Tanzania lag on privacy law

It is sad to concede that in Tanzania there is no comprehensive privacy legislation.  While ICT has stormed Tanzania and the citizens are deploying ICT in everyday life the framework for privacy protection in these emerging technologies is not known.

Of course this does not mean that right to privacy is not recognized in Tanzania. The United Republic of Tanzania (URT) Constitution of 1977 as amended form time to times defines privacy as follows:

‘…Every person is entitled to respect and protection of his person, the privacy of his own person, his family and of his matrimonial life, and respect and protection of his residence and private communications…’

Article 16(2) goes further stipulating   that:

‘…For the purpose of preserving the person’s right in accordance with this Article, the state authority shall lay down legal procedures regarding the circumstances, manner and extent to which the right to privacy, security of his person, his property and residence may be encroached upon without prejudice to the provisions of this Article…’

Article 16(1) and (2) of United Republic of Tanzania Constitution of 1977 as amended form time to time provides for right to privacy.  Article 16(2) of URT constitution provides for possibility of other laws to encroach the right to privacy. The said article stipulates clearly that the law maker will enact law to stipulate how privacy right may be protected, pursued or encroached by government agents.Unfortunately this requirement has not been put into implementation.

TANZANIAN WOMEN AND ACCESS TO LAW

The case of Kilimanjaro. Mount Kilimanjaro, Tanzania. Aginatha Rutazaa ( Program Officer, KWIECO Moshi) ...

http://www.sanford.duke.edu/centers/civil/papers/rutazaa.pdf

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

Introduction

Sources of Law

                  Constitution

                  Statutes

                  Case Law

                  Received Laws

                  Customary and Islamic Laws

                  International Law (Treaties and Conventions)

Government Structure

                  The Executive

                  The Legislature

The Judiciary

                                    Judicial System of Mainland Tanzania

                                    Judicial System of the Revolutionary Government of Zanzibar

Locating Legal Materials

                  Case Law

                  Online Resources

                  Secondary Sources

Legal Education

Legal Profession

GENDER EQUALITY AND SOCIAL INSTITUTIONS IN Tanzania

The Constitution of Tanzania prohibits gender-based discrimination but the country’s legislation has yet to be adjusted to support this principle. In general, legal protection for women remains limited, in part because Tanzania’s judicial authorities take into account both customary and Islamic Sharia laws.

Tanzania is a multicultural society, comprising a variety of ethnic groups and different religions. Traditional views of the role and place of women still dominate, yet married women often face the greatest degree of discrimination. There is some evidence that public debate on these issues is on the rise.

Tanzania passes landmark Law of the Child

Tanzania's new Law of the Child says that all children have the right to a name and nationality. Currently less than 10 per cent of the country's children have birth certificates.

In the run-up to 20 November 2009, the 20th anniversary of the Convention on the Rights of the Child, UNICEF is featuring a series of stories about this landmark international agreement on the basic human rights of all children – including progress made and challenges that remain. Here is one of those stories.

TANZANIAN WOMEN AND ACCESS TO LAW

The rights and opportunities to access the law and justice in Tanzania-Kilimanjaro ... to ensure women rights are guaranteed under the Tanzania Law?

http://sanford.duke.edu/centers/civil/papers/rutazaa.pdf

CHAPTER 212 THE COMPANIES ACT

An Act to regulate trading companies and other associations, to impose tax on nominal capital, to regulate dividends and surpluses, and to provide for related matters.

Read more:

Tanzania law resource page with links to Tanzania law, Tanzania law schools, Tanzania legal research, Tanzania legislative bodies, and more.

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Tanzania Law

• The United Republic of Tanzania
  Official online gateway of the United Republic of Tanzania. In English and Kiswahili.
• The United Republic of Tanzania
  The Government website. In English.
• Republic of Tanzania
  From the Law Library of Congress. "The Guide to Law Online is an annotated compendium of sources accessible through the Internet. Links provide access to primary documents, legal commentary," and much more.
• Tanzania Company Law
  From Tanzania High Commission - London.

Constitution

• Constitution
  In English and Kiswahili.

Law Firms

• Law Firms
  HierosGamos. Select by City or Practice Area.

Legislature

• Cabinet
• National Assembly
  From Tanzania High Commission - London.

Organizations

• Law Reform Commission of Tanzania

Tanzania opposition chief surrenders after demo

A Tanzanian opposition leader surrendered to police Wednesday after leading a protest calling for the release of one its members and the resignation of President Jakaya Kikwete.

Freeman Mbowe, who heads the CHADEMA party, and scores of supporters staged a demonstration Monday in the country's northern town of Arusha demanding the release of one of its officials and that Kikwete steps down.

The party accuses the president of using security forces to disrupt its activities.
"He has turned himself in to police," party spokesman Erasto Tumbo told AFP, adding that Mbowe preferred being detained as a sign of protest against the arrests.

