Law In Tanzania Research Articles

Legal Implications of the Law of Child Act on the Intestate Rules of Customary Law in Tanzania

This paper explores legal implications of Child Act, 2009 concurrently with the intestate rules of customary law in Tanzania (to be on referred as intestate rules). From the discussion it is evident that little study has been done on this area of law since the colonial masters left 60 years ago. The main issue that this paper identifies is the inequality in provisions of the intestate succession laws, which is contrary to the provisions of equality, brought about by the Law of Child Act dispensation. The article also seeks to unearth contradictory application of the intestate rules of customary law in Tanzania. Reference is made to the leading judicial decisions which directly affects and alters the intestate rules. This is followed by a brief discussion of unequal intestate rules and judicial decisions. The inroads to be made in order to improve children right to parental property in this field of intestate rules are suggested including reform in this area of law. This study is limited to the applicability of codified intestate rules from patrilineal societies as provided under the Local Customary Law Declaration Order (NO. 4), GN 346/1963(to be referred as GN 436/63 to be referred as GN 436)

Implementing the electronic signature law in Tanzania – successes, challenges, and prospects

Abstract 
 In a bid to implement the Electronic Transactions Act 2015, Tanzania initiated the adoption of a National Public Key infrastructure (PKI) framework. However, the plan has not been executed as expected because of certain gaps and ambiguities in the laws. This article examines the existing laws providing for the legal validity, admissibility and enforceability of electronic signatures especially using PKI; identifies the weaknesses of the existing laws and recommends new laws relevant to PKI that should be considered, and their rationale. 
 Index words: Tanzania, electronic signature, PKI, cryptography, certification

The New Arbitration Law in Tanzania: An Appraisal of Its Salient Features and Implications for Investment Disputes Settlement

Preference for arbitration as an option for dispute settlement is steadily on the rise, partly because of its perceived efficacious proceedings and enforceability. In 2020, Tanzania enacted a new legislation on arbitration with a detailed and defined framework, cascading through the entire qualifying process of arbitrators, initiating the arbitration proceedings, enforcement and recognition of foreign arbitral awards. This article analyses the corpus of the new legislation, its pertinent structural features, the gaps, and future prospects. The analysis is predicated on the ramifications of the new arbitration law for investment dispute settlements, particularly, state versus investors disputes, as envisaged under the national investment legislation. It concludes by highlighting several aspects which need to be revisited, such as the independence of arbitrators, duty to refer disputes to arbitration, and determination of arbitration costs. Further, a case is made for amendment of the existing national investment legislation in respect of dispute settlement provisions in order to create a harmonious arbitration regime in Tanzania. Tanzania arbitration law, implications to investment disputes, enforcement of foreign arbitral awards

Interface Between Consumer Protection and Competition Law in Tanzania: Critical Areas of Cooperation and Conflict

Consumer protection law and competition law are interrelated, closely knitted, and cannot be dealt with in isolation of the other. The two branches of law are delicately intertwined and often overlap with each other and a critical assessment needs to be undertaken to fully understand and appreciate how the two laws interface with each other. These two laws have interfaced in many aspects including sharing a common purpose and their cardinal desire to promote and protect each other. It should be borne in mind that through such interface, the two branches of law either co-operate or at times conflict with each other. In interfacing, Competition and Consumer Protection laws have benefits that include realisation of a fully functioning market, an improved inflow of information, detection of anticompetitive practices, control of complicated products and services, and protection of consumers. However, the above interface has demerits. These include disincentives to invest by firms holding dominant positions, increase of “fly-by-night” operators and cropping up of unethical and criminal behaviours as firms compete with each other. To address the above demerits posed by the interface of the two branches of law, this article suggests that there should be close coordination and coherence of the two laws, use of economics based models and emphasis on consumer protection. Keywords: Consumer Protection Law, Competition Law, Cooperation, Conflicts, Tanzania.

