University of Dar es Salaam School of Law

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Creditor rights under the low and practice of corporate insolvency in Tanzania.
(University of Dar es Salaam, 200) Mandari, Victoria Benjamin
This wok assesses the question of creditor rights under various forms of insolvency. It examines the current law governing corporate insolvency generally and the various statutes which either directly or indirectly determine the treatment of all types of creditors in insolvency situations. Corporate insolvency in Tanzania entails much more than what is provided for under the companies ordinance. In this regard, this study examines different legal regimes governing corporate insolvency regime and the PSRC insolvency regime. This study investigates three hypotheses. The central hypothesis is that law governing the rights of various types of creditors in corporate insolvencies is outdated, unnecessarily complex and scattered over a wide range of statutes which in some cases are contradictory to each other at worst and ambiguous. The first sub-hypothesis is that there is an alarmingly high level of uncertainty on the treatment of creditors in any particular insolvency, that while some creditors are unduly given preference over others, certain other creditors give up their rights. The second sub-hypothesis is that the existing law and practice is antiquated and inequitable in that it rewards creditors who had the right and power to prevent an insolvency but never took action. The third sub-hypothesis is that there is very little apparent willingness on the part of the government to depart from legal regimes founded on complex and most often misplaced English law concepts. This work is divided into an introductory section and five chapters. The first chapter outlines corporate law in Tanzania. Chapter two highlights various legal regimes, which govern the treatment of creditor rights under the existing law. Critical appraisal of the law and practice of corporate insolvency is made under chapter four. Chapter five concludes the work and gives some recommendations.
Tanzania and the fight against organized transnational crimes: municipal law trends
(University of Dar es Salaam, 200) Kagomba, Abdi Shaban
This dissertation examines Tanzania’s municipal legal framework for fighting organized transnational crimes vis-à-vis the institutional framework available under international law.It has been observed that there has been an apparent delay in incorporating international legal instruments into local legislation thereby weakening Tanzania’s participation in the fight against organized transnational crimes. Besides this, municipal penal laws have continuously been facing a mischief as to sentences. The dissertation shows that preference to fine as opposed to jail terms has weakened the actual deterrence effect of the sentences to potential offenders, especially those with means.While at theory level deterrence as a penal policy has been blurred as incapable of reducing the crime rate, this dissertation takes an opposite view and argues that the minimum sentences Act, 1972 which was based on deterrence policy could have been successful were the courts ready to further the good intention of the legislature embodied therein.Therefore, while enhancement of sentences and international judicial co-operation are recommended for the types of crimes under this study, a call is made for a review of retroactive laws and policies with an assertion that without effecting the proposed improvements fighting organized transnational crimes will be difficult
Challenges and effects of liberalization of the insurance industry in Tanzania: Law and practice
(University of Dar es Salaam, 202) Muruke, Zainab Goronya
For about three decades starting from 1967, insurance business was under the virtual monopoly of the two state owned Corporations, namely, the National Insurance Corporation of Tanzania Limited (N.I.C.) and the Zanzibar Insurance Corporation Limited (Z.l.C) In 1996, following the enactment of the Insurance Act in that year, insurance business was liberalized thereby opening the doors into the local market for private insurance practitioners. This paper is a study of the challenges and effects brought about by liberalization on the insurance industry. Towards this end, firstly, a brief historical background to insurance business in Tanzania is rendered. This reveals that prior to 1967, insurance business was conducted on the basis of free-market conditions. But from 1967, following the Arusha Declaration, insurance business was nationalized . But due to the social and economic changes that have been taking place the world over, the business had to be liberalised. This culminated into the enactment of the Insurance Act, 1996 and the making of the Insurance Regulations, 1998. It is also revealed in this study that among the effects of liberalisation has been the setting up of a regulatory framework that is designed to suit the socio-economic needs of the country. A comparative analysis of the regulatory mechanisms in other countries, both developed and developing ones, is made. Challenges facing the local regulatory authority in achieving the goals perceived in liberalisation are also pointed out. Challenges and effects of liberalisation on insurance companies, brokers and agents are also discussed. Among the effects has been the setting up of registration and capital requirements for these practitioners. To meet these requirements has been a big challenge to the practitioners. Other challenges include the need for effective customer care, professionalism and staff training. The study finds that the policy and the legal framework are satisfactorily founded to accommodate the changes brought about by liberalisation in the insurance industry. However, there have been some problems in their implementation. Delay in the establishment of the long awaited and vitally important National Reinsurance Corporation is one of the examples. There have also been some problems in effective supervision of insurance practitioners and in affording protection to customers who have been adversely affected by the collapse of insurance companies. Tue paper recommends, among other things, the need for some improvements in the office of the Commissioner of Insurance, the Tanzania's regulatory authority. It is also recommended that insurance practitioners endeavor to work together so as to more effectively face the challenges facing them. The ope rationalization of a local reinsurance corporation is also strongly urged for.
