Tuesday, August 16, 2011

Legal Framework Of The Tourism Industry


FIRST DRAFT OF A Discussion Paper On The Legal Framework Of The Tourism Industry



The Law Reform Commission Act, 1980, established the Law Reform Commission. Under that law the commission is mandated to take and keep under review all the law of the United Republic of Tanzania with a view to its systematic development and reform. 


http://www.lrct.go.tz/documents/tourismdiscus.pdf

“CRIMINAL LAW AS A VEHICLE FOR THE PROTECTION OF THE RIGHT TO PERSONAL INTEGRITY, DIGNITY AND LIBERTY OF WOMEN”

Violence against women in all its manifestations, from wife battery, rape, incest, sexual  harassment, sexual slavery, defilement of young girls, indecent assaults, abductions kidnapings for sexual purposes and kindred offences  are basic Human Rights Violations.  These abuses occur in every nation and are found at workplaces, streets, refugee camps, learning institutions and the homes.

Updated flow of justice


Contents
Abbreviations………………………………………………………………………..2                                            
List of Cases…….…………………………………………………………………..3
List of Legislation ……………………………………………………………….4
CHAPTER ONE
1.0 INTRODUCTION………………………………………………………….5
1.1    MANDATE
2.0 CHAPTER TWO
 2.1 CURRENT STATE OF THE LAW………………………………..9
 2.2 POLICE FORCE (CRIMINAL PROCEDURE ACT)……………15
 2.3 THE POLICE FORCE ORDINANCE, CAP, 322………………..17
 2.4 POLICE GENERAL ORDERS…………………………………...21
 2.5 PRISONS ACT 1967……………………………………………...21
 2.6 PRISONS STANDING ORDERS,………………………………...25
 2.7  PROBATION OF OFFENDERS ORDINANCE,CAP 247…………………25
2.8 THE WARD TRIBUNAL ACT NO.7 1985………………………25
            2.9 MAGISTRATES COURTS ACT, 1984…………………………...27
 2.10 THE PAROLE BOARDS ACT, 1994……………………………..31
 2.11 ADVOCATES ORDINANCE,1955…………………………………….33
 
3.0      CHAPTER THREE
           3.1      COMPARATIVE STUDY…………………………………………..38
3.2 ALTERNATIVE CRIMINAL CHARGE RESOLUTION ……….  50
 3.3 COURT PROCESS AND PRACTICE……………………………. 52
4.0       CHAPTER FOUR
RESEARCH FINDINGS……………………………………………………65
5.0 CHAPTER FIVE
5.1 CONCLUSION AND RECOMMENDATIONS…………………………..86


http://www.lrct.go.tz/documents/updated_flow_of_justice_makobachi.pdf

Law Reform Commission of Tanzania


Law Reform Commission of Tanzania is delighted, and indeed honoured to welcome you all to its website. In this site you will be able to find out all that you may wish to know about the Commission.

Law Reform Commission of Tanzania traces its inspirational background to the landmark Judicial System Review Commission now nostalgically referred to as the Msekwa Commission. In its report filed in 1977, the Msekwa Commission underscored the need for on the need to keep the laws of Tanzania constantly attuned to the changing Tanzanian society. No law, Msekwa Commission pointed out, which is not constantly nourished with new ideas, can be an effective instrument for revolutionary change in any society. Such a law will sooner than later become a mere irrelevance to society.

THE CIVIL PROCEDURE CODE, 1966

Civil Procedure Code, 1966. No. 49. 8. 28. Service where defendant resides in a neighouring territory. 29. Service where defendant resides outside Tanzania

http://www.parliament.go.tz/polis/pams/docs/49-1966.pdf

Monday, August 15, 2011

Agricultural Tax Laws in Tanzania


Agricultural taxation in Tanzania is a potential area of barriers to trade, if not well planned. To promote agriculture, the government starting from 2000 has been attempting a number of tax incentives that aim at creating conducive investment environment in the agricultural sector and thereby enhancing productivity of smallholder farmers. In 2002 the government abolished development levy.
The tax regime which was put in place between 2003 and 2005 aimed also at implementing the Poverty Reduction Strategy. It includes the following:

(i) The Income Tax Act, 2004

The Act allows full deduction in the first year of income of costs incurred in course of:-

•     Clearing of farming land, excavation of irrigation canals, cultivation of perennial crops and planting trees for farming land to prevent soil erosion.
•     Costs incurred in the course of environmental conservation for farming land, animal husbandry, fish farming or restoration of the land to normalcy after use are immediately deductible in assessing taxable income.
        Research and farming land development expenditures are also immediately deductible for income tax purposes.

