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Access to criminal justice and laws governing powers of the Director of Public Prosecutions in Tanzania: lessons from India and the United Kingdom
(The University of Dodoma, 2021) Mkami, Baraka
This thesis provides a legislative analysis on access to criminal justice and powers of the Director of Public Prosecutions (DPP) in Tanzania with a view of drawing lessons from the United Kingdom and India. The researcher employed documentary review and field data collected through questionnaires and semi-structured interviews. The main objective of this study was to examine how the exercise of the powers vested on the DPP by the laws may infringe the enjoyment of the right of access to criminal justice in Mainland Tanzania. In the light of the stated objective, the central hypothesis of the undertaking was that exercise of powers vested on the DPP by the laws infringes the enjoyment of the right of access to criminal justice in Mainland Tanzania. The study established that the exercise of the DPP‟s powers to certify in writing the denial of bail, enter nolle prosequi, withdrawal of proceedings and take over proceedings instituted by a private prosecutor result in infringement of the right of access to criminal justice. The infringement of the right of access to criminal justice by the DPP has its basis in the laws governing the powers of the DPP. Such laws give wide discretionary powers to the DPP without adequate control mechanisms, as such; the DPP is likely to violate the accused person’s right to access the criminal justice system. Also, the study establishes that Section 148 (4) of the Criminal Procedure Act, Section 36 (2) of the Economic and Organized Crime Control Act and Section 19 of the National Security Act deny the courts powers to control the exercise of the DPP’s powers in criminal proceedings. In so doing, they infringe and negate the right of access to criminal justice in Mainland Tanzania. Moreover, this study found out that, in the UK and India, the law and practice protect and safeguard the right of access to criminal justice by limiting the powers of the DPP compared to Tanzania’s laws. Finally, the study recommends that there is a dire need for reform of laws governing the powers of the DPP in Mainland Tanzania to uphold the right of access to criminal justice.
Children born out of wedlock and inheritance laws in Tanzania
(African Institute for Comparative and International Law, 2009) Gotrib, Mgaya
The concept of inheritance or succession entails the devolution of property upon the death of its owner. This is regulated by the law of testamentary succession if the deceased had a will, otherwise the law of intestate succession applies. The present article deals with intestate succession, in particular inheritance by children born out of wedlock. It examines the concept of children born outside wedlock and the legal framework for the inheritance of children born outside wedlock in Tanzania before considering in detail the situation among the Bena. Before the 1990s children born out of wedlock among the Bena could inherit on the mother's side without many inconveniences. However, only in rare cases could they inherit on the father's side as well. Since then the position of illegitimate children among the Bena has changed and they can inherit on both the father's and the mother's side, unless the deceased left a will which did not include the illegitimate child. The author recommends that the government of Tanzania review all customary laws which are in force to see whether they conform to the principles of human rights and the Constitutional Bill of Right. The government should enact a unified law of succession to deal with all matters related to succession, including the inheritance of children born outside wedlock and other matters related to illegitimate children which have not been tackled by the Law of Marriage Act Cap 29 of 1971. Notes, ref. [ASC Leiden abstract]
The competence of the electoral commission to conduct free and fair elections in Tanzania: A legal analysis
(Canadian Center of Science and Education, 2022) Ryoba, Marwa
The credibility of election being termed as free and fair election cannot be examined without examining the competence and independence of the Electoral Commission with mandates of conducting the elections. In Tanzania, Electoral Commission of Tanzania vested with mandates of conducting elections is constitutionally and statutorily described to be an independent body with the mandates of carrying out its functions without adhering to directives from any person. Nonetheless, the analysis in this study reveals that the Electoral Commission of Tanzania’s set-up is unlikely to run elections and produce a government that reflects the will of Tanzanian voters. This is so because the said Electoral Commission is not independent of the ruling party, in particular the influence of the incumbent President. The incumbent President's legal mandates in interfering with the Commission's functioning give the ruling party an advantage over other political parties during elections. The incumbent President is more likely to dictate election results than the Electoral Commission. These create an unfair playground for other participating parties during elections. It is also revealed that the courts in Tanzania lack jurisdiction to deal with petitions against presidential results once declared by the Electoral Commission. As such, the independence and impartiality of the Electoral Commission to run free and fair elections remain a serious legal concern for the supporters of the effective functioning of democracy. Lastly, this paper concludes that the Electoral Commission of Tanzania is not competent, impartial and independent to run credible, free and fair election in the country. Thus, this calls for serious legal reform to establish an electoral body capable of conducting free and fair elections in the country.
