Department of Private Law
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Item Procedures for Communities to Enter Into Joint Ventures in WMAs(2000) Booth, V.; Nangale, G; Majamba, Hamudi I.The sectoral reform programme currently underway in Tanzania will see the implementation of far reaching initiatives that will pave the way for local communities to directly benefit from the presence of wildlife in their areas. This initiative has been made possible by the introduction of the Wildlife Policy of Tanzania and the Village Land Act of 1999 that envisages local communities taking greater responsibility for the management and utilisation of wildlife resources in village lands. Several studies have been completed that examine the implications of these initiatives focusing on important policy, legal and institutional issues that must first be resolved. This study examines the options and impediments that local communities will encounter when they attempt to enter into some form of contractual arrangements with the private sector in order to exploit the natural resources in their village areas. The report is divided into five sections that deal with the scope of work identified in the Terms of Reference. It also provides several examples of “joint venture” agreements that have been developed in the regionItem Environmental Rights Jurisprudence in Tanzania: A Review of Judicial Precedents(2001) Majamba, Hamudi I.Item Mafunzo Kwa Wanavijiji Kuhusu Sheria Zinazohusu Usimamiaji Wa Maliasili Kwa Jamii(2001-07) Majamba, Hamudi; Macha, Theo; Mshana, EbenezerKatika kuitekeleza sera ya serikali kuhusu utunzaji maliasili kwa kuwashirikisha wananchi kuweza kutunza maliasili zilizopo kwenye maeneo yao, Timu ya Wanasheria wa Mazingira (LEAT) waliingia mkataba na Mradi wa Usimamizi wa Mazingira Rufiji (MUMARU) ili kutengeneza, kutoa na kuandika kozi ya mafunzo kuhusu sheria za utunzaji maliasili zinazoendana na vijiji katika vijiji vilivyochaguliwa katika wilaya ya Rufiji, Mkoa wa Pwani. LEAT na MUMARU waliingia mkataba ulioanza tarehe 30 April 2001 hadi 15 Juni 2001. Lengo na madhumuni ya mafunzo haya kimsingi ni kuongeza ufahamu wa wanavijiji na uelewa wa sheria za utunzaji maliasili kwa ujumla lakini hasa kwenye zile sheria zinazohusu maliasili zinazopatikana katika maeneo yao. Kozi pia iliandaliwa katika hali ya kuweza kuhakikisha kwamba wanavijiji wananaweza kutengeneza sheria ndogondogo kufuatana na utaratibu uliowekwa kisheria ili kutunza vizuri maliasili zao.Item 8. An Appraisal of the Legal Framework for the Management and Conservation of Tanzania's Wetlands(Uongozi Journal of Management Development, 2003) Majamba, Hamudi I.This paper examines Tanzania’s legal framework for the conservation and management of wetlands. Its underlying thesis is that the existing laws do not echo the obligations of the Ramsar Convention to which the government has acceded. The paper argues that wetland conservation and management has basically not risen on the list of priorities of the natural resources conservation and management legal framework. It recommends that there is a need to develop a comprehensive law to deal with wetland conservation and management.Item Environment & Natural Resources Law(Mkuki na Nyota Publishers, 2004) Majamba, Hamudi I.Item Implementing the Ramsar Convention in Tanzania: Salient Features of Legislation and Policies for the Management and Conservation of Wetlands(Eastern African Law Journal, 2004) Majamba, Hamudi I.Wetlands are basically units of landscapes that occur in different kinds of locations and may have a presence of static or flowing water. They are known by different names throughout the world. They are in essence water-based ecosystems at the interface between aquatic and terrestrial habitats and support a wide variety of plant and animal life. Wetlands, therefore, comprise of places where water, soil and air, among other things, interact to produce wetland vegetation at a depth that usually does not exceed six meters. 1 They may comprise of areas of marsh, streams, lakes, rivers, swamps, flood plains, ponds, mangroves, deltas and estuaries and are important natural resources that support components of the hydrological cycle in breeding, rearing and feeding habitats for diverse species of fauna and floraItem Reflections on the Philosophy of the Greek Classical School of Thought(Nyerere Law Journal, 2004) Majamba, Hamudi I.This paper provides an analysis of the philosophy which the Greek Classical School comprising of Socrates, Plato and Aristotle propounded. The aim of the analysis is to ascertain the nature and effect of the contribution made by these three ‘philosophic fathers’ to the development of jurisprudential thought.Item Constitutional and Legal System of Tanzania: A Civics Sourcebook,(Mkuki na Nyota Publishers, Dar-es-Salaam, 2004) Majamba, Hamudi; Shivji, Issa; Peter, Chris MainaItem Crime and Punishment(Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.Item The Court: Hierarchy and Jurisdiction(Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.Item Criminal and Civil Trial(Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.Item Nationalization, Liberalization and Regulatory Law(Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.Item An Assessment of the Framework Environmental Law of Tanzania Zanzibar(Law Environment and Development Journal, 2005) Majamba, Hamudi I.In order to fully comprehend the application of the corpus of laws in Tanzania in general, and the legislation regulating environmental conservation and management in particular, it is important to highlight some of the important events of country's history. Our brief narrative commences at the point when German claimed direct control and administration of territory knoen as Tanganyika