Tanzania’s Tax Exemptions:

Every year the Parliament of Tanzania carefully scrui nizes the Government’s budget. Tax exempi ons, on the other hand, do not receive the same at eni on in the Parliament, eff eci vely making them hidden expenditures. Tax exempi ons involve very large sums of money. In 2009/10 alone, 2.3 percent of GDP or TZS 695 billion was granted in tax exempi ons. The sheer size of the amount involved raises quesi ons about the purpose these incentives serve and whether the amounts spent on them are jusified.


http://www.uwazi.org/uploads/files/Tanzania%20Tax%20exemptions.pdf

Weak tax laws cost Tanzania $133m


ARUSHA -Tanzania's old weak taxation laws in the mineral sector resulted into a loss of a total of $132.5m, according to a financial audit carried out recently. 
The taxation laws are in the Tanzania Mining Act of 1998 which has several shortfalls such as denying Members of Parliament access to information that would enable them engage pro-actively with the investor's in the mining sector.

The report seen by East African Business Week says the taxation regime in Tanzania was determined by the 1998 Mining Act, the National Investment Promotion and Protection Act 1990, the Investment Act 1997, the Tax Act of 1973 and its amendment namely Finance Act 1992. It says that these laws pegged royalty rate of only 3% on gold and gemstones and 5% on diamond. 

THE MINING ACT, 2010


An Act to re-enact with substantial amendments the provisions that regulate the law relating to prospecting for minerals, mining, processing and dealing in minerals, to granting, renewal and termination of mineral rights, payment of royalties, fees and other charges and any other relevant matters.


http://www.parliament.go.tz/Polis/PAMS/Docs/14-2010.pdf

Sunday, August 14, 2011

THE NATIONAL ENERGY POLICY - Tanzania


Tanzania's energy demand and end-use pattern is characteristic of a ..... the supply of petroleum products' and limiting their consumption through legislation and ...

http://www.tzonline.org/pdf/theenergypolicyoftanzania.pdf

Law of marriage Case Laws


THE TANZANIAN LAW OF MARRIAGE ACT

The term marriage refers to an agreement by which a man and a woman enter into a relationship with each other and which creates and imposes mutual rights and duties (N.V. Lowe & G. Douglas. Bromley’s Family Law 9th ).
Marriage is the voluntary union for life of one man to one woman to the exclusion of all others (S.M. Cretney, et al Principals of Family Law)

In Hyde v. Hyde (1866 LRIP & D 130, 133), it was stated that marriage is the voluntary union for life of one man and one woman to the exclusion of the others.

In Ahmmed Said Kidevu v. Sharifa Shamte (1989 TLR 148) Maina , J. Observed that marriage is the voluntary union of a  man and a woman and it is contracted with the consent of the parties.

The provision of s.9 of the Law of Marriage Act, Act No.5 of 1971(Cap, 29 R.E.2002) defines the term marriage as the voluntary union of a man and a woman intending to last for their joint lives.

Generally marriage can be defined as a contract between a man and a woman that contracted with their free consent with the intention of living together for the whole of their lives.

The Law of Marriage in Tanzania is originated from the colonialists. In Tanzania by then Tanganyika, the British introduced the Tanganyika Order in Council (T.OC.) of 1920 that introduced the application of Customary Laws and the enactment of the Judicature and Application of Laws Act (JALA) (Cap, 358 R.E.2002) by then The Judicature and Application of Laws Ordinance (JALO).This provided for the application of Islamic and customary laws in marriage matters in the country.

