Masters Dissertations

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State control over the coffee authority of Tanzania
(University of Dar es salaam, 1981) Naali, Shamshad R.P
The objective of state control over the coffee authority is tighter control of the coffee farmers’ agricultural surplus product. state control of the agricultural surplus product is not a new phenomenon, The history legal and administrative control of the cash crop is traced in chapters one and two to the British colonial times up to the times of Independence and after, where we witness a steady increase of the state control over the production and marketing of coffee and a gradual centralization of this control as co-operative societies and unions give way to the parastatal coffee authority of Tanzania. Chapter three looks at the genesis of the coffee authority. It dwells on the functions the powers and the conduciveness of its organization structure to government. The state control over the control over the coffee authority is analysed in chapters four and five, is through the ministry of agriculture, the parliament; the treasury; the Tanzania audit corporation; the standing committee of parastatal organizations; the Tanzanian investment Bank; the Bank of Tanzania the standing committee on parastatals Technical management committees; and the Government export Tax on coffee. Ultimately, it is revealed in chapter six that increased state control over the coffee farmer’s agricultural surplus product through the above mechanisms, and through administrative devices, such as the village government, the district development councils and prime minister’s office has had an adverse impact on the coffee production in general. The state in the final analysis, has not achieved its desired and namely, appropriation of increased agricultural surplus product of the peasantry. Chapter seven dwells on our observations and conclusion.
A critical analysis of the EAC cooperation in agriculture and its impact on the right to adequate food in Uganda
(University of Dar es salaam, 2019) Acidri, Emmanuel Malunga
In this study, the researcher set out to interrogate the relationship between EAC regional cooperation in agriculture on the one hand, and the right to adequate food on the other. Specifically, the researcher sought to evaluate the progress that has been made by Uganda in realizing the right to adequate food, the challenges impending they said realization and what lessons Uganda can learn from other countries that have made substantial progress in realizing the right. It proceeded on the hypothesis that Uganda’s failure to realize the right can partly be attributed to insufficient regional cooperation in agriculture. Thereafter, this was tested through field work carried out primarily through interview and observation. In addition to desktop research – whereby the findings proved the hypothesis .Based on these findings, a number of recommendations were made
Justice beyond punishment: analysis of the law regulating restorative justice to victims of crimes in Tanzania
(University of Dar es salaam, 2019) Iteba, Bernadeta Charles
This dissertation is based on an analysis of the law regulating restorative justice to victims of crimes in Tanzania. In brief, the main problem that this study investigated in whether the penal laws of Tanzania adequately provide for restorative justice to victims of crimes. This led to two hypothesis which are, that there is lack of restorative justice approaches in the current penal legislation leading to increase of crimes and enmity in the society; and that there is lack of restorative justice approaches (as supplementing forums for criminal cases resolution) in the current penal laws leading to increase in the backlog of cases pending before the courts. For the purpose of investigating the stated problem, the researcher employed interviews, questionnaires and focused group discussions to collect data from various group groups of respondents including advocates, magistrates, judges, state attorney and religious leaders. The study came up with two main findings. The first one is that lack of restorative justice approaches in the current penal legislation indeed leads to increase of crimes and enmity in the society. As restorative justice includes restitution, compensation, reintegration, reconciliation, community service, inclusion and amends, the fact that majority of these elements are not provided under the law, it means that there is no avenue for the parties to meet and be reconciled, hence the remain with the feeling of revenge and enmity. The second findings are that lack of restorative justice approaches in the current penal laws leads to increase in the backlog of cases pending before the courts. This is due to the fact that despite the normal court process, there is no another approach of solving cases. Lastly, the study recommends that changes should be made to our penal laws in order to allow restorative justice approaches because incorporation of these processes will bring flexibility and will complement the current system well
An examination of the enforcement and execution of decisions of the East African court of justice by partner states
(University of Dar es Salaam, 2018) Lilian, Masalu
The study examines the trend of enforcement of EACJ decisions by Partner States. The study set out to find out whether the trend of compliance with EACJ’s decisions by partner States conforms to the global norms theory or functionalism theory. The research employed field research, library search and internet sources in the collection of data relevant to the study. The study established that there is a mixed trend when it comes to enforcement of the Court’s decisions. The EACJ receives strained, partial enforcement on the one hand and total non-enforcement on the other. The main reason attributed to such a mixed trend is the lack of political will as the nature of EAC integration. Furthermore, despite the treaty putting in place a complimentary mechanism just like in the ECJ, the same has not solved the problem of non-enforcement of EACJ judgements. The Summit and Council of Ministers are mandated to put in place measures to ensure implementation of the Court’s judgements. However, the two organs have to date not taken any initiatives in that direction. The work has concluded that the EACJ conforms to the global norms theory. The study recommends the use of structural interdicts as well as decentralization of the enforcement role of EACJ decisions among other things.
