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Item A critical analysis of effectiveness of the law to curb sexual violence against children : A case study of Zanzibar (Unguja)(Mzumbe University, 2016) Ahmed, Asha MohammedThis study is about the effectiveness of the law to curb sexual violence against children (SVAC) in Zanzibar. Studies have shown that, sexual violence against children incidence is increasing. The research was aimed at finding the available shortcomings or gaps in the laws and poor enforcement of the laws. Other factors that contributes to the predominance of SVAC in Zanzibar that prevent the effectiveness of laws in combating it. The researcher examined the national and international legislation pertaining SVAC for the aim of assessing its effectiveness in curbing sexual violence against children in Zanzibar. This study is a combination of both qualitative and quantitative methods which was meant at enabling collection of detailed information about the problem. The researcher used interview guides and questionnaires as tools of collecting detailed information from the respondents. The method of sampling used in this study is non-probability. The study findings reveal various gaps for handling sexual violence against children in the country. Consequently, Zanzibar’s legislation does not define sexual violence. On the contrary, those provisions formulated do not distinctly address SVAC and the marital rape is legalized in Zanzibar laws. There exists a practice of rapist marrying the victim as the means to avoid the rape charge. The law is silent on this practice which leads the trauma to the victim. Also the study reveals that there is a practice of unofficial compensation arrangements between the victim or victim’s family and the assailant intended to replace criminal justices system.. Therefore the researcher recommends that the laws should be reviewed and amended to address lacunae as revealed by the study. Above all, it should allow the private criminal investigation so that the cases and evidence of the cases will not be hampered. There is also a need to develop a respective national policy guideline for the child victim of sexual violence for medicalItem A critical analysis of law and practice of public private partnership in Tanzania: A case study of Kigoma District(Mzumbe University, 2014) Ndabhona, Iddi A.This study was made on analysis of the law on Public Private Partnership in Tanzania, particularly the Public Private Partnership Act, 2010 and its enabling regulations, the Public Private Partnership Regulations, 2011, GN 165 /2011. The research was done through interviews and documentary reviews. As the first objective of the study, researcher examined the efficiency of PPP Act in Tanzania. It was revealed and concluded that although the definition of PPPs in the PPPA entails all kinds and forms of PPPs, the regulations leave out of box all the traditional, simple but many forms PPPs which are practicable to many common Tanzanian entrepreneurs. Nevertheless, the bureaucratic nature of the PPPA reduces its expected efficiency. The significant time and monetary resources are spent at the preliminary stages regardless of whether or not the expected project would be implemented. The second specific objective was to look on whether in practice the law promotes the PPP with indigenous private entities in our country. It has been observed that the processes in the Act make the way through to PPPs too long and cumbersome. As such, the law is not very much encouraging and promoting PPPs in the same parse as it would be expected to in the current world business environment. The last objective was to examine whether the PPPA affects independence of the independent Government bodies such as LGAs in Tanzania. It is concluded that the powers of the independent government entities like local government authorities to enter into PPP arrangements are confiscated by the central government through various bodies established by the PPPA. In that respect, the researcher has recommended some mitigating measures to be taken so as to handle those inadequacies. The measures include; amendment of PPP regulations, GN. No 165/2011; formulation of PPP regulations for small scale PPPs in the country; and strengthening indigenous entities for PPPs.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 A critical analysis of the law of the child act, 2009 on the protection of children against sexual violence(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 A critical analysis of the law of the Child Act, 2009 on the protection of children against sexual violence(Mzumbe University, 2016) Deckrine, Dominic. K.For 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 A critical analysis on effectiveness of the laws and practice governing registration of foreign companies in Tanzania(Mzumbe University, 2018) Kashoza, BahatiForeign company means company incorporated outside the territory which have established a place of business in the territory and continue to have an established place of business within the territory. 