Journal of Contemporary African Legal Studies

Settlement of Matrimonial Disputes through Marriage Conciliation Boards in Mainland Tanzania

Janeth Alphonce, Prof. Binamungu — Wed, 06 Sep 2023 00:00:00 +0000

Concerns about irregularities being occasioned by Marriage Conciliation Boards (MCB) in marriage reconciliation are continuously coming to light in different ways, including, scholarly works and case law. This article focuses on examination of the law and practice governing Communal Boards with view to find out the reasons for the irregularities in the process of reconciliation through MCB.

The study employed both documentary review and in-depth interviews as methods of data collection. The data obtained from the study suggested two major findings:- lack of understanding of the role for which MCB were intended to achieve and the composition required for MCB to transact its business and that majority of religious communities though they perform the functions of MCB, they do not meet the conditions for registration. The article recommends for the training of members of Communal Boards on the role of the Boards and its process in reconciliation.

Tanzania’s Withdrawal from the African Court and its Effects in Safeguarding of Human and Peoples’ Rights

vincent mtavangu, agripina — Wed, 06 Sep 2023 00:00:00 +0000

Tanzania is one of the African Union (AU) Member States committed to protecting human rights at the regional level. This was revealed by the deposition of declaration to allow individuals and Non Governmental Organisations (NGOs) direct access to the African Court of Human and Peoples’ Rights, (the African Court). The deposited declaration was currently withdrawn by the State, hence curtailing individual Tanzanians and NGOs freedom to have direct access to the African Court. Although, the doors are not closed, individual and NGOs can still challenge the State on violation of human rights via the African Commission on Human and Peoples’ Rights, (the African Commission), which do not have legal force. Tanzania’s decision has been considered to have effects not only on individuals and NGOs but also on AU as it impairs the AU agenda of 2063 focusing, among others, on improving human rights, democracy and good governance throughout the country.

A TWIRL IN RECOGNITION OF THE RIGHT TO ACCESS LEGAL INFORMATION REGIME IN TANZANIA

Omari Issa Ndamungu — Wed, 06 Sep 2023 00:00:00 +0000

This article explores the role of the global movement for access to legal information and how the same has influenced Tanzania to participate in world campaigns on access to legal information. It focuses on the contributions of the Free Access to Law Movement (FALM), the World Legal Information Institutes (WorldLIIs), and the Montreal Declaration on Free Access to Law (MDFAL) of 2002 on access to the legal information in Tanzania. It is argued that until 2003 Tanzania was far behind in recognizing legal information as a distinct right that flows from human rights norms of freedom of expression and opinion. However, after joining the global movement on access to legal information Tanzania has taken various strategies including enacting the Access to Information Act of 2016. Of late, Tanzania has formed the Tanzania Legal Information Institute (TANZLII) for the purpose of facilitating the realization of the right to access legal information.

INCLUSION OF GEOGRAPHICAL INDICATIONS IN THE ECONOMIC PARTNERSHIP AGREEMENT BETWEEN THE EAST AFRICAN COMMUNITY AND THE EUROPEAN UNION

Kennedy Makafu — Wed, 06 Sep 2023 00:00:00 +0000

The East African Community was reborn in 1999. Currently, it has seven Partner States, namely; the Democratic Republic of Congo, Burundi, Kenya, Rwanda, South Sudan, Uganda and the United Republic of Tanzania. The EAC and the European Union concluded an Economic Partnership Agreement (hereinafter to be referred as EPA) in 2013. In the EPA arrangement, Geographical Indications (hereinafter to be referred as GIs) have not been included alongside other trade aspects. However, both parties have committed to resume negotiation sometimes later after five years when the current EPA becomes operative. The window for renegotiation was left for those areas which were not agreed on including GIs. Using such panacea, this article calls for inclusion of GIs in the EPA, and urges EAC to seize the opportunity as a strategy for harmonising EAC Partner States’ legal frameworks and harness the benefits of protecting GIs within EAC Common Market.

PROTECTION OF HUMAN DIGNITY IN THE CONTEXT OF CYBER WARFARE: THE STATUS QUO OF INTERNATIONAL LAW REGULATING THE USE OF FORCE

Dr. Seraphina Bakta, Hellen Luchagula — Wed, 06 Sep 2023 00:00:00 +0000

The use of force under the international legal regime is still the same as it had been prior to these developments. Considering its effects on human dignity, the extent to which the conventional methods and the legal framework are adequate to counter such use becomes relevant. This article examines the adequacy of international law on the use of force in protecting human dignity in cyber warfare. The article is based partly on the empirical study, ‘Regulating the use of force in international law: An appraisal of the conventional methods in regulating cyber warfare’ by the authors. It employs both empirical and documentary review methods to address this matter. It is argued in this article that the existing regime is not sufficient because it is too obsolete. Furthermore, because of the unique features of cyberspace, the regime does not adequately ensure the respect for human dignity.

REINVIGORATING THE ETHICS OF CORPORATE GOVERNANCE IN THE NIGERIAN BANKING SECTOR

Gideon Gasu — Wed, 06 Sep 2023 00:00:00 +0000

The major concern for both private and the public sectors of Nigerian economy is the issue of corporate governance. Evidence from the past decades show that, the banking sector was engulfed in mixed fortunes, resulting in occasions of companies' failures and a close loss of public confidence. This paper examined the importance of corporate governance and the degree to which weak corporate governance has affected the Nigerian banking sector. Equally, this paper evaluated how corporate governance impacts performance on the banking sector in Nigeria. The paper employs an analytical research methodology which made use of primary sources such as statutes and case law. Also, secondary sources were consulted, which include journals, articles, books, and materials sourced via the Internet. The study reveals that, several codes of best practice and the legal framework for effective corporate governance are in existence. However, the problem has been that of weak compliance and enforcement.

Local Authorities Election Campaigns in Tanzania: How is the Law Devised to Ensure Orderly, Free, Fair and Peaceful Campaigns?

Thobias R. Mnyasenga — Wed, 06 Sep 2023 00:00:00 +0000

Election campaigns are among the democratic features that provide election candidates the opportunity to convince the voters to choose or support them in the upcoming general elections. In Tanzania, Local Authorities election campaigns are conducted after every five years. However, since multiparty general elections started in 1995, there has been repeatedly violence during both national and Local Authorities election campaigns. This has resulted into destruction of private and public properties, physical injuries and loss of lives of the people. This articles examines the causes of such violence and the solutions thereto. The article notes that the law governing Local Authorities election campaigns in Tanzania is yet to instill and bring the desired results. Therefore, the law needs to be amended and civic education be provided to the people and the media in order to have orderly, free, fair and peaceful election campaigns in Tanzania