Human rights education and the plight of vulnerable groups with specific reference to people with albinism in Tanzania
(2020) Mubangizi, J. C.; Kajiru, I.
Although all human beings are vulnerable, some are more vulnerable than others, for example, people with albinism. Similarly, although albinism occurs in all parts of the world, it is more prevalent in some societies than in others. For example, Tanzania, in common with other countries in sub-Saharan Africa, has a high prevalence of albinism. Apart from being subjected to blatant discrimination and abuse, people with albinism suffer atrocious attacks sometimes resulting in death. This paper explores the nature and extent of discrimination and human rights violations of people with albinism in Tanzania in the context of the relevant legal framework available for their protection. Using people with albinism in Tanzania as a proxy, the paper argues that there is a need for human rights education not only to empower vulnerable people to defend and protect their rights but also to sensitize societies to respect and not violate the rights of such people. The paper concludes with several recommendations that apply to people with albinism in Tanzania as much as they would apply to any vulnerable group anywhere else in the world.
Human rights violations of persons with albinism in Tanzania: The case of children in temporary holding shelters
(The Pretoria University Law Press, 2019) Kajiru, I; Mubangizi, J. C.
Albinism is a genetic condition that occurs in people of all races and in all parts of the world. In Tanzania, and in many other places where it occurs, children living with albinism constantly are subjected to discrimination, stigmatisation, persecution and ridicule. However, the most disturbing phenomenon is the mindless killing of these children. The threat of being murdered forces some of these children to flee from their homes and communities. In an attempt to address the situation and to protect these children, the Tanzanian government has established temporary holding shelters. This article explores the challenges faced by children at these temporary holding shelters and the extent to which their rights are violated. Despite Tanzania's ratification of the 1989 UN Convention on the Rights of the Child in 1991, which compels it to prevent violence against children and to uphold the right of all children to human dignity and physical integrity, human rights violations against these children abound. It is evident that the Tanzanian government's commitment to protect all children, as required by the Law of the Child Act, is lacking in implementation and effectiveness. The article utilises secondary data obtained through a review of relevant documents. The findings point to a lack of security, care and protection of the children in temporary holding shelters. It is concluded that the Tanzanian government needs to take effective and sustainable steps towards the elimination of all forms of violence against children, generally, and against children with albinism, in particular. The government also is urged to improve the conditions in these shelters in order to uphold the rights of the children residing there as provided for under international as well as domestic law
The Impact of Myths, Superstition and Harmful Cultural Beliefs against Albinism in Tanzania: A Human Rights Perspective
(South African Constitutional State, 2020) Kajiru, I; Nyimbi, I
It cannot be denied that myths and superstitions have endured through history and that people have been affected by them since the beginning of time. Superstitious beliefs and myths that result in the victimization of persons with albinism (PWA) are centuries old, are present in cultural attitudes and practised around the world. In Africa and in Tanzania in particular, PWAs have also been targeted because of harmful speculation and unfounded myths which place their lives at risk. As members of society PWA have human rights that need to be protected against any kind of violation, particularly against being killed, tortured and discriminated against. This article analyses various legal provisions that protect the rights of PWA as articulated in various UN covenants and conventions as well as regional treaties and national laws. Secondary data are consulted to examine the extent of the erroneous beliefs which heavily fuel the persecution and killing of PWA. It is found that there are deep-seated myths, superstitions and harmful cultural beliefs the existence of which seems to pose a serious obstacle to the implementation of the law and the protection of the rights of PWA in Tanzania. The article recommends awareness-raising and education in general for Tanzanian society as an approach towards the protection of PWA.
Law and Practice Governing Waste Management and Marine Pollution Control in Upstream Petroleum Operations in Mainland Tanzania
(Maris BV, 2023) Mziray, A. G.; Longopa, E. E.; Mwanga, E.
