University of Dar es Salaam School of Law

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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
Analysis of the implementation of article 121 of the treaty for the establishment of the East African Community, 1999 in Tanzania a case Study of Women's Access to Property Rights
(University of Dar es Salaam, 2018) Ngaiza, Cecilia Edward
This study analyses the implementation of article 121 of the Treaty for the Establishment of the East African Community, 1999 (hereinafter referred to as the EAC Treaty) in Tanzania with specific address to women's access to property rights. Tanzania's call under the EAC Treaty to eliminate legislation, customs and practices that are discriminatory against women and such other related prejudices that create inequality of gender in the country (including impediments to women's access to property rights) is placed concurrently with other EAC Partner states. However, there are several legal, practical and institutional challenges that diminish the fulfilment of Tanzania's obligation under article 121 of the EAC Treaty as reflected in the first chapter of the study. There are policies and legislation both at the EAC and Partner States' level reflecting Partner States' obligation under article 121 of the EAC Treaty. Among other things, such frameworks address women's access to property rights as reflected in chapter two of the study. In Tanzania, there exists in place ministries, Governmental departments and institutions designed for implementation of such policies and legislation complimented by non-governmental bodies. The aforementioned bodies have devised some initiatives to meet the Government's obligations under article 121 of the EAC Treaty as discussed in chapter three of the study. Challenges encountering such initiatives have also been addressed in the same chapter. Chapter four of this dissertation contains viable standpoints and recommendations to overcome the identified challenges such as prioritizing the issue of women's access to property rights through policy, legal and institutional arrangements.
Analysis of the implementation of the United Nations framework convention on climate change in mainland Tanzania
(University of Dar es salaam, 2019) Morris, Cleophace Kassenene Kakiziba
This study centres at the efforts Tanzania has already or is currently putting in place to address the challenges of Climate Change in purview of the United Nations Framework Convention to that regard. That is UNFCCC. Its general objective is to analyze implementation of the UNFCCC in Mainland Tanzania. The same was conducted through both desk and field researches. Relevant government and private authorities together with individual stakeholders were contracted through a number of research tools. In the main, it is revealed herein that Tanzania majorly tackles the challenges above adjunctly with environmental issues, thus lacking a specific focus to pertinent matters revolving around climate Change which is currently the centre of international debate. Notwithstanding such focal weakness, various positive initiatives towards realizing ideas of the Convention under the study have been revealed. These include, the National Action Plan on Climate Change (NAPCC); National Adaptation Programme of Action (NAPA); National Climate Change Strategy (NCCS); implementation of the National Strategy for Reduced Emissions from Deforestation and Forest Degradation (REDD+) and several sectoral strategies such as prioritized agrarian development (in Swahili known as Kilimo Kwanza) and identification of clusters for effective mechanized agriculture in the southern part of the country (SAGGOT). However, the study argues that there remains a plethora of challenges such as a disharmonious legal regime, lack of political will, insufficiency of financial capacity and lack of an effective Climate Change institutional architecture. All these challenges call for a need of forging immense collaboration and reforms so as to effectively implement UNFCCC in the country. Consequently, the study sets out recommendations towards enactment of a specific legislation on Climate Change establishment of a more effective and independent body to superintend the implementation; effective climate funding and sectoral collaboration; and according climatic issues necessary constitutional recognition for protection and enforcement.
An analysis of the legal basis for electronic banking in Tanzania
(University of Dar es Salaam, 2011) Lukumay, Zakayo Ndobir
This Thesis analyzes the legal basis of e-banking in Tanzania. It addresses the key issues revolving around lack of a clear legal framework that is responsive to adoption and advancement of e-banking technologies in the banking industry. The qualitative approach and literature review for collection of primary and secondary data were adopted. It has been observed that e-banking is increasingly causing a number of problems to consumers, the major ones being theft and fraud, which cause massive losses to customers using e-banking technologies. The study has observed further that the law governing banking business in Tanzania does not address issues raised by e-banking technologies, particularly those revolving around allocation of losses. This phenomenon has far reaching consequences to customers using a variety of e-banking distribution channels for transacting banking business in that they are left without adequate legal protection.
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
The application and effectiveness of the doctrine of checks and balances in Tanzania
(Unversity of Dar es Salaam, 2015) Kamanija, Lucas Charles
This thesis analyses whether or not the doctrine of checks and balances has been and can be effectively applied by the tripartite co-equal organs of state in Tanzania inter se (that is, the Legislature, the Executive and the Judiciary) to prevent abuses or excesses in the exercise of state power, without violating the principle of separation of powers. The qualitative approach was adopted in analysing the data collected from documentary reviews, interviews, observations and the internet. Generally, the thesis has established that despite its ineffectiveness in some instances, the doctrine of checks and balances has been and can be effectively applied to prevent abuses or excesses in the exercise of state power among the three organs of state in Tanzania without violating the principle of separation of powers. Specifically, the thesis has established the following. First, that although there have been instances of effectiveness in the application of the doctrine of checks and balances in Tanzania, there have also been instances where the doctrine has not been effectively applied due to the failure of the organs of state to grasp the extent and limits of their respective ancillary and core powers, and sometimes due to their failure to grasp fully the need to respect the doctrine when checking one another. Second, that all organs of state are equal and none is superior to the other. Thus, where all tripartite organs of state fail to resolve a particular issue, then that issue can only be resolved by the sovereign power of the people in a referendum; the people being the highest nation’s authority. At the end, the study recommends on how to enhance the principle of separation of powers and its intended doctrine of checks and balances in Tanzania.
