Department of Private Law

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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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    Tanzania’s Oil and Gas Industry: Legal Regime, Management and Access Rights
    (2016-02) Majamba, Hamudi; Majamba, Hamudi; Majamba, Hamudi
    This article examines the extent to which the legal and management framework governing the rapidly developing oil and gas industry in Tanzania provides access rights to key stake- holders. The focus on management and access rights has been confined to rights to access the resource by the government, the private sector and the local communities. The article sets out the historical context that is necessary for a thorough understanding of the development of the industry and the legal and regulatory framework put in place by the government to address issues of management, to access rights and to control of the industry. The analysis focuses primarily on the provisions of the recently enacted laws, the Petroleum Act, the Oil and Gas Revenue Act and the Extractive Industry Transparency and Accountability Act. These laws were passed towards the end of 2015 in a charged session of the Parliament of the United Republic of Tanzania which was the last before the grueling National Elections that followed. Members of the opposition Parties in Parliament had cried foul, alleging that citizens had been hood-winked arguing that the process of presenting the Petroleum Bill had been unnecessarily fast-tracked.1 In the context of access rights by the government, the article’s primary focus is on the legislative framework governing access to the oil and gas subsector by the government. The main focus is on Tanzania Mainland. However, in the process of analysing access rights of government, the article also brings to the fore the controversial issues relating to access rights and control of oil and gas resources between the governments of Tanzania Mainland and Zanzibar.
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    Legal Research Compendium
    (University of Dar es Salaam Press, 2023-05-02) Majamba, Hamudi; Majamba, Hamudi; Majamba, Hamudi
    This Compendium provides a collection of concise but detailed information and materials primarily targeted for the Legal Research Course offered to undergraduate students in the Bachelor of Laws (LL.B) Programme at the University of Dar es Salaam School of Law.1 The materials include national legislation and policies, books, journal articles and cases from a wide range of branches of legal research. It also provides references to critical policies, guidelines and rules of the University of Dar es Salaam that have a bearing on research. Additional information on legal research issues reflected in various legal instruments, where applicable, at the international and regional levels are also provided.It is hoped that the Compendium will make it easier for Law students and researchers in this branch of law to better understand this critical area for law studies and practice. This will, hopefully, enable them to easily trace critical references, sources and authorities in the course of understanding research in the legal discipline. Diligent students and researches should be in a position to follow up on the list of references provided for by the authorities on the subjects 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 decisions in various jurisdictions that have a bearing on legal research.
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    Judicial Approaches in Plagiarism Litigation: Lessons for Universities in East Africa
    (UDSM & DUCE, 2022-12-12) Majamba, Hamudi; Majamba, Hamudi
    The escalation of plagiarism in universities and subsequent litigation by postgraduate students seeking to challenge universities’ decisions through courts of law worldwide are noticeably increasing. This article reviews trends in plagiarism related litigation involving postgraduate students in universities in East Africa. The focus is on select universities in Kenya, Uganda and Tanzania. The objective is to determine the approaches that courts of law in the region and those in other jurisdictions have adopted in developing legal principles in the course of determining plagiarism related litigation. The recommendations advanced seek to assist courts in the region to determine cases in accordance with emerging and well-defined legal principles on plagiarism amplified in numerous precedents. The exposition will also hopefully assist university authorities to discharge their respective roles more effectively and diligently in the course of dealing with plagiarism related disciplinary cases. Potential student litigants will also be in a better position to make logical and informed choices with confidence on decisions arrived at by universities.
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    Mafunzo Kwa Wanavijiji Kuhusu Sheria Zinazohusu Usimamiaji Wa Maliasili Kwa Jamii
    (2001-07) Majamba, Hamudi; Macha, Theo; Mshana, Ebenezer
    Katika 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.