Law of Marriage No. 5 OF 1971


An Act to regulate the law relating to marriage, personal and property rights as between husband and wife, separation, divorce and other matrimonial reliefs and other matters connected therewith and incidental thereto



http://www.tanzanet.org/downloads/laws/the_law_of_marriage_act_1971_(5_1971).pdf

THE TANZANIAN LAND ACTS, 1999:


THE TANZANIAN LAND ACTS, 1999:
AN ANALYSIS OF THE ANALYSES

Robin Palmer
Land Policy Adviser, Africa
Oxfam GB

March 1999

Introduction
On 11 February 1999 the Tanzanian Parliament passed The Land Act, 1999 and The Village Land Act, 1999.

The first deals with general land, including urban areas and private estates outside the customary sector, and is fairly complex; the second deals with village lands and is generally more straightforward. At one stage of the drafting process, the two bills were combined. They were later divided into two for greater digestibility, but they form part of a whole and should be seen and interpreted together.

Among those interpreting the Acts in recent articles are Issa Shivji, Liz Wily and the Ministry of Lands, in the form of Stella Longway, the Commissioner of Lands, and Fidelis Mutakyamilwa, Legal Officer, Land Development Services in the Ministry.
Their articles are listed in an appendix at the end.

Issa has written two submissions to a parliamentary committee, a workshop address and a newspaper article; Liz a presentation to district officials and an analysis for donors; the Ministry a paper for a DFID workshop on land tenure in sub-Saharan Africa. All are in effect analyses of the new Acts, though both Liz (whose papers were written last November) and Issa acknowledge that because there were changes in the Acts at the last minute, their comments will need to be revised to take account of this. What they have written are thus only preliminary assessments.

Because of that, I have just attempted here to sketch the highlights rather than go into any great detail.

It is important to be aware that the new Acts will not come into force until they have been translated into Kiswahili and gazetted. It view of the facts that, taken together, they are very long and extremely complex, the meaning is unclear in some places, and they will therefore not be easy to translate, this could take a considerable period of time.

Liz Wily stresses that the two laws will provide what is in effect a body of new basic land law for mainland Tanzania with a new regime for the holding of rights in land and for controlling and managing land tenure. Eleven existing laws will be repealed by the Acts and six others amended.

She notes with approval that ‘provision is made for the law to be under constant review and that amendments are routinely anticipated.’

Engaging with the Ministry?

Tanzanian nationality law


Tanzanian nationality law is the law which deals with citizenship and other forms of nationality. A Tanzanian Citizen is anyone who is in possession of citizenship to the United Republic of Tanzania. Nationality law is mentioned in the Constitution of Tanzania.
The citizenship law was first implemented after independence in 1961, and amended in 1964 whenTanganyika and Zanzibar united to form Tanzania.

Lawyers, Attorneys in Tanzania


Tanzania Lawyers


The list of attorneys in Tanzania

Human Rights


The Tanzanian Government's human rights record was poor in 2001; while there were improvements in a few areas, there continued to be serious problems, particularly in Zanzibar. Citizens' right to change their government in Zanzibar was circumscribed severely by abuses of and limitations on civil liberties in 2000; however, the Government engaged in a dialog with the opposition in order to ensure a more open and transparent process for the next elections. On October 10, the Government and the CUF agreed to establish a joint commission to investigate reported abuses committed in January in Zanzibar. Police killed several persons, and members of the police regularly threatened, mistreated, or occasionally beat suspected criminals during and after their apprehension and interrogation. There were reports that police used torture in Zanzibar. Prison conditions throughout the country remained harsh and life threatening. Arbitrary arrest and detention and prolonged detention remained problems. Police harassment of members and supporters of the political opposition declined significantly following the October reconciliation agreement between the Government and the opposition. The inefficient and corrupt judicial system often did not provide expeditious and fair trials. Pervasive corruption continued to have a broad impact on human rights. The Government infringed on citizens' privacy rights and limited freedom of speech and of the press, and freedom of assembly and association. The Government declared that four government and party officials were noncitizens and therefore no longer could retain their positions. Police used excessive force to disperse demonstrations in Zanzibar and Dar es Salaam in January, which resulted in numerous deaths and injuries; more than 2,000 persons were displaced. In the western part of the country, there remained significant resentment and hostility directed against the refugee population; however, there was some improvement in relations due to government and donor outreach efforts with the local population. In previous years, the Government obstructed the formation of domestic human rights groups; however, there were no reports that this occurred during the year. The Government approved a bill to establish a Human Rights Commission; however, the Commission was not established until late in the year, and it did not hear any cases by year's end. The Government created the Tanzania Parliamentarians AIDS Coalition (TAPAC) during the year to address discrimination against persons infected with HIV/AIDS in the country. Violence and discrimination against women and female genital mutilation (FGM) remained serious problems. Women and girls in refugee camps suffered a high level of rape and abuse. Abuse of children and child prostitution were problems. The Government continued to infringe on workers' rights, and child labor persisted. The Government ratified International Labour Organization (ILO) Convention 182 on the worst forms of child labor during the year. Mob justice remained severe and widespread.
Source: U.S. Department of State