Effective waste management and pollution control are essential factors for sustainable development in upstream petroleum projects. To achieve it, bold policy and legal frameworks addressing sustainable waste management and pollution control become indispensable. This article assesses how well Tanzania's policy and legal frameworks address sustainable waste management and marine pollution control in upstream petroleum operations. Government representatives, international oil companies operating in Tanzania, government publications, EIA reports, scholarly works and pertinent legal documents provided data for this article. This article found that Tanzania's legal system does not adequately address the problem of waste management and pollution control in upstream petroleum operations. It demonstrates that Tanzania has fragmented and incomprehensive regulations governing waste management in upstream petroleum operations in Tanzania. It argues that the absence of specific regulations to address petroleum waste management impedes effective waste management and poses a risk of increasing marine pollution. The article recommends reform in the legal regime to cope with the changing practice and ensure effective waste management in the upstream petroleum operation areas.
Legal and institutional framework on decommissioning of upstream petroleum installations and protecting of marine ecosystem in Tanzania
(University of Dar es Salaam School of Law, 2023) Mziray , Amina; Longopa, Evaristo; Mwanga, Elia
This article examines the effectiveness of Tanzania's legislative and institutional framework governing decommissioning of petroleum projects in protecting marine ecosystems. The data used in this article were collected using semi-structured interviews and content analysis of laws, reports, and academic works. The findings show that Tanzania's legal and institutional frameworks are inadequate and ineffective in addressing decommissioning as a whole. The article unveils that the law and practice in Tanzania lack effective mechanisms to ensure that decommissioning in petroleum projects results in positive outcomes for the protection of marine ecosystems. The legal regime imposes no mandatory obligation to the license holder to conduct an assessment to guide on the choice of decommissioning alternative. The article, therefore, suggests reform in the legal regime governing decommissioning of petroleum projects with a special focus on the protection of marine ecosystems.
Legal and Institutional Framework on Decommissioning of Upstream Petroleum Installations and Protection of Marine Ecosystems in Tanzania
(2024) Mziray, Amina; Mwanga, Elia; Longopa, Evaristo
This article examines the effectiveness of Tanzania's legislative and institutional framework governing decommissioning of petroleum projects in protecting marine ecosystems. The data used in this article were collected using semi-structured interviews and content analysis of laws, reports, and academic works. The findings show that Tanzania's legal and institutional frameworks are inadequate and ineffective in addressing decommissioning as a whole. The article unveils that the law and practice in Tanzania lack effective mechanisms to ensure that decommissioning in petroleum projects results in positive outcomes for the protection of marine ecosystems. The legal regime imposes no mandatory obligation to the license holder to conduct an assessment to guide on the choice of decommissioning alternative. The article, therefore, suggests reform in the legal regime governing decommissioning of petroleum projects with a special focus on the protection of marine ecosystems.
Legal challenges relating to irregular migration governance in East Africa
(The University of Dodoma, 2021) Gasto, Deogratias Ishengoma
Governance of irregular migration has recently been a concern of the international community due to changes in terms of drivers, stocks and flows, actors and its impacts to social, economic and political systems. This means, the factors that either push or attract people to move irregularly across international frontiers, the role played by agents and technology in facilitating movements and its impacts have increasingly been heterogeneous, evolving and challenging. The problem addressed in this study is lack of adequate and effective laws, policies and institutions governing irregular migration in the East African Community (EAC) and selected Partner States of Kenya, Tanzania and Uganda. The study aimed at examining irregular migration governance challenges caused by the current laws, policies and institutions in the EAC and selected Partner States The study being descriptive and qualitative in nature, employed library research, interview and observation as key methods of data collection. Weighed against universally acceptable irregular migration governance standards from international instruments and best practices in other Regional Economic Communities (RECs), the study has established that irregular migration governance frameworks in both EAC and selected Partner States are fundamentally inadequate, ineffective and contradictory. Also, the study has found that while the frameworks are generally security reactive and country centred, they do not address themselves to a number of pertinent issues in irregular migration governance such as smuggling of persons, transit migration and durable solutions. Also the findings of this study indicate that various institutions tasked with governance of irregular migration at both levels are poorly coordinated and lack technical and financial capacities to effectively execute their roles. In order to address the identified challenges the study recommends that adequate, harmonious, effective and well-coordinated legal, policy and institutional frameworks should be developed at both national and regional levels.
