Faculty of Law
Permanent URI for this community
Browse
Browsing Faculty of Law by Title
Now showing 1 - 20 of 36
Results Per Page
Sort Options
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 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 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 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 legal framework on investment promotion and contribution to technology dissemination in Tanzania :a case of selected mining companies(Mzumbe University, 2014) Bonephace, MectridaThis study premises that legal and regulatory framework on investment, particularly the mining investment, grants more promotions than it is necessary. The study was hopeful that since the government has hosted mining operations for a long time, and the benefits thereon have long been pecuniary ones, (which have not transformed the country from poverty) the government should have planned for the best benefits from mining investments. The best benefit proposed by this study is tapping technology which will enable the government operate and run the mining sector on its own, with little or no dependence on foreign entities. Technical development sustains the mining sector and renders the sector beneficial to the State and its nationals; instead of being enjoyed by the foreigners whilst the indigenous are impoverished. In this study, data collection mechanisms involved: library research, interviews and direct observation. The targeted area of research was mining sector - via selected mining companies. The study’s concern is that, technology transfer is neither cheap nor easy. Since the promotional benefits offered to the investors are excessive and most especially resulting in revenue loss, the benefits granted to the investors should be honoured at least by tapping, nurturing and sustaining the technical know-how which is already available in the boundaries of the nation as brought by the investors. This process would be less expensive than buying and transferring the same from the country of origin. The study finds that investment promotion is a necessary evil. Lack of technology in respect of mining management jeopardizes Tanzania’s participation in mineral indulgence. However; dissemination has been impractical due to lack of legal pressure to that effect. Neither the Mining Act1 nor the Investment Act2nor any other law in the country has provided for a vigorous need to tapping technology. In order to achieve technology retention therefore laws and regulations governing mining and investment need a quick reform. Institutional framework should also be strengthened for purposes of making sure technology keeping in the territory is conceivable.Item Assessment of the effectiveness of the laws governing tax exemptions on donor funded projects in Tanzania Mainland(Mzumbe University, 2014) Maseu, Restituta PeterThis study aims at making assessment on the effectiveness of the laws governing tax exemption on donor funded projects in Tanzania, particularly the enactment of the provision of tax exemption, whether they are effective in relation with donor funded projects. In assessing this issue, the basic question relates to the extent and significance of the provisions of the laws in bringing about the needful of its intention to enhance income collection for the growth of the government revenue in Tanzania. A necessary concomitant of the study is to endeavor or render a jurisprudential justification for the effectiveness of these Laws towards the recognition of the possible loopholes of which one may use in vacating from paying tax on the ground of being a donor funded project. Also, the need for the decisions based on income generation and socio-economic consideration within the country. The qualitative approach and literature review for collection of primary and secondary data were adopted. It has been observed that tax exemption in donor funded projects is the results of decreased of government revenue, tax avoidance, existence of bias between donor funded projects and indigenous projects within the country and corruption .Also the researcher suggested and recommended on the way in which such loopholes are to be controlled and the measures to be taken to avoid such problems by find what conditions and limitations the law provides for the donor funded project to receive tax exemption and to what extent, its judicial process and sophistication influence its perception, development and utilization of the tax exemption on donor funded projects in enhancing income generation within the country. Hence the study recommends enactment of an efficient and responsive legal framework to address the above legal issues with the view to enhance donor funded projects in the all system of government revenue. Not only that it is recommended that further research has been conducted on the tax exemption especially on donor funded projects.Item Attitudes on children victims of sexual abuse and the relevance of poverty reduction policies in developing countries: A Tanzanian perspective(World Conference on Child and Youth, 2019) Bakta, Seraphina M.Children who are sexually abused are likely to encounter discrimination, feel blameworthy, and a lack of support from the very people who should support them. Questions asked of the victim, such as “why were