Tanzanian-German Centre for TGCL Eastern African Legal Studies at the University of Dar es Salaam School of Law in cooperation with the University of Bayreuth TGCL bulletin 2016 BULLETIN 2016 TANZANIAN-GERMAN CENTRE FOR EASTERN AFRICAN LEGAL STUDIES (TGCL) AT THE UNIVERSITY OF DAR ES SALAAM SCHOOL OF LAW IN COOPERATION WITH THE UNIVERSITY OF BAYREUTH CREDITS EDITORIAL TGCL BULLETIN 2016 DEAR READER, PUBLISHER Tanzanian-German Centre for The role of the Tanzanian-German Centre for Eastern African Legal Studies (TGCL) Eastern African Legal Studies (TGCL) as an East at the University of Dar es Salaam African think-tank in the field of legal integra- School of Law in cooperation with tion and harmonisation in Regional Economic the University of Bayreuth Communities was further consolidated through www.tgcl.uni-bayreuth.de a variety of activities during the academic year CONTACT under review. TGCL The TGCL students had the opportunity to visit University of Dar es Salaam the seats of two Regional Economic Communi- School of Law ties (RECs), first that of the East African Com- PO Box 35093 munity (EAC) in Arusha, Tanzania, during the TGCL study trip in March Dar es Salaam, Tanzania tel +255 22 278 1422 2016, and second that of the European Union (EU) in Brussels, Belgium, [email protected] within the TGCL Autumn University in September 2016. This gave the students the opportunity to compare the two RECs on the basis of their TGCL own, first-hand information. A solid academic background for this had University of Bayreuth already been provided through courses and seminars on regional inte- 95440 Bayreuth, Germany gration law, EAC law and EU law. tel +49 921 55-4328 Similarly, a comparative approach to the law of RECs was the central [email protected] issue in an advanced legal training seminar. This was organised by the EDITORIAL BOARD TGCL and the University of Dar es Salaam School of Law in March 2016 Johannes Döveling for both practising lawyers and academics. Apart from the EAC and the Naomi Gichuki EU, other RECs in Africa and beyond were covered by the four resource Carolin Herzog persons, who were able to present the specific national perspectives of Antidius Kaitu different member states. Hamudi I. Majamba Benedict T. Mapunda The commitment and enthusiasm shown in these and other activities Petro Protas by students, academics and practitioners are an encouraging basis for Goodluck Temu the TGCL’s sustainability and its promising future role in the Eastern Ulrike Wanitzek (editor-in-chief) African region. More details can be found in the following pages. I wish you an enjoyable read. PROOFREADING Ruth Schubert LAYOUT Yannick Tylle Prof. Ulrike Wanitzek PHOTOGRAPHS TGCL Project Leader TGCL Phase9/CC BY (p. 7) © 2016 TGCL 2 TGCL bulletin TGCL Study Programme The 2015 LLM and PhD students eagerly looking forward to their study programme. TGCL STUDY PROGRAMME 2015/2016 The academic year for the 2015/2016 TGCL LLM students started on 31 October 2015. This was only six days after the Tanzanian General Election of 2015. Our group, with students originating from all the six Partner States of the East African Community, therefore witnessed an important political period in one of these states. In the course of the academic year, four core peal and TGCL Student Adviser, Dr Steven J. courses and three optional courses, from which Bwana. A TGCL Postgraduate Students Research students were required to choose two, were at- Seminar was held on 9 and 10 May 2016 by tended by the LLM class. Therefore, each stu- Dr Tomasz Milej. Professor David Stadelmann dent attended a total of six courses and thus, of the Faculty of Law, Business and Economics, according to the Tanzania Commission for Uni- University of Bayreuth (Germany), conducted a versities, met the required 180 credits in order to seminar on Economic Analysis and Policy on graduate as master of laws in Tanzania. The core 25 August 2016. courses were East African Community Law, Law In March 2016, the group paid a visit to the of Economic Integration, a Graduate Research headquarters of the Prevention and Combat- Seminar and a dissertation while the optional ing of Corruption Bureau (PCCB) in Dar es Sa- courses were Refugee Law, Citizenship Law and laam and learned how the bureau executes Human Rights Law. the duty of fighting corruption in the country, Apart from these University courses, students including the challenges faced and the suc- had the opportunity to benefit from several ad- cess achieved. Of special interest was a pres- ditional programme components. One of them entation by Mr Valentino Mlowola, the Director was the course on ‘German as a Foreign Lan- General of the PCCB, on how the bureau co- guage’. Other components included seminars on operates with other countries within the East Transferable Academic Skills held by Professor African Community, the Commonwealth, the Bart Rwezaura in November 2015, and on Trans- African Union and the United Nations in the ferable Professional Skills held from November fight against corruption. 