PhD Theses

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Development of wage - labour and labour laws in Tanzania: circa 1920-1964 (a study in law, state and society)
(University of Dar es Salaam, 1982) Shivji, Issa Gulamhussein
This study analyses the development of labour law in mainland Tanzania by locating it within the general development of wage-labour. It is argued that law cannot be understood apart from the general social history as shaped by continuous struggles of contending forces. The study covers the road period from approximately 1920 to 1964. The approach is thematic rather than chronological. Nevertheless two broad stages may be distinguished. The first phase until about the end of 1930s was dominated by the semi-prolentarian labour. Chapter One discusses the development of this type of labour and Chapter Two gives its conditions. Both these aspects are analysed in the context of the relation between capital and labour, the dominant fraction of capital being finance capital. Chapter Three gives the organisation of capital and its relation with the colonial state. It is argued that whereas capital was well organised and to a large extent managed to minimise inter capital contradi9ctions, the semi-proletarian character of labour militated against collective organisation and resistance of labour. During the period when semi-proletarian character of labour dominated, the central piece of legislation was the M & NS. Its main purpose was to procure labour for capital and regulate such procurement. This legislation and the regulations made there under are discussed and analysed in the context of the contradictions of the system of semi-proletarian labour. The second broad phase of the development of wage-labour begins in the early forties with the struggles of the dockworkers. Chapter Four deals in detail with the development of the permanent wage-labour. in particular the industrial, agrarian and mining proletariat. The conditions of the proletariat especially those pertaining to industrial accidents and safety, are discussed at length in this chapter and such legislation as the Factories Ordinance; the Workmen’s compensation Ordinance and the employment Ordinance are analysed closely. Chapter five concentrates on the struggles of the dockworkers and goes into detailed discussion of four major strikes during the decade of 190s. Dockworkers have painted a brilliant picture of militant working-class struggles. It was in the wake of their struggles that for the first time the labour law scene began to change with the introduction of Minimum Wage legislation, Factories ordinance, etc. Once the workers had embarked on a collective struggle and collective organisation (trade unions), the state came to the rescue of capital by introducing legislation to control and supervises working-class organisations. Hence trade union legislation. Chapter Six discusses the complex class struggles of the fifties in the fire of which the most important trade unions of the Tanzanian working class were born and matured. It was again during this period that the most important outlines of legislation on trade disputes were worked out. In spite of its phenomenal successes during the fifties, the trade union movement was not to last. With the coming of independence, it fell victim to the inter-petty bourgeois struggles. The emerging bureaucratic bourgeoisie threw the weight of its state behind its own interests and those of foreign capital. The trade union movement was rapidly smashed and hurriedly laws were posed making stick illegal and establishing a single trade union which in substance became part of the state machinery. This is analysed in Chapter Seven. The underlying theme of this study is the relation between law, state and society and we touch on this issue both in the introduction as well as in the conclusion.
The use of law in the process of colonization; a historical and comparative study with particular reference to Tanzania (Mainland) and New Zealand
(University of Dar es Salaam, 1985) Williams, David Vernan
This thesis is a historical and comparative study of the role of the state and law in the process of colonization. The two colonial social formations studied are New Zealand and Tanzania Mainland (then known as Tanganyika). The first chapter outlines the purposes of the research and contains a statement of the presuppositions and hypotheses. Chapter 2 is a detailed study of the means by which British rule and English law were imposed upon New Zealand and Tanzania. The historical context of the commencement of British rule is examined and the various legal devices resorted to in order to justify the methods and practices of imperialism are carefully considered. In particular there is a discussion of Blackstonian common law doctrines on the acquisition of colonial territories, an examination of the Treaty of Waitangi, 1940 and various proclamations made in and with respect to New Zealand, and a study of the Foreign Jurisdiction Acts, 1843 to 1890 upon which the Tanganyika Order in Council, 1920 purported to be based. The subordination of Maori social formations in New Zealand is dealt with in Chapter 3. Attention is focussed on the Native Land Purchase Ordinance, 1846 in the early period of British rule, upon the confiscation of Maori land pursuant to the New Zealand Settlements Act, 1863 during the war years of the 1860’s and upon the workings of the Native Land Court in the concluding period of the study up to 1894. Significant legislation is subjected