JUGDEMENTS OF AMATUS LIYUMBA

IN THE RESIDENT MAGISTRATE’S COURT OF DAR ES SALAAM
AT KISUTU
CRIMINAL CASE NO 105 OF 2009

REPUBLIC

VERSUS

AMATUS JOACHIM LIYUMBA



JUDGMENT OF THE COURT

BEFORE : - L.M. MLACHA, PRM B.B. MWINGWA, SRM

AMATUS JOACHIM LIYUMBA, the accused person was referred to this court with a charge with two counts. The first count has a charge of Abuse of office c/s 96(1) of the Penal Code (Cap 16 of R.E., 2002). The second count has a charge of occasioning loss to a specified Authority c/s 284 A (1) of the Penal Code (Cap 16 RE 2002). At the closure of the prosecution case, the accused was seen as having no case to answer on the second count.


He was seen as having a case to answer on the first count and was put to his defence.The particulars attached to the first count were that, Amatus Joachim Liyumba, on diverse dates between the year 2001 and 2006, within the City and Region of Dar es Salaam, being a person employed in Public service, serving in his official capacity as Director of Personnel and Administration with the Bank of Tanzania, did abuse the authority of his office by arbitrarily undertaking major decisions in the construction project of the Bank of Tanzania Christened 10 Mirambo Office Extension Project and implementing the same, an act which was prejudicial to the right of the Board of Directors of the Bank of Tanzania.


The Republic called 8 witnesses while the defence summoned 2. The Republic was lead by Mr. Juma, Senior State Attorney.He was assisted by Mhangamila State Attorney, Ben Linkolin and Tabu Mzee of PCCB. The defence was lead by Mr.Mkate who was assisted by Mr.Magafu, Mr.Ndusyepo and Mr.Kyauke Advocates. We appreciate the way the counsels of both sides have presented their cases. They gave us a good challenge. On our side, we had time to hear, think Scrutinise and weigh the evidence before us carefully. The panel was in the end divided on key points thereby leading to have a dissenting judgement. This is the majority judgement and the judgement of the court. Our brother, Mr. Mkasimongwa, will read the dissenting judgement thereafter.

The summary of the evidence for the prosecution as far as the first count is concerned is as follows: - That, sometimes in 1985, the Bank of Tanzania building got burnt. The Bank engaged a firm called Design and services Ltd to examined the building and advice as to whether it could be renovated or not. Mr. Shah, the Managing Director gave the opinion that the building could be renovated. There was a second idea that renovation should go hand in hand with building other structures so as to serve for the increasing operations of the Bank now and in the future. 

WAZIRI KOMBANI ATEMBELEA MAHAKAMA KUU, AONANA NA JAJI KIONGOZI PAMOJA NA WATENDAJI WA MAHAKAMA KUU

Waziri wa Katiba na Sheria Mhe.Celina Kombani akijadili jambo na Jaji Kiongozi, Mhe. Fakih Jundu alipomtembelea ofisini kwake leo, anaeshuhudia maongezi hayo(katikati) ni Jaji Mfawidhi, Mahakama Kuu, Kanda ya Dar es Salaam, Mhe. Semistokes Kaijage.   JAJI Vincent.K.D Lyimo ASTAAFU Jaji Mkuu wa Tanzania, Mhe. Mohamed Chande Othman akishuhudia Jaji Kiongozi, Mhe. Fakih Jundu akimkabidhi Shada la maua kwa Jaji Mstaafu, Mhe. Vincent.K.D Lyimo   Remarks From Registrar Registrar Court of Appeal Since the launching of the Legal Sector Reform Programme ten years ago, the Judiciary has made notable interventions in enhancing its functions in the administration of Justice and the Rule of law. Below are major findings, achievements & failures, lessons learnt and recommendations for improvement as outlined in service Delivery Survey. The Judiciary has achieved some notable changes in the following areas: the introduction of ADR, a functioning individual calendar system for disposition of cases, establishment of effective case flow management committees at national level and lower courts,

THE BRIEF HISTORY OF THE JUDICIARY OF TANZANIA

1.    INTRODUCTION:

The United Republic of Tanzania (URT) was born on the 26th April, 1964 when the Republic of Tanganyika and the Peoples Republic of Zanzibar united and formed a single country in the name of Tanzania.

The Administration of Justice in Tanzania is an exclusive constitutional mandate of the Judiciary of Tanzania (JOT) vide articles 4, 107A and 107B of the Constitution of the United Republic of Tanzania 1977, Cap. 2 of the Laws. Its history can be traced back to the pre-colonial era, which said history developed gradually depending on the political and economic organization of the society as demonstrated herein bellow.

Despite the union of the two countries, one can still safely argue that Tanzania enjoys a twofold Legal System namely; that which applies in Tanzania Island (Zanzibar) on one hand and the other which is relevant to Tanzania Mainland (Former Tanganyika) though the two systems merge at the apex for, appeals from both the High Court of Zanzibar and that of Tanzania Mainland go to the Court of Appeal of Tanzania which is the Union Organ.