2015 to June 2016 by Retired Justice of Ap- (Petro Protas) 2016 3 TGCL Students 2015 LLM AND PHD STUDENTS & DISSERTATIONS DOREEN AINEMBABAZI (UGANDA) MOHAMMED RUKIDI MPUGA (UGANDA) Limitations to the Free Move- Refugee Law and Policy in Ugan- ment of Labour in the East Af- da and Tanzania: Implications for rican Community: An Analysis the EAC Political Federation of Uganda’s Commitment to the Common Market Protocol Supervisor: Dr T. Milej Supervisor: Dr E. Longopa EDWIN PANTALEO BILIKUNDI (TANZANIA) ESTHER MWAKA MUPE (KE NYA) Women’s Land Rights in Moshi The Efficacy of the Principle of Rural District Non-Refoulement in Light of Counter-Terrorism: A Case Study of Kenya Supervisor: Prof. G. M. Fimbo Supervisor: Dr J. Masabo ELLA LISETTE IRADUKUNDA (BURUNDI) TERESIAH MUTHONI (KE NYA) Limitations to Freedom of the Legal Representation in Civil Liti- Press in Burundi in Time of Crisis: gation for Indigent Litigants in Challenges and Effects East Africa: A Case of the Kenyan Judicial System Supervisor: Dr E. Longopa Supervisor: Prof. N. N. Nditi MARION KYOBURUNGI (UGANDA) STELLA NAKWANYI NALWOGA (UGANDA) The Role of Legal Knowledge in Effectiveness of Sectoral Legisla- Combating Child Abuse in the East tions and Regulators in Control- African Community: The Case of ling Anticompetitive Practices in Uganda the Insurance Industry in Uganda and Kenya Supervisor: Prof. L. P. Shaidi Supervisor: Prof. N. N. Nditi FLEMING OMONDI LUMUMBA (KE NYA) STEPHEN NELSON (SOutH SUDAN) The State of Implementation of the Promoting Rule of Law in the Re- East African Community Protocol public of South Sudan: Analysing on the Customs Union by Kenya the Challenges to the Right to Life and Tanzania Supervisor: Prof. K. C. Kamanga Supervisor: Dr S. F. Materu 4 TGCL bulletin TGCL Students THEOPHILE NTAMAKIRIRO (RW ANDA) PROVIA AKINYI ODHIAMBO (KE NYA) Combating Smuggling of Goods: The Role of Competition Law in A Case Study of Rwanda Regulating the Railway Sector in Kenya: A Case Study of the Standard Gauge Railway Project Supervisor: Dr T. Milej Supervisor: Dr B. Kanyabuhinya PATRICK DIDIER NUKURI (BURUNDI) PETRO PROTAS (TANZANIA) Promoting Governments’ Ac- Legal Challenges Relating to Mul- countability in the EAC: A Case timodal Transport in East Africa: Study of Burundi A Case Study of Tanzania and Rwanda Supervisor: Dr S. Mwakaje Supervisor: Prof. A. M. Mapunda CHARITY NYOMBE (SOutH SUDAN) EVELYN HAppY KATONO (UGANDA) Upholding the Principle of Judi- Protection of Refugees’ Right to cial Independence in the Repub- Work in East Africa: Case Study lic of South Sudan: Challenges of Uganda (PhD) and Prospects Supervisor: Prof. J. L. Kanywanyi Supervisor: Prof. H. I. Majamba The Student Representative for the academic year 2015/2016 is Mr Petro Protas. SEMINAR ON REGIONAL COMPETITION LAW ENFORCEMENT A seminar entitled ‘Key Issues in Regional Com- Roberts (Centre for Competition, Regulation and petition Law Enforcement in East Africa’ took Economic Development, University of Johannes- place on 6 April 2016 at the University of Dar burg), Dr Onesmo Kyauke (University of Dar es es Salaam School of Law, organised by Dr habil. Salaam School of Law) and Ms Faith Othiambo Tomasz Milej. The speakers were Prof. Simon (University of Nairobi, Faculty of Law). 2016 5 Inside the TGCL The new TGCL library on Mikocheni Campus TGCL’S MOVE TO MIKOCHENI CAMPUS provides a calm and spacious working At the beginning of 2016, the TGCL moved from researchers. The offices of the TGCL Coordinator environment. the main campus of the University of Dar es and his staff are located in the same building, Salaam to Mikocheni campus, along Bima Road, with additional offices for research project staff which is a few kilometres east of the main cam- located in the neighbouring building. The teach- pus in the Mikocheni area. Mikocheni campus is ing block contains a lecture room especially situated at the former National Insurance College available for TGCL courses and other events. (NIC), also known as Bima (the Kiswahili word Prior to moving to this campus, TGCL conducted for insurance). With this move, the TGCL joined intensive renovation work in order to be able to the Taught LLM programmes of the University of run its daily activities comfortably. Student ac- Dar es Salaam School of Law with the intention commodation is available in a building close to of partially participating in these programmes. the TGCL office, which is especially helpful for They include the Taught LLM in Corporate and the international TGCL students. Commercial Law, Taxation, Procedural Law and The 2016 move to Mikocheni opened a new International Legal Practice, and Migration and chapter in TGCL operations. Our students, both Refugee Law. national and foreign, are studying in a more com- The campus is spacious with a calm atmosphere fortable environment.