Courts & Judgments


Tanzania has a five-level judiciary combining the jurisdictions of tribal, Islamic, and British common law. Christians are governed by customary or statutory law in both civil and criminal matters. Muslims may apply either customary law or Islamic law in civil matters. Appeal is from the primary courts through the district courts, resident magistrate courts, to the high courts, and Court of Appeals. Judges are appointed by the Chief Justice, except those for the Court of Appeals and the High Court who are appointed by the president. Advocates defend clients in all courts, except in primary courts. There is no trial by jury.

The law also provides for commercial courts, land tribunals, housing tribunals, and military tribunals. However, military tribunals have not been used in the country since its independence. Military courts do not try civilians, and there are no security courts. Defendants in civil and military courts may appeal decisions to the High Court and Court of Appeal. In refugee camps, Burundian mediation councils called abashingatahe, comprised of male refugee elders, often handle domestic abuse cases of Burundian refugees even though the law does not allow these councils to hear criminal matters.

Zanzibar's court system generally parallels that of the mainland but retains Islamic courts to adjudicate Muslim family cases such as divorce, child custody, and inheritance. Islamic courts only adjudicate cases involving Muslims. Cases concerning Zanzibar constitutional issues are heard only in Zanzibar's courts. All other cases may be appealed to the national Court of Appeal.

Source: U.S. Department of State

Constitution, Government & Legislation


Tanzania's president and National Assembly members are elected oncurrently by direct popular vote for 5-year terms. The president appoints a prime minister who serves as the government's leader in the National Assembly. The president also selects his cabinet from among National Assembly members. Elections for president and all National Assembly seats will be held in October 2000.

The unicameral National Assembly elected in 1995 has 275 members, 232 of whom are from the mainland and Zanzibar. There are 37 appointed seats for women, and each political party receives a proportion of appointed seats commensurate with the number of constituency seats won. Also, five members are elected by the Zanzibar House of Representatives to participate in the National Assembly. At present, the ruling CCM holds about 80% of the seats in the Assembly. Laws passed by the National Assembly are valid for Zanzibar only in specifically designated union matters.

Zanzibar's House of Representatives has jurisdiction over all nonunion matters. There are currently 76 members in the House of Representatives in Zanzibar, including 50 elected by the people, 10 appointed by the president of Zanzibar, 5 exofficio members, 10 women appointed by political parties commensurate with constituency seats won, and an attorney general appointed by the president. Zanzibar's House of Representatives can make laws for Zanzibar without the approval of the union government. The terms of office for Zanzibar's president and House of Representatives also are 5 years. The semiautonomous relationship between Zanzibar and the union is a relatively unique system of government.

For administrative purposes, Tanzania is divided into 25 regions--20 on the mainland, 3 on Zanzibar, and 2 on Pemba. Ninety-nine district councils have been to further increase local authority. Of the 99 councils operating in 86 districts,19 are urban and 80 are rural. The 19 urban units are classified further as city (Dar es Salaam), municipal (Arusha, Dodoma, Tanga), and town councils (the remaining 15 communities).
Source: U.S. Department of State

DRAFT Tanzania Environmental Protection Act

Lawyers� Environmental Action Team (LEAT) together with other Tanzanian environmental civil society organizations, famously known as, the Environmental Coalition of Civil Society Organizations (ECO) for the last six years have been campaigning for the enactment of a framework environmental legislation in Tanzania. This is because Tanzania is the only East African country without a framework environmental law despite of its unrivalled natural resources, breathtaking attractions and a population of more than 35 Million people. The lack of this law has led to wanton degradation of the environment, mismanagement of natural resources, inaction, conflicting mandates and institutional rivalries of various government departments and agencies charged with management of different spheres of the environment.


