Eugene Mniwasa - Academia.edu (original) (raw)

Papers by Eugene Mniwasa

Research paper thumbnail of Tackling the Counterfeit Goods Trade in Tanzania: Reflections on the Anti-Counterfeiting Criminal Law

Counterfeiting and Fraud in Supply Chains

Research paper thumbnail of The banking confidentiality law in Tanzania: an appraisal

The banker’s duty of confidentiality to its customers, which is founded on the contract between b... more The banker’s duty of confidentiality to its customers, which is founded on the contract between banks and their customers, is one of the pillars governing the banker-customer relationship in Tanzania. The banks have the obligation to keep information concerning their customers’ affairs confidential. The law permits the duty of confidentiality to be lifted in certain specific situations including where information related to customers’ transactions is required to prevent or control unlawful activities such as money laundering, terrorism, drug trafficking and corruption or to facilitate the conduct of legal proceedings in courts. This article argues that the legal compulsion to disclose affairs of a bank customer in Tanzania is moving to the direction that undermines banking confidentiality. There is a need for the government of Tanzania to reform the law in order to establish a legal framework that strikes a balance between the need to protect legitimate interests of customers of ban...

Research paper thumbnail of Document.6 : Review Of The Decentralization Process And It's Impact On Environmental And Natural Resources Management In Tanzania

Decentralization is commonly viewed as the transfer of legal and political authority from the cen... more Decentralization is commonly viewed as the transfer of legal and political authority from the central government and its agencies to the field organizations and institutions. This review analyzes the process, institutional and legal framework within which the environmental and natural resources management operates in Tanzania. It specifically focuses on the decentralization within central and local governments' role in environmental management. The focus of the study is to examine how the interface between the centre and local loci of power have affected pieces of legislation relating to management of the environment by central and local governments in Tanzania.

Research paper thumbnail of The protection of rights of consumers of goods in Tanzania: a law-based approach

The African Journal of Finance and Management, 2016

Consumer protection in Tanzania is a phenomenon associated with the operation of markets. There a... more Consumer protection in Tanzania is a phenomenon associated with the operation of markets. There are also non-market issues that concern or are involved in consumer protection. Law is one of the instruments for protecting rights of consumers of goods. The law provides for the rights of consumers and mechanisms for their protection. This article uncovers that law in Tanzania, which has evolved for many decades, that establishes legal and institutional frameworks for protecting rights of consumers of goods. It demonstrates that the law has inadequacies and the institutions have limitations that undermine their efficacy in safeguarding rights of consumers of goods. The article describes several factors that undermine the capacity of consumers of goods in Tanzania to protect and realise their rights. This unsatisfactory situation calls for reforms of the country‘s consumer protection legal and institutional frameworks. The article proposes some measures that can be implemented to invigor...

Research paper thumbnail of Institutionalizing the fight against money laundering in Tanzania: the potential, limitations and challenges

Journal of Money Laundering Control, 2021

Purpose This paper aims to examine the authorities tasked to fight against money laundering in Ta... more Purpose This 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/approach The 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. Findings The 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 effic...

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

Journal of Money Laundering Control, 2020

PurposeThis paper aims to explore the evolution of the law for combating economic crimes includin... more 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 Tanza...

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

Journal of Money Laundering Control, 2020

Purpose This paper aims to examine the money laundering vulnerability of private legal practition... more Purpose This 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/approach The 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 practition...

Research paper thumbnail of The financial intelligence unit and money laundering control in Tanzania

Journal of Money Laundering Control, 2019

Purpose This paper aims to explore the role of the financial intelligence unit in Tanzania in fig... more Purpose This paper aims to explore the role of the financial intelligence unit in Tanzania in fighting against money laundering and its predicate offences, examine its potential in controlling the problem and describe factors that undermine its efficacy. Design/methodology/approach The doctrinal research approach is used to analyse Tanzania’s anti-money laundering law and appraise its effectiveness in facilitating operations of the financial intelligence unit in fighting against money laundering and its predicate offences. The law-in-context approach is applied to interrogate the anti-money laundering law and describe non-law factors that impinge on the efficiency of Tanzania’s financial intelligence unit. Findings The law vests the financial intelligence unit with powers to perform a number of functions that are significant in fighting against money laundering and its predicate offences in Tanzania. The unit has been instrumental in curbing money laundering. The efficacy of this an...