you raped," are the norm, though it is the perpetrator who should be asked why he raped. More importantly, poverty in families is both a cause and an effect of child sexual abuse. This paper employs doctrinal research methodology to examine the attitudes to, and cultural perspectives of, child sexual abuse and the relevance of poverty-reduction policies in addressing child sexual abuse. It is argued that there is a link between cultural ideologies and poverty when it comes to child sexual abuse in Tanzania. There, for example, children are abused on the grounds of superstition and the belief that sexual intercourse by an adult with a child will make the perpetrator rich. Furthermore, because of poverty, families are reluctant to report sexual abuse committed within the confines of the family, especially when the perpetrator is a breadwinner, or when there is “compensation”. This paper concludes that, despite the fact that Tanzania has taken various measures to address child sexual abuse, cultural ideologies should be addressed hand in hand with comprehensive policies on poverty reduction when addressing child sexual abuse.Item Challenges in public procurement: an examination of legal implications of non compliance with procurement rules in selected institutions in Morogoro(Mzumbe University, 2019) Kweka,EvelineThis study examined the Implications on Public Procuring Entities non-compliance with the Public Procurement Act, No.7of 2011 and regulations made there under at Sokoine University of Agriculture and Morogoro Municipal Council in Tanzania. The motivation behind the study was the annual reports of the Controller and Auditor General that exposed glaring non compliance with the laws on public procurement in spite of legal reforms recently undertaken in the sector. Primary and secondary data sources were consulted .The study adopted stratified random sampling whereby both qualitative and quantitative approaches were used. Qualitative approaches included questionnaires administration and in depth interviews with 50 out of the selected 60 respondents to gather non numerical data while quantitative approaches were employed to generate statistical data to answer to the research questions. Research findings overall pointed to substantial abrogation from procurement laws and regulations. Evidently, part of the reason for such non compliance or low compliance rates with procurement laws were found to be marginally low/poor oversight structures , complexity in the laws to suppliers, corruption in terms of favoritism in prequalification procedures and lack of adequately skilled procurement personnel at Sokoine University of Agriculture and at the Morogoro Municipal Council. In conclusion the researcher found out that there are several legal implications of non compliance with the procurement regulations on individual Procuring Entities, bidders and officials, among others, these included oral and written warnings, suspensions, interdictions and demotions of staff that breach procurement laws. Whilst, against the specific entities the steps included blacklisting, deregistration from the company registry and suit in a court of law to seek redress for violations of the procurement laws and regulations .The Auditor General wields another tool which is the issuance of qualified audit reports against public entities which can be used by prosecutors to hold individuals to account in serious cases of misappropriation of funds allocated.Item Combating witchcraft based violations of the right to life of albinos in Tanzania: a critique on law and other measures(Mzumbe University, 2016) Loitare, EmmanuelTanzania is experiencing the unprecedented attacks and killings of persons with Albinism (PWA); this is the tragedy which currently the nation is facing. The statistics from 2006 to 2015 show 156 incidents have been reported in Tanzania; 75 killings, 62 maimed and crippled survivors, 1 abduction, 16 grave desecrations and 2 attempt grave desecration by organ hunters. According to UNHCHR report, these atrocities are geared by witchcraft beliefs based on the notion that body parts of PWA have magical powers capable of making non-albinos wealthy and prosperous. Such acts violate the right to life, and the right to security enshrined under the Constitution of the United Republic of Tanzania and, various international human rights treaties. The attacks and killings are continuing despite the existing law termed the Witchcraft Act Cap 18 R.E 2002, which has been in place since the colonial era. The continuation of the atrocities prompted the government of Tanzania to adopt administrative measures such as Public awareness campaigns, Temporary holding centers and Secret ballots but still the attacks and killings continued as in 2015, five incidents were reported. Therefore, this dissertation focuses on the assessment of the effectiveness and adequacy of the Witchcraft Act, together with Administrative initiatives adopted by the government in the Protection of PWA. It also focuses to give recommendations on how to do away with violations of the right to life of PWA. The study employed simple survey design to make sure that the required data is gathered. The study used a sample size of 135 respondents who were obtained through purposive sampling. Data were collected by using