Masters Dissertations

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Access to commercial justice as human rights in East Africa: challenges and prospects
(University of Dar es Salaam, 2014) Njunwa, Aderickson Hezron
Access to justice is one of the fundamental human rights and recognized in almost jurisdiction reiterated in various international human rights instruments. Access to commercial justice is an equally important category of this right that emulates the concept of fairness and equality in the accessibility to effective and efficient disposal of dispute in commercial transactions. The commercial justice mechanisms availed in the Eastern African jurisdictions have for a long time been viewed as rather discriminatory between the rich and those who cannot afford the costly litigation, the educated and those who educationally are ill equipped and the articulate and those who cannot persuasive advocate for themselves. This work is focused on examining the major barriers to accessibility to commercial justice and the effectiveness of the institutions setup for expansion and consolidation of access to commercial justice. The dissertation id divided in to five chapters. Firstly, a general introduction states the problem. Significance and objectives of a study, review of literature and methodology. Secondly is detailed discussion on the concept of access to justice as a human right and the concept of access to commercial justice in human rights contexts. Chapter three presents an overview of the rights of access to commercial justice in East Africa in right of the community laws and the genesis of the specialized Commercial Divisions. Chapter four discuses pertinent barriers towards accessibility to commercial justice and the opportunities for expansion of access to and consolidation of commercial justice. A conclusion and recommendations on the way forward provided at the end of this work.
Accessibility of banks in financing international trade a study of the practices and the laws in Tanzania
(University of Dar es Salaam, 2011) Ole- Meiludie, Esther Raphael
It is a common knowledge that the banking industry plays a central role in the growth of our country's economy. This is simply so because trade finance issued by commercial banks to various importers act as a key force buttressing their performance. Technically, it is impossible to talk of a country's economy and exclude the banking industry. Despite its importance, importers have been facing considerable difficulties in accessing international trade financing from the commercial banks. The procedures are cumbersome because of unregulated or inefficiently regulated financing practices and the existence of a poor legal framework. This study re-examines the accessibility of banks in financing international trade in Tanzania with a view to make case for improvement. Chapter one gives the general introduction. It provides the background, states the problem, and the objectives and significance of the study. It also explains the hypotheses, research methods, methodology, and sums up the Literature review. Chapter two gives a theoretical overview of the law and practice on import financing globally. Chapter three outlines the legal framework for enhancing imports in Tanzania. Chapter Four presents the research findings, while Chapter Five provides the conclusions and recommendations.
Adequacy of sub - regional responses by the east African community in addressing trafficking in persons
(University of Dar es Salaam, 2014) Buchumi, Veronica Gabriel
This study examines the Adequacy of Sub-Regional Responses by the EAC in Addressing Trafficking in Persons. The study explains how Trafficking in Persons has become an emerging peace and security threat in the world in recent years. To achieve this objective the study is presented in five chapters. Chapter one gives the background of the problem explaining the reason why it focuses on EAC and gives a road map of how the study was conducted. Chapter Two presents the conceptual framework of TIP. It defines TIP in the context of the Palermo Protocol on TIP which identifies three major elements necessary to determine if TIP has taken place. It further discusses the causes of TIP which are divided into two major groups: Structural and Proximate factors. It is also identified that TIP can be discussed from various branches of law: human rights law, labour law, criminal law and migration law. Chapter three analyses the legal framework governing TIP from international, regional to sub regional initiatives to address TIP. The study puts the UN Protocol on TIP as the foundation upon which other legal instruments has built on to address TIP. The instruments presented portray that in addressing TIP the 3Ps approach: Prevention and combating TIP, Protection of victims and Prosecution of traffickers should be at the centre of all initiatives. Chapter four specifically focuses on measures adopted to address TIP by EAC and its Partner States. The study presents that TIP takes both within the Partner States and across the borders of the Partner States. The study argues that the creation of the common market increases the possibility of individuals being trafficked without identifying the traffickers. EAC has no specific framework on TIP at the Community Level. As such the study goes further to examine the adequacy of the existing legal and institutional frameworks and their relevancy to EAC. The chapter also presents and analyses the initiatives that have been taken by Partner States to address TIP in their territories. The last chapter is on conclusion and recommendations. At large the study makes a call to EAC on the need to develop specific legal and institutional framework to address TIP so as to secure a prosperous peaceful and secured EAC which protection and observance of human rights is at the centre of fulfilling its objectives.