A historical general assessment of the role of the World Bank globally with special reference to Brazil and Tanzania
(University of Dar es Salaam, 1970) Sinare, Hawa
Most member countries of the Bank are dependent, countries for part of their so-called development projects. Most of these countries realise that they are underdeveloped exploited oppressed and dependent because of the historical and present relationship between them and the capitalist/imperialist countries. They generally agree that this position must be changed. The method by which the position may be changed differ with different oppressed countries. However there is a general consensus that for these countries to be independent economically fast enough, resort must be made to development loans especially from the World Bank. This is made on the assumption that the World Bank, being [rather appearing to be an independent multilateral financial institution will be impartial and unexploitative. The World Bank publications [Annual Reports, Sector Papers, Reports of Annual meetings of the Board of Governors], indicate that the main function of the World Bank in this area is to help and guide the oppressed countries to achieve their economic goals which are for the establishment of developed national economies.The present thesis is based on the premise that it is not possible for an oppressed member country and in that behalf particularly Tanzania, to achieve a developed national economy by basically or substantially using loans from the World Bank.The world Bank, which was established out of the needs of capitalism in 1945 so as to refurbish capitalism and to act as an instrument by which the capitalist/imperialist countries, particularly U.S.A. could export their capital to the oppressed countries, serves as an instrument of exploitation compelled by economic laws specific to this epoch of imperialism. It cannot therefore serve as a basic instrument of economic development for the oppressed countries in any meaningful way. In part one we discuss the historical development of the World Bank, its lending and voting procedures, its sources of capital and its relationship with other international organisations. The global operations of the Bank are examined and one of the oppressed countries, Brazil, is taken as one of the two case studies of the role of the World Bank in the oppressed countries.Chapter one, entitled "The Historical Origins and development of the World Bank," we deal with the historical economic events which necessitated the establishment of the world Bank. It is shown that the Bank was established at a stage when capitalism was in a crisis after the two Imperialist World Wars. When the World Bank was established, already the relationship between the Capitalist/imperialist and the colonially oppressed countries been established as an exploitative one. The Bank merely came in to revive capitalism and act as an instrument of revived exploitation for the capitalist/imperialist countries on the basis of US. inspired policy of "multilateral imperialism" operating under neo-colonialism. The membership of the Bank is comprised of 130 countries of which only about 7 represent the capitalist/imperialist countries. These few countries control the capital, investments, management, voting power decisions and tha activities of the Bank. The preminence of the U.S.A.'s control of the Bank, it being the Bank's largest subscriber is shown. Then we discuss the affiliates of the World Bank and the relationship that exists between the World Bank and these affiliates. In Chapter two, we deal with the lending policy and procedures and activities of the Bank globally. It is shown that the Bank's global lending operations since its inception up to 1975 has amounted to $27,136.7 millions, of which $21,716.7 was lent to oppressed member countries alone!. According to the lending rules ( taking Brazil and Tanzania as examples), the amount of capital which is paid back is more than twice that which was borrowed. Instead of developing, the oppressed countries continue to be poor and dependent. The surplus value which is generated in these countries is extracted through raw materials, cheap labour and extractive industries import substitution which are the projects which the Bank finances. In chapter three we have a case study of Brazilian frustrations and hopes of Development Loans and Credits. Brazil is taken as an example of an oppressed country endowed with plenty of natural resources and which has tried to develop a national economy by using loans from the Bank and failed. In part two, we concentrate on the socio-economic history of Tanzania. We examine the colonial period and the post-independence period up to the Arusha Declaration and after it which is a period of heavy world Bank involvement in Tanzania. It is shown that Tanzania is no exception to the economic laws of imperialism. In chapter four section one, we discuss the economic structure of Tanzania before independence. It is shown how Tanzania having been incorporated into the capitalist system, became a supplier of raw materials for industries based first in Germany and then in Britain and an area of lucrative investment of finance capital and a market (dumping ground) of manufactured goods from the metropoles. Chapter Four : 2, concentrates on Tanzania after independence up to 1967, It shows that when Tanzania got independence and (even 10 years after the Arusha Declaration) the economic relationship with imperialism did not substantially change. Chapter five deals with the role of the World Bank in Tanzania, especially after 1967 and the implications of such role. It shows that contrary to the policy of self-reliance enunciated in the Arusha Declaration, 11 years after it, Tanzania is more dependent on external financing particularly from the World Bank loans and credits than ever before. It shows how the World Bank determines the type of projects that Tanzania trust implement and controls the major economic as well as some of the major political policies in Tanzania. In Chapter five we examine some aspects of the 1974 world Bank Appraisal Report of the economic position of Tanzania including its recommendation for future economic development. A critique of some aspects of the Appraisal Report is included.Chapter six is our conclusion. Here we stress the point made throughout the dissertation that loans and credits particularly from the World Bank are not the solution to the present poverty of the oppressed countries because the cause of poverty lies within the present international capitalist economic system.
Customary land law and the economic development of Uganda
(University of Dar es Salaam, 1971) Obol-Ochola, James Y.
The purpose of this dissertation is two-fold; first to examine the subject of customary land law in the light of other tenures existing in Uganda and giving the general outline of the nature and picture of the traditional land tenure; secondly, to appraise and criticise the traditional, system of land holding from the point of view of its defeats, incapacity, suitability and adaptability to the needs' aspirations and goals of economic development of Uganda. Indeed, a practical and possibly idealistic question we must endeavour to answer today in Uganda is what are the implications of the various declared economic policies to customary land tenure. Will the traditional tenure frustrate or facilitate the implementation of these policies? Can customary land law be adapted to, or harmonised with these policies particularly the principles of the Common Man's Charter. For purposes of empirical verification of our discussion and criticism of traditional land tenures the dissertation discussed the two experiments of adaptation of customary tenure in Uganda - the Mailo Scheme and the Pilot Scheme for Registrar of land titles in Kigezi.
