Browsing by Author "Wambali, Michael Kajela Beatus"

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    Democracy and human rights in Tanzania mainland: the Bill of Rights in the Context of Constitutional: Developments and the History of Institutions of Governance
    (University of Dar es Salaam, 1997) Wambali, Michael Kajela Beatus
    This thesis is an examination of human rights and constitutional development in Tanzania Mainland. The colonial and post-colonial history is used to analyse the development of human rights struggles, aswell as institutions such as the Bill of Rights in the recent development of multi-party democracy. The thesis intends to establish that in spite of global factors such as pressure for democratization from international institutions, the achievement of the Bill of Rights in Tanzania Mainland is part of a wider rights struggle of the people of Tanzania. The effective legal and political implementation of specific rights such as the right to vote, freedom of association and assembly reflect the state of that struggle. The thesis further seeks to establish that while the government sponsored the enactment of the Bill of Rights in 1984 and the re-introduction of multi-partism in 1992, it has always preferred to exercise extreme control over the enjoyment of political This has often involved curtailing the establishment and free operation of institutions of popular democracy. The thesis goes on to suggest that unless a democratic culture and civil society are restored in the country, the success of the rights struggles of the people will be far-fetched. Together with the above it is argued that the struggle for rights could be enhanced by working from what is provided as legal rights, all interested parties pushing for the expansion of the human rights field. This can only be attained if the majority of Tanzanians are made aware of the existence of such rights through legal literacy programs.
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    Tort liability of the government in Tanzania: the impact of the Government Proceedings Act, 1967 on the rights of individual claimants
    (University of Dar es Salaam, 1985) Wambali, Michael Kajela Beatus
    This dissertation is a theoretical and practical evaluation of the applicability of the Government Proceedings Act, 1967 as amended by Act No. 40 of 1974 in Tanzania. By ''Tanzania'' in this work, we mean "Tanzania Mainland'' excluding Zanzibar. This work does not consider governmental liability in tort as an end in itself. Rather it attempts to find ways by which some laws could be used by the disadvantaged majority in furtherance of their minimum demands. Chapter one is a general survey of the State and Law in Tanzania for the purpose of providing a context under which the problem area of this work has been formulated.It is asserted that for the two decades of its Independence, Tanzania has built an extremely strong Executive Government vesting enormous powers and discretion in its President and subordinates. Consequently the likelihood of these government servants misusing their powers and discretion and causing injury to individual citizens is great. It is noted in chapter two that most of the provisions of the Government Proceedings Act, 1967 are in pari materia with the provisions of the similar statute in the United Kingdom. Therefore both chapters two and three trace historically governmental liability right from its early days in England through the colonial period to the enactment of the 1967 Act in Tanzania. A comparative analysis of the major provisions at issue between the United Kingdom and the Tanzanian statutes is made. Chapters Four and Five discuss in detail the mature and scope of governmental liability in tort. This exposition includes a theoretical appraisal of the provisions of the Act as applied to the principles of tort and practical problems in their actual operation. Conclusions and recommendations are made in the last chapter in respect of the problems illuminated in the whole work. The solutions advanced are meant for further discussion and research in a much more wider context than the scope of this dissertation.