to careful scrutiny and there is an assessment of the impact of these laws in the destruction of the independent material existence of Maori peoples and in pushing the Maori population into a marginal existence on the edges of a British settler dominated capitalist social formation. In Chapter 4 the patterns of colonial capitalism in Tanganyika during the years 1920 to 1945 are reviewed. The Native Authority is seen as the lynchpin of British rule and the Ordinances relating to the Authorities and the Native Courts are fully considered. Statistical information is presented to emphasize the significance of laws relating to peasants’ economic production in the workings of the Authorities. Specific topics that are dealt with include famine relief and the Native Foodstuffs Ordinance, 1924; the policy of “concentrations” in tsetse fly areas; the role of hut and poll taxation to induce participation in commodity exchange transactions and in plantation wage-labouring; the penal sanctions of the Master and Native Servants Ordinance, 1923; and state interventions to control and regulate the marketing of peasant produce. The concluding remarks of Chapter 5 attempt to find theoretical concepts which might explain the use of law in the process of colonization. The categories of conventional jurisprudence are found to be unhelpful, as is the orthodox Marxist theorizing on law as a superstructure reflecting economic conditions. It is suggested that the focus should be on the role of law in the extraction of surplus-value under conditions of capitalist accumulation. It is concluded that the subordination of the Maori in New Zealand was an example of plundering akin to the plundering carried out by European powers during the era of primitive accumulation depended upon extracting absolute surplus-value, with a lengthening of the working year for peasant households, and there was a continuation of formal subsumption of labour under capital without peasant households being entirely dispossessed of their land or means of reproduction. A bibliography, table of legislation, and table of reported cases complete the thesis.
Explaining crime and social control in Tanzania mainland: an historical social economic perspective
(University of Dar es Salaam, 1985) Shaidi, Leonard Paulo
The central hypotheses of this thesis dwells around the following themes: first, the explanation of crime as a creation of the state (criminalization of conduct). Secondly, the explanation of conduct (acts and omissions) as a product of the society. Third, although the major function of criminal law is to foster social control, the state employs other non-coercive measures to achieve the same goal which cannot be ignored. Fourth, criminal law and coercive measures are sometimes directed at goals which have no immediate relationship with social control, especially in states with a poor economic base. Traditionally crime or criminal conduct has been regarded as inherently ‘bad’ behaviour, and treated as if this has eternally been so. Contrary to this belief it is argued that there is nothing intrinsically ‘criminal’ in censured behaviour. In other words the ‘criminality’ of an act or omission lies in the social censure and not in its inherent nature. The state having censured certain acts and omissions with the support of its coercive and ideological apparatuses manages to stigmatize such practices and the participants as abnormal. Through an historical analysis of the phenomenon of crime and social control, it is argued that most censured practices or crimes are a form of individual self preservative conditions of a class society. The victims are nor sick or abnormal, but normal human beings responding in a normal and often rational way to the prevailing socio-economic conditions. It is shown historically how changes in the social formation breeds new forms of behaviour, and how the state responds in both regulating and suppressing those forms of behaviour which threaten the reproduction of the prevailing social relations. This thesis is divided into five chapters corresponding generally to the historical stages in the development of Tanzania, with exception of chapter one which deals with basic theoretical questions considered to be relevant to this work.
Parliament Control and the Accountability Of public Enterprises IN Tanzania
(University of Dar es Salaam, 1986) Mieyo, Paschal Buberwa
The purpose of the study is to examine the system of control and and accountability in Tanzania’s public enterprises, its constraints, consequences and a possible alternative system. The introduction identifies the problem within the perspective of other public enterprise research in Tanzania. The second chapter discuses the major characteristics of public enterprises and their relationship with the government and the public as the basic for the need to study their control structures. The third chapter identifies and analyses the characteristics power relation within the public corporation model as adopted in Tanzania and other third world countries. The fourth, fifth and sixth chapters examine the operational aspects of the external control mechanisms provided by this model and highlight the socio-economic and political asses and consequences of their failure to provide their declared and desired results. The last chapter discusses the consequences of the application of this model to Tanzania in the light of its declared policy of socialism, suggests an alternative approach, its possible constraints and how they may be overcome.