Institutionalizing the fight against money laundering in Tanzania: the potential, limitations and challenges

PurposeThis paper aims to examine the authorities tasked to fight against money laundering in Tanzania and appraise the efficacy of the country’s anti-money institutional framework to tackle the problem.Design/methodology/approachThe paper draws on a qualitative research and data generated from the analysis of documentary materials. It surveys the anti-money laundering (AML) law in Tanzania to describe the legal and institutional frameworks for tackling money laundering. It explores law-related and non-law aspects to interrogate and appraise the efficacy of Tanzania’s AML law and authorities. The qualitative data were generated using the thematic content analysis technique.FindingsThe law in Tanzania establishes authorities and vests them with powers to combat money laundering. The authorities, which are part of Tanzania’s AML institutional framework, have been instrumental in combating money laundering. Nevertheless, several law-related and non-law factors emasculate the efficacy of the AML law and authorities in Tanzania. Some political and economic factors wear off the effectiveness of the country’s AML institutional framework. The transnational nature and complexity of money laundering overwhelm the capacity of the AML authorities in Tanzania.Practical implicationsThe paper provides useful insights on money laundering and the legal regime to counteract the scourge in Tanzania which sets up the country’s AML institutional framework. It raises some issues for researchers, policymakers and law enforcers who can re-examine the problem and revisit the law and re-evaluate authorities and propose measures that will enable the government to reinforce the country’s AML regime. The paper makes a case for the government to implement the reforms of the country’s AML policy, legal and institutional frameworks.Originality/valueThe paper investigates issues relating to money laundering and its control in Tanzania beyond the legal perspective to uncover limitations and challenges that emasculate the efficacy of the AML authorities in the Tanzanian context. The issues examined in this paper are not unique to Tanzania and, hence, have relevance to other jurisdictions in sub-Saharan Africa.

Protection of succession rights of the unborn child under customary law in Tanzania

Succession rights of the foetus in the mother’s womb conceived before the death of his father and born after the death of his father is a contentious matter in the contemporary law of succession and property law. Often individuals tend to ensure that their children are protected and catered for in their Last Will and Testaments. But what is the position when it comes to unborn children? Are they qualified to inherit? What is the position when there is no Last Will and Testament? In Tanzania, the position is not clearly and expressly provided in the customary law of succession. This study is centred on examining the customary law and succession rights accorded to unborn child in Tanzania. In this regard, the author finds that customary succession law applicable in Tanzania Mainland does not expressly recognize and or guarantee succession right of the foetus in the mother’s womb until is completely proceeded in a living state. The study recommends that if a person dies while his wife is pregnant, the distribution of estate should be postponed, if possible, till childbirth; otherwise, a share will be withheld for the child under the nominated guardian

The anti-money laundering law in Tanzania: whither the ongoing “war” against economic crimes?

PurposeThis paper aims to explore the evolution of the law for combating economic crimes including money laundering in Tanzania and explore the current developments in the anti-money laundering (AML) law and the ongoing fight against these crimes in Tanzania.Design/methodology/approachA desk-based review of documents on money laundering and its control in Tanzania was conducted. The paper presents qualitative data from the documentary sources. It applies the doctrinal legal research approach to examine, analyze and describe the AML law applicable in Tanzania. The paper uses the “law-in-context” research approach to explore some non-law aspects of money laundering in Tanzania and interrogate how the law addresses non-law dimensions of money laundering. Policy documents and media reports were analyzed. The thematic data analysis technique was applied, which involved identifying, describing and reporting issues according to the themes emerging from the data.FindingsThe AML law in Tanzania emerged from the law that was originally enacted to curb economic crimes. The law has evolved for some decades. Its evolution has been driven by domestic factors and foreign drivers which are political, economic and social in nature. The role of the AML law has been changing. Initially, the law was a tool for curbing economic crimes. Recently, the law has acquired a new role, namely, to facilitate the recovery of illicit funds and non-financial assets from offenders and enable the authorities in Tanzania to use those economic resources for developmental purposes.Research limitations/implicationsThe paper underscores the need for the Government of Tanzania to re-consider the broader implications involved in its current efforts to tackle economic crimes and money laundering. The balance between the implementation of the measures to combat money laundering and economic crimes in Tanzania and the importance of protecting rights of persons indicted with those offences should be struck. The AML law should be applied in such a way not to infringe the rights of the accused persons and not to throttle economic activities including the flow of legitimate foreign investments into Tanzania.Originality/valueThis paper generates insightful information to policymakers, law enforcers, regulators and other stakeholders who undertake activities to tackle money laundering and its control in Tanzania and researchers who study these issues for purposes of providing understanding of the problem and facilitating policy and legal reforms. The paper raises issues that can be explored further in future and contribute to the discourse on money laundering and its control in Tanzania.