Research paper thumbnail of Tackling money laundering in East and Southern Africa : an overview of capacity : volume 2

The vision of the Institute for Security Studies is one of a stable and peaceful Africa character... more The vision of the Institute for Security Studies is one of a stable and peaceful Africa characterised by human rights, the rule of law, democracy and collaborative security. As an applied policy research institute with a mission to conceptualise, inform and enhance the security debate in Africa, the Institute supports this vision statement by undertaking independent applied research and analysis; facilitating and supporting policy formulation; raising the awareness of decision makers and the public; monitoring trends and policy implementation; collecting, interpreting and disseminating information; networking on national, regional and international levels; and capacity-building.

Research paper thumbnail of Money laundering control in Tanzania

Journal of Money Laundering Control, 2019

PurposeThis paper aims to examine how banks in Tanzania have been vulnerable to money laundering ... more PurposeThis paper aims to examine how banks in Tanzania have been vulnerable to money laundering activities and how the banking institutions have been implicated in enabling or aiding the commission of money laundering offences, and highlights the banks’ failure or inability to prevent, detect and thwart money laundering committed through their financial systems.Design/methodology/approachThe paper explores Tanzania’s anti-money laundering law and analyzes non-law factors that make the banks exposed to money laundering activities. It looks at law-related, political and economic circumstances that impinge on the banks’ efficacy to tackle money laundering offences committed through their systems. The data are sourced from policy documents, statutes, case law and literature from Tanzania and other jurisdictions.FindingsBoth law-related and non-law factors create an enabling environment for the commission of money laundering offences, and this exposes banks in Tanzania to money launderi...

Research paper thumbnail of Tackling the Counterfeit Goods Trade in Tanzania: Reflections on the Anti-Counterfeiting Criminal Law

Counterfeiting and Fraud in Supply Chains

Research paper thumbnail of The banking confidentiality law in Tanzania: an appraisal

The banker’s duty of confidentiality to its customers, which is founded on the contract between b... more The banker’s duty of confidentiality to its customers, which is founded on the contract between banks and their customers, is one of the pillars governing the banker-customer relationship in Tanzania. The banks have the obligation to keep information concerning their customers’ affairs confidential. The law permits the duty of confidentiality to be lifted in certain specific situations including where information related to customers’ transactions is required to prevent or control unlawful activities such as money laundering, terrorism, drug trafficking and corruption or to facilitate the conduct of legal proceedings in courts. This article argues that the legal compulsion to disclose affairs of a bank customer in Tanzania is moving to the direction that undermines banking confidentiality. There is a need for the government of Tanzania to reform the law in order to establish a legal framework that strikes a balance between the need to protect legitimate interests of customers of ban...

Research paper thumbnail of Document.6 : Review Of The Decentralization Process And It's Impact On Environmental And Natural Resources Management In Tanzania

Decentralization is commonly viewed as the transfer of legal and political authority from the cen... more Decentralization is commonly viewed as the transfer of legal and political authority from the central government and its agencies to the field organizations and institutions. This review analyzes the process, institutional and legal framework within which the environmental and natural resources management operates in Tanzania. It specifically focuses on the decentralization within central and local governments' role in environmental management. The focus of the study is to examine how the interface between the centre and local loci of power have affected pieces of legislation relating to management of the environment by central and local governments in Tanzania.

