Browsing by Author "Sabby, Francis"

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    Approximation of competition rules within the eac partner states:a case study of Tanzania, Kenya and Rwanda
    (University of Dar es Salaam, 2018) Sabby, Francis
    This study was aimed at examining the extent to which Partner States to the East African Community (EAC) have complied with the Treaty obligation requiring them to approximate their competition laws for purposes of enhancing the effectiveness of the Common Market and Customs Union. Basing on the stated aim, the hypothesis governing the study was that the EAC Partner States have largely ignored their Treaty obligation to approximate their competition laws. This situation is considered to be detrimental in fostering the contemplated political federation. For purposes of data collection, the methodology used was mainly qualitative. The study has found that the EAC Partner States have not completely ignored their Treaty obligation to approximate their respective competition laws; they have made some efforts towards approximation of their competition laws. However, considering the magnitude of what is expected of them, it is fair to conclude that the said Partner States have not done enough. This is mainly associated with lack of political will and serious commitments on the Partner States. The study has also noted that some of the Partner States have no competition laws in place. This is said to be the major challenge towards accomplishment of the approximation process. The reason is simple; you cannot approximate if there are no laws to be approximated. This work therefore recommends, among others, that the Partner States should fully align their competition laws with the EAC Competition Act, which is the model law in that regard.
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    The right to work and the employer's discretion to compensate instead of reengaging or reinstating an employee: a case study of the period before and after 2004.
    (University of Dar es Salaam, 2011) Sabby, Francis
    This work is mainly centred on the right to work; this right is very important in this era of globalization so it has to be given the upper hand by the government through its various labour laws. But the labour laws in Tanzania, the repealed ones and the newly enacted ones do not seem to protect fully this right, this can clearly be observed by looking at various remedies to which an employee who has been unlawfully terminated is entitled to. To make this Dissertation a success, Data were collected using both, Field and Library research. Field research was mainly centred on Interviews (unstructured) and observation. Questionnaires were not used because of the difficulty on the availability of the expected respondents which would make it difficult to collect those questionnaires. The findings of the study show that, the labour laws of Tanzania are inconformity with the Constitution of Tanzania on the right to work. This is because, the Constitution recognizes the right to work but the laws which were to enforce this right do not seem to recognize it to a satisfactory extent. Respondents interviewed were of the same view. After collecting data from the field and from other various sources as discussed in methodology, it is vivid that our labour laws need to be amended, and specifically on the remedies to which an employee who has unlawfully terminated is entitled to so as to be in conformity with the international standards and the practice as existing in other jurisdictions whose jurisprudence in labour matters is considered to be developed.