The administration of criminal justice in autonomous Institutions in Tanzania: the case study of the Tanzania people`s defense forces (TPDF)
(University of Dar es Salaam., 2008) Mulashani, Moses Michael
The research aimed at examining the administration of criminal justice in autonomous Institutions in Tanzania. The case study for this research was the Tanzania People`s Defence Forces. The main objective was to see whether the practice and procedures thereto, afford for justice to be met and whether the suctions imposed and the punitive taken have effects in fighting crime. The methodology used in making this study involved library research and failed research. Through libraries it was possible to obtain the primary and secondary sources of data. Field research, made the practical part of these research. A total number of 100 individual were consulted and interviewed physically as well as through the use of questionnaires. The selection of persons consulted/ interviewed focused on personal experience of a particular individual in regard to the administration of military justice system, and on personal observations by individuals who had been involved in the process of administering military justice. The study found that the law regulating military justice is outdated and needs a revamp and that the discretional powers given to the panel of lay members in the administration of military criminal justice in the TPDF are too wide, a shortfall which may lead to abuse of justice. Further, that the preference of pre-trial confinement to provision of bail is detrimental to both the interests of the Government and the accused, and that severe and strict punishment is not itself an end in fight crime. It has been recommended that the law regulating military justice should be revised whereby decision making should be made by lawyers upon the advice of lay members. Also the said changes should consider the concepts which safeguard the rights of individuals, which under the current law they seem to be ignored.
Administration of criminal justice in Tanzania Mainland with special reference to delays in criminal trials
(University of Dar es Salaam, 1987) Mono, Japhet Daniel
The title of the study-administration of criminal justice in Tanzania Mainland with special reference to delays in criminal trials, appear very wide indeed save for it being streamlined to conform with the authors bias. In this respect therefore, the dissertation is intended to examine the problems of abuse process in general and the question of delays in particular. Areas mostly featuring abuses, inclusive of delays, are fully discussed and supported by relevant data which ultimately reveal major and minor causes of delays. Chapter one introduces the subject of the study by discussing in a nutshell the notion of justice, its development and rationale. It is in this chapter that the philosophy on the concept of criminal justice is highlighted with the extent upon which it has given rise to controversies between individual’s subjects and the state. The aim of the study, methodology and the problems pertinent to the study are also contained in this part. A review on criminal justice in a historical perspective is contained in chapter two. It is revealed in this chapter that justice has never been uniform and that is always abused at individual and institutional levels with its operational aspect having dependence on the social and economic structure of society and/or state. Chapter three examines the magnitude of abuse of the process by law enforcement machineries or agencies and Para-military forces involved in the same. It establishes that there are many indiscriminate arrests and overlooking of the provisions of law, detention and physical torture during interrogation processes being cons pious images of criminal injustices. Pre-trial abuses and, undoubtedly, delays are highlighted in chapter four. The main thrust being on the problem of police investigation machinery. Operational problems are revealed and the ‘power of choice’ discussed. In this chapter it is established that many crimes are reported to the police but only a few are sampled out as true cases and fewer being successfully investigated. Whatever argument may be advanced on the finding, with the data available it is established that the number of investigators is not a problem leading to delays but the utility of the personnel in the police force, although it is shown that transport and lack of sufficient training adversely affect the efficiency of investigators. In chapter five the problems of delays in original trials are discussed attempting to sort out factual or ‘man-made’ problems and statutory areas. It is revealed that invariably, both the police and courts have a share in the blame on delays as administrators and distributors of criminal justice. In the main, investigation of cases taking long time has been identified as a loading causes followed by absence of witnesses at the time of trial. It is also established that statutory provisions are so lax as to allow wide room for delays. The process and problems leading to delays on appeal both in the High Court of appeal are discussed in chapter six. It is revealed that the leading causes in the High Court appeals, in respect of appeals filed by the director of public prosecutions is failure of appearance of the respondent when the appeal is scheduled and called for hearing while in the case of private individuals the main cause is attributed to the requirement that the appellant has the right of appearance unless expressly stated to the contrary. Hence, non-appearance of individual a appellants. In the court of Appeal it is established that there is a decline in the number of delays, save that reasons for delays are similar to the ones in the High Court. The final chapter gives the conclusion of the dissertation. It is argued here that machinery for justice, which are a product of society at a certain level of social and economic development, are intended to moderate conflicts and keeping the society in peace. In this process however, depending on social-economic structure, abuse of the process is eminent although the same could be minimized by committed individuals and institutions involved in doing what is good to all men. In this chapter also, a number of recommendations are made.