Research paper thumbnail of The protection of rights of consumers of goods in Tanzania: a law-based approach

The African Journal of Finance and Management, 2016

Consumer protection in Tanzania is a phenomenon associated with the operation of markets. There a... more Consumer protection in Tanzania is a phenomenon associated with the operation of markets. There are also non-market issues that concern or are involved in consumer protection. Law is one of the instruments for protecting rights of consumers of goods. The law provides for the rights of consumers and mechanisms for their protection. This article uncovers that law in Tanzania, which has evolved for many decades, that establishes legal and institutional frameworks for protecting rights of consumers of goods. It demonstrates that the law has inadequacies and the institutions have limitations that undermine their efficacy in safeguarding rights of consumers of goods. The article describes several factors that undermine the capacity of consumers of goods in Tanzania to protect and realise their rights. This unsatisfactory situation calls for reforms of the country‘s consumer protection legal and institutional frameworks. The article proposes some measures that can be implemented to invigor...

Research paper thumbnail of Institutionalizing the fight against money laundering in Tanzania: the potential, limitations and challenges

Journal of Money Laundering Control, 2021

Purpose This paper aims to examine the authorities tasked to fight against money laundering in Ta... more Purpose This 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/approach The 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. Findings The 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 effic...

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

Journal of Money Laundering Control, 2020

PurposeThis paper aims to explore the evolution of the law for combating economic crimes includin... more 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 Tanza...

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

Journal of Money Laundering Control, 2020

Purpose This paper aims to examine the money laundering vulnerability of private legal practition... more Purpose This 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/approach The 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 practition...

Research paper thumbnail of The financial intelligence unit and money laundering control in Tanzania

Journal of Money Laundering Control, 2019

Purpose This paper aims to explore the role of the financial intelligence unit in Tanzania in fig... more Purpose This paper aims to explore the role of the financial intelligence unit in Tanzania in fighting against money laundering and its predicate offences, examine its potential in controlling the problem and describe factors that undermine its efficacy. Design/methodology/approach The doctrinal research approach is used to analyse Tanzania’s anti-money laundering law and appraise its effectiveness in facilitating operations of the financial intelligence unit in fighting against money laundering and its predicate offences. The law-in-context approach is applied to interrogate the anti-money laundering law and describe non-law factors that impinge on the efficiency of Tanzania’s financial intelligence unit. Findings The law vests the financial intelligence unit with powers to perform a number of functions that are significant in fighting against money laundering and its predicate offences in Tanzania. The unit has been instrumental in curbing money laundering. The efficacy of this an...

Research paper thumbnail of Tackling money laundering in East and Southern Africa : an overview of capacity : volume 2

The vision of the Institute for Security Studies is one of a stable and peaceful Africa character... more The vision of the Institute for Security Studies is one of a stable and peaceful Africa characterised by human rights, the rule of law, democracy and collaborative security. As an applied policy research institute with a mission to conceptualise, inform and enhance the security debate in Africa, the Institute supports this vision statement by undertaking independent applied research and analysis; facilitating and supporting policy formulation; raising the awareness of decision makers and the public; monitoring trends and policy implementation; collecting, interpreting and disseminating information; networking on national, regional and international levels; and capacity-building.

Research paper thumbnail of Money laundering control in Tanzania

Journal of Money Laundering Control, 2019

PurposeThis paper aims to examine how banks in Tanzania have been vulnerable to money laundering ... more PurposeThis paper aims to examine how banks in Tanzania have been vulnerable to money laundering activities and how the banking institutions have been implicated in enabling or aiding the commission of money laundering offences, and highlights the banks’ failure or inability to prevent, detect and thwart money laundering committed through their financial systems.Design/methodology/approachThe paper explores Tanzania’s anti-money laundering law and analyzes non-law factors that make the banks exposed to money laundering activities. It looks at law-related, political and economic circumstances that impinge on the banks’ efficacy to tackle money laundering offences committed through their systems. The data are sourced from policy documents, statutes, case law and literature from Tanzania and other jurisdictions.FindingsBoth law-related and non-law factors create an enabling environment for the commission of money laundering offences, and this exposes banks in Tanzania to money launderi...