EQUALITY BEFORE THE LAW BETWEEN THE STATE AND INDIVIDUALS IN TANZANIA: A CRITICAL ANALYSIS OF THE LAW OF LIMITATION ACT (original) (raw)

AN ASSESSMENT OF THE EXTENT OF IMPLEMENTATION OF RECOMMENDATIONS OF THE COMMISSION FOR HUMAN RIGHTS AND GOOD COMMISSION

Kapongo's Research Report, 2018

This research’s main aim is to make an assessment on the extent of the implementation of the recommendations made by the Commission for Human Rights and Good Governance (CHRAGG). The study also analyses institutional frame work and legal framework governing the protection, promotion and enforcement of human rights in Tanzania. The general objective of this study is to make an assessment on the extent of the implementation of the recommendations of the CHRAGG. In the dew cause of the research the researcher employed various research tools or methodology, these are; documentary review, questionnaire and interviews to obtain the relevant information in order to prove or disapprove the hypothesis raised for this research. Tow hypotheses were raised for this research; (i) that the recommendations made by the CHRAGG are not fully implemented, and (ii) that the existing legal framework hinders effective implementation of the CHRAGG’s recommendations. In achieving this goal the study has targeted various individuals such as private advocates, lawyers, law students and ordinary persons. The findings of this research indicate that the CHRAGG is like a human right watchdog without teeth to bite. Its recommendations are not fully implemented. And, that it lack trust from the public when it comes to the enforcement of their rights, because it does not make binding decisions. Hence, the CHRAGG cannot fulfil its main goals of promoting, protecting and enforcing human rights in the country. The study came up with two recommendations in alternative to each other as follows; (i) that the provision of section 17(1) of CHRAG Act be amended, the amendments should enable the Commission to make binding decisions to the determination of the allegations or complaints brought by the citizens and remaining to make recommendations to the issues that the commission on its own motion investigated upon. Or in alternative, (ii) that provision of section 28(3) of the same Act be amended, to make it as an obligation to the Commission to make father stapes to enforce its recommendations, if the appropriate person or authority unreasonably deprived to comply with the commissions’ recommendations.

Implications of Written Laws (Miscellaneous Amendments) Act No.1 of 2020 to Justice Delivery in Tanzania Written by Erigh Rumisha

Towards the Amendment of Government Proceedings Act CAP 5 R.E.2019 through the Written Laws (Miscellaneous Amendments) Act No.1 of 2020 which provide the broader definition of the word Government and imposes the mandatory requirement for joining the Attorney General in all suit against Government , there have been different school of thoughts in as far as litigation is concerned. This paper tries to explain the implication of these amendments in litigation arena in line with its implication to jurisdiction of the subordinate Court and Justice delivery in Tanzania. The paper also touch its effects to High Court workload, lastly the paper come up with general observations and recommendation in as far as suit against the government is concerned

AFRICAN HUMAN RIGHTS LAW JOURNAL

accordance with constitutional checks and balances. The article emphasises the importance of the constitutional constraints on the exercise of public power. Section 1 of the South African Constitution presents the fundamental premises of the Constitution and sets out a vision of the type of society that the Constitution seeks to attain. The meaning of the rule of law and notions of responsive, accountable and open governance are explored through case law dealing with PAJA and the concept of legality. The ultimate thrust of these judgments is to ensure rationality, propriety and respectful governance. While they constrain the exercise of power, they do so in a manner that accords with the vision set out in section 1 of the Constitution. The article examines the duty to give reasons and analyses some instances where there is cynical compliance with the constitutional obligation to provide reasons and how this detracts from broader constitutional objectives. The Public Protector plays a vital role in ensuring the proper exercise of public power. The article examines two investigations by the Office of the Public Protector. In the PetroSA investigation, the Public Protector simply capitulated and surrendered in the face of power by adopting an irrationally-narrow interpretation of its mandate. In the SAPS lease investigation, a different Public Protector POWER AND CONSTRAINTS IN SA CONSTITUTION 83

Thirty Five Years of the Bill of Rights in Tanzania The Question of Enforcement

Mzumbe University, 2020

The purpose of this study was to examine the effectiveness of the enforcement of the basic rights as enshrined in the Constitution of United Republic of Tanzania in 1984. This study was necessary because despite the inclusion of the bill of rights in the constitution and enactment of the procedural law in enforcing such rights, people have not satisfied with the enforcement of the said rights. It was due to this fact that this study was conducted so as to expound what is the problem with the enforcement of the Basic Rights especially through court. The study was limited only to Tanzania mainland due to the fact that the issue of Human Rights is not a union matter and the very fact that Zanzibar has its own legal framework pertaining human rights. The study involved three methods of data collection i.e. documentary review, interviews and questionnaire whereby the researcher undergone field research and gathered relevant information from different legal practitioners and ordinary citizens. The study involved a sample of 34 respondents and random sampling was employed. Data obtained exposed that there is a serious problem as far as the question of enforcement of the basic rights is concerned, respondents were of the view that the difficulty contained in the Basic Rights and Duties Enforcement Act posed a serious problem in the enforcement of the rights, also the study illustrates that the Constitution contains a lot of restriction clauses which take away the whole essence of the Bill of Rights. Inadequate education, unwillingness of the government and politicization of human rights matters were also demonstrated as another challenges, among the others. The study recommends that the Constitution of the United Republic of Tanzania be amended so as to remove those restrictions and since human rights are subject to some restriction then to include in the same, restriction(s) which are proportional and acceptable in any democratic nation, also the study recommends for the amendment of the Basic Rights and Duties Enforcement Act so as all problems as shown in chapter four be resolved. Provision of education to the public and the encouragement of judicial activism of the judges also appeared to some of the recommendations of this study.