LEAT and ECO�s campaign has borne fruit because the Tanzanian government has at last accepted the need of the enacting of this law. It has hired the Experts to start drafting the environmental law. LEAT and ECO see that they have a big role to play and compliment the government efforts in ensuring that the law, to be promulgated, is enacted in a participatory manner. Not only that, that it comprises international accepted essential environmental management and protection principles, it establishes a strong environmental enforcing agency and guarantee the right live in a clean and healthy environment together with the duty and standing to enforce the law . To this end LEAT and ECO have drafted the Elements of a Bill For Tanzanian Environmental Protection Act for the purposes of stimulating wider public discussion as to how the Tanzanian environmental legislation should look like. LEAT and ECO will be holding a national workshop to discuss this Draft on the 3-5th September 2003 in Arusha. More than 65 participants comprising Members of Parliament, Government officials, Academia, Media, and Environmental Civil Society Organizations are expected to attend.
Readers are encouraged to read this draft and send their views to ECO and LEAT via this email address: leat@mediapost.co.tz or Fax Number: 255-22-2780859. Views and comments should reach us before the 2nd of September 2003.

Law and Order Tanzania


Constitutional Law
Constitution of the United Republic of Tanzania
Constitution of the United Republic of Tanzania
Constitution of the United Republic of Tanzania

Litigation And Court Procedure
Office of the Attorney General (Discharge of Duties) Act, 2005
The Advocates Act, Ch 341
The Appellate Jurisdiction (Amendment) Act, 1993 - (Act No. 17/93)
The Courts (Land Disputes Settlements) Act, 2002
The Judges (Remuneration and Terminal Benefits) Act, 2007 (Act No. 16/07)
The Judges (Remuneration and Terminal Benefits) Act, 2007 (Act No. 16/07)
The Judicial Service Act, 2005 (Act No. 2/05)
The Judicial Service Act, 2005 (Act No. 2/05)
The Magistrates' Courts Act, 1984
The National Prosecutions Service Act, 2008 (Act No. 27/08)
The Parliamentary Immunities, Power and Privileges (amendment) Act, 2004
The Permanent Labour Tribunal (Amendment) Act, 1990 - (Act No. 3/90)
The Tanganyika Law Society Act , Ch 307
The Ward Tribunals Act, 1985

Electoral Law
Act to amend the Local Authorities (Elections) Act, ,1979
Elections Act 1985
Local Authorities Elections Act
The Election Expenses Act, 2010 
The Electoral Laws (Miscellaneous Amendments) Act, 2004
The Electoral Laws (Miscellaneous Amendments) Act, 2005 (Act No. 3/05)
The Political Parties (Amendment) Act, 2009
The Political Parties Act 2002

Administrative / Public Law
An Act to Amend certain written Laws act, 2003
Civil Service Act, 1989

Legal History:


The Bantu ancestors of the majority of current-day Tanzania's population settled in the region in approximately 500 CE. Arab settlers in the coastal regions introduced Islam to the region in the 9th and 10th centuries. European interest in the region began to increase with Portuguese explorers arriving in the region in the late 15th century, although the Portuguese never established settlements in Tanzania. In the late 19th century, Germany gained increasing control over the area from the coast inland to Ruanda and Urundi, establishing the Protectorate of German East Africa. Soon after in 1890, the islands of Zanzibar and Pemba were declared a British Protectorate. Following World War I, the League of Nations extended the British mandate to Tanganyika, while other parts of German East Africa (Rwanda and Burundi) were placed under a Belgian protectorate. A legislative council was established in 1926 and Tanganyika became a UN trust territory in 1946. The legislative council was expanded over the next decade in order to provide equal representation to Africans, Asians and Europeans. The Tanganyikan African National Union (TANU) established by Julius Nyerere in 1954 began calling for increasing African representation and by the late 1950s for full independence. TANU's appeal was clear from elections held in 1958 and 1960, and Tanganyika achieved its independence in December 1961, becoming a republic one year later. Zanzibar achieved independence in 1963, and the Sultan was overthrown the following year. The two states unified in April 1964 to form the United Republic of Tanzania. Both independent states had a single-party system and the two parties eventually merged to form the Chama Cha Mapinduzi (CCM). Under increasing internal and international pressure, the Tanzanian government introduced constitutional reforms permitting the establishment of opposition parties in 1992.