The problems underlying the application of the doctrines of breakdown of marriage irreparably and the welfare principle in Tanzania
(University of Dar es Salaam, 2001) Majanjara, Stella Irene Ezras
This dissertation examines two doctrines which are applied by the courts in determining whether the marriage should be put to an end because the parties to it can no longer live together in harmony. In applying the doctrines of breakdown f the marriage irretrievably and the welfare principle problems relating to customary and Islamic laws are encountered. If is the observation of the researcher that, in some areas the people still believe in the matrimonial offence as the source of breakdown of a marriage when there is adultery by one of the spouses that is enough ground for divorce. Under Islamic marriages the schools of thought in Islamic faith contribute a lot when determining the custody of children. The sunni school, for example, holds that custody of children is always on the material side, whereas the shia give custody to the father, except in cases of an infant. Such approaches make the application of the welfare principle difficult. The researcher examines the conflicts which arise in courts especially the applicability of the Civil Procedure Code 1966, the Law of Marriage Act, 1971, and the Matrimonial Proceedings Rules. It seems that, under the provisions of the Civil Procedure Code 1966 does allow the courts to consider divorce by consent of the spouses. Where both husband and the wife have agreed that their marriage has broken down beyond repair, the court need not take additional evidence to prove the facts alleged. But under the Law of Marriage Act, 1971 the courts must inquire the history of the marriage and determine whether or not such a marriage can be mended. These pieces of legislation therefore are confusing and that, they should be harmonized
The efficacy of the protocol on the East African Kiswahili commission in addressing language challenges in the EAC
(University of Dar es salaam, 2019) Hussein, AbdIllah Mdunga
Since its adoption, the Treaty for the establishment of East African Community, 1999 has been advocating for the adoption of Kiswahili as a regional lingua franca. Recently, there have also emerged other new endeavours by the East African Legislative Assembly to have Kiswahili recognised as the official language of the community. To that end, the founder Partner States of the EAC adopted a Protocol for the Establishment of the East African Kiswahili Commission in 2007. The protocol came into force in September 2013 and the East African Kiswahili Commission was officially inaugurated in July 2015. This study examines the efficacy of the Protocol establishing the East African Kiswahili Commission. That is done through analysis of the protocol itself, the work of the East African Kiswahili Commission and examination of the compatibility between the national laws of some selected Partner States and the Protocol establishing the commission. Despite various efforts to develop Kiswahili as the regional lingua franca, this research has found that the Commission is inefficient due to threats and challenges posed to it by the existing multilingualism in the East African Community, among others
Protecting trans boundary cultural knowledge and expressions: remodeling Kenya’s traditional knowledge and cultural expressions act in line with east African integration
(University of Dar es Salaam, 2019) Mbole, Miriam Kalee
The study evaluates the protection of Kenya’s transboundary traditional knowledge and cultural expressions vis-à-vis the East African integration agenda. Kenya hosts a number of cross border communities with neighboring East Africa Community states who share the same culture. The Kenyan law on traditional knowledge cultural expressions vests ownership of such intellectual property on the communities through a nationally established regulatory agency. The researcher used a combination of both primary and secondary methods of data, question based interviews where used to collect information’s from the government officials and the community representatives. The study found out that the Kenya law on the protection of traditional knowledge and cultural expressions inadequate in protecting transboundary TK/TCEs. This makes the knowledge and the culture of such communities vulnerable and easily exploitable without benefiting the communities. The study recommends amongst others that the EAC legislative authority regional framework of safeguard the protection of cross-border traditional knowledge and cultural expressions, creates institutions in charge of the community TK/TCEs establishment of EAC TK/TCEs repository and harmonization of EAC partner states laws on protection of tradition knowledge and cultural expression.