interviews and questionnaires. The findings revealed that the witchcraft Act is blunt, insufficient and useless as far as the witchcraft practices are concerned, and administrative measures taken to curb the problem were inadequate that is why the problem is still persisting. The suggested permanent solution is massive public education so as to change the mindset of the people.Item Compensation for victims of sexual offences through criminal justice in Tanzania: a case for a human rights-based approach(African Journal of Law and Justice System, 2022) Bakta, Seraphina; Mapendo, DeogratiasVictims of sexual offences may be compensated either through criminal or civil justice. The focus of this article is compensation through criminal justice. The courts in Tanzania are empowered by the law to award compensation to the victims in addition to a sentence imposed on the accused. The amount paid is entirely based on the discretion of the court. In the absence of guidelines on factors to be considered in awarding compensation there have been variations in the amount awarded and in most cases the same is meager. This article examines compensation through criminal justice, focusing on how the courts assess such compensation in the absence of established guidelines, such as factors to be considered. Seemingly, the assessment is primarily influenced by the principles of criminal justice, especially those relating to sentencing. Therefore compensation is regarded as part of punishment on the accused (punishment centered) and not reparation on the part of the victim. The article employs the documentary review method to examine different court decisions on how courts exercise discretion to award compensation for victims of sexual abuse. It is argued that to ensure justice is done to the victims, particularly in terms of the amount of compensation awarded, courts should adopt a humanItem Consumer protection in microfinance services in mainland Tanzania: a critical analysis of the law(Mzumbe University, 2019) Lukuvi, MossyThis study examined the extent to which consumers of microfinance services in Mainland Tanzania are protected under the current legal framework. Specifically, it entailed the exploration of the legal framework for financial consumer protection in microfinance services in Mainland Tanzania, an examination of the extent to which consumers in microfinance services are protected under the existing legal framework, and recommended reforms in the existing legal framework so as to enhance financial consumer protection in microfinance services. The study deployed more doctrinal research where a documentary review was conducted by reviewing various materials including Statutes, Books, Journal Articles, conference papers, theses, and online materials. The study also conducted a little field research where in-depth interviews and questionnaire survey were used to collect data from the respective respondents. The findings reveal that consumers of microfinance services are not adequately protected under the current legal and supervisory framework. It has been found that there is an inadequate institutional arrangement for the regulation of microfinance service providers, the over-arching mandate of the BoT, over-reliance of regulations to prescribe substantial matters, absence of data protection and privacy legal framework as well as the absence of comprehensive mechanisms for disputes resolutions. In light of the above findings, the study recommends the following: (a) enactment of a new and standalone legislation on Financial Consumer Protection;(b) enactment of a new standalone legislation on data protection and privacy; (c) reconciliation between the NMP 2017 and the Microfinance Act; and (d) hasten the process of making regulations as an alternative route in addressing factors that hinder effective protection to consumers of microfinance services.Item Curbing electoral expenses malpractices in Tanzania: An assessment of election expenses act of 2010(Mzumbe University, 2016) Mrango, KarenThe purpose of this research was to assess the Election Expenses Act 2010 on how it curbs election expenses malpractices. In order to assess this researcher categorized the research paper into five chapters. This research paper was conducted in Dar es Salaam because relevant offices regarding Election Expenses Act, 2010 are situated in Dar es Salaam. The objectives of this research were to examine the laws on electoral expenses and the extent to which they have succeeded to solve the election financing problem during elections, to determine the extent to which the electoral expenses laws and practices can curb election expenses malpractices in Tanzania and to determine which changes should be made to election expenses act 2010 to make the law more effective. The research used both primary and secondary methods of data collection from twenty two respondents. The use of these two methods was for the purposes of more information. The result of the study shows that the Election Expenses Act 2010 is ineffective to curb election expenses malpractices. The reasons for the above conclusion is the lack of political willingness of the government, non-compliance of the law by the candidates and political parties, financial constrains to the ORPP so as to implement the law, overlapping of