Tackling money laundering in Tanzania: are private legal practitioners crime enablers or ineffectual and reluctant gatekeepers?

PurposeThis paper aims to examine the money laundering vulnerability of private legal practitioners in Tanzania, the involvement of these practitioners in money laundering activities and their role in preventing, detecting and thwarting money laundering and its predicate crimes.Design/methodology/approachThe paper applies the “black-letter” law research approach to describe, examine and analyze the anti-money laundering law in Tanzania. It also uses the “law-in-context” research approach to interrogate the anti-money laundering law and to provide an understanding of factors impacting on the efficacy and readiness of private legal practitioners in Tanzania to tackle money laundering. The review of literature and analysis of statutory instruments and case law, reports of the anti-money laundering authorities and agencies and media reports-generated data are used in this paper. This information was complemented by data from interviews of purposively selected private legal practitioners.FindingsPrivate legal practitioners in Tanzania are vulnerable to money laundering. There is an emerging evidence that indicates the involvement of some private legal practitioners in the commission of money laundering and/or its predicate crimes. The law designates the legal practitioners as reporting persons and imposes on the obligation to fight against money laundering. Law-related factors and practical challenges undermine the capacity of the legal practitioners to curb money laundering. Additionally, certain hostile perceptions contribute to the legal practitioners’ unwillingness, indifference or opposition against the fight against money laundering.Research limitations/implicationsThe paper underscores the need for Tanzania to reform its policy and legal frameworks to create enabling environment for anti-money laundering gatekeepers, including private legal practitioners to partake efficiently in the fight against money laundering. It also underlines the importance of incorporating the principles that govern the private legal practise to enable the practitioners to partake effectively in tackling money laundering.Originality/valueThis paper generates useful information to private legal practitioners, policy makers and academicians on issues relating to money laundering and its control in Tanzania and presents recommendations on possible policy and legal reforms that can be adopted and applied to augment the role of the legal practitioners in Tanzania to combat money laundering.

Witchcraft Accusation and the Challenges Related Thereto: Can South Africa Provide a Response to this Phenomenon Experienced in Tanzania?

Witchcraft accusation is among the cultural beliefs that infringe women’s rights in Tanzania. Women in Tanzania are disproportionately accused of witchcraft compared to their male counterparts. These beliefs have led to intimidation, psychological isolation, abuse, violence and in extreme cases the killing of women who are accused of witchcraft whenever a natural disaster befalls the community. This article examines the gender-based nature of witchcraft accusation and the conditions that have led to the vulnerability of women due to this practice in Tanzania. It also examines how the Tanzanian legal system has dealt with the challenges of witchcraft accusation to date. A reflection on the stance maintained by the South African Law Commission in addressing this problem is considered. This has been necessary to determine whether there are any practical solutions that may be emulated or adapted by the Tanzanian Reform Commission. The article concludes that it is the duty of the State, regardless of people’s political, economic and cultural beliefs, to protect all human rights and fundamental freedoms. The law in Tanzania should therefore be reformed to ensure that the gender-violence phenomenon is adequately addressed. It is also submitted that it is necessary for the law to address witchcraft accusation practices across the African continent.

