Browsing by Author "Morris, Cleophace Kassenene Kakiziba"

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    Analysis of the implementation of the United Nations framework convention on climate change in mainland Tanzania
    (University of Dar es salaam, 2019) Morris, Cleophace Kassenene Kakiziba
    This study centres at the efforts Tanzania has already or is currently putting in place to address the challenges of Climate Change in purview of the United Nations Framework Convention to that regard. That is UNFCCC. Its general objective is to analyze implementation of the UNFCCC in Mainland Tanzania. The same was conducted through both desk and field researches. Relevant government and private authorities together with individual stakeholders were contracted through a number of research tools. In the main, it is revealed herein that Tanzania majorly tackles the challenges above adjunctly with environmental issues, thus lacking a specific focus to pertinent matters revolving around climate Change which is currently the centre of international debate. Notwithstanding such focal weakness, various positive initiatives towards realizing ideas of the Convention under the study have been revealed. These include, the National Action Plan on Climate Change (NAPCC); National Adaptation Programme of Action (NAPA); National Climate Change Strategy (NCCS); implementation of the National Strategy for Reduced Emissions from Deforestation and Forest Degradation (REDD+) and several sectoral strategies such as prioritized agrarian development (in Swahili known as Kilimo Kwanza) and identification of clusters for effective mechanized agriculture in the southern part of the country (SAGGOT). However, the study argues that there remains a plethora of challenges such as a disharmonious legal regime, lack of political will, insufficiency of financial capacity and lack of an effective Climate Change institutional architecture. All these challenges call for a need of forging immense collaboration and reforms so as to effectively implement UNFCCC in the country. Consequently, the study sets out recommendations towards enactment of a specific legislation on Climate Change establishment of a more effective and independent body to superintend the implementation; effective climate funding and sectoral collaboration; and according climatic issues necessary constitutional recognition for protection and enforcement.
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    Reinsurance law and practice in Tanzania: focus on Tanzania national reinsurance corporation limited (Tan-Re) - its role, challenges and prospects.
    (University of Dar es Salaam, 2004) Morris, Cleophace Kassenene Kakiziba
    Since time immemorial, Tanzania has never been with a locally operative reinsurance company. As such, her insurance industry has always been dominated by direct insurance companies which depend on reinsurance services from across the country's borders. However, at the time of this study, she was busy establishing her own semi-state reinsurer styled as Tanzania National Reinsurance Corporation Ltd. (TAN-RE). In principle, this is a study of the real environment within which TAN-RE will carry out its operations. It reveals that there are no reliable records that indicate the conduct of insurance business, let alone reinsurance, during the German colonial period. However, in the early 1940s, the then Nairobi based British insurance companies opened branches in Tanganyika. But reinsurance transactions continued to be carried on abroad. It is also revealed that, despite the fact that insurance business was conducted on free market conditions prior to 1967, the passing of the Arusha Declaration policy -based legislation in 1967 nationalizing, inter alia, the insurance industry, did not improve the reinsurance industry in Tanzania. In essence, the then monopolistic National Insurance Corporation of Tanzania, (NIC) Ltd., transacted reinsurance at a directorate level, thus, continuing to depend heavily on foreign based reinsurers. Further, the enactment of the Insurance Act in 1996 and the Insurance Regulations two years later, thereby liberalizing the insurance business, did not end the problem of local cedants relying entirely on foreign reinsurance companies for protection. In this work, the discussion of the establishment of TAN-RE is preceded by a comparative analysis of establishment, role, powers of reinsurers and the regulatory mechanisms in other counties. The challenges facing both state-owned and private reinsurers are also pointed out with a the view to indicating the difficulties which TAN-RE is likely to face in its operations. The study also gives a summary of recommendations. Basically, these are in respect of TAN-RE's role, powers, functions, duties and challenges. Generally, the study commends the establishment of TAN-RE as a way of establishing a well-developed local reinsurance market.