Administration of indirect taxes in Tanzania (mainland): the problems of collection of indirect taxes
(University of Dar es Salaam, 1995) Hanje, Shaaban A
The aim of this dissertation is to examine the problems relating to collection and payment of indirect taxes in Tanzania. The dissertation tries to answer the question whether or not the whole of the tax revenue due in respect of indirect taxes is paid to the Government. The main problems relating to the collection and payment of indirect taxes are sorted out. Chapter one looks into the features of indirect taxation. It is found out that there are five features. There is an examination of the types of indirect taxes, the objectives of indirect taxation, the taxpayers of indirect taxes, and the basis of indirect taxation. Chapters two and three examine the methods adopted by the Customs and Sales Tax Department in the administration of indirect taxation. These chapters look into the effectiveness of these methods in connection with the Government's endeavour to collect all due tax revenue. In the result, it is found out that these methods are not very effective because not all tax revenue due to the Government is paid. Chapter four looks into the Government's attempts at strengthening indirect taxation. It is found out that these attempts do not ensure payment of all due tax revenue. Finally, this study looks into the problems facing indirect taxation. It is found out that these problems are:- broad tax base, high tax rates and high fixed taxes. These problems make administration of indirect taxation to be problematic. Recommendations based on the findings of the study are given.
Analysis of critical success factors for effective risk management in Tanzania banking sector
(University of Dar es Salaam, 2013) Gilbert, Bonaventura
The principal purpose of the present study was to analyse critical factors for effective risk management in Tanzania banking sector. Specifically the study assessed the relationship between organizational related critical factors and effective risk management, the relationship between personal related factors and effective risk management within commercial banks in Tanzania. This was the cross sectional study with quantitative research approach namely a self-completion questionnaire, was used to collect data. The questionnaires were received for 108 bank officials from credit, operational, marketing and ICT departments whom were randomly selected to participate into the study. Both primary and secondary data was collected, analysed and presented into bivariate Person correlation, mean and standard deviations and linear regressions was used to test hypotheses. The findings revealed that that organizational structure, top management support, communication process are the main organizational factors to related effective risk management while information technology and organizational culture were perceived to be least factors. On the other hand, adequate training and trust were also considered to be effective personal factors in managing commercial banks related risks. Finally it was recommended that the most important task for a risk management should be to ensure to effective decision-making for objectives to maximize the profit and minimize the future losses
The applicability of the doctrine of separation of powers in Rwanda in the light of the east African community treaty (1999)
(University of Dar es Salaam, 2013) Kiiza, Amos
This study examined the applicability of the doctrine of separation of powers in Rwanda in the light of the East African Community Treaty (1999). It examined the challenges underlying the applicability of the doctrine of separation of powers as well as the relevance of the East African Community Treaty (1999) in re-inforcing the doctrine of separation of powers in Rwanda. The sources of data included the documentary review and field research. The study showed that the legislature to some extent supervises some actions of the government through summoning Ministers to explain unclear issues. However, the executive organ influences the legislature and the Judiciary and this influence stems from the Constitutional flaws and legal gaps in the Constitution. Amidst such failure of the doctrine, the East African Community has done a great role through the rulings of the EACJ which continue fostering separation of powers in Rwanda. The study is divided into five Chapters. Chapter One presents a general introduction and the theoretical background of the topic. Chapter Two presents the views of other writers on the underlying factors that affect the effectiveness of the doctrine of separation of powers. Chapter Three examines in detail the reality of the doctrine in Rwanda. Chapter Four compares the practice in Rwanda with other selected jurisdictions and Chapter Five presents is a conclusion and the findings as well as the recommendations. Chapter Five recommends that the Constitution which vests absolute powers on the executive organ (Presidency) be amended and the legislature be more empowered to check the arbitrary powers of the executive organ. This can be achieved by removing the Constitutional flaws or changing the governance to Parliamentarysystem