Legal regulation of labour outsourcing and temporary employment services in Tanzania: lessons from South Africa
(2023) Momburi, Daudi Francis
The growth and reliance on employment services (ES) is generally attributed to market forces demands,which requires an employer to focus on its core functions. Basically, ES provides the unemployed with information about job vacancies and employers with information about availability of prospective employees. The ES system comprises of national institutions, which are commonly referred to as public employment services (PES) and private agencies, which are referred to as private employment services (PrES). Currently, in many jurisdictions ES is provided in a form of Labour Outsourcing (LO) and Temporary Employment Services (TES). However, LO and TES are perceived with suspicion in Tanzania and South Africa. They are often criticized for compromising employment, which are and widely claimed to be exploitative. In that context, this article provides an appraisal of the legal framework for the provision of LO and TES in Tanzania and recommends reforms based on experiences from South Africa.
Legal, institutional and practical challenges of the people-centred principle in the East African community
(The University of Dodoma, 2021) Mgaya, Gotrib Maternus
People-centred integration is an aspect underscored in the modern regional integration across the world. The objective of this thesis is to assess the legal, institutional and practical challenges related to the realisation of a people-centred principle in the East African Community, a tool for citizens’ participation in the integration process. It seeks to establish that, despite the lesson learnt from the defunct East African Community of 1967, the legal framework for the current Community is holding a state centric regional integration approach, one of the reasons for the failure of the former East African Community. The study assesses the deficits inherent in the legal regime for the EAC people-centredness as well as practical challenges emanating from the existing EAC legal framework. The study is a qualitative research and employs qualitative research methods. Data were collected through both, field and documentary review. In this regard, key informants and focus group discussions were utilised effectively. The research finds the EAC laws to be ineffective in embracing and implementing the people-centred principle. This ineffectiveness hinders participation of East African people in the realisation of the objectives of the Community. The ineffectiveness revolves around uncertainties related to the legal nature of the Community, relationships between Community and Partner States laws, and failure to recognise a citizen as the primary subject of participation in the functioning of the organs and institutions of the Community. Also, ineffectiveness is related to lack of precise provisions imposing positive obligations on the Partner States and inadequate role of civil society and private sector in taking the Community closer to the people. Further, the study reveals that lack of citizens’ awareness, weak political parties role in the integration process, budget constraints, lack of norms related to the accessibility of information and documents, and theoretical integration dilemma drawback some efforts exerted towards the participation of East Africans in the integration process. From these findings, the thesis concludes that the participation of citizens and other stakeholders in the EAC integration process is weak. Therefore, the adoption of legal and non-legal measures is imperative in realisation of a people-centred EAC to avoid what happened to the defunct Community in 1977
Protecting consumers' rights against counterfeit electronic products in Tanzania
(University of Dar es Salaam School of Law, 2023) Mlungu, Sekela Kalangson
This article analyzes the legal framework for protecting consumer rights against counterfeit electronic products (CEPs) in Tanzania. It deals with consumer protection specifically, consumers’ right to safety against CEPs such as mobile phones, computers and television sets. Data was collected through documentary reviews and interviews. It notes that the protection of consumer rights is not constitutionally guaranteed. Further, multiple laws protecting businesses’ interests, partly protect consumers’ interests. There is no comprehensive law dealing with consumer protection to ensure consumers’ right to safety save for the multiple laws, where consumer right to safety is partially guaranteed. Finally, the article recommends for consolidation of consumer protection provisions into a framework law to fully protect consumers in Tanzania.