A study of the understanding of mathematical ideas and concepts among Tanzania secondary school pupils
(University of Dar es Salaam, 1973) Mmari, Geoffrey R. V
The research study covers work done during a span of four and a half years beginning in July 1968. As the title of the dissertation suggests, the primary objective of the study was to find out the extent to which pupils at the Form two level of Secondary school education understand mathematical concepts and ideas. Form two is selected because it appears to be the major water-shed, both historically and in current practice. After two years of secondary school work, there is a tendency for schools and pupils to separate the strong from the weak in mathematics and other sciences. The Dissertation is presented in five chapters accompanied with tables, figures, and followed by appendices. There are nine appendices, twenty-five tables, and sixty-three figures. In the research design these being Chapter One attempts to provide a background to the study by stating the nature of the problem and the necessity for the study. Terms used in the rest of the study are defined and the setting in Tanzania provided. The problem is seen to be one of improving performance in mathematics by improving the quality of teaching to enhance understanding of the mathematical concepts and ideas. The basis for improving and understanding of mathematical concepts is seen to be research into pupils' pattern of understanding with a view to identifying the concepts found difficult by them. Chapter Two examines the literature around the problem to be examined and related problems. It is found that not many studies have been done in Tanzania to investigate pupils' understanding of mathematical concepts. Research carried out elsewhere was found useful in providing both theoretical and practical reference for this study. In Chapter two methods of data collection are reviewed. Research designs of other researchers are studied, and relevant approaches adapted for this study. A full account is given of the factors used in the research design, these being: geographical location of the schools, sex of the pupils, management of the schools, residential status of the schools, and type of mathematical programmes offered in each school. Chapter Three is devoted to discussion on collection of data. A list of topics covered during the first two years by each programme is given and followed by a list of topics common to all three. The list is used in constructing the testing instrument. Altogether 47 schools were earmarked for the test but 42 actually participated. A total of 1,624 pupils were involved, of whom 722 were on Traditional Mathematics, 552 on Entebbe Mathematics and 350 on School Mathematics for East Africa (SMEA) programmes. Of the 1,624 pupils, 661 were in Government Schools, 728 in Voluntary Agency Schools, and 235 in Private Schools (including Seminaries). The total sample included 745 pupils in boys’ schools, 510 pupils in girls’ schools and 369 pupils in coeducational schools. Finally, of the total, 1,213 were in Boarding schools while 411 were in Day schools. Private Schools; Boys, Girls and Coeducation Schools Chapter Three gives the re-arranged order of topics for the Final test as well as the complete Test itself. The reliability and validity of the Test are discussed in this chapter. The coefficient of reliability was found to be 0.7097, using the Kunder-Richardson Formula 20. The coefficient of validity is calculated from data obtained in Terminal and Annual examinations in mathematics. These coefficients range between 0.39 and 0.52. Chapter Three is devoted to discussion on collection of data. A list of topics covered during the first two years by each programme is given and followed by a list of topics common to all three. The list is used in constructing the testing instrument. Altogether 47 schools were earmarked for the test but 42 actually participated. A total of 1,624 pupils were involved, of whom 722 were on Traditional Mathematics, 552 on Entebbe Mathematics and 350 on School Mathematics for East Africa (SMEA) programmes.us Of the 1,624 pupils, 661 were in Government Schools, 728 in Voluntary Agency Schools, and 235 in Private Schools (including Seminaries). The total sample included 745 pupils in boys’ schools, 510 pupils in girls’ schools and 369 pupils in coeducational schools. Finally, of the total, 1,213 were in Boarding schools while 411 were in Day schools. Private Schools; Boys, Girts and Coeducation Schools Chapter Three gives the re-arranged order of topics for the Final test as well as the complete Test itself. The reliability and validity of the Test are discussed in this chapter. The coefficient of reliability was found to be 0.7097, using the Kunder-Richardson Formula 20. The coefficient of validity is calculated from data obtained in Terminal and Annual examinations in mathematics. These coefficients range between 0.39 and 0.52. In Chapter Four an analysis of results is presented. The following hypotheses were tested: the null hypothesis that there is no difference in achievement between schools following different programmes, the null hypothesis that there is no difference in achievement between pupils in schools run by different managements, the null hypothesis that there is no difference in achievement due to sex, and the null hypothesis that there is no difference in achievement between pupils due to the boarding status of the school. These hypotheses were tested by calculating the F-values and t-values at the 1 per cent level of significance. Results show that the only hypotheses rejected are that there are no differences in achievement between SMEA and Traditional programmes and between Girls and Coeducational schools. The other hypotheses cannot be rejected: that there is no difference in achievement between Government, Voluntary Agency and Private Schools; Boys, Girls and Coeducational Schools; Boarding and Day Schools. Solo Also presented in Chapter Four, is a full Item Categorization. Six categories are considered. First category covers manipulative abilities items. Second category covers items testing knowledge and understanding of formulas, theorems and mathematical terms. Third category items test ability to translate sentences into algebraic or graphic representation. Fourth category items test ability to draw conclusions from given data. Fifth category items test ability to recognize which facts or processes are necessary for the solution of a problem, and to use these accurately in the solution. The sixth category of items test ability to visualize forms and relationships in three-dimensional space and to apply knowledge of algebra, plane geometry, or trigonometry to them. An analysis of performance in the different categories shows that in all programmes, pupils have not sufficiently mastered the fundamental algebraic operations. There is also lack of sufficient understanding of formulas, theorems and mathematical terms. Ability to translate sentences into algebraic or graphic representation is lacking among many pupils irrespective of programme followed. Although performance on some items was satisfactory, it was observed that pupils lack reasonable ability to draw conclusions from given data. Finally, it was observed that there is an indication that ability to recognize which facts or processes are necessary for the solution of a problem and to use these accurately in the solution has not been adequately observed. In Chapter Five, Conclusions based on analysis of results are made. For ease of presentation, the conclusions are analysis. Recommendations based on the statistical evidence and on survey of studies elsewhere are given at the end of the chapter. These recommendations also cover areas of further research. A complete bibliography of eighty-one sources cited in the study is given. This is followed by Appendices and Figures, whose titles appear in the table of contents and are self-explanatory.