Law of Marriage


Judicature and Applications of Laws Ordinance (Cap. 453)
Non-Christian Asiatic (Succession) Ordinance 1923
Civil Code
Code of Civil Procedure 1966
Law of Marriage Act 1971
also:
Waqf Law 1946 [Note: above legislation only applicable to Tanganyika and not to Zanzibar]


Marriage Age: under Marriage Act 1971 minimum age is 18 for males and 15 for females; courts may permit underage marriage of parties who have reached 14 years of age if specific circumstances make marriage appear desirable; Penal Code provides that persons of "African or Asiatic descent" may marry or permit marriage of girl under 12 years of age in accordance with their custom or religion if marriage is not intended to be consummated before she attains 12 years

Marriage Guardianship: Marriage Act 1971 provides that valid marriage requires free consent of marrying parties; guardian's consent not required for parties who have attained 18 years

Marriage Registration: obligatory; non-registration punishable by fine although does not render marriage void; provision for licensing of religious functionaries as marriage registrars

Legal System/History

Tanganyika formed German East Africa Protectorate in late 19th century, under British Mandate after WWI, and then UN trusteeship from 1946. Zanzibar under British protectorate from1890. Tanganyika and Zanzibar achieved independence in 1961 and 1963, respectively, and unified to form United Republic of Tanzania in April 1964. Two units have separate legislative, executive and judicial institutions. Personal status law comes under areas defined as "non-union", thus Marriage Act applying in mainland Tanzania not applicable in Zanzibar. Prior to 1971, Muslims, Christian, Hindu and customary laws governed marriage and divorce, in addition to civil marriage regime. Uniform Marriage Act passed into law in Tanganyika in 1971, integrating existing marriage laws while preserving right to religious solemnisation and option of polygamy.

Guide to Tanzanian Legal System and Legal Research




By Bahame Tom Nyanduga and Christabel Manning

Bahame Tom Nyanduga* is Advocate of the High Court of Tanzania, and had been the President of the East Africa Law Society between October 2004 - October 2006. The main research for this compilation has been conducted by Ms. Christabel Manning, LL.B, a graduate of the University of Dar Es Salaam currently working in the Legal Department at KPMG (T) Limited and a member of the Tanzania Women Lawyers Association-TAWLA.

Published November 2006
Read the Update!

Table of Contents
                  Constitution
                  Statutes
                  Case Law
                  Received Laws
                  Customary and Islamic Laws
                  International Law (Treaties and Conventions)
                  The Executive
                  The Legislature
                                    Judicial System of Mainland Tanzania
                                    Judicial System of the Revolutionary Government of Zanzibar
                  Case Law
                  Online Resources
                  Secondary Sources


Introduction

The United Republic of Tanzania is situated on the eastern seaboard of the African continent, about one degree south of the Equator. Its eastern border is the Indian Ocean, it shares its northern border with the Republic of Kenya and Uganda, and to the West it borders the Democratic Republic of the Congo, the Republic of Rwanda and the Republic of Burundi. The Republic of Zambia and the Republic of Malawi share its borders on the southwest, while in the South it shares a border with Mozambique; it is the union of two historical countries, Tanganyika and Zanzibar.

General Sources



Legal Guides



Legislative


Constitution of the United Republic of Tanzania

http://www.tanzania.go.tz/constitution.html

Constitution (Tanzania Government) provides options to both English and Kiswahili PDF versions