Examination of the Role Played by Government in Combuting Corruption in the Judicial System in Tanzania for Past Ten Years, Specifically in the District Courts.

Only available on StudyMode
  • Download(s) : 334
  • Published : December 28, 2012
Open Document
Text Preview
TUMAINI UNIVERSITY
IRINGA UNIVERSITY COLLEGE
FACULTY OF LAW
RESEARCH PROPOSAL

RESEARCH TOPIC

EXAMINATION OF THE ROLE PLAYED BY GOVERNMENT IN COMBUTING CORRUPTION IN THE JUDICIAL SYSTEM IN TANZANIA FOR PAST TEN YEARS, SPECIFICALLY IN THE DISTRICT COURTS.

FOCUS:
IRINGA REGION

RESEARCHERS
SYLVIA.KWEYAMBA
AND
MOUREEN.MAJALIWA
SUPERVISOR

MR. TAIRO, H.

RESEARCH PROPOSAL FOR A COMPURSORY RESEARCH PAPER TO BE SUBMITTED FOR PARTIAL FULFILLMENT OF REQUIREMENTS FOR AWARD OF THE DEGREE OF BACHELOR OF LAWS (LL.B) OF TUMAINI UNIVERSITY, IRINGA UNIVERSITY COLLEGE, TANZANIA, EAST AFRICA 2008

TABLE OF CONTENTS

CONTENT PAGE 1. Introductory Remark ………………………………………………………………….3 2. Background to the Problem ……………………………………………………………. 8 3. Statement of the problem……………………………………………………………….10 4. Literature Review……………………………………………………………………… 11 5. Scope of the study…………………………………………………………………...… 15 6. Objectives of the study……………………………………………………………...…. 15 7. Research Methodology……………………………………………………………...….15 1.7.1. Documentary review……………………...………………………………...…16 1.7.2. Interview ………………………………...…………………………..……..…...16 1.8. Significance of the Study ………………………………………………………..……...17 1.9. Study Hypotheses………………………………………………………………………..17 Bibliography ………………………………………………………………………..………. 18 Index ……………………………………………………………………………………….. 22

1. Introductory Remarks:

Corruption has become a serious problem in both developed and developing countries. At recent times it can be claimed to be a worldwide problem. In developing country like Tanzania corruption has become rampant in public services sectors whereby in addition to normal charges imposed lawfully, an ordinary person is compelled to pay bribe for any service he requests. Up to now there is no universal agreed definition of the term corruption, various authors and scholars have defined corruption in different ways:

Corruption[1] can mainly be defined as misuse of public office for private gain. It encompasses unilateral abuses by government officials such as embezzlement and nepotism, as well as abuses linking of public and private actors such as bribery, extortion, influence peddling, and fraud. In social science discussions, corruption is also defined in terms of deviation from legal norms. Yet other areas may include elements of morality when defining corruption, meaning that corruption is not only a legal wrong but also a moral wrong. In that sense, definition of corruption can be so broad to cover almost every wrong form to use Nye’s words “venality to ideological erosion”.[2] Corruption arises in both political and bureaucratic offices and can be petty or grand, organized or unorganized.[3] Though corruption often facilitates criminal activities such as drug trafficking, money laundering, and prostitution, it is not restricted to these activities.

Corruption is a challenge to all nations of the world. In recognition of this fact many of them have enacted legislations to criminalize the behaviour. Unfortunately some of these legislations, including that of Tanzania,[4] do not define the term corruption. What these legislations do is to set out certain conditions and conducts and proscribe them as corrupt transactions. There are those countries, however, whose anti-corruption legislations carry a definition of the phenomenon. The New South Wales (Australia) law[5] for instance carries a broad definition whereby a corrupt conduct includes the dishonest or partial exercise of official functions by a public official. The conduct of person, who is not a public official, when it adversely affects the impartial or honest exercise of official functions by a public official, also comes within the ambit of the definition. As pointed out above, corruption can take many forms, the most common and...
tracking img