Application of modern technology in criminal justice administration in Tanzania
(The university of Dar es Salaam, 2012) Safari, Mathias Dominick
This study is a modest attempt to examine the operation of the Criminal Justice System in Tanzania in relation to modern technology. It targets among other things to pave the way of updated criminal justice legislations as well as relevant technology in the course of enforcement; additionally, to remind the law making body of Tanzania in ensuring that the laws relating to criminal justice conform to current technology. Among the queries which have been addressed through this work is the status of technology in the system of criminal justice administration in Tanzania and the trend of justice delivery. In the last 15 years the penetration of computers and electronics into commercial and domestic life had a great impact on the practicability of litigation. Apart from the normal documents in hard copy we used to tender in court, there is a challenge of finding documents which are stored in computers which a good number of courts and tribunals of Tanzania do not acknowledge. Additionally, some crimes are committed through computer technology in the internet and further communication relating to crimes are made through the internet and the mobile phones; so the whole system of criminal justice needs to be aware of some of the areas in which electronics have made a difference. It is high times the Criminal Justice Systems in the entire World are facing stiff challenges on the modus operandi of committing several crimes which employ very modern and advanced technologies. Realizing these challenges, the governments of most countries are improving their systems of criminal justice and amending their laws to coup with the contemporary situation of modern technology. Tanzania as one among those countries would require updating its criminal justice system lest the criminals privatize it by their advanced technologies. Finally, through the study one will realise that, the whole system of criminal justice administration in Tanzania is running without modern technology the thing which is occasioning injustice. This work in addressing the whole problem systematically, it involved extensive library study and a field research on this problem. This work has five chapters with the tittles which form a good clue of what is contained therein.
The application of state principles of self-defense and non-interference in the case of armed non-state actors: a comparative analysis of the forces du liberation Rwandais in Rwanda and the lord’s resistance army in Uganda
(University of Dar es Salaam, 2011) Jolly, Ntungire
This study sought to find a legal framework through which the East African Community can attain sustainable peace and security by examining the States principles of Self-defense and Non-interference, drawing lessons from armed groups in Rwanda and Uganda. Sources of data include the main library of the University of Dar Es Salaam, Library of the Tanzanian German Centre for Post Graduate Studies in Law and the International Criminal Tribunal for Rwanda in Kigali as well as internet Services of Westlaw and different journals. Wars with and against armed groups in East Africa have led to internal displacement, the death of over 10 million people plus spillovers to countries in the region, generating human rights abuses ranging from genocide, rape, abduction, sexual slavery to forced recruitment of child soldiers. Although armed groups might be blamed for the many abuses, a close observation of the events shows that if the transfer of the Westphalia model to Africa at the time of independence is the price Africa has paid for its flag independence, then perhaps rebels might sometimes play the balance where courts are not impartial and electoral processes fraudulent. Hierarchies of the African Union, the United Nations and the Security Council have failed to stop the wars from occurring. As East African leaders cede their powers to the regional block, we look forward to power being transferred to the institutions as well as the people of the Community that East Africans can place trust on.
The application of the doctrine of uberrimae fidei in compulsory third-party motor vehicles insurance in Tanzania: law and practice.
