Journal of Contemporary African Legal Studies

Extending an Arbitration Agreement to a Non-Signatory Party: An Appraisal of the Law and Practice in Tanzania in Comparison with Selected Countries

Julius Clement Mashamba — 2026-01-14

Under Tanzanian contract and arbitration laws, only a party to an arbitration agreement can be bound by such an arbitration agreement because of privity of contract and express consent to be bound by or benefit from a contract or arbitration agreement. While certain jurisdictions bind non-signatories to arbitration agreements, others retain the rigid approach requiring only signatories to be bound by arbitration agreements. As this article contends, in Tanzania, where the law is not clear on whether or not a non-signatory should be generally bound by an arbitration agreement, courts and arbitral tribunals, when confronted with the issue of whether a non-signatory can be bound by an arbitration agreement, they should look to the position in jurisdictions applying the SLE doctrine, when dealing with public corporations, or to the GOC doctrine, when dealing with private corporations.

Enforcing the Right to Health Through Courts in Tanzania: Challenges and Prospects

Ferdinand Temba — 2026-01-14

The right to health is recognized as a fundamental human right within international, regional, and domestic legal frameworks. This article explores its judicial enforcement in Tanzania using a doctrinal legal methodology that analyses statutory provisions and case law. It challenges the view that socio-economic rights are non-justiciable, affirming that the right to health is a universally applicable entitlement that can be subject to immediate enforcement. The article identifies factors for effective enforcement, including political legitimacy, judicial capacity, and legal expertise. Major challenges include the lack of express constitutional protection of the right to health, resource constraints, and partial alignment with international legal obligations. Nevertheless, the study underscores underlying prospects such as the progressive interpretation of the right to health through the constitutional guarantee of the right to life under Article 14, and the adoption of legal, policy, and institutional reforms, which promote better health outcomes in Tanzania.

Legal Pluralism and the Position of Customary Law in Mediation of Land Disputes by Ward Tribunals: Insights from Mvomero and Kilosa Districts in Morogoro, Tanzania

Lukiko Lukiko — 2026-01-14

This article investigates the extent to which “customary principles of mediation” in Tanzania’s ward tribunals are operationalized in practice. Using documentary review, interviews, focus groups, and a short questionnaire across eight wards in Mvomero and Kilosa Districts, we examine the practical salience of customary mediation and the institutional conditions shaping it. We find that Tanzania’s legal pluralism is state dominant and complementary. Ward tribunals mediate within statutory frames and natural justice, while substantive tribal norms are seldom invoked. This divergence is linked to the historical abolition of traditional leadership in 1963, court led modification of customary rules, heterogeneous parties (including legal persons), and standardized mediation requirements introduced in 2021. We distinguish substantive from procedural customary law and show that mediation practice in ward tribunals often reflects generic procedural fairness rather than named community norms. We propose a custom-sensitive mediation model, and concrete policy actions to deliver community based justice.

Public Right of Access to Public Leaders’ Asset Declarations in Tanzania: A Critique of the Law

Getrude Kagemulo Ishengoma — 2026-01-14

This paper examines the legal framework governing the public right of access to public leaders’ asset declarations in Tanzania. It argues that the existing legal framework does not clearly define the scope of the public right of access to public leaders’ asset declarations. It does not set the criteria for determining the relevance and genuineness of a complaint or the good faith of the complainant. The law contains some procedural gaps and vests too much discretionary power in the Ethics Commissioner to allow or disallow individuals to access asset declarations. Moreover, there are several other pieces of legislation inconsistent with the public right of access to asset declarations. The authors contend that, unless the Government undertakes comprehensive legal reforms to address the noted legal weaknesses, ineffective implementation of the public right of access to asset declarations in Tanzania will continue to be a notable feature.

Assessing Procedural Rigidities and Suit Abatement in Tanzania: Lessons from Indian Civil Justice

Noel Nkombe — 2026-01-14

This article assesses the procedural rigidities surrounding suit abatement in Tanzanian civil litigation where a party dies during the pendency of civil proceedings. Under the Civil Procedure Code, the suit abates if no legal representative is appointed within ninety days, while the Tanzania Court of Appeal Rules offer a more flexible twelve-month period for substitution of a legal representative. The Civil Procedure Code gives a shorter period for the legal representative to be joined, which at times amounts to a denial of access to justice. In both laws, courts lack the discretionary power to appoint an administrator general where no legal representative is appointed. This omission leaves surviving litigants without redress despite having valid claims or a defence. Guided by access to justice theory and using a doctrinal methodology, the article argues that procedural rules should promote justice. Lessons from Indian civil procedure support the need for reform in Tanzania.