Land law and policy in Tanganyika 1919 – 1932
(University of Dar es Salaam, 1973) Lyall, Andrew Bremner
A. General Little has been written on the historical development of land law and policy in Tanganyika during the colonial period. What follows is an attempt to remedy that deficiency, at least for the period from the imposition of British colonial rule toward the end of the First World War, to the departure of the second colonial governor, Sir Donald Cameron, in 1932. Some shortcomings have to be mentioned at the outset. The period chosen is arbitrary. Historical development is a continuous process and no date chosen can represent a totally new departure. Nevertheless, the bulk of the material on the subject required some limitation of time and we believe that the period chosen is sufficient is bring out the basic contradictions of the land policy and the characteristics of the land law. There is one apparent shortcoming we will disclaim at the outset. It might seem that there is more in the study of administrative policy than of law. This is due, partially, we admit, to the methodology adopted, and for which we make on apology, which is to examine the law against its social, that is to say, class background, in order to understand the law itself. But the bias is also inherent in the material and is broadly the thesis of the work. The fact is that the British administration, at times unconsciously, at other times consciously, shied away from giving legal expression to the policy adopted, this is particularly true in the area of African rights, where in spite of pledges and an attempt at a matter of administrative expediency, not of law, also in the case of the European settlers, the government retained wide powers in relation to land, and the settler form property – the right to occupancy – bore little relation to the developed form of individual ownership that had emerged in England by the nineteenth century. The reasons for this cannot be found in the law, or indeed in the conscious statements of the administrators. It must be found by examining the material basis of society in colonial Tanganyika, that is to say the class relations in that sphere of law, which is both ideology and state power. The methodology is therefore to examine this basis and then to relate it to the fundamental characteristics of the law, which will be done in this introduction, and then, in the body of the work, to bring out evidence to support the theses. We will first examine, then, the class relations in colonial Tanganyika and the relation of those classes to the state. B. CLASSES IN COLONIAL TANGANYIKA 1. The metropolitan bourgeoisie and the state The colonial state in Tanganyika was essentially an extension of the metropolitan state in Britain, and was likewise an instrument of the same class, the metropolitan bourgeoisie, who constituted the British ruling class. The functionaries who operated the state machine, and who made the law, in Tanganyika, were appointed mainly from London. The Governor was a member of the British Civil Service, was appointed, and could be removed, by the British sovereign (in effect by the secretary of state for the colonies) and local legislation could be vetoed by Westminster; there was also ultimate control over the army and the police, and on executive matters the Governor consulted, and often acted on the advices of, the metropolitan government. These officials had no private property of their own to defend in Tanganyika. Their “property”, of which they were oustodians for the rest of their class, was the relationship of exploitation between the metropolitan bourgeoisie and the African workers – both rural proletariat and peasants. The Asian commercial class and the European settlers were intermediaries whom the government would support in so far as they were useful and effective in that function. The only exceptions to this pattern were the estates – mostly sisal and tea- owned by British companies. 2. Settlers These were a class of capitalist farmers engaging in plantation agriculture, producing coffee, sisal, tea and other products and also engaged in cattle ranching in the south west Highlands. Their livelihood depended upon a plentiful supply of cheap African wage-labour- a commodity often difficult to obtain, which was one of the reasons why few of them were successful. They were weak economically; many of them failed in the Southern Highlands and in the North East they had to complete with an already advanced class of African coffee growers. They were also few in numbers. Cameron remarked, to the joint select committee on closer union that a “mass meeting” of settlers meat anything from six to twelve people sitting round a bar in Moshi. He was exaggerating, but there was an element of truth in it. According to the 1931 Non-native census, the number of Europeans engaged in agriculture in the country was only 1,129 out of a total European population of 8, 228, and this figure hardly varied until independence, showing only a slight net increase in the period. Less than 50% of the settlers were British, which further contributed to their political weakness. Many were British Indian. Indians bought just under half the acreage bought by British European settlers in the sales of many properties after the First World War and held 17% of the total acreage of alienated land in 1930. The British Europeans held 39%. Most of the indications are that the settlers were a separate class from the metropolitan bourgeoisie. Their property and their capital was mostly in Tanganyika, not in Britain. Time and again one reads of a settler complaining that he has “sunk his fortunes” in the country “put his life savings” into his farm, and so on. Their capital was small, but it was local. The fact that they were a separate class from the metropolitan bourgeoisie leads us on to the second point to stress: they were not a ruling class, nor were they a part of it. This was due to the origin of British rule in. 1. Report on the Non-native Census taken in the Territory on the right of 26th April1931. Table xxvi p.44. Other reports on later censuses, similarly entitled, show the following figures for Europeans in Agriculture: 1948; 1,138: 1952 (“farmers, fishermen and hunters”); 1,291: 1957 (“Agriculture forestry and fishing”); 1,563. 2. See fig.1 on p. 81. 3. Leubuscher: Tanganyika Territory – a study of Economic policy under the Mandate. (1944) Table A2. P. 203.
Management agreements in parastatal organizations with special reference to the National Development Corporation.
(University of Dar es Salaam, 1973) Carvalho, Vila Nova Jose Estevao Antonio de Spirito Santo
The thesis is an attempt at examining and evaluating the system of managing enterprises through managing agents (management agreements) in Tanzanian parastatal organizations with the National Development Corporation (NDC) as a case study. The dissertation attempts to project and examine the topic covering all relevant angles. Part One deals with the historical background connected with the pursuit by TANU of the policy of Socialism and Self Reliance and the means utilized to achieve that policy especially with the establishment of public a corporations (parastatal organizations). The benefits and disadvantages of running these organizations through managing agents is examined and a comparison is draw between the situations prevailing in the Indian sub-continent and Tanzania, the Indian experience is relevant because the system was in use in India to a great extent. In Part Two the model Management Agreement used in the national Development Corporation in the early days is examined critically and recommendations are made for the amendment of the provisions contained thereof. The various relationships that are created by the Agreement are discussed including the implications of each segment thereof. In view of the two instances relating to the remuneration provisions already referred to above, the various methods of paying managing agents there frees are discussed in detail. Part Three covers general matters related to controls of managing agents and suggests improvements of provisions of the agreement and the introduction of legislation related to the system. The controls that a exercisable on managing agents are distinguished between direct and indirect controls. These controls are set out in detail to demonstrate that if there have been any defects in the system such defects are not due to a lack of appreciation by the relevant authorities of their responsibilities and the non-exercise of the controls. There are discussed several proposals for additional provisions to be included in the model management agreement in the interests of the parastatal organizations. Finally suggestions are made for the introduction of necessary legislation to apply to public corporations that empty managing agents in order to safe guard the interest of the country.