Consumer protection law and practice: its relevance and reality in a developing economy with special reference to Tanzania
(University of Dar es Salaam, 1987) Nditi, Nicholas Nicholas Ngondo
This work is an attempt to examine the relevance and efficacy of the methods, both legal and non-legal, currently applied and those which may usefully be applied in Tanzania to protect consumers against various types of malpractices including overpricing, hoarding, manufacture and sales of defective and/or dangerous products and sales of commodities in incorrect quantities. Employing an historical socioeconomic approach this study investigates two hypotheses. The first, a general one and which runs throughout the work, particularly chapters one and two, is that consumer protection laws and practices believed to safeguard consumer interests are, in fact, in the last analysis, means used by the state to contain open conflicts between the economically strong - commodity producers and distributor and the economically weak, especially individual consumers, and at the same time preserve and further state interests. It is shown in this work that consumer protection laws and practices have got definite interests to protect. They serve the interests of the rulers and the economically strong and that, in fact, the consumer is but a side beneficiary. He has never been the primary beneficiary of consumer protection laws and practices. The second hypothesis, a specific one, is investigated from the third to the fifth chapter It is contended that in Tanzania the state has assumed the role of protecting, and believes it is the protector of, consumer interests. This assumption and belief are reflected mainly in its legal system. It is argued, however, that this assumed role has largely been defeated by the underdeveloped nature of the economy, activities of the state itself, nature of the laws and lack of consciousness on the part of consumers themselves. Chapter six examines para-legal and practical methods to supplement legal measures in protecting consumers. The seventh chapter, summaries the main findings, conclusions and reform proposals appearing in the thesis
Law and urban housing: a study of state intervention in urban housing in Tanzania
(University of Dar es Salaam, 1988) Fimbo, Gamaliel Mgongo
This study defines and explains forms of state intervention through the instrumentality of legislation in the state’s endeavour to solve the urban housing problem. The underlying theme of the study as a whole is the relation between law, state and society. The study seeks to demonstrate that both law and state, in the final analysis, serve the interests of the ruling class. State action is examined in the context of three major housing tenure forms, that is, public housing, owner-occupation and private rental sector. The thesis argues that the present organisation of the urban housing sector in Tanzania does not lead to the production or provision of adequate number of housing units in absolute terms and it does not, in particular, eradicate the housing problem of workers and low income persons. Further, it argues that Tanzania’s emphasis on owner-occupation is retrogressive in so far as housing provision is less related to need and more to the ability to pay. The thesis adopts a historical socio-economic approach in the presentation of materials. Thus while the subject matter with which it deals is essentially the contemporary situation, it sets this within an historical account of Tanzania Laws and housing system. Chapter I is on the research problem and framework of analysis. Chapter 2 discusses urban land tenure, thus providing the framework within which housing units are produced and exchange. Public housing and owner-occupation are discussed in chapters 3 and 4 respectively. Chapter 5 discusses sale and purchase of dwelling units. Private rental sector is the subject of chapter 6 and chapter 7 deals with residential security in the private rental sector. The last chapter, that is, chapter 8 contains a housing strategy for the future.