Legal Framework for The Protection Of Marine Environment In Offshore Oil And Exploration And Production Activities In Mainland Tanzania
(University of Dar es salaam, 2018) Mihayo, Catherine Patrick
This dissertation gives an overview of oil and gas industry in Tanzania Mainland, regard being made to offshore oil and gas activities and their effect on the marine environment. It acknowledges the importance of oil and gas to the Tanzanian economy and at the same time analyses effects that may be caused to the marine environment, coastal communities and neighboring states by offshore oil and gas operations. This research critically analyzes the legal framework for the protection of the marine environment against oil and gas activities and assesses its effectiveness in minimizing, preventing and mitigating effect resulting from oil and gas activities in Tanzania. Tanzania not ratifying and domesticating international instruments on the protection of the marine environment, conflicting mandates created by the existing legal framework; inadequacy in financial and technical resources and stabilization clauses in oil and gas agreements leads to ineffective monitoring of the effects from oil and gas activities to the marine and coastal environment. This study recommends adoption of international conventions on the protection of the marine environment in Tanzania, preparation of regulation to supplement implementation of legislation, renegotiation of agreements with oil and gas companies on implementation of obligations on environment protection and capacity building to institutions regulating the protection of the marine environments regulating the protection of the marine environment against oil and gas activities.
State control over the office authority of Tanzania
(University of Dar es Salaam, 1981) Naali, Shamshad R. P
The objective of state control over the coffee authority is tighter control of the Cofee farmers’ agricultural surplus product is not a new phenomenon. The history of legal and administrative control of the cash crops is traced in the chapters one and two to the British Colonial times up to the time of Independence and after, where we witness a steady increase of the state control over the production and marketing of coffee and gradual centralization of this control as Co-operative Societies and unions give way to the Parastatal Coffee Authority Of Tanzania. Chapter three looks at the genesis of the coffee Authority. It dwells on the functions, the powers and the conduciveness of its organization structure to the government control. The state control over Coffee Authority is analysed in Chapters four and five, which is through the Ministry of Agriculture; The Parliament; The Treasury; The Tanzania Audit Corporation; The Standing Committee Of Parastatal Organisations; The Tanzania Investment Bank; The Bank Of Tanzania; The Standing Committee On Parastatal Technical Management Committee; And The Government Export Tax On Coffee. Ultimately it is revealed in chapter six that increased state control over the Coffee Former’s Agricultural Surplus Product through the above mechanisms, and through administrative devices, such as Village Government, the District Development Councils and the Prime Minister’s Office has had an adverse impact on the coffee production in general. The state in the final analysis, has not achieved its desired and, namely, appropriation of increased agricultural surplus product of the peasantry. Chapter seven dwells on our observation and conclusion.