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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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    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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    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, 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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    Harmonization of Laws in the East African Community: The State of Affairs with Comparative Insights from the European Union and Other Regional Economic Communities
    (Law Africa Publishers (K) Ltd, Nairobi, 2016) Majamba, Hamudi; Döveling, Johannes; Oppong, Richard; Ulrike, Wanizek
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    Scientific, Legal and Socio-Economic Aspects of Oil and Gas in Tanzania
    (University of Dar-es-Salaam, TATAKI, 2018) Majamba, Hamudi; Kweka, Opportuna
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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
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    Legislative Frameworks for Implementing REDD+: The Case of Forest Governance and Management in Tanzania
    (Journal of African and International Law, 2012) Majamba, Hamudi; Majamba, Hamudi; Majamba, Hamudi
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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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    The Paradox of the Legislative Drafting Process in Tanzania
    (Oxford University Press, 2019) Majamba, Hamudi
    This article provides a critical analysis of the procedure for drafting laws provided for under the legal framework of Tanzania. It is premised on the general perception that the law-making function in Tanzania, like other jurisdictions in the Commonwealth, is vested in Parliament, through the doctrine of supremacy of Parliament. The analysis focuses on the Standing Orders of the Parliament of the United Republic. The Orders provide for the main legal regulatory regime governing the conduct of business in the august House, including the drafting of legislation. In the process, the article brings to the fore other salient features of the provisions of the Standing Orders, previously unknown to many. The article’s focus is on Tanzania Mainland. It does not address the legislative drafting process in Zanzibar, the other part of the Union. Under the framework of Constitution of the United Republic of Tanzania of 1977, Zanzibar has a separate and distinct regime governing legislative drafting. The main conclusions drawn from the analysis point out that contrary to popular belief, in practice, the overall framework law governing the legislative drafting process and its underlying policy vests the power of law making almost entirely in the Executive and not the Parliament.
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    Implementing the East African Community Legislative Framework on Management of Environment and Natural Resources
    (The African Review, 2018) Majamba, Hamudi; Majamba, Hamudi
    The East African Community (EAC) is an intergovernmental regional economic community comprising six Partner States, namely the Republics of Burundi, Kenya, Rwanda, Uganda, South Sudan and United Republic of Tanzania. These States are endowed with diverse natural resources. They also share some resources such as water sources and wildlife. The EAC came into existence upon signing of the Treaty for the Establishment of the East African Community in 1999. This Treaty provides for cooperation of the Partner States in all walks of life including management and sustainable utilization of natural resources and the environment. The EAC has in place a Protocol on management of the environment and utilization of natural resources (the Protocol). The Protocol requires integration of the policy, legal and institutional frameworks at both regional and municipal levels. This is because the linkage between regional law and municipal laws on environ-mental management and sustainable utilization of resources is critical to the sustainable conservation of resources. Further to this directive, each Partner State has made some effort to tailor its policies, laws and institutions to comply with the objectives of the EAC. Literature on the extent to which EAC laws have been implemented in Partner States with regard to the utilization of natural resources and environmental management as directed by the Protocol is scanty and difficult to come by. This chapter analyses the adequacy of the legislative initiatives that the EAC Partner States have taken to implement the clarion call by the EAC Treaty to coordinate their joint efforts in ensuring sustainable management of environment and natural resources in the region. The analysis does not cover all the five EAC Partner States. It has purposely been confined to Kenya, Uganda and Tanzania. This bias has been necessitated by a number of factors, including the historical evolution of the EAC and limitation of time and resources. Data for the study was obtained from field work in the select Partner States where interviews were conducted with key informants in Kampala, Nairobi, Dar es Salaam, Arusha and Dodoma. Respondents were asked about a wide range of issues. These included the extent to which domestic legislative and institu-tional regimes accommodate the EAC Community law in environment and natural resources management, and initiatives that have been put in place at the regional level to ensure implementation of the Protocol. They were also asked about factors they considered could impact on sustainable management and utilization of the environment and natural resources in EAC Partner States. A review of the available literature on the subject, including a critical analysis of the relevant policy, institutional and legislative frameworks was undertaken before the field workThe overall findings suggest that concerted efforts have been made by the selected EAC Partner States implementing the objectives of the Protocol. However, these initiatives have encountered diverse challenges which have been identified and discussed. Recommendations are put forward which have a bearing on opportunities for enhancing regional economic integration in general, and on how to overcome the challenges in the context of the EAC. It is hoped that the study will provide an impetus for more comprehensive studies covering the subject in all the five Partner States of the EAC.
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    New Horizons in Protecting Zanzibar’s Environment: an Examination of the Environmental Management Act, 2015
    (The African Review, 2020-01) Majamba, Hamudi
    The promulgation of the Environmental Management Act, 2015 of Zanzibar is a relatively new development. It has ushered optimism in the environmental management and protection realm in Zanzibar. The Act repeals and replaces the framework Environmental Management and Sustainable Development Act of 1996. Ostensibly this development seeks to reflect the Revolutionary Government of Zanzibar’s (RGZ) concerted effort to address the rampant environmental degradation on the Isles by taking into account a number of developments at the international and local levels. The article provides a critical analysis of the new Act by, inter alia, making some comparisons with the repealed framework law. Its main thesis posits that although the intention of the RGZ is plausible, the new law is not an inviolable recipe for addressing the major challenges of environmental degradation facing the Archipelago.