Tanzania (TGCL)

Interdisciplinary Research Workshop on Regional Integration in Dar es Salaam

The Tanzanian-German Centre for Eastern African Legal Studies (TGCL) recently hosted an international interdisciplinary Research Workshop in Dar es Salaam. This workshop marked the start of a large-scale research project entitled “Steering Regional Development through Regional Economic Communities in Africa: Legal, Economic and Political Instruments”. The project was officially launched by the Minister of Justice and Constitutional Affairs of Tanzania, Hon. Professor Dr Palamagamba J. Kabudi, in the course of the workshop

Within this newly established research project, 34 researchers from Benin, Burundi, Germany, Ghana/Canada, Kenya, Nigeria/South Africa, South Africa, Tanzania, Uganda and Zimbabwe will work together to analyse current issues of African Regional Economic Communities. The focus lies on the institutional setup of these communities, the implementation of community law on the national level as well as on harmonisation of laws. It is a unique feature of the project that researchers from the disciplines of law, economics and political sciences will cooperate to enrich their respective perspectives with interdisciplinary insights.

The project is funded by the Germany Ministry of Economic Cooperation and Development (BMZ) from March 2017 up to December 2018. It is jointly carried out by the University of Bayreuth and the University of Dar es Salaam School of Law. The leadership team comprises Mr Johannes Döveling (Bayreuth, Project Leader), Dr Daniel Shayo (Dar es Salaam, Project Coordinator) and Mr Petro Protas (Dar es Salaam, Assistant to the Coordinator).

More information on the project (in German).

Researchers from all over Africa and from Europe participated in the Research Workshop.
Minister of Justice Hon. Prof. Kabudi launched the Research Project.

TGCL Welcomes New LLM and PhD Students

The Tanzanian-German Centre for Eastern African Legal Studies (TGCL) inaugurated its new academic year 2016/17 with a formal opening ceremony on 3 October 2016. At this event, 15 new LLM students and two new PhD students were received by Dr Evaristo Longopa, University of Dar es Salaam School of Law, by TGCL student adviser Hon. Dr Steven Bwana and by the TGCL management team, consisting of Mr Johannes Döveling, Ms Carolin Herzog and Ms Mary Mgaya.

After words of welcome by Dr Longopa on behalf of the Dean of the School of Law, Mr Johannes Döveling gave an overview on the TGCL and its activities. Student adviser Hon. Dr Steven Bwana followed with a few words of advice, pointing out the crucial role of integer and well-trained lawyers for the East African societies. After introducing the students to the Academic Programme 2016/2017, Ms Carolin Herzog briefly reported on the planned study trips to one of the capitals of the East African Community and to Europe. After a question and answer session the event found a successful conclusion in a joint lunch.

Out of the 17 newly admitted students, one is from Burundi, five are from Kenya, two from Rwanda, five from Tanzania and four from Uganda. Up until today, the TGCL has admitted 128 students to its study programmes, whereas half of them originates from outside of Tanzania.

TGCL Opening Ceremony

TGCL Autumn University 2016

This year, as in previous years, a group of East African master’s and PhD students of law from the Tanzanian-German Centre for Eastern African Legal Studies (TGCL) were able to undertake a study trip from 4 to 16 September 2016 under the leadership of the TGCL manager, Johannes Döveling, visiting first Bayreuth and then Nuremberg, Berlin and Brussels.

This study trip to Europe has been an annual event since 2010. It enables the participants to expand their theoretical knowledge and to make comparisons between the legal systems of East Africa and Europe. In addition to lectures on German law at the University of Bayreuth, the programme included visits to the regional court and the district court in Bayreuth, and to the Town Hall, where the Mayor, Thomas Ebersberger, welcomed the students and explained to them how municipal councils function within the German state structure.

 

Students of the TGCL and Thomas Ebersberger
TGCL student group with second Mayor Thomas Ebersberger

 

In Berlin, the students were able to speak with officials at the Federal Foreign Office, the Federal Ministry of Justice and Consumer Protection, and the Federal Ministry of Economic Cooperation and Development. A special highlight was a visit to the German Parliament (Bundestag), where Dr. Silke Launert, a member of the German Parliament, explained to the students how the German Parliament works and engaged in a lively discussion with them. The group also met PhD students from the South African-German Centre for Transnational Criminal Justice at Berlin’s Humboldt University, and were able to exchange views with them and discuss their respective research projects.

 

Students of the TGCL and Dr. Silke Launert
At the German Parliament with MP Dr. Silke Launert

 

Since 2014, the study trip has also included a visit to Brussels, which allows the students to make direct comparisons between the working of the European Union and that of the East African Community (EAC). In addition to an informative lecture in the European Parliament, the students were given talks at the European Commission on the European Single Market and on Competition Law. They also enjoyed a visit to the Embassy of the Republic of Kenya, where they were received by the Deputy Ambassador, Ms. Mechtilde Musula. She explained the special duties of an East African Ambassador to the European Union, in particular representation on bilateral and multilateral levels. The trip ended with an invitation to visit Transparency International. There, Edward McMillan gave the students an overview of the strategies followed by this NGO for combating corruption.

 

TGCL Autumn University 2016
TGCL students with Ms Patricia Hamel at the Representation of the Free State of Bavaria to the European Union

 

In their feedback, the participants expressed their great satisfaction with the organisation of the study trip. Of particular interest to them was the fact that judges can make their decisions impartially in the pursuit of justice, free of any political influence. In the light of increasing decentralisation, the students also found it very useful to gain insights into the German federal system and the governance structures of multi-level systems.