The role of the permanent labour tribunal in surveillance of the national wages policy. Settlement of industrial disputes, monitoring of labour productivity and rewarding bonus payments :(a critical study of a decade of industrial relations in Tanzania: 1968-1980)
(University of Dar es Salaam, 1980) Ruhumbika, Raymond John Lwegongwa
The objective of this dissertation is to examine critically the role of the Permanent Labour Tribunal in its different functions since its establishment, and find out whether or not the Permanent Labour Tribunal has been effective in carrying out those functions. As the permanent labour tribunal deals with conflicts arising from employer-employee contractual relationships, the dissertation starts off by investigating the traditional common law concept of social justice which has given rise to state intervention in employment matters. In this respect it is shown the common law managerial prerogatives such as the employer’s right to “hire and fire” at pleasure are no longer adequately covering the employer-employee relationships, because of the inequality that exists between the employer and employee in bargaining power. This makes the concept of freedom of contract in employment contracts mere myth. Eventually, different types of labour legislation have had to be enacted in order to regulate the employer-employee relationships and to attempt to protect the employee from the employer’s bourgeois exploitative propensities has found it constrained in different ways, either through statutory inhibition or through practical administrative hitches. It is then argued in the dissertation that those constraints have stunted the effectiveness of this institution in carrying out its function as expected. In conclusion, after considering all those industrial relations issues and activities from January 1968 up to the end of the third quarter of 1980, the dissertation puts forward proposals for enhancing the status and effectiveness of the Permanent Labour Tribunal, through amending the Permanent Labour Tribunal Act, 1967 (No. 41 of 1967), through organizational arrangements
The impact of the sentencing policy on the rehabilitation of prisoners in Tanzania
(University of Dar es Salaam, 2007) Chitimbo, Ramadhani Abed Muhaya
The researcher investigates to what extent the sentencing policy courts is in conformity with the theory of rehabilitation of prisoners, the researcher, a senior prisons officer had worked at various prisons in Tanzania, where he encountered fundamental obstacles at providing meaningful therapy for rehabilitation. The author proposes that, the policy of rehabilitation calls for good environment and sound relationship between the sentencing authorities and the prisons authorities. The object being to rehabilitate the criminal so that he can go back to society and serve as a useful citizen. The author argues that, the inherent and degrading punishments are imposable under the Minimum Sentences Act are in conflict with the theory of rehabilitation of offenders. He argues further that, the harsh prisons conditions and essential prison facilities have negatively influenced the rehabilitation of prisoners. These prison conditions violate the principle of human rights. The researcher notes that, there is a discrepancy between self-reliance and production in prisons and progressive policies being strived for under the label of rehabilitation is a process of transforming criminality tendencies from that perspective. Finally the researcher outlines theoretically sound, but practical recommendation to a viable rehabilitation of prisoners in Tanzania
The development of the law of sale of goods in Kenya (a historical, socio-economic critique)
(University of Dar es Salaam, 1978) Ombudo, Owino
This dissertation which is on “The development of the law of sale of goods in Kenya” being a historical, socio-economic critique, comprises four chapter in all. In chapter one, entitled “Customary Laws and Commodity Production and Exchange in Pre-colonial Kenya”, we trace the early history of the evolution of the pre-colonial classical communalistic societies with a view to throwing lights on the mode of production and socio-economic relations and their correspondence to the existence of law relating to sale of goods at the time. In this regard we come out with the conclusion that no commercial law existed in a developed form because commodity production and circulation was only in its embryonic stage of evolution at the time a fact which precluded the existence of the material basis for the existence of such laws for that matter. In chapter two which is devoted to the colonial period, the author as a prelude, makes a review of socio-economic factors in Europe up to the last half of the nineteenth century with a view to identifying the obtaining motive socio-economic factors that finally led to the colonization of Kenya. Again, in this this chapter, we make a brief review of the historical development of the Law Merchant with emphasis on Britain in order to expose the socio-economic background ahgainst which the laws which later had to be adopted in Kenya developed. In chapter three, we examine the methods and process by which