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Law and Justice in Tanzania by Chris Maina Peter,Helen Kijo-Bisimba Pdf
The essays collected in this volume examine the development of democratic and human rights practices while evaluating the performance of the Appeals Court for the past twenty-five years.
Rule of Law vs. Rulers of Law. Justice Barnabas Albert Samatta's Road To Justice by Issa Shivji,Hamudi Majamba Pdf
Mr. Justice Barnabas Samatta retired from the Bench in July 2007 after a distinguished legal career spanning 41 years. Of the four decades of active life, he was a State Attorney, half of which he was the Director of Public Prosecutions. For the rest of the period, he was at then bench of the High Court of Tanzania and ten years in the Court of Appeal. At his retirement, he had spent seven years as Chief Justice of the country, thus at the helm of one of the three branches of the State. This book reproduces some of the leading judgements written by Justice Samatta. It highlights, in a critical fashion, some of his beliefs and observations as embedded in his decisions and speeches. This is to celebrate him as an example of an ethical lawyer whose integrity cannot be questioned, making him a worthy model for the younger generation to emulate and draw inspiration from. Justice Samatta's decisions touched on key areas of: Rule of Law and the Consitution, where he emphasised that the constitution crystallises a consensus among citizens as to the nature and character of their polity and governance; Access to Justice, about which he believed that the doors to justice should be opened to all regardless of their station in life or economic position; Ethics, Integrity and Professionalism where he frequently quoted Nyerere 'There are some jobs in our society that can be done by unethical people...Being a judge or a magistrate is not one of these jobs...'; and Environmental Law where he argued 'The vulnerability of our planet has reached such a depressing degree that there is no greater service judges can render to mankind than playing their role in the protection of the environment...' He summarised his life-long conviction by saying: 'Let everyone in our society give justice a chance to prevail'.
Human Trafficking Under International and Tanzanian Law by Nicksoni Filbert Kahimba Pdf
This book deals with the problem of human trafficking in Tanzania in the light of international law and considers human trafficking as both a criminal offence in Tanzania and a human rights violation within international law in general. The book broadens the reader's understanding of the subject of human trafficking and Tanzania's legal approach to the issue and allows the reader to grasp Tanzania's anti-trafficking piecemeal efforts from the 1970s onwards, the reasons that made Tanzania ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and Tanzania's National Assembly's deliberations regarding the enactment of the Anti-Trafficking in Persons Act of 2008 and the impact those deliberations have had on the current legal framework of Tanzania. It provides a firsthand critical analysis of the Tanzania anti-trafficking law, pointing out its strengths, weaknesses and areas for improvement in a comprehensive manner such as has never been attempted before. The book shares many tips and even insights on how to read and apply Tanzania's 2015 Anti-Trafficking Regulations in relation to the main law harmoniously. It also offers complete instructions for common-law practitioners, court personnel, researchers and other anti-trafficking personnel on how to investigate and prosecute human trafficking, prevent trafficking, both lawfully and from occurring, as well as assist victims of human trafficking and protect their human rights. Nicksoni Filbert Kahimba is a doctoral researcher in the Faculty of Law of the Humboldt Universität zu Berlin in Berlin, Germany.
Gender, Justice, and the Problem of Culture by Dorothy L. Hodgson Pdf
An analysis of the relationships between law, custom, gender, marriage and justice among northern Tanzania’s Maasai communities. When, where, why, and by whom is law used to force desired social change in the name of justice? Why has culture come to be seen as inherently oppressive to women? In this finely crafted book, Dorothy L. Hodgson examines the history of legal ideas and institutions in Tanzania—from customary law to human rights—as specific forms of justice that often reflect elite ideas about gender, culture, and social change. Drawing on evidence from Maasai communities, she explores how the legacies of colonial law-making continue to influence contemporary efforts to create laws, codify marriage, criminalize FGM, and contest land grabs by state officials. Despite the easy dismissal by elites of the priorities and perspectives of grassroots women, she shows how Maasai women have always had powerful ways to confront and challenge injustice, express their priorities, and reveal the limits of rights-based legal ideals. “This is a book that only Dorothy Hodgson could have written, with her decades of work in Tanzania, vast networks in Maasailand, and deep ethnographic knowledge, combined with her deftness in working through more theoretical work on gender and human rights. Closely argued, conceptually sharp, and engagingly written.” —Brett Shadle, author of Girl Cases: Marriage and Colonialism in Gusiiland, Kenya, 1890-1970 “Dorothy Hodgson asks a number of important and clearly articulated questions, and provides thoughtful answers to them using a hybrid of historical and anthropological methodologies that combine in-depth case studies with more empirically-informed macro-level reflection. A concise and useful resource in the undergraduate as well as the graduate classroom.” —Priya Lal, author of African Socialism in Postcolonial Tanzania: Between the Village and the World “Gender, Justice, and the Problem of Culture makes a significant contribution to the study of law in East Africa and elsewhere among colonized peoples, and it should be required reading not only for academics interested in such matters but for activists and policymakers.” —American Anthropologist “Hodgson’s book is both rich in detail and broad in its implications for understanding struggles for justice for marginalised groups. It deserves the attention of students and scholars of African studies, anthropology, history, political science and women’s and gender studies.” —Journal of Modern African Studies
Building the Rule of Law by Jennifer A. Widner Pdf
Celebrates the life and work of Francis L. Nyalali who served as Chief Justice of Tanzania from 1976 and 1999 and is responsible for erecting an independent judicial system.
Administrative Law in Tanzania. A Digest of Cases by D. Chipeta Pdf
Administrative law may best be defined by describing what it encompasses: it is that branch of law which deals with the individual versus governmental or administrative power. It covers court restraint of actions or inactions of public institutions, administrative processes of central and local government, parliamentary and subordinate legislat on and the means and procedures by which the rights of individuals are protected against abuse of power by public or local authorities, public corporations, tribunals and other bodies which discharge functions of public nature entrusted to them by law for the benefit of the citizen. It is hoped that this book will act as a wake-up call to all those who have been entrusted with the duty of making decisions affecting the rights of citizens to update themselves so as to discharge their duties correctly and in spirit of good governance. Administrative Law in Tanzania: A Digest of Cases covers high profile and landmark cases in topical areas of constitutional and administrative law from colonial days to present time, names, procedures in applying for prerogative remedies, constitutional principles and human rights, separation of powers between the Executive, the Legislature and the Judicature, natural justice and the rule of law, statutory ouster of jurisdiction of courts, and the right to legal representation.