Library’s Legal Framework: Legislations, Regulations and Policies on Educational Transformation in Tanzania-An Enabler or Deterrent?

Abstract

This is an exploratory paper which presents an analysis of the state of the library legal framework, and its impact on educational transformation in Tanzania. The paper focuses on legal and policy aspects of the law, to establish whether they enable or deter the education transformation process and to propose reforms. The data were collected through document analysis. The reviewed documents include the Education Act Cap 353 of 2002 and the School Library Resource Centres Regulations (2002); Copyright and Neighboring Rights (Licensing of Reproduction and Rental Rights) Regulations, 2014; Education policy of 2014; the National Library Policy; and Tanzania Library Service Board Act 1975. Others are the Sokoine National Agricultural Library Act No 7 of 1991; the role of Open Educational Resources (OER) in education, and the significance of the legal framework. The study established that the 2014 Education Policy is silent on library-related issues. Although the Education Act Cap 353 sect 60 (u) G.N No.282 (2002) assigns the Minister of education powers to affect the provisions of the Act, such instructions are missing in the parent Education Act. Some sections of the Legal Framework are inconsistent with the educational transformation in Tanzania. Based on these findings, it is argued here that a conducive environment for educational transformation may be attained by the following. First, by amending the existing legal framework. Second, by ameliorating the legal framework of the Education Act Cap 353 60 (u), Copyright and Neighboring Rights (Licencing of Reproduction and Rental Rights) Regulations (2014). Third, by enhancing awareness amongst library professionals of the laws, regulations and policies enacted by the Government.