(University of Dar es Salaam, 2004) Thomas, Semu
This work examines the application of the rule of utmost good faith in compulsory motor vehicles insurance in Tanzania. The rule, technically known as Uberrimae fidei, is very fundamental as far as insurance contracts are concerned. Despite its role in such contracts the application of the rule has caused a number of problems to the insured; in this case the targeted third-party road users. The work is divided into six chapters. Chapter 1 is comprised of the following: General Overview and Theoretical background of the rule of Uberrimae fidei, statement of the Research Problem, Objective of the Study, Significance of the Problem and Hypotheses. The Chapter also contains a review of various books written by different authors and the methods which were employed during research. A number of obstacles encountered have been enumerated in the section entitled "Limitations". The nature and application of the rule of Uberrimae fidei in insurance contracts is covered by Chapter 2 under which the following matters are discussed: the inherent duty of utmost good faith, materiality of facts, and expert evidence, which facts are to be disclosed by the insured and which facts need not be disclosed as well as the effects of the questions asked in the proposal forms. The duty of utmost good faith, which is a common law principle, was imported into our country and made statutory. The Motor Vehicles Insurance Ordinance, Cap. 169 is a piece of legislation which provides for insurance against third party risks arising out of use of motor vehicles. It also provides for duty of utmost good faith. Chapter 3 surveys the Ordinance particularly the sections which provide for the rule. The practical aspect of the rule of Uberrimae fidei is discussed under Chapter 4 by looking at the practice in England and the practice in Tanzania in the light of claims handled by the National Insurance Corporation of Tanzania, Limited and the Lion of Tanzania Insurance Company, Limited. Chapter 5 makes a critical evaluation of the rule while Chapter 6 contains a summary of the findings and most importantly suggests measures which may be taken to mitigate the harshness of the rule.
Application of the principle of indemnity to commercial motor insurance in Tanzania Law and Practice, 1967/68-2007/2008
(University of Dar es Salaam, 2011) Igakinga, James Evarister
This work was to examine the application of the principle of indemnity to commercial motor insurance, Law and Practice here in Tanzania since 1967/68-2007/2008. The work is in five chapters and each chapter plays a significant role to this Dissertation. In Chapter one, the following are discussed: background to the problem, statement of the problem, research objective and justification, significance of the research, brief literature review, hypothesis, research methodology, as well as problems encountered during research, and preparation of this Dissertation. Chapter two discusses the Principle of Indemnity in Tanzania, Law and Practice. It is in this chapter where the following are discussed, such as, Introduction of Insurance to Tanganyika, Arusha Declaration and Insurance Industry in Tanzania, Dominance of National Insurance Corporation (NIC), Revival of Private Insurance Companies, as well as the Current Insurance Trend in Tanzania. Chapter three was to discuss the Application of the Principle of Indemnity and its underlying Principles. This chapter also discusses complications hindering the application of the principle of Indemnity. Chapter four gives an analysis of the data collected from both secondary and primary sources. The last chapter that is chapter five was to give the summary of findings, reflections and general conclusion. It is here where the findings from primary and secondary data collected are briefly summarized.
Application of the principle of indemnity to commercial motor insurance in Tanzania law and practice, 1967/68-2007/2008
(University of Dar es Salaam, 2011) lgakinga, James Evarister
This work was to examine the application of the principle of indemnity to commercial motor insurance, Law and Practice here in Tanzania since 1967/68-2007/2008. The work is in five chapters and each chapter plays a significant role too this Dissertation. In Chapter one, the following are discussed: background to the problem, statement of the problem, research objective and justification, significance of the research, brief literature review. hypothesis, research methodology, as well as problems encountered during research. and preparation of this Dissertation . Chapter two discusses the Principle of Indemnity in Tanzania, Law and Practice. It is in this chapter where the following are discussed, such as, Introduction of Insurance to Tanganyika, Arusha Declaration and Insurance Industry in Tanzania, Dominance of National Insurance Corporation (NIC), Revival of Private Insurance Companies, as well as the Current Insurance Trend in Tanzania. Chapter three was to discuss the Application of the Principle of Indemnity and its underlying Principles. This chapter also discusses complications hindering the application of the principle of Indemnity. Chapter four gives an analysis of the data collected from both secondary and primary sources. The last chapter that is chapter five was to give the summary of findings, reflection and general conclusion. It is here where the findings from primary and secondary data collected are briefly summarized.
Assessing the role of local government authorities in implementing the right to alternative family care in Tanzania:a case study of Ilala and Kinondoni municipal councils.