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.
Application of the public procurement act, no. 21 of 2004 in public corporations: the case of the Tanzania broadcasting corporation in 2009
(University of Dar es Salaam, 2012) Mlawa, Gwakisa Martine
Public Procurement in Tanzania has undergone various changes for the better since the first commissioned consultancy by the Crown Agents in 1992. In 1996 and 2003 the Word Bank prepared the Tanzania Country Procurement Assessment Report (CPAR). The assessment identified a number of serious weaknesses in the country's Public Procurement system, and recommended urgent reforms which, among others was the enactment of the law that would govern the public procurement process in the country. The reforms led to the enactment of Public Procurement Acts (Act No. 3 of 2001 and later Act No. 21 of 2004). The said Acts, therefore, were enacted as a reactive response to procurement problems and specifically with a view to instituting efficiency in the country’s procurement system. This study aspired to examine all these limitations that slow down effectual application of the Public Procurement Act, No.21 of 2004. It exposes limitations in application of the Public Procurement Act, 2004 at Tanzania Broadcasting Corporation (TBC) and subsequently develops possible solution to existing problems associated with the Act. The study was conducted at the Tanzania Broadcasting Corporation (TBC) Headquarters, Nyerere Road and at the Corporation’s Television Station (TBC 1) at Mikocheni, Dar es Salaam. The researcher collected data mainly through interviews, questionnaires and documentary sources such as files, books, different reports and past studies on the subject The study has established that TBC, like many other procuring entities in Tanzania, has experienced problems with the application of the Public Procurement Act No.21 of 2004. It was seen that 90% of respondents pointed out the following as the reasons for problems with the application of the rules and regulation governing public procurement in Tanzania; inadequacy of the Act, poor implementation of the procurement plan, lack of capacity of the personnel manning the procurement units within the organization, poor records keeping, poor contract management and interference with functional areas namely Procurement Management Unit, Tender Board, Evaluation Committee and Accounting Officer. The environment surrounding public procurement within the public service has led to problems in the applicability of the Act leading to failure to achieve the main pillars of public procurement that is transparency, economy, efficiency, eligibility, probity, ethics, equality and value for money. Other factors have also been unearthed from within the PE itself. The researcher hopes that the output from this research study shall be of practical use to the Tanzania Broadcasting Corporation (TBC), the Public Procurement Regulatory Authority (PPRA), the Government and other stakeholders and will have a positive impact in the proposed Act.
Approximation of competition rules within the eac partner states:a case study of Tanzania, Kenya and Rwanda
(University of Dar es Salaam, 2018) Sabby, Francis
This study was aimed at examining the extent to which Partner States to the East African Community (EAC) have complied with the Treaty obligation requiring them to approximate their competition laws for purposes of enhancing the effectiveness of the Common Market and Customs Union. Basing on the stated aim, the hypothesis governing the study was that the EAC Partner States have largely ignored their Treaty obligation to approximate their competition laws. This situation is considered to be detrimental in fostering the contemplated political federation. For purposes of data collection, the methodology used was mainly qualitative. The study has found that the EAC Partner States have not completely ignored their Treaty obligation to approximate their respective competition laws; they have made some efforts towards approximation of their competition laws. However, considering the magnitude of what is expected of them, it is fair to conclude that the said Partner States have not done enough. This is mainly associated with lack of political will and serious commitments on the Partner States. The study has also noted that some of the Partner States have no competition laws in place. This is said to be the major challenge towards accomplishment of the approximation process. The reason is simple; you cannot approximate if there are no laws to be approximated. This work therefore recommends, among others, that the Partner States should fully align their competition laws with the EAC Competition Act, which is the model law in that regard.
Assessing the monetary union in east Africa with special reference to legal and practical challenges relating to financial markets integration
(University of Dar es Salaam, 2018) Rwechungura, Edson Paschal Stanislaus
This thesis titled “Assessing the Monetary Union in East Africa with Special Reference to Legal and Practical Challenges Relating to Financial Markets Integration” has as its main objective the examination of the role of harmonization of the law in integrating financial markets in East Africa and its contribution in the efforts of the partner states to finally achieve a monetary union. It examines the legal and practical challenges in the way of the EAC’s efforts to integrate economically. It addresses the problem of disparities in the legal and regulatory frameworks of the Partner states which tend to create distinct markets for each state. It proceeds under the hypothesis that these differences hinder complete integration of financial markets. It partly proves the hypothesis that there are differences in EAC Partner. It makes a very important observation that there is lack of co-ordination of the domestic legal and regulatory systems of the Partner states. As a result domestic financial markets remain segmented. The study observes that even the Directives adopted by the East African Council of Ministers in 2015 while the research was under way are not enough to bring the required integration because they concentrate on making internal laws similar but not work in harmony. It observes that the EAC is not yet committed to have full integration of its markets as the countries are eager to maintain the autonomy in regulation of their markets. The thesis gives valuable recommendations to rectify the situation including structuring domestic laws in such a way that they rhyme with those of the Community as well as develop institutional integration for those institutions which engage in financial markets such as banks, stock markets and regulatory bodies. The thesis is very useful in the EAC context because it provides important inputs for achievement of a meaningful monetary co-operation in this area.

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