Implementation of ACP/EEC conventions of lome focussing on the trade cooperation and stabex: limits on the contractual approach to development cooperation,
(University of Dar es Salaam, 1989) Kibola, Hamisi Said
This is a study of legal and associated issues of development cooperation between EEC and ACP countries. The thesis argues that although the Lome Coventions are contractual engagements, their implementation has been a mixed record. There are some important areas of cooperation in respect of which the conventions have not provided the much needed legal security to the ACP`s. The study is divided into five parts of two chapters each as follows: Part I outlines the background to ACP/EEC relations and projects preliminary considerations as well as framework of analysis applied in the thesis. Chapter I shows that the evolution of relations between the two groups of countries has been dynamic. Thus it has evolved from the colonial association context to the Yaounde Coventions and finally the comprehensive cooperation system in Lome. Chapter two underscores the contractual aspects of ACP/EEC cooperation in distinction to the most commonly used instrument of development cooperation - the resolution. Contractual cooperation is presented as legally more stable than resolutions. This hypothesis is more developed and tested through the study. Part II deals with general Legal aspects of the Lome Convendons and covers some specific areas of ACP/EEC cooperation. Chapter three outlines considerations relating to the Contracting Parties, specific features of the conventions , theoretical aspects concerning legal characterisation of the conventions and finally examines the relation between Lome and other relevant international economic engagements. Based on that the legal characteristics of various areas of ACP/EEC cooperation are not uniform, chapter four outlines same of them. The areas covered are; industrial, financial and technical cooperation, institutions of cooperation investments promotion as well as human rights issues. Finally, some peculiar characteristics of Lome III are pointed out. Part III covers one of the core areas of this study - trade cooperation. Chapter five makes an analysis of the Iegal regime of examines ACP/EEC trade expansion possibilities and reviews actual trends of ACP/EEC trade. The conclusion derived is that in spite of liberal trade access provisions of the Lome Conventions, ACP trade has not increased and that on the contrary, ACP share of the Community market has contracted. To relate various aspects of this problem, implementation of ACP/ EEC trade is examined in chapter six. Controversial areas of ACP/EEC trade including; impact of the Common Agricultural Policy, erosion of ACP preferences by most Favoured Nation and GSP rates, origin system, safeguard measures as well as sanitary and phytosanitary regulation s are covered. Part IV examines the system for stabilisation of ACP export earnings . Chapter seven tackles the stabex system for agricultural products detailing the background, various operating rules, role of the Commission of European Communities and financing obligations of the Community. Problems that have emerged on implementing stabex are appraised. The stabex system for minerals is a subject of analysis in chapter eight. Chapter nine covers the system for guaranteed prices of agreed quantities of ACP sugar and brings out problems concerning price fixing as well as those arising out of ACP failure to supply agreed quantities of sugar to the Community . Part V is the final part. It relates problems centred on dispute settlement as well as enforcement of the ACP/EEC conventions. Chapter ten examines dispute settlement provisions and shows that although arbitration has been provided for, the main instrument used is that of negotiation within the ACP/EEC Council of Ministers. the major theme emerging is that as an economically stronger partner, the Community had dominated decision making. the status of Lome Coventions in the Community legal order and its implications to their enforcement is thereafter covered. The concluding chapter summarizes the main findings of the study and outlines the critical factors which have determined the relative effectiveness and /or limitations of the contractual cooperation system in Lome. It projects the future dimensions of ACP/EEC cooperation as the two groups of countries move towards Lome IV and finally makes suggestions on various initiatives to be undertaken which could be useful in enhancing the effectiveness of the ACP/EEC cooperation system.
The role of law in the development of science and technology, related policies and strategies in post-independence Tanzania
(University of Dar es Salaam, 1990) Nguluma, Alexander Thomas
The role that law may play, and the form it may take, in the development of science and technology and the formulation of strategies relating thereto. In any society; and Tanzania in particular, is an area which has of date not received satisfactory attention in legal studies. Yet science and technology advance has assumed a central position in the development and transformation of socio-economic systems, particularly since the birth of the capitalist mode of production. In recent years intensive research efforts have been directed towards examining the character, efficacy and limitations of domestic and international legal regimes, and various legal relations affecting economic activity. The specific areas which have attracted considerable attention and controversy include intellectual property laws; international technology transfer agreements such as technology licensing agreements; management and technical services agreements, turn-key contracts, consultancy agreements, marketing and distributorship agreements etc., and foreign direct investment laws. No attempt has been made to study and synthesize the various laws relating to science and technology development or to establish the relationship between law, science and technology and the overall socio-economic development: This work is an attempt to investigate into legal and operational rules associated with scientific and technological advance with particular reference to post-independent mainland Tanzania (1961 -1990) employing the dialectical materialism method, it is intended to unveil and evaluate the legal regimes, both domestic and international, and their underlying socio-economic conditions, essential for the emergence, growth and transfer of scientific and technological capacities. These include foreign direct and private investment regulatory regimes, domestic and international patent systems, the regulation of scientific and technological institutions; their operational rules, procedures and practices, and efforts by international institutions, such as UNCTAD, WIPO and UNCTC, to regulate international technology transfer. Cross-fertilization of the author's ideas with concepts of researchers in various disciplines is employed throughout this work. Case studies are also referred to, to elaborate the arguments and theories advanced by the author in support of; or in contrast with, other researchers. On the basis of the study, it is observed that law figs an important role to play in the development of science and technology policies and strategies in Tanzania; as elsewhere in the world community. However, it is emphasised that in the case of Tanzania; the need arises for long term transformation of the social relations of production and distribution. This should involve the enforcement, to the fullest extent; of relevant existing laws, and the formulation of new legal regulations and arrangements, if the country is to develop self-generating scientific and technological capacities within a foreseeable future. On the basis of the foregoing, it is hoped that this thesis will make a contribution towards the understanding of the relationship between science and technology development and related laws; and stimulate further research in the area.