The rent acts and the housing problem in Kenya
(University of Dar es Salaam, 1975) Mutungi, Willy Munyoki
The dissertation traces historically the development of the Rent Acts into a permanent feature in the Kenyan Statute books. It gives the reasons for such development. The methodology adopted in the dissertation is an historical approach. Class formation and relations in colonial and post independence Kenya are discussed. Then they are related to the Legislation and the housing shortage. There have been many arguments which seek to explain the existence of the Acts. These are examined and demystified. Related to this discussion of the Acts is the housing shortage. Solutions have been advanced as means of dealing effectively with the housing shortage. Rightly, emphasis has been on the urban housing shortage. The two main solutions are examined: private construction of buildings and state construction of buildings. It is attempted to show that given the present system of the economy, private construction of buildings cannot be a solution. The sole consideration is the making of profits and the housing shortage guarantees profits. As for state expenditure in housing, a state which is not controlled by workers and peasants and whose existence solely causes the housing shortage, cannot put up with low-cost housing. It is argued, therefore, that the housing shortage cannot be divorced from the main problem of underdevelopment. Also highlighted in the dissertation are contradictions resulting from just one of the smaller ills of a capitalist system of economy: housing shortage. The contradictions are just one glaring example of the system's irrationality and impending doom.
Patents and other legal forms, role in transferring technology to Developing countries with emphasis on Tanzania
(University of Dar es Salaam, 1975) Wellington, Johannes Oluwashegun
When the delegate of Brazil to the United Nations introduced a draft resolution in the second committee of the U.N. General Assembly on titled – “The role of patents in the Trans for of technology to developing countries”, in November 1961, one of the vital questions relating to underdevelopment of third world countries was put in motion. The debate that followed both in and outside the United Nations hassled to open confrontation between the developed and developing countries. The history of technological development is traced from the industrial Revolution which brought a rapid change in technology. Particular emphasis is placed on patents and Trademarks as instruments of encouraging the development of technology before the industrial Revolution and as instruments of suppressing technology for competitive purposes after the Industrial Revolution because of the appearance after the Industrial Revolution because of the appearance of monopoly competition. Various multilateral strategies were adopted to protect technology among the capitalist countries themselves and the developing countries did not participate in these as they were still under colonial rule. 4t independence, developed countries through the multinational corporations still maintained control over the economy of the developing countries, through legal agreements such as Management and Consultancy Agreements, Patents, Joint Ventures and Technical Assistance. The developed countries claim that they transfer technology for development through these means and the developing countries are challenging the truth of such a claims. This dissertation carries that challenge further in examining the above forms which are supposed to be instruments of technological transfer in reference to Tanzania, to arrive at the conclusion that they are instruments of exploitation of developing countries rather than vehicle of technological transfer.
The problem of corruption in Tanzania
(University of Dar es Salaam, 1975) Shaidi, Leonard Paulo
The primary aim of this thesis is to examine the problem of corruption in Tanzania. In this connection, therefore, an inquiry into the causes of corruption and attempts made towards eradication corruption is made. After defining corruption on the introductory part of the thesis, chapter one deals with the anatomy of corruption. Different forms of corruption, together with the effects of corruption, are examined in detail. It is argued that large scale corruption is mainly concentrated amongst the petty bourgeoisie. Corruption is seen as promoting inefficiency contrary to the views held by many bourgeois scholars that it promotes efficiency. The causes of corruption are discussed in chapter two. Any scientific inquiry into this problem has to take a historical approach. In analyzing the development of mankind therefore, in different modes of production, it is shown how corruption developed and at the same time how corruption is part and parcel of some modes of production. In particular, the slavery, feudal and capitalist modes of production are singled out as having the material base of corruption. Fractural evidence that corruption is rampant in Tanzania can be seen in chapter three. General and particular corruption scandals are discussed. Chapter four examines attempted solutions to this problem in Tanzania. Tanzania's socio-economic structure, which is largely neo-colonial and capitalist in nature is conducive to corruption. In the final part it is, therefore, argued that the long term solution to the problem lies in the socialist revolution, which provides a mode of production with no material base for corruption. The Arusha Declaration is seen as a declaration of intention towards this direction.
Labour law and class struggles in Tanzania since independence
(University of Dar es Salaam, 1975) Mihyo, Paschal Buberwa
When in the 1950's nationalism blurred inter-class and intra-class contradictions and against a common every all classes and class functions hid or put aside their class dreams, interests and aspirations, shoulder to shoulder landlord and tenant, Kulak and peasant, worker and African or Asian employer, employer and nationalist leader echoed the same tune - " Uhuru-sisi kwa sisi" meaning literally, "Freedom and self-government" But 'sisi kwa sisi' means a lot more than self government - it means 'among ourselves'. African traders allied with trade union leaders and Kulaks and with trade Union leaders for their spokesman, wanted the blacknization of everything and called for immediate Africanisation of the economy. Their struggle against the commercial bourgeoisie, has been described extensively in Chapter 1. Chapter II is mainly about the emergency and consolidation of power of the bureaucratic bourgeoisie and the workers reaction to these developments and their struggle against this class and capitalism as a whole especially after 1969. It is the purpose of this chapter to show the role of the bureaucratic bourgeoisie in the neo-colonial system, its slarish dependence on the international bourgeoisie and its failure, despite its boasting about its capability to build socialism.