English laws relating to sale of goods were implanted into Kenya by the British Imperial government and its colonial administration. Furthermore, in this chapter, after reviewing briefly the method by which the independent Kenya government adopted English laws relating to sale of goods in order to make them applicable locally, we observe, and as a matter of principle that the nature or content of Laws id determined by a given socio-economic system, and that since the socio-economic system in Kenya is neo-colonial, controlled by foreign monopolies, it follows therefore that the laws relating to sale of goods are also imperialistic in essence, aimed primarily at the service of monopoly capital and the properties of monopoly firms. In order to prove this contention, we make a critical review of the exploitative nature of the colonial economy and how it determined the nature and essence of colonial laws, concluding that such laws had only a single objective viz: to service and aid finance monopoly exploitation of Kenya in its extractive industrial ventures and commercial interests in general, and o the circulation of monopoly commodity capital (goods). In further bid to prove this contention that is the socio-economic system that determines the content of law, we analyse the nature or essence of Kenya’s current laws relating to sale of goods against the background of the country’s present socio-economic content and rationale of such laws by examining it in the light of the economically dominant or ruling class. In doing this we by way of generalized commentary on the sale of goods Act ( Cap. 32) 1931 and the Hire-Purchase Act (Cap. 507) 1968, try to synthesize the implications of the Acts and the English legal doctrines which guide their applicability against the background of the present socio-economic system. Proceeding from the premise that Kenya’s economic pattern is neo-colonial, entangled with in the world imperialist system, we conclude with regard to the socio-economic rationale of its laws related to sale of goods, that they are by their very nature primarily in the service of foreign transitional monopolies which control the economic life of the country. In doing this besides exposing the bourgeois essence of leading legal doctrines that govern the applicability of the laws relating to sales of goods with in Kenya’s legal system, we also cite as an authority both the Constitution of Kenya and the foreign investment protection act 1964 as guaranteeing the security of foreign monopoly investment in the country. Chapter four, however, contains the authors concluding remarks.
The law relating to debentures and their realisation in Tanzania: the case of CRDB Bank Limited
(University of Dar es Salaam, 2004) Michael, Onesmo
Leading and borrowing business id crucial in the Tanzanian economy. Investors who wish to invest in various sectors of the economy need to raise enough capital and, one of the ways of obtaining capital is to borrow from banks and other financial institution. In leading money to investors, it is prudent to obtain security as a form of assurance should untoward and unexpected development occur to jeopardize the safety of the advance. Essentially, security is one of the accepted basic principles of the lending. There are various methods by which a banker may obtain security and one of them is a debenture. This work is based on the law relating to debentures and their realization with specific reference to the CRDB Bank Limited. It is shown in this study that debentures are a class of security issues by companies, co-operatives societies and other body corporate in favour of bankers and other lenders, which normally give a fixed charge on the company’s fixed assets and what is known as floating charge on the rest of its undertakings. Further, it is shown that the CRDB Bank Limited has been accepting debentures as security since its reconstitution in 1984. That, the CRDB was solely owned by the government until it was privatized in 1994. During the time when CRDB was under the ownership of the government, it was not autonomous in its operations. It is also submitted that,after the privatization of the CRDB, it became independent of any interference from the government in accepting and realizing debentures. The legal and credit departments of the bank currently abide by the basic principles of lending and realisation of the debentures without interference.
Income tax; revenue productivity, constraints and impact of recent tax reforms in Tanzania
(University of Dar es Salaam, 2008) Kohi, Mugendi Francis
Increase demand for revenue to finance public expenditure has caused the government to effect successive tax reforms. The aim is to ensure that the tax system is capable of yielding sufficient tax revenue. While the various taxes are contributing increasingly, for example, the increased contribution from value added tax and the customs duties .it is often questioned whether the income tax has attained the desired levels of revenue productivity. This study examines the impact of effected reforms on the revenue productivity of the income tax .It also addresses the constraints experienced and proffers recommendation for improvement.
