Journal of Contemporary African Legal Studies

Resource Contracts Secrecy vis-à-vis the People’s Permanent Sovereignty over Natural Resources: A Legal Analysis of Tanzania’s Extractive Industry

2025-05-07T09:13:09+00:00

This paper examines the implications of resource contract secrecy on the people’s right to permanent sovereignty over natural resources (PSNR). It is estimated that governments around the world undertake public contracts worth US$9.5 trillion annually. Extractive contracts particularly affect the lives of about 3.5 billion people globally. Nevertheless, public contracts remain top government secrets in most countries, including Tanzania. While the government of Tanzania has taken a progressive approach to protect its natural resources interests through several PSNR instruments, it has simultaneously limited the exercise of that right by the people by denying them access to extractive resource contracts. Considering the country’s high levels of corruption, this paper concludes that contract secrecy is a corruption hideout which may compound the mismanagement of extractive resources. Thus, proactive disclosure of resource contracts and the re-enactment of powers of Parliament to review and endorse extractive contracts before their signing are proposed.

Flaws in the Design of Crop Levies by the Local Government Authorities in Mainland Tanzania

2024-11-28T11:21:30+00:00

The design of crop levies by Local Government Authorities (LGAs) in Mainland Tanzania is governed by the Local Government Finance Act, Cap. 290 [R.E. 2019]. The Act delineates the tax base, identifies the taxpaying unit, and empowers the LGAs to establish crop levy rates by bylaws within a range of 0–3% of the farm gate price for both food and cash crops. This paper examines flaws in the design of crop levies through bylaws enacted by LGAs in Mainland Tanzania. It reveals that the Local Government Finance Act does not define the term inhabitants or specify the categories of inhabitants liable to pay crop levies, which leads to flaws in the design of these levies by the LGAs. The paper recommends amending the Local Government Finance Act to define the term inhabitants and the relevant categories of inhabitants for the purpose of paying crop levies.

Legal Gaps and Contradictions in Environmental Preservation in Small-Scale Sand Mining in Tanzania: Brewing Climate Change?

2025-05-07T10:58:57+00:00

Sand mining activities are increasing globally, propelled by government and private construction projects. While important for development, if inadequately regulated, sand mining can negatively impact the environment. In Tanzania, sand mining and the environment are regulated both at the national (central government) and local government levels in Tanzania. Through a desk-based analysis of legislation and regulations relevant to sand mining in Tanzania, this paper reveals that Tanzania’s legal regulation of sand mining is not robust enough to guarantee environmental preservation and safeguard against climate change. Weaknesses include legal gaps such as contradictions on aspects such as the distance to keep from ecologically sensitive zones, size of the sand mining sites, and adoption of the precautionary principle in sand mining. The paper recommends that Tanzania may borrow experiences from Kenya and South Africa on how best to regulate sand mining and guarantee its environmental and climate conservation.

Electoral Justice System in East Africa: A Comparative Analysis of Kenya and Tanzania

2025-05-07T12:34:59+00:00

Electoral justice system forms a key element of democracy that gives voters and candidates a platform to participate in the electoral processes and seek redress in case of infringement of their electoral rights. In East African countries specifically, elections have been characterized by complaints, sometimes resulting in violence. This article comparatively analyses the electoral legal framework of Kenya and Tanzania. A desk review of primary and secondary sources was employed to collect information. The article highlights that the electoral legal framework of Tanzania has a legal gap that compromises the conduct of free and fair democratic elections as compared to Kenya. The study proposes the amendment of the provisions of the electoral law and some articles of the Constitution to allow for the challenge of presidential election results, and appeals on voter registration and nomination of candidates.

Tax Administration and Due Process Concerns in Tax Enforcement in Tanzania

2024-04-23T07:11:21+00:00

This article examines due process concerns in the collection of taxes in Tanzania. It focuses on the use of administrative powers in enforcing tax collections by addressing public outcry on the excessive use of discretionary extra-judicial powers. Norms of justice demand that a person is entitled to due process wherever powers are exercised and are likely to lead to deprivation. Tax collection powers stand in that category. Applying both doctrinal and empirical methods, this paper examines the operation of due process in tax enforcement in Tanzania. The results show that due process is not observed in collecting taxes. There is a perception that due process delays the collection of taxes. This has led to the institutionalization of wide and unchecked extra-judicial discretionary powers by the tax authorities. It concludes that due process in the collection of tax is important in improving tax administration in Tanzania.

Combating Illegal Logging to Mitigate Climate Change Impact in Tanzania: A Quest for Sustainable Solutions

2024-10-13T10:33:44+00:00

This article examines the legal framework and practical challenges in protecting forests against illegal logging as a climate change vulnerability in Tanzania. By examining the nexus between illegal logging of forests and climate change, it identifies the gaps that hinder effective enforcement of the existing laws in addressing illegal logging, including ambiguous legal provisions and lenient penalties. It further identifies practical challenges, including excessive dependence on forests, corruption, and inadequate resources. The article recommends transformative reforms, emphasizing the necessity of a holistic approach integrating community engagement, promoting alternative economic activities and renewable energy sources, judicial integrity, and innovative technologies in protecting forests. Ultimately, it underscores that combating illegal logging is essential not only for protecting vital ecosystems but also for achieving climate change mitigation.

Reforming Mining Sector Laws to Guarantee Local Procurement as a Tool to Socio-Economically Empower Youths: A Tanzanian Perspective

2025-05-07T15:08:00+00:00

Majority African human resource is youth. These are expected to be directly involved in the harnessing of natural resources such as minerals for their socio-economic well-being. Contrary though, they are mostly unemployed in most mineral resources-rich African countries, Tanzania inclusive. Youth unemployment is an outcome of social, economic, and legal designs. Legally, it is founded on the absence of a robust legal framework to indirectly involve youths in the mining sector through procurement processes. Through documentary review, this paper examines the extent to which this obligation is being upheld in Tanzania. Through a qualitative analysis of reviewed documents, it is found that Tanzania’s mineral legal framework partially complies with the African regional and states best practices on adoption of local procurement as a tool to empower youths. Review of the mineral legal framework is recommended to provide for provisions aimed at empowering youths in such a sector.

Enhancing Public Health in Tanzania: Underutilised Opportunities in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

2025-05-07T15:35:40+00:00

Using a doctrinal legal research approach, this paper analyzes the legal framework governing patents in Tanzania to evaluate its effectiveness in leveraging the opportunities provided by the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) to support public health. The findings reveal that Tanzania does not fully capitalize on the public health-related flexibilities within the TRIPS Agreement. Notably, it omits key public health-sensitive flexibilities, such as the transitional period and the Bolar exception, which are critical for promoting public health. The paper highlights that Tanzania undermines its public health interests by failing to fully exploit the relevant TRIPS flexibilities. Therefore, it is recommended that Tanzania seize the opportunities presented by the TRIPS Agreement by temporarily excluding medicines from patent protection while developing comprehensive patent legislation that incorporates all available options relevant to public health concerns.