Faculty of Law

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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 dangerous
The qualifications of company directors and the performance of companies in Tanzania: Critical analysis of the companies Act, 2002
(Mzumbe University, 2012) Jangu, Luckness W
A company is in the eyes of law an artificial person, with no physical existence; neither soul nor body of its own as such it cannot act on its own, it can do so through some human agency called the directors1. These directors are entrusted with the interest of others; they are not allowed to make the business an object of interest to themselves because from the frailty of nature, one who has power will be too readily seized with the inclination to use the opportunity for serving his own interest at the expense of those for whom he is entrusted.2 This being the case the company needs to be in the proper hands of person who mans it, as the success of the company depends ultimately on the calibre of its directors and the effectiveness of the board. The law puts qualification for a person to be appointed as a director to make sure that the company is under control of a proper person who can be accountable for his own actions. Need for responsibility and accountability have impelled rules circumscribing the qualifications, conducts and responsibilities of company directors. The modern commercial world demands security and certainty when dealing with the corporate person. The companies Act, 2002 provides for the qualification of a company director to include among others, share qualification if the articles of association of the company so require, age limit from 21 to 70 years, a person not discharged bankrupt or not convicted in any offense in relation to the management of the company, and signification of consent to the registrar of companies. This research looked at the qualification of the Company directors in the Companies Act, by making an analysis to see whether the said Act is adequate or not and if not whether the inadequacy has significance impacts on the performance of the companies.
Investment and land disputes in Tanzania: a vehicle for investment legal reform
(Mzumbe University, 2013) Lendita, Simon Wilson
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
Enforcement of the provisions of the UNCLOS 1982 on marine pollution by marine vessels: case study of Tanzania
(Mzumbe University, 2013) Lauden, Leonard
The 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.
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.
The legal status of articles of the union in constitution making in Tanzania
(Mzumbe University, 2013) Sepere, Eduardo Parpai
This 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.
The challenges to the enforcement of economic, social and cultural rights in the united republic of Tanzania: A critical analysis
(Mzumbe Unversity, 2013) Thobias, Martha
Challenges to the enforcement of social economic rights exist where individuals cannot enjoy their social economic rights which they acquire by virtue of being human .These rights include the right to health services, to education, to work, to fair remuneration, to decent housing and adequate food. These rights are integral in international human rights documents, forming an integral part of the Universal Declaration of Human Rights, 1948, the International Covenant of Economic, Social and Cultural Rights (ICESCR), 1966 and Optional Protocol to ICESCR, 2008. However problem comes where this indivisible bundle of rights cannot be put into practice in the Tanzanian context, its factors being the non realization of these rights in the National Constitution. Thus, the foregoing incited the researcher to undertake this study to look into the challenges which put hindrance to the justiciability of social economic rights in Tanzania; in critical perspective. The general objective of this research is to examine challenges facing the enforcement and justiciability of the Economic Social and Cultural rights in Tanzania. In conducting the research, the researcher examined the relevant documents and materials and through interview and questionnaires to seek answers to the research questions on the challenges on the enforcement of social economic right, and the possibility of making social economic rights justiciable in the United Republic of Tanzania. The study reveals findings which range from the adequate provisions of social economic rights in the constitution of United Republic of Tanzania 1977, lack of effectiveness in the side of judiciary in the enforcement of social economic rights which caused by adequate provisions of social economic rights and in-sensitiveness of social economic rights by the decision makers, lack of effectiveness in the Commission of Human Right and Good Governance, which associated with the lack of legal binding decision of the Commission. It is therefore recommended that, Tanzania should incorporate the full content of social economic rights in its bill of right to give guarantee of protection and enjoyment of social economic rights to the individuals.
Analysis of the law and practice governing letter of credit : Case study of selected institutions in Ilala Dar es salaam
(Mzumbe Unversity, 2013) Otieno, Magreth
Letters of credit are an important finance instrument for international trade. They are especially significant in cross-border transactions where traders do not know each other. Despite the attractiveness of the process, by choosing letters of credit, international traders often have trouble. In particular, they find it difficult to meet the level of documentary compliance demanded by many banks. In turn, this increases the risk of non-payment for goods or services invested. This also could have a profound impact on international trade patterns. Clearly, this suggests that the governing rules are not clear enough as to how strictly the doctrine is to apply. In addition, courts all over the world have not cured the deficiencies in the application of the rules. In fact, ICC have added to the confusion by creating a myriad of controversial judicial standards that apply to similar mistakes in the presented documentations. This thesis is an investigation into these issues. In so doing, it attempts to find out what could reduce the inconsistent interpretations of the doctrine of strict compliance and thus enhance the attractiveness of the letter of credit. The analysis covers all parties involved in the letter of credit process, and pays particular attention to those cases involving misspellings, discrepant descriptions of goods in commercial invoices, ambiguous or impossible letter of credit terms, and inaccurate data in presented documents. Among other things, the thesis reveals that courts have applied six different standards to the matter of misspellings alone. As a result, banks have applied the strict compliance rule very rigorously to protect their own interests in case litigation would ensue. The flipside is sellers left with the risk of not being paid. The question arises whether this is reasonable given the facts that only trivial mistakes may be a vitiating factor in the letter of credit transaction. Therefore it is recommended that there should be a reform of the law governing letter of credit including Tanzania enacting its domestic laws, flexibility on the court procedures in case of default.