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.
Grappling with the epitome of corruption in Tanzania: the case for circumstantial evidence
(University of Dar es Salaam, 2007) Hoseah, Edward G
Corrupts practices are invariably clandestine; consequently, it is often difficult to secure direct evidence to support fair convictions in prosecuting corruption cases. Furthermore, allegations about who is corrupt have often been claimed to have great potential of being used as means of mudslinging and maligning political and or social opponents. It is for this reason that cast iron proof has often been demanded in corruption prosecution. The privileging of direct evidence over indirect evidence has often seen as one of the means to safeguard against possible miscarriage of justice in the prosecution of corruption cases. This thesis presents the design and findings of a study whose main aim was to determine the effectiveness of existing legal frameworks (legislative and interpretative) in detecting, investigating and prosecuting corruption cases in Tanzania. Specifically, robust but balanced discussion is presented on the fundamental problem of over-reliance on direct evidence as opposed to circumstantial evidence in evidence gathering, prosecuting and securing convictions in corruption cases. Support is then given to plea for the conscious privileging of circumstantial evidence over direct evidence the effect of which will be advance the deterrence effect of anti-corruption prosecution, particularly with a view to increasing success in the prosecution of corruption cases brought to the courts of law for judicial dispensation.
Intellectual property rights and the regulation of access to and benefit sharing of genetic resources in mainland Tanzania
(University of Dar es Salaam, 2008) Mwaipopo, Rita Alice
The thesis has examined the legal framework governing the ownership and management of genetic resources in Mainland Tanzania. The thesis has examined also the administrative measures and practices concerning the access, use and transfer of genetic resources belonging to Tanzania. The problem addressed in this thesis is the absence in Mainland Tanzania of a legal regine regulating access to genetic resources as well as benefit sharing, and the inadequacy of the intellectual property rights regime in providing protection for genetic resources and products derived therefrom. The parents(Registration)Act, Cap. 217R.E. 2002. and the protection on New Plant. Cap.344 R.E.2002 are inadequate in ensuring effective protection of genetic resources and products derived from the resources in Tanzania. The main hypothesis that has guided the study is that, Tanzania lacks a clear policy and legal regime for the regulation of bio-prospecting activities. The thesis, therefore, has critically analysed the statutory provisions in force concerning access to wild and agricultural genetic resources. It has also described the provisions of the relevant international treaties which Tanzania has signed, namely, the WTO-TRIPS Agreement of 1991, the United Nations Conservation on Biological Diversity of 1992, and the International Treaty on plant Genetic Resources for food and Agriculture of 2001. With the aid of interviews, case studies. Documentary reviews and personal observation, the hypotheses made have all been proved. Several recommendations have been made to fill the gaps in the law and to address the inadequacies in the enforcement of existing provision of law.
