Dissertations (Masters)

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    An assessment on the effectiveness of parliamentary control over delegated legislation in Tanzania: a case study of parliamentary committee on subsidiary legislation
    (Mzumbe University, 2013) Mtui, Elihaika Henry
    This study examines the effectiveness of Parliament in the controlling over delegated legislation in Tanzania, specifically the parliamentary Subsidiary Legislation Committee..The problem addressed in the study is that, despite the parliament having been empowered by the Constitution of United Republic of Tanzania to delegate its legislative power to executive authorities to enact subsidiary legislation, little has been done by the law to ensure the proper legislative control over delegated legislation, a case which result to inconsistencies in laws and practice. The study is mainly based on primary data collected through review of literary works and questionnaire given to selected personalities. The result of the study reveals that Parliament delegates its legislative power to the executive authorities and granted itself an obligation to oversee authorities without enacting a law which will empower the organ to do so. This is to say there is no hard and fast rule which bind executive authorities to stick fast to the Act of parliament while making of delegated legislation as a result the authorities fails to adhere to the procedure stipulated under the law. The study also revealed that the confusion of parliament as to which procedure to follow in the control of delegated legislation is caused by the parliament itself as it enacted various provision with various procedures for making of subsidiary legislation in Tanzania. This made the organ to play little role in the control of delegated legislation in Tanzania. It is therefore recommended that there is a need for parliament to restructuring on the issue of control of delegated legislation in Tanzania by increasing much power and provide uniformity procedures to allow parliament and its committee to watch on delegated legislation properly. Parliament should enact single legislation which provides for parliamentary control over delegated legislation in Tanzania. Last capacity building is required for Members of Parliament to be able to oversee legislation properly; they should be in a position to understand the power they delegate and the effect brought by abuse of such power. By so doing the organ will play its role effectively.
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    The legal status of articles of the union in constitution making in Tanzania
    (Mzumbe University, 2013) Sepere, Eduardo Parpai
    This research is entitled: The Legal Status of Articles of the Union in Constitutional Making in Tanzania. The Articles of Union are the fundamental laws of the Union between The Republic of Tanganyika and the People's Republic of Zanzibar. The articles, therefore, are a marriage certificate between the two independent republics; hence a Union Constitution must derive its mandate from the Articles of the Union. In other words, the Articles of the Union are the foundation of the Tanzanian Union. Thus, writing a new constitution without first renovating the old foundation is like building a new house on an old cracked foundation, and the risk thereon is the collapsing of the new house due to lack of a strong foundation. The objective of the study is to examine and analyze the impact of proceeding with the writing of a new constitution without first remaking the Articles of the Union the very foundation of the union between the Republics of Tanganyika and Zanzibar. This work is a library and partial field research and thus analytical in nature, involving collection of qualitative data, by way of reading books, articles, journals and the media, so as to determine the root causes for such existing challenges. A total of (11) books and (5) Statutes have been consulted to determine the laws, principles and challenges affecting the writing of a new Constitution without amending the basic law, that is the Articles of Union 1964. The study reveals that not only the Articles were in need of major Amendments but also the making and implementation of the articles in 1964 were mainly carried out by two persons, i.e. Mwalimu Julius K. Nyerere, the then President of the Republic of Tanganyika and Abeid Amani Karume, the then President of the People's Republic of Zanzibar. This study recommends that it should have been wiser to hear the wish of the people, the Articles of Union should have been revisited and accordingly amended so as to give the people a road map to the new Union Constitution; since Union problems will never be solved unless the very foundation is made by the people themselves.
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    Combating witchcraft based violations of the right to life of albinos in Tanzania: a critique on law and other measures
    (Mzumbe University, 2016) Loitare, Emmanuel
    Tanzania 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.
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    A critical analysis of the law of the child act, 2009 on the protection of children against sexual violence
    (Mzumbe University, 2016) Kweka, Deckrine Dominic
    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.