(University of Dar es Salaam, 2019) Mambo, Miraji Ramadhani
The present study assessed the role of the Local Government Authorities (LGAs) in the implementation of the right to the alternative family care to the Most Vulnerable Children (MVC) in Tanzania, the case study of Ilala and Kinondoni Municipal Councils. The provision of the right to alternative family care by LGA within its jurisdiction is an important means of having unified families. However, the laws on child rights have disapproved the protection and provision of alternative family care to MVC. The data of this study was collected through field and library research. During field work both interviews and questionnaires were administered to officials from Ilala and Kinondoni Municipal Councils. Through library research, it was easy to get secondary data from textbooks, journals, reports, policies and legislation. The findings of this studyfound that the role of LGAs in implementing the right to alternative family care to the MVC is not well implemented in Tanzania due to lack of knowledge about MVC rights,the law, as well as poor implementation of the right to alternative family care to MVC. From the findings, there is a need to improve knowledge and create awareness among LGA officials about provision of alternative family care to MVC. It is also recommended that, LGA should implement, effectively, the right to alternative family care to MVC.
Assessment of effectiveness of supplier evaluation procedures in multinational organization in Tanzania: the case study of World Food Programme (WFP).
(University of Dar es Salaam, 2011) Stanley, Stella
This study was designed to assess the effectiveness of supplier evaluation and selection procedures in multinational organization in Tanzania by focusing on WFP. Specific objectives of the study were to investigate the procedure and policies used when evaluating suppliers, to assess if there is any bypassing of procedures when selecting suppliers. The data were collected through questionnaires, interview and observation. Were analysed using computer programmes such as Excel and Statistical Packages for Social Sciences (SPSS) using frequency distribution, descriptive statistics and regression analysis as initial tools of analysis. From the findings of the study, the researcher concludes that the procurement procedure used by WFP is so efficient and, that it contributes to making the process of supplier evaluation and selection more effective, although the process is hindered by various challenges such as; lack of sufficient qualified personnel and lack of adequate time, since in most incidences WFP supplies food during emergencies such as drought. To overcome these challenges, the researcher recommends that WFP should consider suppliers who have demonstrated reliability by fulfilling its obligation of the contract despite any contingencies or emergencies that may arise. Also, WFP should provide frequent training in form of seminars and workshops to suppliers who have been enrolled on WFP's supplier roster so as to raise their level of awareness on WFP's procurement guidelines.
An assessment of enjoyment of the right to vote in Tanzania
(University of Dar es Salaam, 2014) Kamanzi, Anna
The right to vote is a fundamental human right which is enshrined in different international human rights instruments. In Tanzania, the right to vote is guaranteed under the Constitution. According to the Constitution all citizens of the age of majority and who are not convicted of any offence are eligible to vote. The only condition is that a person must be registered in the Permanent National Voters Registry. However there are number of factors which can deprive a citizen this important right, whether directly or indirectly. Also the notion of enjoyment of the right to vote is not by voting, it should be based on the ability to choose by having sufficient knowledge required to form proper decision. This work assesses the electoral laws in Tanzania, and sees their effect on the right to vote. The study has discovered that there are electoral laws, rules and regulations which have an effect of violating the right to vote. Thus it is argued in this work that the right to vote is granted by one hand and taken away by the other.
Assessment of the law on the protection of child domestic workers in Uganda: a case study of Lubaga division
(Unversity of Dar es Salaam, 2011) Nabukeera, Aisha
This study gives a general introduction to working children specifically child domestic workers in Uganda. These children work mainly under hazardous conditions, and denied the basic rights that accrue to them as children. Various literature were consulted giving a guide into a wider survey into the problem and identify the gaps and how to rectify them. The study discussed various laws in chapter two that relate to employment of child domestic workers in Uganda. These were both national and international laws and policies. It was found that the laws though give protection to these children; enforcement mechanism was mainly lacking to give the full protection of children in domestic service. The study revealed that 87 percent of children in domestic service work under hazardous conditions and are economically exploited by working for long hours, carrying heavy workload with little or no pay and are discriminated by the employers’ family members and subjected to verbal and sexual abuses, among others. The study analyzed its findings in comparison with the discussed laws and found out that though there are laws protecting children in the domestic service, they largely lack enforcement thus leaving children to be exploited economically by their employers. Lastly, the research concludes by making recommendations on how to enforce the existing laws which protect working children in Uganda and as well suggesting other solutions to the problems faced by children working as domestic servants in Uganda generally and Lubaga Division, in particular.
