Browsing by Author "Longopa, Evaristo"

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    The law relating to the prevention and combating of corruption in Tanzania: the case study of the prevention and combating of corruption Act, 2007
    (University of Dar es Salaam, 2009) Longopa, Evaristo
    The work attempts to underscore the examination of the current law relating to the prevention and combating of Corruption in Tanzania. It is due to the fact that the current corruption situation in this country is so rampant necessitating an efficient and effective legal regime to overcome. Both the library and field research in form of interviews, focused group discussions and questionnaire were conducted within Dar es Salaam to obtain data for the study. It is clearly pointed out that the Act is a progressively enacted legislation that caters for a wide range of corruption offences, sanctions and other remedial aspects. It provides for extra territorial jurisdiction, confiscation, freezing and forfeiture of the properties obtained through corruption means. The Act is one of the remedial enactments passes at opportune moments. The work points out further that the law has a number of bottlenecks that make it less effective and non efficient if the same are not addressed immediately by amending the current law. These are pertaining to the autonomy and independence of the Bureau, criteria for the appointment and security of tenure to top office-bearers, accountability of the Bureau activities, role of media and informers as well as Director of Public Prosecutions (DPP’s) fiat on prosecution of the corruption cases. Finally the work proposes for legal reforms to overcome/loosen these bottlenecks and strengthening of the political will as the cornerstone issues for making the law both most efficient and efficacious.
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    Legal implications of REDD+ strategies in east Africa a comparative study on local communities’ participation
    (University of Dar es Salaam, 2014) Longopa, Evaristo
    The work underscores the importance of communities’ participation in REDD+ Strategy as a means towards achieving sustainable forest management and conservation within EAC. This study is guided by the hypothesis that law is inadequate in promoting and protecting rights of local communities in natural resources management in East Africa. The study findings indicate that local communities’ participation is not effectively entrenched in some Constitutions and laws. There are no specific provisions addressing the issues relating to REDD+. The absence limits the protection of local communities’ rights in relation to REDD+ implementation. It hinders adequate protection of the Constitutional and human rights of the local communities to participate in decision making and benefit sharing mechanisms. The forest laws in Tanzania and Uganda do not cater for roles of forests in amelioration of climate change thus limiting provisions that promote local communities’ fundamental rights in climate change related projects. The enforcement of the legal provisions for local communities’ protection has bottlenecks hindering their effectiveness and efficiency. There is inadequate participation of local communities in decision making, legislative processes and inadequate benefit sharing mechanisms. This work proposes for legal reforms to overcome these bottlenecks notably strengthening of the benefit sharing mechanisms, improvement of security of tenure and effective participation of local communities as the cornerstone issues for making REDD+ law and practices most efficient and efficacious.