functions between NEC and ORPP, lack of clarity of the law, lack of manpower and tools to implement the law and lack of civic education. These circumstances have made the election expenses act 2010 not to function according to the objective and aim behind its establishment. The study recommends for amendment of the law to provide clear definitions, increase the penalties, the disclosure of party finances should be mandatory and published so as the public could see, more civic education should be provided, the ORPP should be establish sub-offices all over the country due to the magnitude of their work.Item Electronic banking and technological development in Tanzania: A legal analysis(Ruaha Catholic University, 2014) Mukama, RosemaryThis paper reviews banking laws in Tanzania in relation to electronic banking and technological development. It is more than a decade now, since Tanzania engaged in the use of electronic banking. Since electronic banking has higher risks and much used by banks, communication companies and their customers, it is just reasonable to have the law adequately address and protects the electronic banking transactions. Unfortunately, banking laws currently in force are inadequately provide for electronic banking. For example the Bank of Tanzania Act (BoT Act) gives power to the Bank of Tanzania to: establish payment clearing and settlement system; and; make rules and regulations to govern the payment system, but the clearing and settlement system referred designed to save inter-bank transactions and therefore other types of electronic banking are not covered. Furthermore, the rules and regulations bind only participants or members of such payment clearing and settlement system. The BoT Act also gives power to the minister responsible for financial affairs of the United Republic of Tanzania to make regulations so as to give effect to the objectives of the BoT Act. However, regulation on electronic banking has not been made. In 2000 the BoT issued guidelines on payment card to regulate payment through Automated Teller Machine (ATM) and Point of Sale (POS), but the guidelines have no legal force. This situation definitely create some practical legal issues that need attention. It is in this spirit that the author embark on analysing the Tanzania legal regime on electronic banking. The author employed library research used to acquire primary data by surveying the laws of Tanzania relating to banking and also for obtaining secondary data through reading of books, journals, articles and websites. Furthermore, the author have also employed interview banking personnel to enrich primary data. This study shows that, due to inadequacy of the law regulating electronic banking, the undertakings emanate some practical issues which calls for an amendment of the Tanzania legal framework or the enactment of specific legislation to not only electronic banking, but also other cyber laws which will facilitate and protect electronic banking and the banking system in general.Item Enforcement of the provisions of the UNCLOS 1982 on marine pollution by marine vessels: case study of Tanzania(Mzumbe University, 2013) Lauden, LeonardThe law of the sea is of systematic importance to the discipline of public international law, it teaches the society about historical, social, economic and political forces that play upon the formation and interpretation of legal principles. It has provided out solutions of different problems worldwide, including marine pollution as it has been indicated on article 199-222 of the UNCLOS III of 1982. Marine pollution is a wide reaching problem and its influence to the health of human populations is great. This paper provides the insight view the enforcement of the law of the sea of 1982 using Tanzania as a case study. The study finds that these kinds of pollutions are not only seriously affecting the human health and economic welfare, but also the animals. It would appear that many coastal states including Tanzania are not keen to watch out the problems caused by marine vessels seemingly infringing what the Convention stands for. The study reveals also the contradiction caused by UNCLOS III via its articles in narrating down the control of marine pollution from marine vessels, hence, raising difficulties in enforcement. It is submitted that states including Tanzania should restructure their policies and regulations to conform to their assumed obligations under the Convention. According to this study, still time left in the hands of global institutions, governments and local bodies to use the 1982 United Nations Conventions on the Law of the Sea to balance the marine problems caused by marine vessels worldwide including Tanzania for safeguarding the interests of marine industry.Item Implementation of international law obligations to non-discrimination : examining the Law of the Child Act 2009(Mzumbe University, 2017) Projest, JohanithaThis study is all about implementation of international law obligations to non discrimination by examining the Law of the Child Act 2009 specifically looking at the challenges facing children born out of wedlock when it comes to right to inheritance. Challenges facing children born out of wedlock in relation to right to inheritance cut across the whole world and eventually the world has witnessed