Health, life and rights: a discourse analysis of a hybrid abortion regime in Tanzania

BackgroundUnsafe abortion continues to be a major hazard for maternal health in Sub-Saharan Africa, where abortion remains highly controversial and access to safe abortion services is unequally distributed. Although national abortion laws are central in indicating women’s potential for accessing safe abortion services, the character of an abortion law may alone say little about national discursive abortion landscapes and access scenarios. The article calls for the study and problematization of the relationship between legal abortion frameworks on the one hand, and discourses surrounding abortion on the other, in an attempt to move closer to an understanding of the complexity of factors that influence knowledge about and access to safer abortion services. With the restrictive abortion law in Tanzania as a starting point, the paper explores the ways in which the major global abortion discourses manifest themselves in the country and indicate potential implications of a hybrid abortion regime.MethodsThe study combined a review of major legal and policy documents on abortion, a review of publications on abortion in Tanzanian newspapers between 2000 and 2015 (300 articles), and 23 semi-structured qualitative interviews with representatives from central institutions and organizations engaged in policy- or practical work related to reproductive health.ResultsTanzania’s abortion law is highly restrictive, but the discursive abortion landscape is diverse and is made manifest through legal- and policy documents and legal- and policy related disputes. The discourses were characterized by diverse frames of reference based in religion, public health and in human rights-based values, and as such reflect the major global discourses. Fairclough’s concepts interdiscursivity and recontextualization were drawn upon to develop an understanding of how the concepts health, rights and life emerge across the discourses, but are employed in contrasting lines of argumentation in struggles for hegemony and legitimacy.Discussion and conclusionsThe paper demonstrates that a hybrid discursive regime relating to abortion characterizes the legally restrictive abortion context of Tanzania. We argue that such a complex discursive landscape, which cuts across the restrictive - liberal divide, generates an environment that seems to open avenues for enhanced access to abortion related knowledge and services.

Criminal Procedure Law in Tanzania

Criminal procedure law entails a frame work of laws and rules that govern the administration of justice in cases involving individuals accused of committing crimes. The procedure begins with the initial investigation of the crime and concluded with either unconditional release of the accused by the virtual of the acquittal or by imposition of s term of punishment pursuant to conviction for the crime.

The Next Age of Public Procurement Reforms in Tanzania: Looking for the Best Value for Money

The public procurement reforms wave in developing countries which began in 1990s did not place value for money objective at its core. Moved by pressures of international trade liberalization and international anti-corruption agenda, Tanzania began the first major reform steps in 1992, and the major recent outcomes are the Public Procurement Act (PPA) 2011 and its 2013 regulations (PPR 2013). The PPA 2011 and PPR 2013 together form the main framework of public procurement law in Tanzania. Modeled after the UCITRAL procurement model law 1994 with little customizations from the model law's 2011 revision, the Tanzania procurement system is mostly decentralized, based on a rigid traditional competitive tendering principle, centralizes most of the decision making authorities to committees, and establishes a multi-function central regulatory body. After more than a decade since the first reform-based legislation, new challenges still surround the public procurement system in the country as is the case for most of the developing economies. While the rigid procurement system has not eradicated corruption in the sector either, there is another equally big and harmful challenge associated with the current procurement system - which is failure of the government to achieve value for money in public sector projects and operations. With this challenge at a core, this paper appraises the Tanzania public procurement law and proposes taking next major reforms by redefining the public procurement main policy goal, objectives, principles and procedures in a way that enables the government to obtain the best value for money in terms of economy, efficiency and effectiveness, along with enhancing system integrity.

THE STATE OF INTERNATIONAL COMMERCIAL ARBITRATION IN TANZANIA: A COMPARATIVE CRITIQUE AND CALL FOR THE REFORM

This article explores the state of international commercial arbitration law in Tanzania. The Article analyses whether the current legal regime is up to date and in accordance with UNCITRAL Model law perimeters. It is submitted that, for Tanzania to become a regional commercial hub there is a need to ensure that its dispute settlement system meets international standards. One crucial branch of law which needs benchmarking is the arbitration law regime. The article concludes that only after benchmarking its laws to that level will Tanzania not be able to compete commercially with the neighbouring countries of Kenya, Uganda and other countries of the world which have already updated their laws.

