University of Dar es Salaam School of Law
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Item The 1997/98 Budget Speech and Fiscal Policy(1997-08) Luoga, FlorensGovernment’s tax and spending policies are set out below, together with an account of recent developments in fiscal policy and budget reform. This chapter outlines the fiscal projections for the period 1998/99 to 2000/01, on which the Medium Term Expenditure Framework is based.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 Accumulation in an African Periphery(Mkuki na Nyota Publishers, 2009) Shivji, Issa G.The "Washington consensus" which ushered in neo-liberal policies in Africa is over. It was buried at the G20 meeting in London in early April, 2009. The world capitalist system is in shambles. The champions of capitalism in the global North are rewriting the rules of the game to save it. The crisis creates an opening for the global South, in particular Africa, to refuse to play the capitalist-imperialist game, whatever the rules. It is time to rethink and revisit the development direction and strategies on the continent. This is the central message of this intensely argued book. Issa Shivji demonstrates the need to go back to the basics of radical political economy and ask fundamental questions: who produces the society's surplus product, who appropriates and accumulates it and how is this done. What is the character of accumulation and what is the social agency of change? The book provides an alternative theoretical framework to help African researchers and intellectuals to understand their societies better and contribute towards changing them in the interest of the working people.Item Administration of Estates(1993) Luoga, FlorensItem Agrarian Problems and Development(University of Dar es Salaam, 1980-08-12) Shivji, Issa G.Item Alternatives and Adjuncts to Domestic Prosecutions(TMC Asser Press, 2015) Materu, Sosteness F.When a country decides to address past human rights violations committed on its territory, it has two options to pursue, namely retributive justice (prosecution) and restorative justice (non-prosecution) mechanisms. However, within the context of so-called “peace versus justice debate”, it is settled that whenever both mechanisms are pursued in a given transition, it is important to ensure that both peace and justice are achieved. This chapter focuses mainly on the Kenyan truth commission as one of the restorative justice mechanisms pursued as an integral part of the agreed domestic road map for accountability for the atrocities linked to the post-election violence. The chapter concentrates only on the aspects of the truth commission that have a bearing on criminal accountability for the crimes against humanity allegedly committed during the violence. It reveals that in view of the structure of the commission’s legal framework, there are both strong and grey areas with the potential of affecting criminal accountability positively or negatively.Item An Appraisal of Tanzania’s Legislative Framework on Environment in the Context of REDD+ Safeguards(2012-10) Majamba, Hamudi I.The degradation of the world's forests which contributes significantly to emissions from forest ecosystems has raised alarm due to its role in global warming. To address the concern, the concept of Reducing Emissions from Deforestations and forest Degradation (REDD)** was designed as a world wide scheme, aimed at reimbursing countries for protecting their forests and reducing emissions of greenhouse pollutants, especially carbon dioxide. Under the scheme, developed countries seek to purchase carbon credits from developing countries' concerted efforts in conserving and managing forests in their jurisdictions.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 Background to the Post-Election Violence(Springer, 2015) Materu, Sosteness F.Literature indicates that the violence accompanying the 2007 general elections in Kenya was a spill-over effect of the country’s previous history, hence the need to scrutinize the historical antecedents to these elections. This chapter identifies and analyzes five factors, namely negative ethnicity, dictatorship, political alliances, criminal gangs and impunity, which, prior to the 2007 elections, had characterized the Kenyan politics. The chapter reveals that in view of the five factors, feelings had developed in Kenya, already before the 2007 elections, that certain ethnic communities had been deliberately marginalized since independence, while others had been highly privileged or favoured in different ways. This gave rise, inter alia, to a number of historical fears and grievances, mostly in relation to land. It is shown that this state of affairs became a recipe for election violence accompanying all the multiparty elections prior to 2007, and since the grievances were not addressed, and in view of the previous trend of election violence, it indeed became certain that even the 2007 general elections would not be free from violence.Item Book Review: Land as a Human Right: A History of Land Law and Practice in Tanzania by Abdon Rwegasira(Tanzania Journal of Development Studies, 2018) Majamba, HamudiItem The Concept of Human Rights in Africa(CODESRIA, 1989) Shivji, Issa G.Hitherto the human rights debate in Africa has concentrated on the legal and philosophical. The author, Professor of Law at the University of Dar es Salaam, here moves the debate to the social and political planes. He attempts to reconceptualise human rights ideology from the standpoint of the working people in Africa. He defines the approach as avoiding the pitfalls of the liberal perspective as being absolutist in viewing human rights as a central question and the rights struggle as the backbone of democratic struggles. The author maintains that such a study cannot be politically neutral or intellectually uncommitted. Both the critique of dominant discourse and the reconceptualisation are located within the current social science and jurisprudential debates.Item Conditions For the Functioning of A Democratic Constitution(Faculty of Law and the Friedrick Naumann Foundation, 1994)., 1994) Luoga, FlorensIn his paper entitled Conditions for the Functioning of a Democratic Constitution in Tanzania (1994), Prof Florence Luoga says: “It is very important that the Bill of Rights should cover the right to query the government in court in matters, which affect the people, which are disruptive to harmony and which are injurious and wasteful to the economy. There should be a right for the citizen to compel the government to disclose information, which is crucial for citizens to understand and appraise the functioning of the government.” Yet, the Constitution does not grant this right.Item Confronting grand corruption in the public and private sector: A spirited new initiative from Tanzania(Namibia Law Journal, 2009) Masabo, JulianaItem Constitutional and Legal System of Tanzania: A Civics Sourcebook,(Mkuki na Nyota Publishers, Dar-es-Salaam, 2004) Majamba, Hamudi; Shivji, Issa; Peter, Chris MainaItem Consumer Protection: A Case for Legislative Control of the Public Transport Service(The Tanzania Consumer Protection Association, 1995) Luoga, FlorensItem Content and Structure of Constitutions(2011) Majamba, Hamudi I.Item Contract Law: Part II: Contents, Consent and Discharge of Contracts(Open University of Tanzania, 1996) Luoga, FlorensItem The Court: Hierarchy and Jurisdiction(Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.Item Crime and Punishment(Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.Item Criminal Accountability at Domestic Level(TMC Asser Press, 2015) Materu, Sosteness F.A state wishing to punish the core crimes under international law in its domestic courts can choose to follow two approaches. The first is to prosecute those crimes by relying on its ordinary domestic criminal law. The second approach is to prosecute them by relying on the structure of international criminal law as it is or as modified. The effectiveness of the first approach depends largely on how broadly or narrowly the domestic criminal law is structured, whereas that of the second approach depends, inter alia, on the practice followed in that state as regards domestication of international law norms so as to make them enforceable in the domestic courts. This chapter examines the two approaches in relation to the crimes against humanity allegedly committed in Kenya during the post-election violence, and evaluates whether Kenya has or could have utilized any of the approaches to effectively prosecute and punish the main perpetrators of these crimes. This discussion will provide a model for other jurisdictions, especially in the developing countries, that wish to address impunity for the core crimes in their domestic courts.