Browsing by Author "Lukumay, Zakayo Ndobir"

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    An analysis of the legal basis for electronic banking in Tanzania
    (University of Dar es Salaam, 2011) Lukumay, Zakayo Ndobir
    This Thesis analyzes the legal basis of e-banking in Tanzania. It addresses the key issues revolving around lack of a clear legal framework that is responsive to adoption and advancement of e-banking technologies in the banking industry. The qualitative approach and literature review for collection of primary and secondary data were adopted. It has been observed that e-banking is increasingly causing a number of problems to consumers, the major ones being theft and fraud, which cause massive losses to customers using e-banking technologies. The study has observed further that the law governing banking business in Tanzania does not address issues raised by e-banking technologies, particularly those revolving around allocation of losses. This phenomenon has far reaching consequences to customers using a variety of e-banking distribution channels for transacting banking business in that they are left without adequate legal protection.
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    The impact of information and communication technology on rules of evidence in Tanzania
    (University of Dar es Salaam, 2011) Lukumay, Zakayo Ndobir
    This study presents an assessment of the impact of advancement on information and communication technology (ICT) on rules of evidence with particular reference to the evidence Act, 1967. The current principles under this law, as observed in this study, assume existence of paper based records and documents and those documents and records should bear signatures for legal recognition. This scenario raised a number of challenges on principles of evidence, particularly those governing admissibility of documentary evidence and authentication. In this study the author conducted literature review and field study with a view to excite a scholarly discussion on the impact of ICT on rules of evidence in Tanzania. Both the literature review and field survey revealed that advancement of ICT has caused a lacuna in the Evidence Act, 1967 in that it is doubtful whether it accommodates evidence in electronic form. The survey further revealed that the impact of ICT on rules of evidence can best be responded by legislation. The study, therefore, recommends for enactment of a comprehensive legislation, which gives electronic transactions legal recognition, including evidence generated in electronic transactions legal recognition, including evidence generated in electronic form. It further recommends that judges, through precedents and in the absence of law on ICT, should give a wide interpretation to paper based terminologies like document, writing, evidence, and signature to cover their counterparts in electronic form. The above proposed legal frame work for recognition of electronic evidence in Tanzania, would create predictability and certainty on computer related transactions, vital for growth of e-commerce so as to keep pace with the present manifesto of globalization and liberalization.