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
The implications of Tanzania not domesticating international human rights instruments the case study of CEDAW
(Mzumbe University, 2013) Lusajo, Peter
For quite a long time women have been considered as that part of nature that doe exist on some fault. As a result women have faced harassments within their individual lives such as at work and also at home. An era came when such ideologies were put aside and the woman had to be part of nature as she too is a human being. With that the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW) came into force. For almost thirty years Tanzania has been silent on the issue of domesticatig the CEDAW. This has been so even though the principles of international law depict, once a State ratifies an international instrument it is under an obligation to domesticate it for proper use within the legal institutions. This, however has remained to be in abyss. Despite the fact that Tanzania has ratified this instrument indicators of discrimination against women is still visible through laws that have not been abolished and institutions that are not free and independent in dealing with issues that affect women in general. This study aims at discussing in depth the CEDAW, what important features it potrays and how each country has to implement these principles embodied within the Convention. The study further discusses on the international, regional and domestic legal framework and what has been done so far. Moreover the obligation Tanzania has under international law and the effects of going against these obligations are also discussed in detail. In concluding possible solutions that can be used to solve this problem have been pointed out.
The role of African Union in dealing with the problems of internal armed conflicts in Democratic Republic of Congo
(Mzumbe University, 2013) Salvatory, Calist.
This study focuses the efficacy of the African Union in dealing with the Internal Armed Conflicts around the central Africa particularly in the eastern Democratic Republic of Congo (DRC). The African Constitutive Act states that one of the objectives of the Union is the maintenance of peace and security. Despite this premise African countries have continued to experience internal armed conflicts with the massive killings of innocents‟ civilians. In dealing with these problems of civil wars in African countries, the African Union is the main regional organisation. The Organisation of African Union (OAU), the African Union‟s (AU) predecessor has attempted to deal with the challenge of internal armed conflicts. The formation of AU on May 25, 1963 brings hope about the future of Africa in security and maintenance of peace. But inversely Africa under AU still continues to experience massive internal armed conflicts around the region. This argument forms the main theme of the research. By developing this idea the study will seek to find out why there are continuing internal armed conflicts in central Africa (DRC), the way AU has been dealing with such problems, what are the bottlenecks of the AU in dealing with these problems and what is the position of the law in dealing with these issues. The study will reveal some factors undermining the African Union in solving the internal armed conflict in the Democratic Republic of Congo include lack of resources in the organisation, externalisation of the conflict, poor financial power of the organisation and absence of standard socio-economic development in DRC. Also continued foreign interference intensify the violent element in DRC and the economy of the DRC has been militarised in the sense that armed conflict has become an ordinary means of making a living for part of the population. Some of the measures suggested by the respondents were to amend the AU Constitutive Act, to empower the African Union in solving the conflict, solving national issues, including weak economy, weak security and intelligence apparatus. The conclusion of the study is that the African Constitutive Act does not compel members of the African Union to help each other in the case of the internal armed conflicts. The organisation is a loose type of regional organisation whose emphasis is moral rather than legal obligations on respect for its member‟s national sovereignty. Therefore solving internal armed conflicts failed to become operational because the Organisation mainly depends on the consent of the members. The study recommends enactment of the law which will protect States in case of the internal armed conflicts and amendments be made on Article 9 of the Constitutive Act of the African Union so as to include members of the organisation to be obliged to contribute under the new law to help each other in case of internal armed conflicts.
