Department of Private Law

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    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.
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    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.
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    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.
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    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, Hamudi
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    Constitutional and Legal System of Tanzania: A Civics Sourcebook,
    (Mkuki na Nyota Publishers, Dar-es-Salaam, 2004) Majamba, Hamudi; Shivji, Issa; Peter, Chris Maina
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    Content and Structure of Constitutions
    (2011) Majamba, Hamudi I.
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    The Court: Hierarchy and Jurisdiction
    (Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.
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    Crime and Punishment
    (Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.
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    Criminal and Civil Trial
    (Mkuki na Nyota Publishers, 2004-11) Majamba, Hamudi I.
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    Decentralization of Natural Resources Management: Reflections on the Constitution of the United Republic of Tanzania
    (2012) Majamba, Hamudi I.
    This article aims to provide input into the ongoing deliberations on the enactment on a new Constitution of the United Republic of Tanzania, to replace the existing one that was enacted in 1977. Its main objectives are two-folds: First is to inform stakeholders and raise their awareness on aspects of relationship between decentralization of natural resources management and constitution to enable them to contribute effectively in ongoing constitutional law making process and related discussions. Second is establish a foundation upon which the legal basis for the entrenchment of provisions on decentralization of natural resources management could be adequately addressed in the Constitution of the United Republic of Tanzania. The paper is confined to mainland Tanzania. It does not address Zanzibar , which would require a separate study given the nature of the union and the complexity surrounding the natural resources management in each part of the Union.
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    Decentralization of Natural Resources Management: Reflections on the Constitution of the United Republic of Tanzania
    (Orient Journal of Law and Social Sciences, 2012-10) Majamba, Hamudi I.
    This article aims to provide input into the ongoing deliberations on the enactment on a new Constitution of the United Republic of Tanzania, to replace the existing one that was enacted in 1977. Its main objectives are two-folds: First is to inform stakeholders and raise their awareness on aspects of relationship between decentralization of natural resources management and constitution to enable them to contribute effectively in ongoing constitutional law making process and related discussions. Second is establish a foundation upon which the legal basis for the entrenchment of provisions on decentralization of natural resources management could be adequately addressed in the Constitution of the United Republic of Tanzania. The paper is confined to mainland Tanzania. It does not address Zanzibar , which would require a separate study given the nature of the union and the complexity surrounding the natural resources management in each part of the Union.
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    Emerging Paradigms in the Human-Wildlife Conflict: Lessons from the Enforcement of Anti-Poaching Laws in Tanzania
    (Department of Political Science and Public Administration, University of Dar-es-Salaam, 2015) Majamba, Hamudi
    The Chapter addresses issues of ownership and conflict over resource use with specific focus on the government of Tanzania’s (State) obligation to protect wildlife resources, embodied in the doctrine of public trust. The State’s obligation has faced challenges reflected in dissatisfaction from a cross section of stakeholder’s on the strategies it has deployed in its endevour to protect the wildlife resources. The specific focus of this theme has mainly been influenced by an operation by the State in its effort to curb the escalating rate of decimation of elephants to supply the international illicit ivory trade. The operation by the government christened “Operesheni Tokomeza,” (loosely translating to “Operation Eradicate”) was purportedly designed under the provisions of the relevant laws passed by Parliament to combat poaching of elephant tusks to supply the illegal ivory trade. It initially met with a lot of resistance from a cross-section of citizens who alleged, among other things, that the operation was being conducted in a manner that led to violation of human rights of communities living in the proximity of the Reserves, Parks and other protected areas. With the support of a multitude of Members of Parliament, the government gave in to the pressure and suspended the operation. The contending claims by the government and stakeholders boils down to a category of resource use conflict which gives rise to interesting dimensions taking into account the fact that ownership of resources in Tanzania is vested in the government (in some cases in the President) as Trustee of the resources by the law, the beneficiaries being the citizens. The government maintained that it has a duty to ensure that wildlife resources, in this case elephants, are protected for, inter alia, the beneficiaries - the present and future generations. These claims bring to the fore emerging paradigms in the human-wildlife conflict (as contemplated by the law) not previously envisioned. This Chapter probes into these contending claims in the context of the legislative and institutional framework and the emerging paradigms in the human-wildlife conflict discourse.
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    Engaging Women in the Extractive Sector: A Review of Tanzania’s Policy and Legislative Framework
    (Tanzania Journal of Development Studies, 2020) Majamba, Hamudi
    This article provides an in-depth analysis on the extent to which women are involved in the decision-making chain in the extractive sector (both informal and formal) in Tanzania. Its specific focus is on the legal and policy framework that has been put in place, taking into account both the traditional and non-traditional extractive sectors. Regarding the traditional sector, attention has been placed on oil, gas, and minerals. The non-traditional extractive sector, on the other hand, covers natural resources other than oil, gas, and minerals. Its thesis is guided by three main assessment criteria to benchmark women’s participation or/and engagement in the extractive sector in the traditional and non-traditional extractive industries: law, policy, and claimed space. The article reveals that the legal and policy framework governing the extractive sector does not guarantee effective participation of women. The article recommends that the legal and policy framework be amended to address this anomaly.
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    Environment & Natural Resources Law
    (Mkuki na Nyota Publishers, 2004) Majamba, Hamudi I.
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    Environmental Law Compendium
    (University of Dar es Salaam Press, 2023-05-02) Majamba, Hamudi
    This Compendium provides a collection of concise but detailed information and materials primarily targeted for the Environmental Law Course offered to undergraduate students in the Bachelor of Laws (LL.B.) Programme at the University of Dar es Salaam School of Law. The materials include court cases and statutes from a wide range of branches of environmental law from different jurisdictions in general and Tanzania in particular. It also provides references and additional information on environmental law principles, norms and rules that exist in various legal instruments at the national, regional and international levels. Important decisions of courts of law at the national, regional and international levels that have expounded on the principles and norms are also provided. Scholarly works by renowned authorities, reports and studies on different aspects of environmental law have also been brought to the fore. It is hoped that this Compendium will make it easier for the law students and researchers to have a clearer understanding of Environmental Law. This will enable them to easily trace leading precedents and authorities in the course of understanding the subject. Diligent students and researchers should be in a position to follow up on the list of references provided for by the authorities on the subjects and also the precedents referred to in cases that are cited in the Compendium. This would certainly provide them with a more comprehensive understanding of the issues raised or discussed. It will also be useful to follow up and keep abreast of developments on the laws and cases to have an update on any changes to the laws and court decisions in various jurisdictions.
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    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, John
    Tanzania 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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    Guide for New Academics at the University of Dar-es-Salaam School of Law
    (University of Dar-es-Salaam School of Law, 2018) Majamba, Hamudi