Copyright laws and the publishing industry in Kenya
(University of Dar es Salaam, 1976) Chege, John Waruingi
Property is an extension of Man’s total personality and is as old as man himself. This essential feature of property derives from the fact that Man, unlike all others animals, is completely unable to physically service in natural environment without the use of tools. The use of tools is possible through Man’s developed nervous system which places him above all other animal species as regards social consciousness, labour, language, and intellectual adaptability to difference environments. Through the use of tools Man is able to adapt the natural environment to his own needs, to produce food reserves in excess of his immediate needs, and to diversify his social functions in division of labour. Indeed writers on the history of Man trace his development throughout the ages in terms of the tools used during each historical epoch, as say, Stone Age Man, Iron Age Man, etc. Tools may be viewed both as artificial prolongation’s of Man’s physiological equipment as well as his first form of property. Writers on the theory of property have distinguished three essential factors in the concept of property: labour, utility, and use-value. It is the labour element in property that signifies the ownership of property to the exclusion of all others. Ownership of property is private or collective, as the case may be, depending on whether the property was acquired through individual or collective effort. Utility is the essential component in the property itself that makes it fill a specific human want or need. While the use-value is the gauge, or index, of the totality of the physical qualities in the property on which the utility is determined. Man’s personality is extended into the property acquired through the labour element, while the utility and use-value of property form the rationale for its acquisition and use. Jurisprudence has classified property in several forms: industrial property, real property, intellectual property, and spiritual property. But in whatever forms, the essential components of property are those related to the elements of labour, utility and use-value. When world population in prehistory epochs was small, there was enough property as might have been desired by every Man. But with the rise of human population property grew in scarcity since everyone could no longer satisfy all his needs through his own labour: for instance, the craftsmen depended on the agriculturist for food which was exchanged in return for the crafts. This exchange was on the basis of the use-value of, say, the food and the crafts in barter. Money was later used as a universal mode of exchange for convenience by later societies. With the growing scarcity of property resources with the increasing division of labour in organized societies, property increasingly became a source of power and control. The Man with large surpluses of say, agricultural produce exercised some control over those having no such stocks and who needed such supplies. Similarly for the craftsmen and the traders. Thus, accumulation of property became an activity synonymous with the accumulation of power. This way the seeds of capitalism were sown in the early societies of Man. A human labour was an essential element in the accumulation of property and capital by a section of society, who sought to benefit at the expense of the rest, Where intellectual property is concerned the property is as old as the invention of writing by the phoenicians in 1500 B.C. An author held the ownership of the composition by virtue of the labour expended in the authorship. And no property could be more a part of his personality than the expression of his mind as contained in art, sculpture, or literary material. During these early times intellectual property was controlled by the customs and traditions of the people as any other property. Literacy was small among the population and cases of plagiarism were minimal. With the invention of printing in the 15th century wide opportunities for intellectual property were opened. The printing press made the reproduction of printed matter into several copies for mass circulation a possibility. The printers or publishers saw the commercial aspects of printing in their favour. There was also the risk of plagiarism by those others in the same trade. Governments saw both the commercial and propaganda prospects in the printed media and accordingly passed various orders for its regulation and control. These are classified in three phases of development in the case of Britain: (1) feudal era, (2) mercantilist era, and (3) capitalist era. During each of the three phases of its development, the law of intellectual property is shown to have been designed to serve the interests of the propertied class who were also the rulers. A definite literary genre was born in each of these historical phases to express the values, attributes and aspirations of the ruling class most conveniently. The rise of English poetry is associated with the feudal aristocracy and Geoffrey Chaucer is the author most representative of the age. Idealist religious literature of the mercantilist era are identified with John Bunyan and Hilton as representatives of the age: While the novel and periodical are associated with the rise of the capitalist era in the eighteenth century Britain. The rise of monopoly capitalism towards the last quarter of the 19th century set the capitalist world in search of sources of raw materials and markets for finished goods. This led to a scramble for colonies and to the expansion of metropolitan institutions and systems overseas. Kenya became colonized during this era and thus inherited the copyright laws of the metropolitan power. The copyright law that governed Kenya during the colonial times continues in post-independent Kenya. The law has favoured the exploitation of the country in three main aspects. First, the law has made it possible for foreign publishers to have easy access to Kenya as a market for their publications. At the time of writing these foreign publishers exceed eighty in number and the revenue involved in the trade per year is in the excess of thirty million shillings. Secondly, the law giving foreign publishers free play on the Kenya market has meant that the country is a victim to editorial policies determined overseas by the foreign capitals like London and New York. Local publishing is also largely subsidized by finance capital from foreign lands and is a mouthpiece for these foreign interests. Thirdly, foreign culture, literary tradition, and capitalist ideology are imposed on the local people and the current copyright law ensures that no indigenous publishing industry rises up to propagate a national culture, ideology, or inform the masses. It is suggested that nothing short of a new economic order will redress the Kenya publishing industry. Kenya needs to reverse her economic policy so that she is in full control of her publishing industry and the current copyright laws need to be repealed and replaced by laws serving to protect the national interests in the field of publishing. The remote control to Kenya communication media needs to be eliminated if the country is going to be really free.
Hire-purchase in Tanzania, the law and practice in historical social-economic perspective
(University of Dar es Salaam, 1976) Kawamala, Iyob Njunwensi
The evolution of hire-purchase system is not the invention of an economics genius. In Part I of this dissertation we see the historical origin of hire-purchase system. In here, the development of productive forces in England is historically analysed, and we see how they were propelled on by the desire for accumulation of capital through capitalization of the surplus-value, right from the period of feudal merchant capitalism, to British free trade imperialism, up to the development of modern monopoly capitalism. The material conditions for the evolution of hire-purchase system, the socio-economic conditions in Britain during the period of maturity of capitalism, their concomitant production relations, and the indispensability of hire-purchase institution, form the theme of the first two chapters of this dissertation. The desire for realising more surplus-value and for capitalising it led to capitalist expansion into backward parts of the world. This marked the beginning of modern imperialism, which is the highest monopolistic and last stage of capitalism. This began in the last quarter of the 19th century. Competition among the imperialist countries seeking to appropriate surplus-value by monopolizing areas of investment of finance capital, markets for their industrial products, and sources of cheap raw materials and auxiliary products led to the partitioning and repartitioning of the world between the imperialist countries which was completed by the end of the first imperialist world war. In Part II of this dissertation we see the objective role of hire-purchase in Tanzania during pre-1966 period. In chapter 3 we see how the country was made an appendage to the world capitalist system, and we also see the resultant relations of production. In a desire to increase surplus-value the prices paid to the producers of raw materials and auxiliary products as well as workers ' wages were artificially fixed at the lowest possible levels. Therefore hire-purchase was of insignificant importance since the incomes of the bulk of the population could not enable them to buy the basic necessities and acquire consumer durables on hire purchase terms. In chapter 4 we see that political independence did not change capitalist relations of production. By being entangled in a neo-colonial web, the country's economy, mutatis mutandis, continues to be integrated to the world capitalist system; and in this chapter we see the fundamental laws of motion it continues to obey. During the early post independence period, hire-purchase provided a sure means of satisfying the social and economic elites' aspirations for luxurious goods as well as producer goods. In Part III we see that the reformist measures taken by the Government purportedly to curb the drain of Tanzania’s resources by the capitalist countries have not posed a real threat to the latter. The partnership between Public Corporations and Multinational Corporations facilitate the siphoning off of Tanzania's surpluses to the metropolitan countries. Though legal-institutional controls have been placed on hire-purchase institution so that it no longer caters for the conspicuous consumption of Tanzania's petty-bourgeoisie, we observe in our conclusion that unless the superstructure is changed, there is no other formula to be adopted by Tanzania to enable her to escape from the predicaments noted in the dissertation.
