MISCELLANY

WARIOBA STRESSES MILITIA TRAINING
Prime Minister and First Vice-President Joseph Warioba has called on the Tanzania Peoples Defence Forces (TPDF) to step up militia training in order to contain incidents of burglary and crime in general. Mr Warioba, who was speaking at the Monduli Military Academy on September 24th 1988, said that in times of peace defence forces should be utilised in internal security matters. He therefore urged the TPDF to understand the new militia policy – Daily News

AN OPEN UNIVERSITY
The Daily News reports that Tanzania’s Ministry of Education has appointed a 14 man task force ‘that will be responsible for the setting up of an Open University.’ The Chairman is the former Vice-Chancellor of the University of Dar es Salaam, Mr. Nicholas Kuhanga.

PRESIDENT MWINYI AND MOTHER TERESA
As President Mwinyi’s motorcade was leaving State House to drive out for lunch on its way to the airport on October 31, 1988 the President heard that Mother Teresa, who was in Tanzania for one day to attend a ceremony in which eight new sisters of her order took their vows, was just entering the gates. He thereupon immediately demonstrated his respect for old ladies (Mother Teresa is 79) by breaking his journey and returning to State House to welcome her. Mother Teresa looked delighted by the President’s gesture. “I have nothing to give you. But this is what I have” she said. She presented the President with a statue of the Virgin Mary – Daily News

BRITAIN DOUBLES AID TO TANZANIA
Sir Geoffrey Howe visiting Dar es Salaam in September 1988 announced that British project aid would be increased to £18.0 million in the 1988/89 year, a 50% rise on the previous year. Sir Geoffrey also handed over 15 new trucks (part of a consignment of 30) for use by the Cooperative Unions in the Western cotton growing areas.

Speaking about the Economic Reform Programme at a dinner hosted by the Tanzania Government the Foreign Secretary said that he would like to salute the courage of President Mwinyi and all Tanzanians in pursuing “this hard but necessary road.”

DEALING WITH CRITICS
Zanzibar Chief Minister Dr. Omar Ali Juma has said that his government will not resort to repressive measures to deal with a clique of critics as long as actions by these adversaries do not develop into conspiracy or sedition against the state.

“The government has no intention of enacting a detention law or embark on mass arrests of dissidents because this will abort the democratisation process” he said.

The government was keeping dossiers on people engaged in anti-government activities to ascertain that their actions would not breach peace and security in the Isles – Sunday News

FIGHTING CASHEW NUT DISEASE
A fungal mildew disease of cashew nuts, known as Powdery Mildew is considered by the Ministry of Agriculture to be the main cause of the drastic reduction in cashewnut production in Tanzania from 145,000 tons in 1974 to 22,000 tons last year.

Now, in a project jointly financed by the government and the World Bank, a serious attempt is being made to check the disease. Dr. A.B. Shresta, an agronomist with the FAO has said that trials carried out in 1986 and 1987 showed that, where crops were sprayed with sulphur compounds, increases in yields of between twenty five and eighty per cent had been achieved.

According to Deputy Agriculture Minister, Amran Mayagila, large quantities of sulphur dust and blowers have been imported and a major campaign has been launched – SHIHATA

EDUCATION FOR SELF-RELIANCE – 20 YEARS AFTER

Tanzania’s Education for Self-Reliance Policy together with Universal Primary Education (UPE), both of which caught the world’s attention as the country’s proudest achievements in fighting ignorance still do not have very much to show in achievement.

The present crisis of primary school leavers, as exemplified by the flooding of urban areas with an influx of young semi-literates who cannot get a place in secondary school or fit into rural life in their villages, appears to be both confusing and compounding.

It is confusing because the introduction of self-reliance was meant to adapt pupils to the realities of a country in which 95% of the population lives in a rural environment. The education reform was also meant to be a means of slowing the rural exodus into the cities, thus lowering the unemployment rate and preparing the youth for appropriate roles in society and working towards better living.

But twenty years later the migration of youths from the villages to urban centres has increased; so has the youth’s disillusionment as they confront the growing appreciation that urban streets are not paved with gold. And along with this disillusionment the young people question and disregard the relevance of mainstream social values, leading sociologists to fear that the costs of this attitude to individuals and the nation may be monumental. What worries them is the number of those growing up with a limited and hostile sense of life. For many, they say, the future is tightly hemmed in by horizons so narrow that moving out of poverty seems unthinkable. With no capital to make a living in their villages most of these youths, some as young as fourteen, drift to urban areas where, finding no reliable source of income, they soon drift into alcoholism, drug abuse, burglary, armed robbery, stowing-away and other unbecoming behaviour like prostitution.

But in a country where education has long been considered to be one of the basic social needs and accorded a high status, the situation raises some controversial questions.

Officials blame the young people who enjoy the benefits of a free education and go on to spurn facilities which society places at their disposal. But critics think society itself is to blame as these young men and women are merely victims of circumstances and forces they cannot control. As soon as they come out of school a stark, colourless life without any support is what greets them in the poor villages. Squeezed between poverty and indifference the urban streets look like the only outlet to them.