Language and power in the courts of Tanzania
(2008) Griken, Anna Martha Van
This is a Critical Discourse Analysis (CDA) study of 30 written land case judgements, originating from Tanzania's District Courts via the High Court to the Court of Appeal, dating from 1974 till 2005. The study seeks to determine the extent to which the ideological affiliations of magistrates and judges may result in empowerment or disempowerment. CDA is used to clarify the ideological affiliations reflected in the language of the 30 written land case judgethents. A set of 10 guiding questions proposed by Norman Fairclough (2001b:92-93) are deployed, modified to gain further insights by drawing on Systemic Functional Linguistics (Halliday and Matthiessen 2004). This resulted in the elicitation of detailed lexical, syntactic and intersexual manipulations assumed to have informed the productions of those 30 judgements as texts. Based on the elicited lexical, syntactic and intersexual manipulations the experiential, relational and expressive values of the magistrates' and judges' language were established. The findings of the study suggest that on the one hand the magistrates and judges seek to demonstrate their affiliation to the common law notion of impartiality by employing lexicon that is abstract, formal and metaphorical. They also seek to project impartiality by deploying syntactic manipulations of detachment such as passivation, nominalization, dummy Subjects and relational and expressive modality. However, the magistrates and judges did also exploit meaning choices, such as the use of I think, I feel, that on strategic occasions in the course of text production required projection of a sense of involvement and humane commitment specifically with regard to interpretation of points of law. It is noted in conclusion that when cases are appealed they become more and more about abstract points of law, and the interpretation of those points, couched in formal and abstract legal English. It is suggested that this may be a source of possible disempowerment especially to those not familiar with common law notions of justice as well as English.
Contribution of criminal intelligence in the war against crime in Tanzania mainland
(University of Dar es Salaam, 2011) Feleshi, Eliezer Mbuki
The statistics available in the Police Force adequately showed that the increasing number of criminal activities in the country from the 1980s demonstrated how normal crime prevention and control measures by the police had failed to contain the problem. An exploratory study based on documentary review and field research was therefore undertaken to investigate the contribution of criminal intelligence in the war against crime in Tanzania Mainland. The study has revealed that the police criminal intelligence service in the country is still immature, not spread countrywide, reliant on old models of reacting to reported crime incidents and under-resourced. Due to lack of integrity and cooperation, and other problems, intelligence and investigative agencies have not fully exploited the intelligence collected from various sources to repress the prevalence of crime, and has thus caused crime reports which are reported to them but ignored, to be subsequently successfully investigated and prosecuted adhering to directives given by bureaucrats. This work further portrays that the lessons learnt from the Tanganyika British’s rule Police Special Branch, and from other jurisdictions where police forces are backed up by fully-fledged systematic criminal intelligence service capable of detecting and preventing crime, rather than simply waiting to react to them, if adopted and utilized, would enable the police to reduce the crime rate. The work therefore recommends a number of steps to remedy the deficiencies in the present set-up, including establishing an independent, robust and ethical criminal intelligence division in the Police Force that is supplied with adequate resources and guidelines, so that criminal intelligence and investigative agencies and other stakeholders cooperate in combating crime.
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.
Application of the public procurement act, no. 21 of 2004 in public corporations: the case of the Tanzania broadcasting corporation in 2009
(University of Dar es Salaam, 2012) Mlawa, Gwakisa Martine
Public Procurement in Tanzania has undergone various changes for the better since the first commissioned consultancy by the Crown Agents in 1992. In 1996 and 2003 the Word Bank prepared the Tanzania Country Procurement Assessment Report (CPAR). The assessment identified a number of serious weaknesses in the country's Public Procurement system, and recommended urgent reforms which, among others was the enactment of the law that would govern the public procurement process in the country. The reforms led to the enactment of Public Procurement Acts (Act No. 3 of 2001 and later Act No. 21 of 2004). The said Acts, therefore, were enacted as a reactive response to procurement problems and specifically with a view to instituting efficiency in the country’s procurement system. This study aspired to examine all these limitations that slow down effectual application of the Public Procurement Act, No.21 of 2004. It exposes limitations in application of the Public Procurement Act, 2004 at Tanzania Broadcasting Corporation (TBC) and subsequently develops possible solution to existing problems associated with the Act. The study was conducted at the Tanzania Broadcasting Corporation (TBC) Headquarters, Nyerere Road and at the Corporation’s Television Station (TBC 1) at Mikocheni, Dar es Salaam. The researcher collected data mainly through interviews, questionnaires and documentary sources such as files, books, different reports and past studies on the subject The study has established that TBC, like many other procuring entities in Tanzania, has experienced problems with the application of the Public Procurement Act No.21 of 2004. It was seen that 90% of respondents pointed out the following as the reasons for problems with the application of the rules and regulation governing public procurement in Tanzania; inadequacy of the Act, poor implementation of the procurement plan, lack of capacity of the personnel manning the procurement units within the organization, poor records keeping, poor contract management and interference with functional areas namely Procurement Management Unit, Tender Board, Evaluation Committee and Accounting Officer. The environment surrounding public procurement within the public service has led to problems in the applicability of the Act leading to failure to achieve the main pillars of public procurement that is transparency, economy, efficiency, eligibility, probity, ethics, equality and value for money. Other factors have also been unearthed from within the PE itself. The researcher hopes that the output from this research study shall be of practical use to the Tanzania Broadcasting Corporation (TBC), the Public Procurement Regulatory Authority (PPRA), the Government and other stakeholders and will have a positive impact in the proposed Act.