The hegemonic function of ideology and law in a post-colonial state ;Tanzania with particular reference to family law
(University of Dar es Salaam, 1982) Owori, Moses
Since the late 1960’s and early 1970’s there has been an increasing awareness of the inadequacy of approaches to the study of society in bourgeois social sciences. Hence what has been referred to as the crisis in the social science, the crisis itself, signifying not just this awareness, but more importantly, the overall crisis or international capital. The inadequacy in the social science is particularly illuminated in the empiricist comceptions that dominate these compartimentalised disciplines: political science, economics, history, literature, sociology, anthropology, law, etc. The major shortcoming of these conceptions lies in their lack of a theoretical grounding in their analysis if social forms. The empiricist method can never go deep enough to uncover the linner essences of social structure. It remains trapped at the level of appearances, confounding forms of appearance with their causative mechanism. In the circumstances the claim bourgeois social sciences to scientific rigour, neutrality and objectivity must be challenged for what it is: a reflection of and reinforcement of the ideological hegemony of bourgeois society, which by focusing superficially on these forms of appearances pre cludes the possibility of perceiving the underlying structures and there by legitimates the exploitative relations of production by presenting these forms of appearances as universal. It is in this respect that ideological hegemony becomes a prime factor in reproducing the social formation. The dominate classes do not depend solely on the coercive apparatus to maintain their supremacy. Quite crucially, they rely on ideological hegemony to their rule, that is, through consensus from the ruled. Ideology then becomes a crucially element of social practice, for, through its form, relations between fractions of classes and more importantly relation between different and antagonistic classes come to be mediated. To comprehend its centrality for social practice one would have to transcend the otherwise compartmentalized disciplines of the social sciences. This calls for a different problematic that would enable one to penetrate below these surface forms of appearances and uncover their foundation in the social relations obtaining in the formation. Such a methodology. It is submitted, would make it possible view law, history, anthropology, and all other social disciplines not as given absolute categories, but as complex forms of consciousness through which class struggle is mediated. It is this light that present discourses on law and the legal system must be questioned. One cannot afford to study law in isolation of the other social forms that go to mediate class struggles. It is for this reason that the study of law which preoccupies itself with investigating pieces of legislation or specific legal systems must be rejected. Law is neither a natural nor a god given category. It is a social form which is highly composed of ideology. It is important to understand that while law is made up of normative rules, these rules and their operation are mediated through ideological practice within the social formation. Consequently without a concept of ideology and its role in social practice, the study of law remains purely an academic and mechanical exercise. As Sumner pointed out: “ The study of law will not be advanced by continually investigating specific legal systems. These investigations must be accompanied by inquiries into the theory of law and the methodology of the social sciences. Since ideology is one of the two components of the legal system the other being power, the conception and identification of ideology are of central importance to the development of the socially analysis of law”.1 A methodology that confined itself within the realm of appearances and which took law and the legal system for granted would be doomed to the ideological hegemony of the dominant class and would only further reinforce it. Yet the role of science must be to investigate the possibility of analysis of social forms, including law, beyond the terrain of bourgeois hegemony in order that their functioning for capital may be exposed. As shivji noted, “ ….a lawyer intellectual has reveal the real substance the exploitative economic, social and political dominat/ dominated that underlie much of the law”.2 In other words law as a social form must be linked with other social forms i.e. the social sciences by perceiving their function as complex forms of consciousness through which class struggle is fought out. Sumner gives us a useful hint: “…. Legal discourse and the ideology of law Must always be seen in relation to other contemporaneous forms of ideology …. we must not only put the last nail in the coffin of empiricist epistemology of bourgeois social science, but we must also arrest this dogmatism masquerading under the guise of science. We thus open our discussion in chapter one with an attempt to conceptualize ideology as a specific theoretical and social category inherent in social practice. Such an analysis will enable us to identify the other social forms: law, history, anthropology, and other social sciences as component parts that reflect and reinforce ideology within the social formation. This analysis is then used as a spring board in the attempt to integrate the social form: law and social form: ideology as interlocking and interpenetrating social practices within a social formation. In this we aim, in chapter two, to delineate the ideological hegemony of the social form: law. While chapters one and two perceive law and ideology as theoretical as well as historical categories, the subsequent chapters attempt to situate them within the historical determined and concrete realities of a post –colonial state. While there