1 Tanzania is endowed with enormous natural resources and other economic potentials that provide for the increasing opportunities of investment. Owing to her rich natural resources and potential areas for investment in the agriculture, manufacturing, tourism, mining and energy industries, Tanzania has attracted a handful of big investors from foreign countries. This study was aimed to examine on the laws and practice governing the registration of foreign companies in Tanzania. In which the study contained five chapters. In the study, the main objectives was to have a critical analysis in the legal and regulatory framework in relation to the registration of foreign companies in Tanzania while specific objectives were to examine the extent of benefits on effective laws and practice governing registration of foreign companies; to analyze loopholes in legal and regulatory framework governing the registration of foreign companies that attracts foreign companies to the abuse of freedom of investment and doing business and examine to what extent of awareness provided by the institution concerned registration of foreign companies. The study was conducted at Dar Es Salaam City and involved a sample size of 30 respondents was recruited for this study. The population sample was based from TIPER (Tanzanian and Italian Petroleum Refining Company Limited). Cargo Delivery Freighters Ltd and East Cost Oil & Fats Co. Ltd, in Directors, legal officers and Company Secretaries were selected. Also interviews and questionnaire were administered to advocates dealing with corporate laws, academician experts in corporate Laws, high court judges of the Commercial Division, TRA and BRELA officials.Item A critical assessment of the legitimacy of the international investment arbitration system: A call for reform(University of the Western Cape, 2015) Cosmas, JuliusCurrently most international investment disputes are settled through arbitration. The origin of this dispute settlement system can be associated with the recent proliferation of over 3000 Bilateral Investment Treaties. Through this system disputes are settled by autonomous and differently constituted tribunals which have powers to render final and binding awards. The dissatisfied party has very limited opportunity to challenge the rendered award as there are no higher bodies in the hierarchy where a dissatisfied party can lodge an appeal, save for limited procedural challenges which are allowed under the system. These differently constituted tribunals at times reach diametrically opposed decisions on similar facts and those decisions stand side by side and all are considered valid. These inconsistent decisions are leading to lack of consistency and uniformity which in turn affects the legitimacy of the system as a whole. The rules of these institutions do not allow the proceedings to be held in public despite the fact that at times these tribunals question the regulatory powers of the state and state measures on service provision to its citizens. Another issue under the current system is that due to lack of coordination, arbitrators play dual roles: as counsels and arbitrators. This practice compromises the cherished principle of the rule of law. In the effort to address these concerns, stakeholders have suggested a number of possible solutions. The suggested solutions include: invoking res judicata and lis pendens principles; adopting the doctrine of precedent; applying the ‘fork in the road’ principle; adopting the margin of appreciation standard in interpretation of BITs; creating an appellate structure at ICSID and creating a treaty to treaty appellate body. This research submits that, the suggested solutions singularly and cumulatively don not address the legitimacy issues adequately. The research therefore calls for the establishment of a Multilateral Agreement on Investment (MAI) in order to address the legitimacy issues cumulatively. It is submitted that establishing a Multilateral Investment Agreement (MAI) which provides for creating a standing international investment court with an appellate court is the only solution which addresses all the issues haunting the international investment dispute settlement system. In addition, the research suggests interim solutions which will help to increase the legitimacy of the current system pending the establishment of the MAI and the courts. The interim solutions include: establishment of the investor – state dispute adjudication Centre; effective utilisation of host state courts; mandatory publication of all awards; enhancing the effective use of member states interpretative statement; and forming a working commission to provide basic interpretation and the scope of the basic international investment law principles. These measures are only meant to improve the current system pending the establishment of the MAI and the courts. The research concludes that for the betterment of international investment law, the reform is inevitable and that the benefits would outweigh any demerits.Item Access to loans in microfinance institutions by use of unsurveyed land as security: Analysis of the law and practice in Tanzania mainland(2016) Elifuraha, EliudyThis dissertation is intended to be an analysis of the law and practice on accessing loans from microfinance institutions by use of unsurveyed land as security in Tanzania Mainland, and to identify various legal problems facing the borrowers and lenders when unsurveyed land is accepted as security to the loan transactions. Unlike any other Dissertation this work comprises five chapters, beginning with Chapter One, which is the introductory chapter. Chapter Two discusses the conceptual framework of mortgage creation over unsurveyed land. Chapter Three addresses the legal regime governing the creation of a mortgage in Tanzania by using unsurveyed land. Chapter Four is Data presentation, analysis and discussion of findings while chapter five concludes the study with recommendations on what can be done so as to reap the expected benefits. This study was motivated by the fact that the Government of Tanzania has worked hard to ensure that citizens access loans from Microfinance Institutions through enabling them to create mortgages by using both surveyed and unsurveyed land. This has been affected through making various legal and policy reforms. Despite those efforts some of the lending institutions are still reluctant to accept unsurveyed land as security for loans, occasioning this research to find out the legal reasons ( both substantive and procedural) why some of lending institutions are reluctant to accept unsurveyed land as security of loans . The study has found out that laws are not adequately framed. There are no clear provisions which address issues of unsurveyed land, and the lack of regulations that regulate mortgages on unsurveyed land leave a lot of loopholes and gaps on the existing stipulated provisions. Finally come recommendations and conclusions on the findings, where the researcher advises the Government, the Parliament, and the stakeholders on the steps to be taken in order to facilitate and enact laws and rules which will properly govern the procedures, rights and duties of parties who involve themselves in transactions of unsurveyed land to create mortgages in Tanzania.