Public debt servicing in the East African Community Corporations 1967-1975 with particular reference to the East African Railways Corporation 1967-1976
(University of Dar es Salaam, 1977) Osinde, Willibrordo Wangwor Achido
The primary responsibility for the development of the Third World countries squarely tests upon these countries themselves. But it is a truism that this development of the Third World has been depressed, slow and haphazard, confirming the fact of life today that the efforts made by the underdeveloped countries, however great they are in themselves, are still insufficient for the achievement of the development goals of these countries as expeditiously as they ought. These factors have brought home to the World community at large and to the Third World in particular the point that the underdeveloped countries require vast external financial resources from the developed countries. However this requirement has placed the underdeveloped countries into a serious debt situation because the present world economic order within which these poor countries are caught up is unfavorable to the development of these countries. These oppressive debt burdens arise essentially from the obligations imposed upon the underdeveloped countries by the system of public (external) debts and they are evident in the large and ever-expanding size of these debts, their unfavorable maturity structure and the fast growing service payments. Hence the search for a better system and strategy does show no sign of slackening and no international discussion on the world monetary system today dares ignore the question of the debt problem encountered by the Third World. This study is but a humble contribution towards such a search. It takes the East African Community Corporations as a case study. But to illustrate adequately the origin, basis and implications of the problem it has been necessary to examine not only the expressed obligations as found in the loan and other credit agreements but also the wider socioeconomic and even political conditions of the Third Word countries. It is this latter examination that reveals the fact that the process of debt servicing is but a modern method of exploitation of the Third World by the developed capitalist countries, and that normally international law is invoked in the defense of this exploitation. This is discussed in the Introduction and in Chapter One. In the last two Chapters, more details, typical of the imperialist maneuvers, are given by way of closer look at the Corporations. The study does not exhaust the subject under discussion. All it has seriously attempted to do is to select the most important materials within reach, draw general conclusions from them and provide as detailed a treatment of the subject as possible
Kihamba land ownership and rural transformation in Kilimanjaro
(University of Dar es Salaam, 1977) Ngeleshi, John Bistari Manouili Kimnai
In this study an attempt is made to discuss the historical development of individual land ownership in Kilimanjaro with a view to highlighting the nature of the deep-rooted system of private landed proprietorships which forms the crucial obstacle to socialization of agricultural production and appropriation. Its evolution since the pre-colonial days to the present will be examined. Special emphasis will be addressed to the broad objectives of rural transformation both during the colonial era and in the post-independence period. This study is a product of a field research conducted mostly in Rombo District. The research took the form of interviews with old peasants, party and Government officials at the District Headquarters, Rombo, and at the Regional Headquarters, Moshi. The National Archives of Tanzania was another useful source of the data. Assistance was also sought in earlier works written by researchers as well as government officials who worked in the area before this study. The paper is divided into three sections. Chapter One studies the pre-colonial agro-economic system. In chapter two it endeavours to examine the system of land ownership as modified by the penetration of capitalist commodity production relations. Lastly, in chapter three, it discusses the existing system of private peasant proprietorships in land and the problems they present in the transition to rural socialism. In this chapter a few suggestions based on the experience of other socialist countries like China, U.S.S.R and Cuba are made as to the strategy which should be employed towards the stated objective.
The historical development and socio-economic role of negotiable instruments with special reference to England and Tanzania
(University of Dar es Salaam, 1977) Mpiluka, William Herman
The material conditions obtaining in human societies in the process of production and reproduction of the lives of their members are the main levers that have given rise to the development of exchange commodity production and commerce, money, negotiable instruments and other related social institutions. This is the premises on which this dissertation is based. In part one, the historical development and socio-economic role of money is dealt with. This is the main condition which gave rise to the development of negotiable instruments. Thus the discussion of negotiable instruments in the subsequent parts presupposes the understanding of money. In this part, therefore, we see the rise and development of exchange and money as a result of the growth and development of the productive forces in the course of human history leading to the dissolution of primitive societies based on communal ownership and the rise of private property, class formation, division of labour and commodity production. Apart from its dissolving effect on primitive societies based on natural the of economy, the role money is to progressively introduce complex forms of division of labour especially when it acts as an aspect of industrial capital and later finance capital. In part two the historical origin and the development of negotiable instruments in changing socio-economic contexts are dealt with specifically. It is shown here that the main role of negotiable instruments including their legal form has been to advance commodity production and commerce mainly by means of discounting, negotiation and bank money. It is shown that negotiable instruments were useful tools in advancing the capitalist system. It is during the capitalist period that negotiable instruments became fully developed. Part three of the dissertation deals with negotiable instruments in Tanzania. These were introduced by finance capitalism to serve the capitalist economic system and particularly its attendant relations of production imposed on the people of Tanzania. In here we analyse the economic structure before, during and after colonialism and conclude that the structure introduced by colonialism has remained substantially unchanged after independence and even after the Arusha Declaration. Since this economy is controlled by finance capital, the objective role of all the socio-economic institutions including the practice and law on negotiable instruments is, in the main, to serve, and facilitate the continued domination of, finance capital in Tanzania. In conclusion we observe that this economic domination by finance capital and therefore the objective role of the socio-economic structure is radically revolutionised to negate this domination and replace it with socialist relations of production.