is a brief attempt to treat the post-colonial state as general category, for a more concrete analysis, however, the Tanzania formation is singled out and its own peculiarities dwelt upon. In chapter three therefore, we locate the role of ideology within a specific historical and social setting. We examine the unfolding of the class struggle in the post-colonial state from the colonial period to date. Our emphasis is in perceiving how this struggle is mediated through ideological practice and how such ideological practice shifts to meet the exigencies of the moment. It is in this respect that such as history, anthropology, etc., are subject to scrutiny for their function in mediating these struggles in the neo-colonial formation. Chapter four abstracts the legal system from other ideological forms. It then sets out to show how the legal system articulates with ideological practice within the Because law is but one of sveral ideological Forms which combine to form and reproduce the ideological kernel of class hegemony. Law in linked in reality with other ideological Forms and apparatuses as mechanism of domination by consent: it must therefore be linked with them in theory too”.3 Finally we would like to point out that while we reject the empiricist functionalism which underpins the ideological hegemony of bourgeois social sciences, We must guard against its theoretical twin: the dogmatism of the bukharinist order. Under the guise of Marxism this mechanistic materialism continues to flourish with sorry consequences for social practice. Therefore if we are to comprehend the function of social forms in social practice formation to moderate class conflict and so maintain the social social formation. The function of legal system is here seen through the spectacles of ideological practice in formation. Chapter five singles out one branch of law – family law for a concrete analysis of the complex interpenetration between ideological practice and law. We attempt to show the general ideologies of the day, articulate with a particular Field of law, namely, family law to reproduce the formation. While it is acknowledge and indeed shown that the legal system, and for that matter any law including family law signify in terms of the dominant ideologies in the formation and thereby reflect and reinforce the hegemony of the dominant classes, we investigate the possibility of a revolutionary practice that would penetrate and provide a way out of of this ideological hegemony. We show in this chapter the implications of such revolution practice for the family institution ad the social formation in general. Chapter six contains a summary of our observations and conclusions.
Examining the compliance of Uganda‘s domestic laws with the east African common market protocol in respect to the movement of capital in the East African Community
(University of Dar es Salaam, 2019) Kobusingye, Deborah Fiona
This research examines freedom of movement of capital in the East African Community with special interest in Uganda as a partner state. The study has examined Uganda’s legal configuration and its compliance with the East African Community common market protocol with respect to free movement of capital. This study established that while there must be conformity of national laws with those of the EAC; this has not been achieved fully in respect of capital movement which casts doubt on the commitment of partner states to the aspirations of the community. The research has recognized that Uganda has made an effort to remove restrictions on movement of capital as required by the EAC common market protocol. However, some restrictions are yet to be removed so as to facilitate free movement of capital. The study has given an insight of the organization and functioning of the European Union as well as its Institutional as a Union with the purpose of bringing to light the different aspects that make it exceptional. The study recommends that Uganda conduct a periodic evaluation of the legal configuration regarding the movement of capital, shifts from reliance on merit-based decision- making to a disclosure approach before authorizing and investment, avails more information regarding of harmonization of domestic tax laws, and also enforces the notification mechanism as properly explained in the study.
Implementation of east African community investment laws and policy: the Case Study of Rwanda
(University of Dar es Salaam, 2019) Karanganwa, Marc
This study is and assessment of the process of implementation of East African Community investment laws and policy in Republic of Rwanda. It was conducted on the assumption that Rwanda legal frame work relating to cross-border investment has made a progress in compliance with EAC laws and policy. That notwithstanding, some laws and regulations which were adopted before, during or after Rwanda became a Partner State of EAC still contain some restrictions of cross-border investment. The study employed different research methods which included interview observation, library and desktop research. The research found out that there is significant progress to facilitate cross-border investment in Rwanda by fitting EAC investors into domestic definition of investors. However some state sponsored regulations for example in the capital market business make it a requirement for foreign business persons to first obtain foreign license in order to participate in that sector. Similarly, the Rwanda Central Bank is vested with excessive powers in terms of financial intervention which creates challenges to cross-border investment. The Central Bank enjoys exclusive monopoly of the central security depository. Some requirements such as reciprocity of treatment especially with regard to free movement of service amount to Non-Conformity Measures and are thus disincentive to cross border laws and regulations amended to conform to EAC cross-border investment laws and policy.
