Browsing by Author "Mchome, Sifuni Ernest"
Item The problem of using law by government officials in support of the course of development(University of Dar es Salaam, 2001) Mchome, Sifuni ErnestIn this work an attempt is made to show that throughout the history of this country several laws have been enacted, at the initiative of the Government, to support the cause of development. This phenomenon is deriving from the recognition that every society needs some kind of order in the execution or implementation of various aspects of development, be they social, economic or political. The execution or implementation of these aspects necessitates the establishment of a regularised system of governance backed by law among whose tenets are (i) the setting up of the governance structures, (ii) definition of rights and obligations, (iii) creation of institutions and definition and assignment of roles to them, (iv) control and punishment of deviance from role expectation, and (v) provision of justice in the management of the affairs of the society However, although laws have been enacted to serve the course of development and are to be followed by everyone, the institutions created to enforce them have sometimes failed to follow them and instead opted for shortcuts in the execution of developmental goals. These shortcuts have invariably resulted to adverse effects to the people and communities that are targeted by these institutions as was the case in respect of Operations Okoa Mkomazi in 1988 and Kazimzumbwi in 1998. My conclusion is that law breaking by government institutions and officials, who in the first place are expected to enforce the law, is anti-development and does not jibe well with the concept of development. In the long run, this attitude may only help to ruin the reputation of the country internationally. Measures must, therefore, be taken by supervisory bodies like courts of law and Parliament to prevent this from happening.