The effectiveness of the laws in recognition and enforcement of foreign judgment in Tanzania
(Mzumbe University, 2013) Edgar, Japhet
This study aims at making assessment of the effectiveness of the laws governing the recognition and enforcement of foreign judgments in Tanzania particularly the Reciprocal Enforcement of the Foreign Judgement Act, No.8(RE 2002), whether they provide for the needful of their intention for the enactment. In assessing this issue the basic question relates to the extent and significance of the laws in bringing about the needful of its intention to enhance justice in Tanzania. A necessary concomitant of the study is its endeavour to render a jurisprudential justification for the effectiveness of these Laws towards the recognition and enforcement of the foreign judgement and the need for the decisions based on socio-economic considerations within the country. From time to time the researcher seeks to find how a society‟s culture, its judicial process and sophistication influence its perception, development and utilization of the foreign judgement in enhancing justice. As far as the international family consists of a variety of legal system with different perceptions and the fact that the right being acquired or vested by the competent authority must be recognized and enforced anywhere. Hence the need for the assessment of the Laws governing this aspect towards its effectiveness in enhancing justice and rights, and make recommendations
Enforcement of the provisions of the UNCLOS 1982 on marine pollution by marine vessels: A case study of Tanzania
(2013) Lauden, Leonard
The 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.
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
The efficacy of the national laws in Tanzania on citizenship by birth
(2013) Issa, Mariyam Aziz
This study is about the legal rationale and shortcomings of the Tanzania Laws on citizenship by birth. There are different pieces of legislation which deal with Tanzania citizenship in general. But, these laws do recognise different classes of citizens who bear different characteristics. Of importance to this research is the citizenship by birth category which, within itself, raises legal segregation and discrimination, a fact which is not to be expected under the law. The research was aimed at finding the available shortcomings that hinder the efficacy and sufficiency of the laws on who a Tanzania citizen by birth is and all the rights and duties that relate to such kind of a citizen. It was also the aim of this research to assess the competency of the laws relating to Tanzania citizens by birth in providing equal rights and protection to the citizens by birth without any discrimination or favours. This study is basically a qualitative research which was aimed at enabling collection of detailed information about the problem under study. The researcher has employed interview guides and questionnaires as tools of collecting detailed information from the respondents. Kind of sampling used in this study is the purposive sampling where quite a number of respondents were interviewed from different classes of people from the community at large. The study findings reveal that the laws on Citizenship by birth, starting from the mother law of the land, which is the Constitution of the united Republic of Tanzania to the other pieces of Legislations, fail to cater for the provisions of equal rights as well as protecting the citizens by birth who are entitled to equal treatment. Most of these laws do have some discriminatory effects as well as some favouritism amongst the same citizens by birth. The ignorance of law of some of the citizens by birth has to some extent led to some citizens by birth to lose their Tanzania citizenship and to other; it has gone to an extent of making them stateless in their own country. The researcher recommends that the Laws relating to citizenship by birth be repealed and new laws be enacted to remove the ambiguity, favouritism as well as the discriminatory effect brought about by these laws. The researcher also strongly recommends that the Constitution of the Country should effectively and sufficiently cover for the citizens by birth and that strict adherence to the international norms and standard should be observed.
Tanzania legal framework in conservation and management of natural resources by combating deforestation
(Mzumbe University, 2013) Mtinangi, Jumanne Ukhotya
Deforestation is one of the major global problems facing conservation of natural resources, forests in particular and has internationally, regionally and sub-regionally been addressed through instruments. The instruments are CITES, UNFCCC, UNCBD, ACCNNR, EAC and SADC. Tanzania is a Party to these instruments. The objective of this research is to critically analyse the Tanzania legal framework on conservation of natural resources by combating deforestation in relation to international instruments. It strives to analyse and find out the weaknesses and challenges in the implementation of Tanzania legal framework in combating deforestation and making recommendation for the effective legal framework in combating deforestation. In conducting the analysis the study has employed both doctrinal and empirical research. With doctrinal research the study examined various international, regional and sub-regional instruments, legislations both principal and subsidiary. With non doctrinal research the researcher selected a sample of 34 respondents from MNRT, Bagamoyo and Handeni Council, Kibindu and Gole villages were interviewed, viz, Forest officers, legal officers, agriculture officers, land officers, environment, officers, village leaders, villagers and other persons interested. The findings of this study are that principal legislations and by-laws providing for forests conservation and management does not directly address the problem of deforestation and the instructional set-up is not well coordinated as there are parallel structures all intended to address the natural resources conservation. It is the conclusion of this study that the Tanzania legal framework in conservation and management by combating deforestation do not adequately address the problem of deforestation. It is recommended that the framework need to be reviewed by amending both principal legislation and by laws to directly address the problem of deforestation and institutional set up be properly coordinated.