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    Mal -administration of justice by ward tribunals in Tanzania: an assessment of their legal setup
    (Mzumbe University, 2016) Byabato, Stephen
    It is the duty of the government of the day to serve its citizens in a manner upon which the government can justify its presence in power and command to stay in power. In making sure it stays in power to save people, the government employ new means now and then to try to meet the needs of people in a speed, just, fair and low cost means. Way back to 1985 in Tanzania, there were established the Ward Tribunals (which are under the Executive arm of the state) for the purpose of lessening the bulk load of cases to the judicially, attaining the decisions of disputes at a great speed and low costs without much technicalities. With time, the functions of these Ward Tribunals have expanded from being the mainly mediation bodies to an institution giving a binding decision upon which the appeal from its decision can be preferred from the DLHT level until the Court of Appeal. There have been claims of these WTs to mishandle justice to the litigants before them. This Mal Administration of Justice is claimed to arise out of different corners, the major one being the legal setup of the WTs as established under the establishing Act. The researcher here conducted a research to determine how far the legal setup of the Ward Tribunal affects the administration of justice in disputes referred before. Choosing Bukoba District to be a survey study (specifically in Bakoba, Nshambya, Kashai, Nyakato and Karabagaine WTs), through observation, interviews and questionnaires, the researcher concentrated to find out as to how the administration of justice in the WTs is affected by their legal frame work on the aspects of members statutory qualifications in relation to the discharge of their functions, the Ward Tribunal's financial capacity to run itself, the controversy on the authority and procedure to discipline the WT members as a whole, and the proper discharge of the functions by the appropriate authorities as all of those are established under the establishing laws. The study draws a conclusion that there is Mal Administration of Justice in WTs caused by their legal setup under the establishing law on the aspects shown herein before. Lastly, this work recommends the major amendment of the establishing law and specifically on the areas of concern mentioned above, this being the best way to do away with the mal administration of justice by the Ward Tribunal in Tanzania.
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    Viability of ward tribunals in dispensation of criminal justice in mainland Tanzania : a survey of Bukoba district in Kagera region
    (Mzumbe University, 2016) Uiso Charles Samson
    In any society or community disputes are unavoidable due to the reason that people do strive to acquire properties and wealth. Like any other country, Tanzania is not an exception and as population increases so are the number of disputes. The increase in the number of disputes as a result of the growth of population resulted to back log of cases in ordinary courts of law and therefore, the introduction of Ward Tribunals which are manned by personnel with no legal knowledge. The establishment of Ward Tribunals was perceived as a solution to the problem of backlog of cases in ordinary courts. This research addresses the viability of Ward Tribunals in dispensation criminal justice which is a function of the ordinary courts, to see whether these Tribunals have helped to solve the problem of backlog of criminal cases in ordinary courts. The study used survey design and selected Bukoba District as a study area. Data Collection was done through questionnaires, observation and interviews. The study also used Secondary data, like law reports, text books and journals. Furthermore, a sample of sixty five respondents, who are members of Ward Tribunals, ordinary citizens, magistrates and lawyers. The study at the end came up with findings that Ward Tribunals are not viable to dispense criminal justice due to the fact that they are staffed with laypersons in the field of law and that, Ward Tribunals in dispensing criminal justice are exercising a function already being performed by the Primary Court. The study finally recommends to the government to amend the Ward Tribunal Act to remove completely the Ward Tribunals criminal jurisdiction in dispensing criminal justice
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    Reasons for chronic existence of prison congestion in Tanzania: critical analysis of the law and practice at Musoma prison
    (Mzumbe University, 2016) Matagi, Peter Richard
    The purpose of the study was to establish the actual situation of the prisons congestion in Tanzania mainland and its effects to the inmates. The problem which became the outcry not only for inmates both prisoners and remandee themselves, but also is the outcry of the members of their families as well as the nation itself and all the Tanzanian citizens though the impact is indirect. The study has shown the effects to the inmates example grass violation of human rights, homosexual spread of HIV, though the prison of Tanzania mainland are governed and managed by the good written domestic laws, international and Regional legal instruments related to the good treatment of inmates and management of prison. The objective of the study was to examine the lacuna and deficiencies of the components of criminal justice system in Tanzania in the implementation of justice, investigation arrest, prosecution and to sentence one to imprisonment and its effects. The research was deeply based on the reality from inmates themselves at Musoma prisons who successfully showed reasons which lead to prisons‟ congestion in Tanzania Mainland. The researcher used qualitative method to analyze data to enable the researcher to interpret data and at the end make conclusion and recommendations. Findings from the research show that some of the provisions and procedures are badly applied by the components of criminal justice. Though the number of provisions on the legislations relating to criminal justice system in Tanzania are good, they had two way traffic on the advantage of the Republic, for example sections 98(a), 91(1) and 225 (1) & (5), where it is not barred to withdraw and rearrests again, and institute the charge with the same facts. Thus, it is recommended that there should be criteria for application of rules and procedure as well as changing some provisions in some legislation, especially the use of Community Service Act, probation offenders and the presidential pardon.
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    Curbing electoral expenses malpractices in Tanzania: An assessment of election expenses act of 2010
    (Mzumbe University, 2016) Mrango, Karen
    The 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.