Visit of Members of the Tanzanian-German Centre for Eastern African Legal Studies to the South African-German Centre for Transnational Criminal Justice

On Monday, 12 September 2016, members of the Tanzanian-German Centre for Eastern African Legal Studies visited the South African-German Centre for Transnational Criminal Justice at the Faculty of Law Humboldt-Universität zu Berlin. With a delegation of 19 participants comprising the project manager, project assistant, student assistant, a PhD candidate and fifteen LLM students, the group was received by the course coordinator and three PhD candidates of the South African-German Centre.

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The deliberations started with a short introduction of the participants and a general overview of their research projects. The LLM students of the Tanzanian-German Centre presented their research, due to the fact that they were at the final stages, an analysis of their individual thesis  and a summary of their findings was communicated  to the group. This brought up a variety of interesting issues in the various fields of their research including, amongst others, international criminal law, human rights and good governance, economic aspects of regional integration and refugee law in the East African context.

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Additionally, the doctoral candidates of the South African-German Centre also had the opportunity to provide an overview of their research in the area of international criminal law and transitional justice, the progress of their research and the outlook for its conclusion. Each doctoral candidate presented an analysis of selected important issues of their research dealing with the relation of the International Criminal Court and Palestine, the role of transnational terrorism in international criminal law and an evaluation of the Red Terror Trials in Ethiopia in the context of the prosecution of politicide. Consequently, this led to a period of intense question and answer, particularly on some of the more controversial issues in their research areas and some of the issues raised in the presentations.

The official discussions ended on a very high note and many of the participants continued private discussions on some of the contentious issues after the deliberations were officially closed.

The Role of Competition Law in Regulating the Railway Sector in Kenya: A Study of the SGR Project

Abstract to an LL.M. Dissertation

The Kenyan Government, like other governments, took up the task of reforming its railway sector to create room for private investors’ participation. This was done by way of an amendment to the Kenya Railways Corporation Act, 1978 which saw the introduction of section 11A to allow for concessions. Despite this development, the actual participation of private investors remains at its minimal with the Kenyan Government retaining dominance in the sector. This state of affairs points to a disconnect between statutory provisions and the reality on the ground with respect to the actual implementation of an open railway market in Kenya. Surprisingly, even with the flagship of the Standard Gauge Railway Project under the new railway regime which opens up the sector to competition, the government continues to abuse its dominance by restricting entry into the sector. Such were the circumstances that necessitated this study to establish the cause for this disconnect in the law and the implementation of an open railway market in Kenya. 

In undertaking this study, both field research and documentary review were employed. Interviews proved a dependable tool in the field study. Findings from each methodology employed were subsequently analyzed against the objectives of the study and the set hypotheses.

In finality, the study establishes a number of bottlenecks in the legal and institutional framework and concluded that the implementation of an open railway market in Kenya remains a fluid concept with the government showing minimal commitment to enabling private investors’ participation. Thus, the research recommends reforms in the legal and institutional framework to loosen these bottlenecks in order to facilitate an efficacious implementation of the Standard Gauge Railway project under a liberal railway regime.

Seminar on East African Community and Comparative Regional Integration Law

In March 2016 the Tanzanian-German Centre for Eastern African Legal Studies (TGCL), one of East Africa’s leading think-tanks on regional integration law, organised a three-day Seminar on East African Community and Comparative Regional Integration Law. The participants drew from various East African law faculties, from non-governmental organisations as well as from law firms.

It was a unique feature of the seminar that it discussed the East African integration process from a comparative perspective. This enabled the participants to gain additional and transferable insights into the functioning of regional integration. Whereas Dr Wanyama Masinde from the Catholic University of Eastern Africa in Kenya gave an overview on the law of the East African Community, Professor Jörg Gundel from the University of Bayreuth in Germany, which is the TGCL partner university, discussed the relevant legal aspects from the European perspective. Professor Richard Oppong from Ghana, who is teaching at the Thompson Rivers University in Canada, looked at the legal regimes of various regional economic communities in Africa. Finally, Professor Palamagamba Kabudi from the University of Dar es Salaam analysed aspects of East African Community Law from the Tanzanian national perspective.

This seminar was conducted in a highly participatory manner. Each resource person was given about 30 minutes of presentation. This was followed by questions, discussions and inputs which largely added value to the seminar and knowledge of participants. Discussions centered on the need for having a more workable regional cooperation. A call for harmonisation of the laws of the East African Partner States, policies and practice was made with a view to facilitating the operation of the customs union, common market, monetary union and the proposed political federation. There was also a call for the establishment of mechanisms within the EAC to solve all actual and potential conflicts among or between partner states that may threaten the East African cooperation.

There was also an in-depth presentation and discussions on the EAC institutions, especially on the role of the East African Court of Justice in the integration process. It was noted that there is a need for advocates within the EAC countries to familiarize themselves with the Court’s Rules and Procedures to enable them to utilise the services of the Court with a view to ensuring that growth among member states is balanced.

 

 

The Tanzanian-German Centre for Eastern African Legal Studies (TGCL)

The programme of the Tanzanian-German Centre for Eastern African Legal Studies focuses on regional integration law with a special emphasis on the law of the East African Community. The Centre offers a LLM as well as a PhD programme. Each year a limited number of scholarships can be granted to qualified students from all partner states of the Eastern African Community. The german Partner is the University of Bayreuth.

To read more click here: https://www.african-excellence.de//centres/tanzania/eastern-african-legal-studies/