A case for convergence of cross border insolvency legal framework in East Africa; experiance from Kenya and Tanzania.
(University of Dar es Salaam, 2019) Bett, Frankline
This study examines the legal framework for cross border insolvency practice in East Africa based on the experiences of Kenya and Tanzania. The research is premised on the notion that economic integration of the EAC Partner States coupled with globalization has inevitably opened doors for increased cross border insolvencies in Kenya, Tanzania and the EAC at large. Consequently, the study hypothesized that coordinated and efficient cross border insolvency practice is not yet possible in East Africa given that in as much as the Community lacks uniform legal standards on cross border insolvency, majority of the Partner States like Kenya and Tanzania lack effective domestic legislation that governs cross border insolvency. Based on a review of existing literature and information collected from the-field, the research concluded that efficient cross border insolvency practice is not yet possible in Kenya and Tanzania. This is because Tanzania lacks express legislative framework providing for cross border insolvency while Kenya is yet to take steps to formulate regulations to implement the provisions on cross border insolvency contained in its Insolvency Act of 2015. At the regional level, the EAC lacks uniform standards for resolving cross border insolvency cases. The difficulty of cross boarder insolvencies in Kenya, Tanzania and the EAC is attributable to, among others, significant contrasts in the substantive and procedural legal framework followed by the EAC Partner States. Secondly, no measures have been taken to streamline or respond to issues of cross boarder insolvency both at national and.
A critical analysis of the law relating to environmental impact assessment and audit in oil and gas projects in Tanzania
(University of Dar es salaam, 2019) Suguta, Manchare Heche
Many licenses and production sharing Agreements existing in Tanzania mainland were issued under the petroleum (Exploration and Production) Act of 1980. At this time conducting ELA and Audit was not a legal requirement. Post 2010, Tanzania has been developing various oil and gas projects as part of safeguarding national development. Thus, this dissertation seeks to critically analyse the extent to which the current legal framework in Tanzania is adept in providing for ELA and Audit with regard to oil and gas projects. If the answer is to the affirmative to this objective the next question is the extent to which such legal framework is implemented in practice. The hypothesis set in this dissertation was that, the legal framework governing ELA and Audit for oil and gas projects in Tanzania is inadequate. To prove or disapprove this hypothesis, the researcher used qualitative research methods in data collection. The researcher used both secondary and primary methods catering from library research to interviews. At the end, this research proves the hypothesis to the affirmative finding out inter alia that, the existing law does not adequately cater for ELA and Audit for oil and gas projects, the institutions are weak and there is poor participation of stakeholders. The researcher recommends for amendment of the law, strengthening of institutions and increased role of other relevant stakeholders.
A case for convergence of cross border insolvency legal framework in East Africa: experiences from Kenya and Tanzania
(University of Dar es Salaam, 2019) Bett, Frankline
This study examines legal framework for cross border insolvency practice in East Africa based on the experiences of Kenya and Tanzania. The research is premised on the notion that economic integration of the EAC Partner States coupled with globalization has inevitably opened doors for increased cross border insolvencies in Kenya, Tanzania and the EAC at large. Consequently, the study hypothesized that coordinated and efficient cross border insolvency practice is not yet possible in East Africa given that in as much as the Community lacks uniform legal standards on cross border insolvency, majority of the Partner States like Kenya and Tanzania lack effective domestic legislation that governs cross border insolvency. Based on a review of existing literature and information collected from the field, the research concluded that efficient cross border insolvency practice is not yet possible in Kenya and Tanzania. This is because Tanzania lacks express legislative framework providing for cross border Insolvenency while Kenya is yet to take steps to formulate regulations to implement the provisions on cross border insolvency contained in its insolvency Act of 2015. At the regional level, the EAC lacks uniform standards for resolving cross border insolvency cases. The difficulty of cross boarder insolvencies in Kenya, Tanzania and the EAC is attributable to, among others, significant contrasts in the substantive and procedural legal framework followed by the EAC Partner Of Cross Board Insolvency both at national and

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