Income tax administration in Tanzania (mainland): the problems of assessment and collection of income tax
(University of Dar es Salaam, 1977) Lyimo, Jovin Aloyse
The aim of this dissertation is to examine the problems relating to assessment and collection of income tax in Tanzania. The dissertation therefore tries to answer the question whether or not the whole of the tax due from taxpayers is collected as revenue for the government. In this connection, therefore, the main problems relating to assessment and collection of income tax in Tanzania are sorted out and analysed. After noting in the first chapter that one of the aims of Parliament in introducing the Income Tax Act, 1973 was to enable complete and expedient assessments and collections of tax, we examine in the subsequent Chapters some of the attempts of the Income Tax Department to achieve that aim. Thus we examine the main factors which militate against the attainment of that goal. It is also argued that the problem of incomplete and delayed assessments and collections rarely arises in connection with incomes which are subject to tax deduction at sources.
Imperialism and regional integration in the third world; East African association with EEC: a case study
(University of Dar es Salaam, 1977) Farage, Fawzi Hassan
There have been numerous definitions of economic unions and diverse classifications of the different forms of such integration in the available literature on the subject, each carrying a different area of stress depending primarily on whether the writer is an economist, a politician or a lecturer. In this paper, the author has attempted to look at economic unions from a cross section of this group. Regional integration has in recent times come to be increasingly regarded as the possible answer to the Third Worlds' development problems and a potential instrument for narrowing the widening gap between the industrialized nations and underdeveloped countries. The attention of Western writers on the subject has been focused on Customs Unions. This is so because a complete political union is considered unacceptable to the Third World countries sense of sovereignty and independence, and especially so, following, as it does, the traumatic experience of colonialism. At the other end of the pendulum are the looser forms of union such as a free trade area, where a wider spectrum of decisions is left to the individual member states. This type of union has been discredited for being incapable of rectifying the imbalances among the member states, and at times, in fact, intensifying such imbalances. The necessity for integration, however, has never been the question and the move towards it has been gaining momentum in the Third World in general and the African continent in particular. The reasons for such enthusiasm in the less developed countries are numerous:- scarcity of capital; the need avoid duplication of industries; better bargaining powers vis-as-vis the developed countries; protection of infant industries, etc. The customs Union seems to be the acceptable and practical machine in the achievement of these goals. The central thesis of this paper is that such a view is untenable on a closer examination of the facts. It is argued that the continuing link with finance capital would neutralize any attempt to assert any form of control by the underdeveloped countries over their development. It is therefore urged that even where a customs union succeeds in the bourgeois sense it will be so only in the sense that it makes the exploitation of the LDC members more efficient. This situation, needless to say can have no worthwhile degree of permanence or stability. Finally, therefore, the paper urges a re-assessment of the concepts of development, and concludes that the move towards a break with finance capital can be the only permanent solution. Regional arrangements should merely be tools toward this end.
The development of labour policy and labour relations in Tanzania mainland
(1977) Alizeti, Michael
Labour relations in the World of labour policy, indeed the whole field of labour law in at a erucial point od its evolution in Tanzania. This should not come as a surprise since labour law is but a reflection of the general state of a society at a given point in time. African countries are now passing through an unprecedented change, in the field of labour policy, Tanzania included. There have been many strains witnessed outwardly and these have been mainly as a result of rapid industrialization; the explosion that is witnessed in the population and labour forces; the increasing commitment of governments to development planning and, the changing prices as a result of inflation. Underlying these is the disparity between modern technology and a basically rural society. Indeed these problems have had decisive influence on the pattern of development in the labour relations policy. Labour law therefore is the sum total of the on-going process of change and accommodation in the social and economic spheres of a country. In here the struggle for power and influence amongst the social actors i.e., trade unions and employers’ organizations is prominent. The labour policy that does not take into account the above factors which are involved in the molding of a nation’s labour policy, neglects in large measure, the aspiration’s of the society; does not meet the expectations of the people and in short has to be seriously appraised with complete overhaul, if need there be. In the developing countries, the inter-connection between wages, employment creation and a fair income distribution is an extremely delicate affair, being the focus of all the discussions that go on in these countries. Yet no country, has ever attempted a deliberate action programme to face up to real issues at stake in these matters. As it will be pointed out later, and being one of the themes in our discussion, the real issue at stake is the choice between planning for social purposes or allowing internet groups to flourish in the name of development. Underlying this basic tenet we therefore point out that there are two major functions of labour law in the development of labour policy. One is to project workers in the role of giving them minimum standards, wages included, which they might miss were the determination of such conditions left entirely on the mechanism of labour market and the free play of market forces. Another major function is to regulate labour relations i.e., relations between employers, trade unions and government establishing rules of conduct for collective bargaining and the settlement of labour or industrial disputes. Since planning for social purposes means that the target is the development of man, it means therefore, the purpose of labour law and labour relations in employment relations, is the enhancement of the worker’s distinctive position in the production process, generally, and at his/her place of work, in particular. It is with this view in mind that the relevance of the concept of collective bargaining in Africa’s labour relations is undertaken specifically in Tanzania. It will be noted that many countries in Western Europe and North America, not to mention the former African colonies, have confused to follow the pristine logic of Britain, in this field. It is in this light therefore that this work was undertaken in Tanzania.

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