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 An appraisal of tax incentives under the TIC Investment regime(Mzumbe University, 2019) Maya, DeograciousTax incentives are considered a necessary evil for attracting investments and increase Foreign Direct incentives. In that spirit Tanzania issue different tax incentives via the Tanzania Investment Centre as per the Tanzania investment Act, 1997. The law puts threshold qualification for an investor to be issues with an incentive certificate depending on relevant sector. Also, other laws like the Income Tax Act, 2004, the Value Added Tax Act [CAP I48 R.E 2002], Export Processing Zones Act, 2002 and The Mining Act, 2010 allow issuance of incentives to investors as qualified by threshold. For example save for investments in mining and petroleum, center can issue certificate of incentive to a foreigner or local investor with the qualification under section 2 (2) (a and b)1, that to qualify for and obtain Tanzania Investment Centre Certificate of Incentives minimum fixed investment cost for New, Rehabilitation and Expansion Projects should be at least US$ 100,000 for projects, which are wholly owned by Tanzanian Citizen (s), and US$ 500,000 for projects, which are wholly owned by foreign investors, or if a joint venture. Or, to qualify for an Export Processing Zones license, the investment should amongst other things, be new business or activity which has not been already established, with at least 80% of the goods produced or processed for export and annual export turnover of at least USD 500,000 for foreign investors (USD 100,000 for local investors). This research looked the qualification of the investor under above mentioned Acts, by making an analysis to see whether tax incentive attracts investment or not and if not what qualification are plausible for incentive certificate to be issue and then the merits of tax incentive in growth of Tanzania economy was evaluated as against demerits. In order to get precise materials for writing this work, the researcher employed two research techniques: documentary review and case study. In documentary review materials were gathered from legislations, policy, documents, reports, newspapers and journal articles, online articles and textbooks,. In a case 1 The Tanzania Investment Act [CAP 38 R.E 2002]. viii study the methods which were employed included direct interviews and use of questionnaires. The research revealed that, tax incentive was not a major factor for attracting foreign direct investment in a country with poor infrastructure, geographical barriers and weak taxation system. Again, comparing tax incentive issued in Tanzania and her developments, the research found that tax incentives have resulted into more revenue losses that profit, because they are means used for tax avoidance and they beneficial bonus to investor who would have invested without tax incentives. The study further noted that, incentives qualifications under different laws are not cautions to obvious reasons, thus threshold can manipulate or hide investment to qualify for incentive while it does not. For example an investment which would have come in Tanzania despite of incentives because of market and raw material needs. From the above mentioned finding, the researcher made recommendation that, the Tanzania Investment Act, 1997 should be amended, first to allow the parliament and the center to amend or withdraw tax incentive certificate in case of abuse. Second the qualification for an investor should be reviewed, instead of looking on the threshold, each investment should be evaluated differently according to purposes and benefits to Tanzania. Third, tax incentives should be reduced or abolished and the taxation system should be enhancement to facilitate transparency and accountability.Item An assessment of promptness and fairness of compensation awardable for unexhausted improvement on land matters in Tanzania : A case study of Kipawa and Kigilagila(Mzumbe Unversity, 2015) Kweyamba, TheodorusThe emerging issue is how the land laws especially the expropriation and payment of compensation laws are applied. This dissertation examines intended to assess the law and practice relating to compulsory land acquisition in Tanzania specifically in examination of procedures in the processes of land acquisition, legal challenges of compulsory land acquisition procedure, evaluation processes in the event of land acquisition and compensation processes in the event of land acquisition This study was carried at Kipawa and Kigilagila where land was acquired in the year 1997for purpose of expansion of Julius Nyerere Airport, though compensation paid was inadequate. The process of compulsory land acquisition has more often been complained of by the general public for failure to pay fair and prompt compensation to the victims. The dissertation revealed a wide disparity between the means of compensation paid and market value of the acquired property. Moreover, The Land Acquisition Act, Cap 118 [RE 2002] is not fair and just to people holding land under deemed right of occupancy as it restricts compensation to un exhausted improvements on the land excluding the land or such improvements as land clearing and fencing. This latter situation has been rectified by the Land Act. The dissertation recommends among others that, in order to have a peaceable society devoid of conflict and chaos, adequate payments of adequate compensation that will not make claimants worse off than they were, are essential, both the policy makers and local governments should revise the land laws especially on the expropriation and payment of compensation in such a way that it would define and protect property rights for the vulnerable groups both in urban and rural areas and where and when these rights are acquired “reasonable compensation” must be paid. Most importantly, mandatory provision of land forresettlement, ensuring proper method of valuation and prompt payment of compensation shall remedy these conflicts.