The legal status of articles of the union in constitution making in Tanzania
(Mzumbe University, 2013) Sepere, Eduardo Parpai
This 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 analyse 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
The assessment of international conventions and municipal laws in relation to the protection of coastal environment: A case of Dar es Salaam Tanzania
(Mzumbe University, 2013) Nsemwa, Christopher E
This research deals with the assessment of international instruments and municipal laws present in Tanzania, to determine the extent of their contribution to protection of the coastal zone environment. The rationale behind this study came from the fact that the Constitution of United Republic of Tanzania 1977 (as amended) has not addressed enough the aspect of environment, likewise the Environment Management Act of 2004 has not addressed in precise terms the coastal zone management despite making it an offence for anyone to pollute environment. The study involved both, the library and field research. The researcher employed two techniques namely purposive and snowball sampling whereby the former type of sampling procedure enabled the researcher to get data from prominent respondents. While the later were applied to few selected experts as well as those with sufficient experience. The targeted population included 2 legal officers from the Office of Vice President, Environmental Division; 2 Officials from The National Environmental Council: 7 Lawyers from various NGOs: 10 Fishermen: and 5 different people: The work has five chapters and each chapter deals with a specific topic. The first chapter introduces the research and it deals with the background, statement of the problem and literature review among others. The second chapter is conceptual framework, in which some concepts regarding coastal environment have been covered. Chapter three looks into the legal and institutional framework. Findings are under chapter four. The last chapter is about the summary, conclusion and recommendations. The study shows that there are various causes of destruction of the coastal environment. The notable are poverty, lack of environment education: corruptions, and poor planning on the part of the government. Also the study shows that the present legal regime in Tanzania has not addressed in precise terms the management of the coastal zone environment, therefore the researcher proposes, the establishment of national and international law specifically to address and protect the coastal zone environment.
Causes and consequences of failure to file the annual return by the tax payer: A case study of Shinyanga municipality
(Mzumbe University, 2013) Samwel, Frank
Most of the tax payers in Tanzania do pay tax without filing the annual returns and they always complain about paying more tax than what they think they are supposed to pay. This research focuses on the cause and effects of the taxpayers‟ failure to file the annual returns during tax assessment for tax liability. This research was done through interviews, questionnaire and schedules on the sample size of 120 respondents selected specifically from businessmen and women, noon business persons, people who were formally business people, tax consultants and TRA officials, but picked randomly within the group. From the research, it was found that, failure to file the annual return by the tax payer is caused by the two things; tax payer’s lack of knowledge on the law and procedure to be followed during their tax liability assessment and lack of enough fund to bear the costs for preparing the necessary documents necessary for the annual returns. Also, failure to file the annual returns has the effect to high tax being imposed on the tax payer. At the end, the researcher recommends that the law should change in order to simplify the requirements for filing the annual returns to enable even the normal businessperson to file them. Secondly, the tax payers should be educated on the procedure required for them to follow during the period of tax assessment in order for them to have fair tax assessment. Thirdly, TRA to diversify its sources of collections on tax in order not to shift the whole burden to the business people. Fourth, TRA tax assessors should not unreasonably impose higher tax on the tax payers. Lastly, tax assessors should visit the tax payers before imposing tax liability on the tax payer. If these recommendations are followed, enough revenue will be collected for the government, business and investment will not be hindered as per Tanzania’s tax policy.
Protection of individual investors at the Dar es salaam stock exchange: A critical analysis of the law
(Mzumbe University, 2013) Sempeho, Laura G
This work is about the protection of individual investors at the Dar es Salaam Stock Exchange (DSE). The researcher focused on individual investor as a minority group, who invested less number of shares than institutional investors. The work aimed at checking the effectiveness of the laws and regulations at the Dar es Salaam Stock Exchange and how they guarantee investor protection. The research was conducted in Dar es Salaam city where the DSE and CMSA offices, the Securities brokerage firms and most of the individual investors are located. The data was collected from DSE and CMSA legal departments through interviews of the officials. At the Securities Brokerage offices structured interviews were conducted to obtain primary data. Questionnaires were issued to Eighty (80) individual investors from different professions and specializations, five investors from each of the sixteen listed companies at DSE. The researcher found that the laws on stock market guarantee investor protection but the major hindering factor is the application of the said laws on investors who do not have adequate awareness on their rights, on the prohibited practices, and even in reading the financial statements of the companies invested in. Further, the DSE and CMSA lack the adequate technology to detect the prohibited offences such as the insider dealing which limits the protection of the interests of investors. The recommendations are to increase the awareness of the individual investor through the LDMs and brokers who deal with the investors on a day to day basis. There is also a need for improvement of technology to detect prohibited offences and facilitate in collection of evidence to prosecute offenders.

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