different movements towards protection of their rights. These children were not afforded any right from their biological further since they were regarded to be conceived in adulterous acts. Nowadays changes are happening they are afforded many rights without considering the status of their birth. These rights include right to education, right to play, right to social security, right to adequate standard of living, right to access information and right to inheritance just to mention few. Discrepancies come on the implementation of right to inheritance as the same has been subjected to religious belief of the father particularly in Tanzania. In complying with international obligation, Tanzania as state has done many things towards the prevention of discrimination against children born out of wedlock on birth status. Tanzania gave its concerns by ratifying several conventions, treaties and enacting the Law of the Child Act of 2009 to ensure children‟s rights are protected. It is through this Act any person is prohibited from depriving a child a reasonable enjoyment out of the estate of the parents. As far as children born out of wedlock are concerned, right to inheritance is subjected to religious belief of the father. Through findings it has been noticed that, no any religion that offer right to inheritance to children born out of wedlock. This is a controversial issue which challenges not only implementations of international conventions and treaties instruments but also hinders fully enjoyment of right to property of children born out of wedlock. For the moment we have contradicting court`s decisions regarding this issue which lead to controversial jurisprudence in Tanzania. As such something of worth has to be done to rescue this situation facing children born out of wedlock when it comes to right to inheritance.Item Improving the legitimacy of investor – state dispute settlement system: can the WTO DSU system Act as a model?(Canadian Center of Science and Education, 2015) Cosmas, JuliusWhile the World Trade Organization dispute settlement system is prospering, the investor – state dispute settlement system is in shambles and need immediate attention. This article argues that investor – state dispute settlement system need to gather experience from the WTO system so as to increase its legitimacy. The article looks at the issues haunting the investor – state adjudication system and examines how the same have been addressed at the World Trade Organization. The WTO DSU is taken as a comparator because it is being praised for attaining legitimacy within a short period of time. The article concludes that investor – state adjudicative system has a lot to learn from the WTO adjudicative system with regards to costs, timeframe, remedies and the appellate structure.Item International obligation in preventing trafficking in person: an examination of the anti- trafficking law in Tanzania(Mzumbe University, 2016) Mbalamwezi, TausiThis study focuses on the experiences of the law on human trafficking in Tanzania. Trafficking of human being has many effects on victims: it deprives them of human rights and freedoms; it may also pose a public health risk. Historically, migration of people for example, those who are fostered by extended family is a long-standing customary practice in Tanzania, but while the circumstances of fostering have changed, given increasing rural poverty and the impact of the HIV/AIDS crisis, this has not been recognized in Tanzanian society. The government of Tanzania enacted the Anti-Trafficking Act in 2008, and the Law of Child Act 2009, but people (children) who migrate are increasingly being exploited and abused; this has transformed specific cases from migration into trafficking. Despite its rising profile in many parts of the world, and Tanzania specifically efforts are made to raise public awareness to the problem in Tanzania on human trafficking. Tanzania is a source, transit, and destination country for men, women, and children trafficked for the purposes of forced labour and sexual exploitation. Boys are trafficked within the country for forced labor on farms, in mines, and in the informal business sector. Tanzanian girls from rural areas are trafficked to urban centers and the island of Zanzibar for domestic servitude and commercial sexual exploitation ; some domestic workers fleeing abusive employers fall prey to forced prostitution. The Government of Tanzania does not fully comply with the minimum standards for the elimination of trafficking. The overall objective of this study was to explore in depth international obligation in preventing trafficking in person while the specific objectives were: To examine the international laws which establish obligations in preventing human trafficking, To make an assessment on how the Tanzania anti trafficking Laws have curbed human trafficking in Tanzania. The studies employed Library research on documentary data, starting to find out whether this issue of trafficking has been taken care of effectively and go further to explore the modality and best practices from other jurisdiction as far as ways to prevent the problem. Interview was conducted to few stake holders for analogous reasoning on this aspect. Comparison is made on the law at common law and other related jurisdictions on this subject.