Legal and institutional framework for combating the prevalence of counterfeit and substandard pharmaceuticals in Tanzania
(University of Dar es Salaam,, 2012) Kamugisha, Grace Kazoba
Various reports have indicated thal there arc counterfeit and substandard drugs in Tanzania to the detriment of consumers' rights. The problem is mainly perpetrated by the traditional interpretation and application of intellectual property (IP) law. This is because IP law does not directly recognize consumers as having a right of action while it mandates a possibility of different definitions of especially counterfeit medicines under various legal systems and legislation among other problems. This looked at, in the context of trade liberalization policies including in the East African Community (EAC) context and within the framework of the EAC's Customs Union Protocol, which encourages free movement of goods and services, while different states have different definitions, can be seen as a potential legal impediment towards Tanzania curbing counterfeit pharmaceuticals. On the other hand a myriad of measures to address the problem of medicines’ counterfeiting have sometimes traversed the boundaries and interfered with legitimate measures designed to facilitate access to affordable drugs. The study was qualitative in nature. It employed documentary review and field research methods. In its analysis it employed IP law as a major theoretical framework and where relevant it referred to international trade and the human rights based approach including human rights law. The major key findings of the study were that in Tanzania there are counterfeit and substandard pharmaceuticals which affect consumers’ rights to health, life and information. There are no appropriate and adequate measures to address the menace. IP related legal framework does directly recognize the interests of consumers and it does not facilitate access to affordable and ‘quality* medicines. This should be addressed as a human rights issue.
Protection of the rights of migrant workers in Tanzania
(University of Dar es Salaam, 2012) Masabo, Juliana
This study examines the protection of migrant workers in Tanzania, a country which, in terms of current migration discourse, plays a threefold role, since it is a sending country, a transit country, and a receiving country. The study examines the adequacy of the laws that protect the rights of workers who leave their countries to take up employment in Tanzania. The national regulatory framework on labour migration is evaluated by using international, regional and sub-regional legal instruments that provide the standards for the protection of migrant workers. Comparative best practices from various countries are also described in order to examine and identify the gaps in the current legal and institutional framework. The study examines four key areas, namely, the admission of migrant workers and their access to the labour market, conditions of employment, freedom of association, and social security rights. These areas are examined by means of a thorough contextual, legal and policy analysis and an empirically based validation from which various observations and conclusions are made. The study establishes that pertinent legal and practical protection issues exist. First, there is no comprehensive labour migration policy or regulatory framework. The available framework comprises incoherent pieces of legislation and policy documents which sometimes differ, depending on what they seek to achieve. Second, the current regulatory framework, apart from being fragmented, is largely inadequate and overwhelmingly orientated towards immigration control. Third, the supervisory institutions are similarly uncoordinated and notoriously inefficient. All these factors impact negatively on the livelihood of migrant workers. The study consistently maintains that Tanzania can reap the economic benefits of international labour migration only if her regulatory framework is rational and responsive to the protection needs of migrant workers. With the guidance of international standards on migrant workers and comparative best practices from other countries, the study provides some suggestions to facilitate the formulation of a rational labour migration framework that addresses socio-economic realities without negating the rights of migrant workers. To achieve this goal it is recommended that the labour migration framework should be integrated into the overarching national socio-economic development strategies. In addition, the framework should adopt a rights-based approach and be aligned with international, regional and sub-regional norms on the protection of migrant workers.