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 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 An overview of the UN Model tax convention and electronic commerce(The Accountancy and Business Review, 2023) Mukama, Sabatho L.; Kipanga, Kassim B.; Siage, George M.The development of Information and Communications Technology (ICT) on the field of international trade and commerce resulted into the development of online market or internet commerce (cyber market where vendors and buyers meet to trade); this later came to be known as Electronic Commerce (herein after E-Commerce). E- Commerce, being a new form of commerce World Wide, as against traditional commerce system, brought legal and administrative challenges to the traditional taxation system World Wide. This paperwork examined how the existing taxation principles can regulate e-commerce in line with United Nations Model Tax Convention (herein after the UN Model Tax Convention) and other international taxation guidelines adopted by Organization for Economic Co-operation and Development (herein after OECD) and World Trade Organization (herein after WTO) without compromising the on motion internet commerce and technological development on trade and commerce sector. Lastly proposed modifications of existing rules on imposition of taxation on conventional commerce to regulate e-commerceItem Analysis of consumer legal protection in mobile money transaction services in Tanzania(Mzumbe University, 2019) Mutagwaba, Doreen D.This dissertation attempted to make an analysis on the effectiveness of the legal frameworks governing mobile money transaction services in Tanzania. It observed the law and practice on how consumers are protected towards availability and the use of such services in our country. In that regard, it focused on challenges of implementation of the existing laws and regulations on the mobile payments as a newly introduced payment system that is reaching a large number of banked and unbanked. This study was guided by its objective and attempted to assess the effectiveness of the regulatory framework in place in the protection of consumers of mobile money transactions. Questions were formulated that guided through in obtaining the necessary information relating to the problem. In obtaining such data the methodology employed was descriptive research design. The collection of primary data was done using methods of questionnaire and interview where as for the secondary data the method used was documentary review. The study revealed that the use of mobile phones in making money transactions is a technology that is widely adopted and preferred by the majority of people in making several transactions. The consumers of such services face several challenges in the mode of the services mostly being loss of money in their mobile money accounts. It is from the data collected from the field where the researcher makes conclusions and makes recommendations on how the consumers of mobile money services may be protected.Item Analysis of legal framework on investment promotion and contribution to technology dissemination in Tanzania : A case of selected mining companies(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 Act nor the Investment Act nor 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 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 Analysis of the law and practice governing letter of credit : Case study of selected institutions in Ilala Dar es salaam(Mzumbe Unversity, 2013) Otieno, MagrethLetters 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.Item Analysis of the law and practice governing letter of credit: A case study of selected institutions in Ilala Dar es salaam(Mzumbe University, 2013) Otieno, MagrethLetters 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 defaultItem Analysis of the legal framework governing the protection of investors against insider trading in capital market business in Tanzania(Mzumbe University, 2019) Kihelile, SophiaThe data were 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 used to forty (40) individual investors from different professions and specializations, investors listed companies at DSE. The researcher found that the laws on a securities exchange ensure speculator assurance, however the major frustrating variable is the utilization of the said laws on speculators who don't have satisfactory consciousness of their rights, on the restricted practices, and notwithstanding perusing the budget summaries of the organizations put resources into. Further, the DSE and CMSA do not have the satisfactory innovation to distinguish the denied offenses, for example, the insider managing which restrains the security of the premiums of speculators. The suggestions are to expand the consciousness of the individual speculator through the LDMs and agents who manage the financial specialists on an everyday premise. There is likewise a requirement for the development of innovation to recognize precluded offenses and encourage in accumulation of proof to indict wrongdoers.