the elimination of trafficking. The overall objective of this study was to explore in depth international obligation in preventing trafficking in person while the specific objectives were: To examine the international laws which establish obligations in preventing human trafficking, To make an assessment on how the Tanzania anti trafficking Laws have curbed human trafficking in Tanzania. The studies employed Library research on documentary data, starting to find out whether this issue of trafficking has been taken care of effectively and go further to explore the modality and best practices from other jurisdiction as far as ways to prevent the problem. Interview was conducted to few stake holders for analogous reasoning on this aspect. Comparison is made on the law at common law and other related jurisdictions on this subject.Item A critical analysis of the law of the child act, 2009 on the protection of children against sexual violence(Mzumbe University, 2016) Kweka, Deckrine DominicFor 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.Item Combating witchcraft based violations of the right to life of albinos in Tanzania: a critique on law and other measures(Mzumbe University, 2016) Loitare, EmmanuelTanzania 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.