Criminal sanctions efficacy in environmental management in mainland Tanzania: the Case of Wildlife Resources
(University of Dar es Salaam, 2012) Levira, Mary Caroline
Enforcement of environmental law in Tanzania relies heavily on the use of criminal sanctions. The use of criminal sanctions in dealing with environmental crimes is debated around the world. This study examines the criminal element of wildlife legislation with a view of determining how it affects the management of the environment and why. It was the finding of the study that the existing literature hardly advocates the use of alternatives to criminal sanctions. Instead, almost every wrong which is committed under the wildlife legislation is treated as a crime. In this qualitative study, a collective study design was used. The sample was selected purposevely and it involved a total of eighty two (82) participants. Both primary and secondary data were used, particularly interviews and documentary review. In view of the study findings the deterrent effect of criminal sanctions in wildlife management is acknowledged, however, we argue that it falls short of expectations because it does not address the underlying causes behind the committed crimes. Many forces come into play against total reliance on criminal sanctions as a strategy to stem the tide of environmental crimes in nature reserves: poverty and poor public participation in the management of wildlife resources being among other factors. This study concludes that, the criminal element of wildlife legislation affects negatively the management of the environment. It recommends use of other approaches such as, enhancement of public participation; poverty eradication; and establishment of mobile courts to ensure the efficacy of enforcement of criminal sanctions in addressing wildlife crimes in Tanzania in general, and at study sites in particular.
Law and corporate governance in Uganda: the role of directors and secretaries
(The university of Dar es Salaam, 2012) Zeija, Flavian
This study exposes the divergence both in theory and practice between the Eurocentric and Afrocentric approaches to sound corporate Governance. It was premised on the law and role of directors and secretaries in corporate governance. It highlights the determinants of directors/secretaries unethical behaviour in corporate governance in Uganda against the backdrop of existing legislation in Uganda. The study population comprised Directors, Company Secretaries, Company Registrars, Procurement Professionals, Judges, Court Registrars and Magistrates. Data was collected using interview guides and self administered questionnaires. The interview guides helped to collect qualitative data. Quantitative data was collected using questionnaires and was analysed using SPSS V19. The study established low levels of corporate governance in Uganda. It established that shareholders wealth maximization encourages unethical behaviour of directors. In a highly competitive economic environment, directors are under huge pressure to produce the returns that shareholders require. Violation of company law and other legislation becomes a necessity and not an option. A company has been turned into a vehicle for stealing public resources. Government is now the main source of cheap capital for companies belonging to bureaucrats. It was established that in Uganda, illiterate persons own and manage companies; they do not keep records, do not file annual returns and do not hold the necessary general meetings. The operation and management of the company was found to be premised on the convenicne theory of Corporate. The study recommends and proposes the enactment of a legislation to set qualifications of directors/secreatries and to impose deterent sentences for impropriety.
The principle of permanent sovereignty over natural resources: its application in regulating the mineral sector in Tanzania
(University of Dar es Salaam, 2013) Kilangi, Adelardus Lubango
This thesis examines the application of the principle of Permanent Sovereignty over Natural Resources (PSNR) in regulating the mineral sector in Tanzania. This principle was developed following complaints from resource-owning developing countries about inequitable arrangements for exploitation of their resources with resource-seeking developed countries. In its formulation the principle addressed this concern by espousing four rights to resource-owning countries, namely: the right to assert ownership of their resources; the right to manage and control the exploitation of their resources; the right to exploit their resources; and the right to benefit from the exploitation of their resources. Tanzania is endowed with a wealth of mineral resources, and is party to various treaties that embed the principle. However, its people are unhappy and discontented over the way these resources are being exploited. Thus, while employing mainly qualitative methods of research and taking a legal focus, this study sought to find out as to how Tanzania has applied the principle of PSNR in regulating its mineral sector. The findings of this study show that Tanzania has pursued mainly a resource-liberalism approach in applying the principle of PSNR to its mineral sector. This approach has negatively affected the country’s authority: to manage and control the exploitation of its mineral resources; to get the country and its people fully involved in exploiting their mineral resources; and to get maximum benefits from the exploitation of those resources. The thesis recommends that, Tanzania needs to address issues of capacity, technology and capital in its mineral sector, in order to enjoy full sovereignty over its mineral resources. However, these endeavours must be accompanied with spirit of patriotism and strong political will.

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