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ItemElectronic 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. ItemCurbing 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. ItemThe 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. ItemRegulation of primary SACCOS’ credit advancement in Tanzania(Moshi Cooperative University, 2019) Mukama, Rosemary JothamNotably, in 1991 during major financial reforms, Primary SACCOS were established as equity based microfinance institutions for financial inclusion of low and middle income earners. Accordingly, regulation of Primary SACCOS’ Credit Advancement (PSCA) enlists principal objects to be achieved by Primary SACCOS such as: to advance credit that correspond with members’ needs, to improve living standards and economic growth of members’ households, and to contribute to economic growth of the country. It became imperative therefore to ascertain the extent to which the existing regulation of PSCA enables Primary SACCOS to achieve their principal objects. The use of interview and documentary review, led to the conclusion that, to some extent the existing regulations enable Primary SACCOS to achieve their principal objects. Undeniably, much is still needed to be done in order for Primary SACCOS to be able to achieve their principal objects and purpose of their existence to a full extent.