The Role of By-Laws in Enhancing the Integration of Indigenous Knowledge
(Lexxion Verlagsgesellschaft, 2019) Mwanga, Elia
To address the problem of climate change, all countries must join together in implementing climate change mitigation and adaptation strategies. Further measures, including community-based projects, should be integrated into climate change responses. Studies show that indigenous knowledge can also contribute significantly to climate change mitigation and adaptation. The Paris Agreement that was adopted in 2015 also recognises that indigenous knowledge has a role to play in addressing the problem of climate change. Effective use of indigenous knowledge entails the existence of appropriate legal regimes, to back up its application. Most principal legislation provides only a framework for the use of indigenous knowledge, however, it is often the case that comprehensive and detailed provisions for the use of indigenous knowledge can be found in subsidiary legislation/municipal by-laws. This study therefore attempts to examine the extent these by-laws enhance the integration of indigenous knowledge into climate change strategies
Tanzanian Environmental Impact Assessment Laws and Practice for Projects in World Heritage Sites
(SAGE, 2022) Mwanga, Elia
Environmental impact assessment (EIA) is an integral component of sound decisionmaking. Environmental impact assessment helps to prevent or reduce environmental harms by informing the decision-makers the likely environmental impacts of intended project, its alternatives and/or mitigation measures before the implementation starts. This study examines the effectiveness of Tanzania EIA laws and related practice on the protection of Outstanding Universal Value (OUV) of the world heritage sites during implementation of development projects. The study used data obtained from government officials, policies, laws and reports; United Nations Educational, Scientific and Cultural Organization and World Heritage Committee reports; and scholarly works. The study demonstrates that Tanzania EIA laws are inadequate to ensure effective protection of OUV of world heritage sites against harms caused by development projects. The laws do not guarantee effective and broader participation of stakeholders and inclusion of heritage impact assessment in EIA study. The study, therefore, recommends for reform of EIA laws and institutions responsible for supervising EIA.
The growth of cyberbullying among youth in higher learning institutions: a bibliometric analysis
(Academy of Cognitive and Natural Sciences, 2024) Ndibalema, Placidius M.
Cyberbullying has become one of the misconducts among the youth due to an increased use of the internet in the educational context. The bibliometric analysis was carried out to determine the global trends in the evolution of cyberbullying among the youth in higher learning institutions (HLIs). The analysis involved 1073 research articles published between 2008 and 2022 retrieved from the Dimensions scientific database. The VOSviewer 1.6.20 software was used to establish visualisation networks. The results indicate a rapid growth of research articles on cyberbullying from 2019 to 2022, where most HLIs migrated to virtual teaching due to the outbreak of COVID-19. The developed countries had high rates of research publications and strong collaboration patterns in cyberbullying. The results also indicate factors such as harsh parenting and moral disengagement to be the causes of cyberbullying. The analysis shows that publications on cyberbullying from developing countries are very low compared with their developed counterparts. Examining the trends in cyberbullying among youth in HLIs offers new insights into the prevalence, forms, and concerns of cyberbullying within this specific population of HLIs. This study enhances our understanding of cyberbullying consequences and broadens our knowledge about how increased autonomy among youth in using technology immorally can fasten the growth of cyberbullying in HLIs. This study informs the development of appropriate intervention strategies within HLIs that promote digital safety and citizenship. HLIs can also utilise the findings to develop rules and regulations that address cyberbullying within their institutions. Conducting a systematic review of the effective prevention and intervention strategies on cyberbullying employed by HLIs in different contexts may provide more insights into shaping youth in promoting digital safety.
Who votes in Tanzania? An overview of the law and practices relating to parliamentary elections
(Pretoria University Law Press in South Africa, 2022) Mwanga, Elia
The right to vote is among the pillars of a representative democracy. The right promotes democracy by ensuring that citizens participate indirectly in the affairs of the government of their country by freely electing the leaders they want. This article examines the theoretical and practical aspects of the right to vote in Tanzania. In particular, the article provides a critical examination of the laws and practices relating to parliamentary elections in Tanzania and their implications for the right to vote. The article argues that the right to vote is not effectively guaranteed in Tanzania, in law or in practice. In particular, the article demonstrates that the electoral laws as well as practices in Tanzania deny the citizens the right to freely elect their representatives/members of parliament. The electoral law and related practices give a mandate to few people who make decisions for the majority. The electoral laws and practices make citizens the rubberstamp of decisions taken by the few instead of their being the key decision makers.

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