Land as a Human Right: A History of Land Law and Practice in Tanzania. Abdon Rwegasira. Dar es Salaam, Mkuki na Nyota, 2012. xxv + 412 pp. Paperback £34.95, ISBN 978-9987-08-152-3

in any other country in the world, the History of Land Law in Tanzania, especially, has been evolving along the axis of So Advocate Rwegasira contends in this important contribution to Tanzanian land law scholarship. As a book intended primarily for university law students, the author presents an historical analysis of land law in Tanzania from the pre-colonial period to the present, with detailed discussion of land law principles and precedent. However, this book stands apart from the conventional historical or black letter land law textbook. Drawing upon the works of established Tanzanian land law and rights scholars, the author conceptualises the history of land law in Tanzania as a history of struggles between the landed and landless over competing land rights. This leads him to adopt his own human rights to the study of Tanzanian land law. His approach reflects upon this history of landed struggles and considers the ways in which rights principles have been interpreted in seminal cases involving the landless or marginalised. He further analyses key developments in Tanzanian law where rights and accompanying duties have been enshrined to protect the land rights of vulnerable social groups.

Human Rights and the Rule of Law in Tanzania

The paper generally intends to examine the practical implementation of the rule of law in Tanzania with regards to human rights concern.

Work-related road traffic injuries in Tanzania: evidence for improving workers compensation law in developing countries

BackgroundWork-related road traffic injuries represent a considerable burden to society, affecting people in the most productive years of their lives. Severe work-related injuries and the resulting adverse socio-economic impacts, represent...

Witchcraft and the law in Tanzania

Witchcraft is a topical subject and an intriguing phenomenon in Africa. Thriving on belief systems it baffles and confronts ruling elites with dilemmas on how to deal with it. Tanzania experiences grim consequences by the entrenchment of witchcraft in the country including social exclusion, expulsion and even murder of alleged witches. The legal system copes inadequately with the challenges of witchcraft because it does not accept the reality of witchcraft and the colonial inherited law is a blunt instrument in dealing with the problem. This article charts the history of the law on witchcraft in Tanzania and concludes that witchcraft beliefs are too strong to be driven out by legal methods and instead advocates for the removal of ignorance by introducing a scientific view of the world through [mass] education. Key words: Witchcraft, bewitching, Tanzania, ordinance, law, commission.

Records Management and Access to Information: Key to Fostering Accountability, Good Governance and Protection of Human Rights in Tanzania

This article discusses the role of records in fostering accountability,good governance and the protection of human rights. The articleaddresses the inter-relationships between recordkeeping, accountability,good governance and the protection of human rights. It exploresthe issues of access to information contained in records and its role inthe protection of human rights. The article also underscores the roleof records management in the implementation of public servicereform programmes in Tanzania and the role of the National Archivesof Tanzania in promoting public accountability. The article noted thatthe absence of a records management policy and an access toinformation law in Tanzania has affected the records managementpractices and access to information. The article also established thatdue to lack of an access to information law, Tanzanian governmentministries, and departments do not feel legally obliged to give citizensaccess to the vital information they hold. The article proposes a wayforward which includes strengthening the records management practices,promotion of access to information laws and training of recordsmanagement staff in the public service in Tanzania.

STATUTE NOTE

During the 1980s and 1990s there were two major changes to forest management objectives in Tanzania. Firstly, it was recognized that some of the forests, notably those on mountains in the east of the country and the coastal plain, are exceptionally rich in species of restricted distribution. Recent analysis has even placed these forests amongst the most important biodiversity hotspots world-wide. Secondly, there was a recognition that communities needed to be much more involved in forest management. The Forest Act, 2002, which replaces the 1957 Forest Ordinance, tackles both of these objectives and introduces some new concepts of forest ownership. Moreover it makes arrangements for establishing a fund that promotes protection of biodiversity and sustainable development of forest resources. This note first briefly reviews the history of forest law in Tanzania and then discusses innovations introduced by the 2002 Act.

Life-Cycle Hypothesis of Savings: Empirical Evidence from Rural Households in Tanzania

A number of studies have explored the empirical relevance of the Engel's law by using household budget surveys in developed and developing countries. This article presents an empirical evidence on the applicability of the Engel's law in Tanzania. The analysis is based on a micro-survey data of peasant households in Northern Tanzania. Both statistical and econometric analyses demonstrate that household size and income significantly and positively determine expenditure on food and some other consumption items, depending on the area of the study. The age of the household is established to have no significant influence on expenditure on food, but only on other consumption items investigated. The study has also established that education has no significant influence on any expenditure items of the sampled households.