An assessment of the role of motivational and incentives mechanisms towards the attraction and retention of employees in public organizations: The Case of the Ministry of Natural Resources and Tourism
(University of Dar es Salaam, 2011) Mabula, Fortunatus
Workforce attraction and retention management is highly topical subject and an important dilemma facing Tanzania public sector traditionally, and even in today’s contemporary world. Many theories of Human Resource Management state that when workforce is given a particular level of motivation and incentives, it will result in increasing the possibilities of an organization to attract and retain their key workforce. Although Tanzania government has embarked on several reforms to motivate their workforce, there is still a general perception that public sector workforce, especially those working in the remote areas, are not willing to stay and work in particular areas. The main objective of this research was to assess the critical types of motivation and incentives packages used to attract and keep the most valuable employees in public sector, especially in the remote areas. The Case of this research is the Ministry of Natural Resources and Tourism. Purpose of statement: The purpose of this study was to explore and analyze how best the Tanzania government in general and the Ministry of Natural Resources and Tourism in particular, can attract and retain key employees to stay and work in the public sector, especially in remote areas. The study intends to establish the procedures in which the government can apply to attract and retain employees in remote areas. Research method: The study used both qualitative and quantitive methods. The study compared theories and empirical findings. The intention of investigating and using the Ministry of Natural Resources and Tourism as a case study is to make the information from the research relevant to the Ministry and the interest in establishing how workforce attraction and retention management works in practice. The researcher used questionnaires; observations, interviews and documentary review.
Authority of the national assembly to oversee the discharge of public affairs by the government
(University of Dar es Salaam, 2005) Kyuki, Casmir Masika Sumba
This study examines the authority of the national assembly to oversee the discharge of public affairs by the government the authority of the national assembly is drawn under articles 62, 63, 89, 100 and 101 of the constitution, the provisions of the parliamentary immunities, powers and privilege act, 1988 as well as the assembly standing orders. this study is mainly based on secondary data collected through review of literary works and interviews conducted from selected personalities. thus, this study is based on a cocktail of primary and secondary data. the result of the study reveals that: (a) The national assembly plays little role in overseeing the discharge of public affairs by the government; (b) Sections 12, 13, 15 and 31 of the parliamentary immunities, powers and privilege act, 1988 does not confer in the national assembly sufficient and comprehensive powers to enable it to effectively overseer and control the conduct of public affairs by the government; and (c) Members of parliament have limited knowledge to be able to appreciate and tackle technical and complex matters tabled in the house. It is therefore recommended that: (a) More powers be allowed to enable the national assembly to bring into justice persons who disobeys lawful order it has issued; (b) In order for MPS to be able to appreciate complex matters tabled in the house they should be given research personnel to enable them to debate technical and ordinary matters and be able to effectively play the role of an overseer; and local community. gender and governance have been considered as crosscutting issues in the study. (c) In order to bring transparence and observe principles of good governance, the assembly standing orders should provide a mechanism for drawing the tor for select committees.
The Bankers’ duty of confidentiality and the problem of terrorism in Tanzania
(University of Dar es Salaam, 2007) Mandopi, Kelvin
This study consists of four chapters describing whether there is contradiction between the financial laws and the prevention of terrorism laws in respect of protection of the principle of the banker’s duty of confidentiality in Tanzania. In the process of data collection two methods has been employed. The primary method was used where by police officers and bank Officers were interviewed. Further the secondary method was adopted, various literatures on banks and terrorism has been ready in the libraries of University of Dar es Salaam, High Court, Dar es Salaam and that of Institute of Judicial Administration Lushoto. The findings from the research show that there is no contradiction between the financial laws and the prevention of terrorism laws in respect of protection of the principle of the banker’s duty of confidentiality in Tanzania. This is due to the fact that, the banking laws through the exception of compulsion of law allows banks and financial institution to disclose the customer’s account. Hence, when banks disclose the customers account to the Anti-Terrorists’ police comply with requirement of the banking laws and the Anti-terrorism laws. Therefore, the research recommends establishment of bureau which will be responsible for investigation on terrorists’ funds operation. The bureau will be responsible to request the customers’ information from the bank after has investigated and found that the fund intends to be used for terrorist activities. Hence the principle of the bankers’ duty of confidentiality will be well protected.

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