from the Germany East African company. The control of the terrotory was handed over to Britain under the League of nations mandate after the defeat of the Germany in World War I. After World War II, Tanganyika became a UN Trust territory under British control being granted independence by Britain in 1961. A year later it became a Republic.Item Integrating Local Communities in the Policy and Legislative Framework for Wildlife Conservation and Management in Tanzania(Uongozi Journal of Management and Development Dynamics, 2006) Majamba, Hamudi I.This paper analyzes the efforts taken by the Tanzanian government to devolve wildlife rights to local community members living in proximity to wildlife. It traces the legislative approaches applied that have a bearing on the livelihoods of the local community members in different historical epochs. The paper’s underlying thesis is that local community members have consistently been marginalized in wildlife management processes. The paper argues that Tanzania’s government’s initiative to change this trend is at the verge of being foiled by some Machiavellian stakeholders in the private sector of the wildlife industry.Item Legal Training for Diverse Roles in Zanzibar: Challenges and Prospects(Open University Law Journal, 2007) Majamba, Hamudi I.This paper provides some highlights on the major institutions charged with the task of legal training of different cadres in Zanzibar. The underlying objective is to identify some of the challenges and tease out issues that would provoke thoughts that would in turn make a case for improved legal training in Zanzibar. The main proposals that are advanced are those that seek to put in place mechanisms in order to empower those dealing with law in their day to day duties so that they would be more effective in living to the expectations of society. The duty, obligation, role and capacity of the main stakeholders in the legal sector in the provision of legal training in Zanzibar are critically analyzed. 1Item Perspectives on the Kadhi’s Courts in Zanzibar(Orient Journal of Law and Social Sciences, 2007) Majamba, Hamudi I.This paper provides a brief analysis of some of the salient features of the Kadhis’ Courts in Zanzibar. The analysis has been discussed under purposefully selected sub-themes which are considered to reflect some emerging trends in the operation of this judicial system in Zanzibar. One of the sub-themes is premised along the gender paradigm (with a focus on selected cases on some aspects of divorce). Another is focused on the perceptions or influence of common law principles and the international legal regime on the application of Islamic law. The other sub-theme focuses on the limitations placed on the Court of Appeal with regard to cases emanating from the Kadhis’ Courts and its reaction to this set up.Item Possibility and Rationale of Establishing Kadhi Courts in Tanzania Mainland(Eastern Africa Law Review, 2009) Majamba, Hamudi I.Several countries in Africa and the Commonwealth that have a significant population of Muslims have accommodated the Kadhi court system in their Constitutions and laws to cater for the regulation of the personal status of their Muslim citizens. The phrase Kadhi traces its origin from the Arabic word Qadi which literally translates to a person who traditionally has jurisdiction over all legal maters involving Muslims. Accordingly the Kadhi’s judgment must be based on ijumaa (the prevailing consensus) of the ulema(traditional Islamic scholars).Item Review of Issa Shivji’s Pan-Africanism or Pragmatism? Lessons of Tanganyika and Zanzibar Union(Mkuki na Nyota Publishers, Dar-es-Salaam, OSSEREA, 2009) Majamba, HamudiItem Feasibility of Large-Scale Biofuel Production in Tanzania(2009-04) Majamba, Hamudi; Kulindwa, Kassim; Oscar, Kibazohi; Charles, Domician; Mwamila, Burton; Chijoriga, Marcelina; Temu, Abraham; John, Geofrey; Temu, RPC; Maliondo, Salim; Nchimbi - Msola, Susan; Mvena, Zebedayo; Matovelo; Lupala, JohnTanzania is endowed with energy resources mix estimated at: 1,200 tons of coal of which 304 million tons are proven; 29.02 billion m3 of proven natural gas; 4.7 GW of macro- hydro (561 MW developed); 314 MW of mini hydro potential of which only 1.5% is developed; 150 MW of Geothermal (completely unexploited); 12 million TOE of biomass potential excluding biofuel; and a solar insolation of approximately 4.5 kW/km2/day. Due to under deployment of these energy sources, the commercial energy consumption is skewed in favour of imported petroleum. Petroleum importation consumes more than 30% of Tanzania’s foreign exchange earnings. The transport sector is the largest end user of imported petroleum fuels, consuming 40.5% of the total. Biofuel can have a direct use in the transport sector either in blended or in new generation flex technology. However, the advent of the biofuel has brought with it the debate on land issues, people’s welfare, food security and the environment. Thus, Tanzania needs to look into the biofuel business plantations prudently. This project on the feasibility of large-scale biofuel production in Tanzania was conceived on June 28, 2007 through the efforts of the study team and the then Ambassador of Sweden to Tanzania, HE Torvald Åkesson. It was endorsed by the Ministry of Energy and Minerals and Sida, through the Swedish Embassy agreed to finance the study, which commenced in March 2008. The study was undertaken by a multi-disciplinary team of 16 Tanzanian experts from the University of Dar es Salaam, Sokoine University of Agriculture and Ardhi University covering various fields, namely; engineering, agriculture, law, economics, commerce, land-use planning, environment, ecology, forestry, livestock.
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