Critics of the existing education system say the problem has been caused by ignoring actual facts in overall education planning, notably the economic structure of the country and its growth trends which limit and overestimate employment opportunities.

Ministry of Education officials however counter that the current educational and economic systems in the country clearly depict the spreading of modern agricultural methods and appropriate technology, especially in the Villages. And while UPE has raised the literacy rate from 41% to 85% and this may have resulted in a considerable gap between the appreciation of rural facilities and their availability this is an achievement and a situation which every level-headed Tanzanian has to understand rather than condemn. The officials maintain, and very rightly perhaps, that those who feel disillusioned with the current situation in the villages do so for their own selfish ends and not because of lack of government goodwill and efforts to develop them – SHIHATA

THE NATIONAL CENSUS

August 28th 1988 was Census Day in Tanzania. After months of preparation some 50,000 enumerators began updating the statistics on Tanzania’s population.

The last census was in 1978 and estimated Tanzania’s population at 17,512,610. Assuming a growth rate of 3.2% p.a. the population is now estimated at 23,997,000.

Apart from the general population census certain sections of the community were asked to provide more detailed information. Do you speak Swahili? What is the highest formal education you have received? Do you have water, electricity in your house? were among the 32 questions asked of this sample.

Many people complained that they had not been counted on Census Day. Miss Lucy Lameck, the National Census Commissar, explained that there had been problems because of rain in certain areas, shortage of forms, changes in maps and failure of some enumerators to turn up. Miss Lameck was confident however that everybody would have been counted during the following few days.

A provisional estimate of the result was expected by the end of the year. Final figures would not be available until 1992 – Daily and Sunday News

BOOMING TRADE IN OX CARTS – IMPROVED COTTON PRODUCTION

A direct link between improved cotton production in Shinyanga and the rapidly increasing popularity of ox carts has been painted out by Emmanuel Bulugu writing in a recent issue of the Sunday News.

The article explained how cotton production had dropped in the region in the mid 1970’s partly because of the villagisation programme. For peasants who wanted to continue to use plots they had previously cultivated in villages which had then been abandoned, long distances became an obstacle not only to continued cultivation of the crop but also the harvesting. The peasants did not have time to make the long journeys involved.

However, with the advent of animal drawn carts in Shinyanga, things are now changing for the better. The carts have greatly simplified transportation of the cotton from distant plots to primary cooperative societies.

The whole business is in private hands. One entrepreneur was said to have started with one cart in Shinyanga town. Each weekend he would go to town to collect the money his previously unemployed ‘driver’ had earned for him. Soon he had bought three more carts for work in the town and two which he employed in carting crops in his village. Now many others are following his example and areas previously too far away to be cultivated are coming back into production.

The carts are not being manufactured only in Shinyanga. There are now private cart makers in several urban areas including Maswa and Lalago. The carts are well constructed with pneumatic tyres on vehicle axles and expensive timber is used in their construction. Cart makers are charging Shs 50,000 to 70,000 per cart.

UNIVERSITY LINKS – THE LARGEST BUDGET IN AFRICA

The British Government’s Overseas Development Administration (ODA) makes an annual grant to the British Council specifically aimed at assisting the development of higher education in the Third World. One of the most important means currently used to achieve this aim is support for academic links with British institutions. In 1987/88 Tanzania benefitted from the largest ODA link budget in Africa.

Academic visits represent the core of the activity. This year it is planned that 47 Tanzanian staff members will be attached to departments in British universities or polytechnics for an average duration of 13 weeks. The purpose of these visits varies according to the needs of the Tanzanian department but are typically designed to exploit the facilities of the host university to advance the visitor’s research, but sometimes will also include attendance at short courses. This year it is also planned that 36 British academics will visit their link departments in Tanzania for an average duration of four weeks.

Typically they will help to advance joint research with Tanzanian colleagues, advise on curriculum development or, sometimes, teach.

The British Council provides an annual grant for most linked departments to acquire equipment in Britain. This year it averaged £3,180 per link. Books have been provided – to the value of £8,900 for the University of Dar es Salaam and £3,600 for the Sokoine University.

Links with the University of Dar es Salaam include :
University Administration – University of Bath;
Geography – University of Glasgow;
Sociology – University of Hull;
Foreign Languages and Linguistics – University of Lancaster;
Epidemiology and Biostatistics – University of Manchester;
Chemistry – University of Salford;
Commerce and Management – University of Sheffield,
Education – University of Southampton;
Statistics – University of Southampton.

There are also three academic links with Sokoine University of Agriculture:
Development Studies – University of East Anglia;
Veterinary Medicine – University of Glasgow;
Rural Economy – University of London, Wye College.

ONE OF THE NICEST AND HAPPIEST COUNTRIES

Britain’s Minister for Overseas Development, Mr, Chris Patten, has visited forty countries but considers Tanzania to be one of the ‘nicest and happiest’. He said this at a ceremony at the Ranfurly Library Service in London on December 7th 1988 to mark the 200,000th book to be sent under the ‘Textbooks for Africa Project’. This project is supported also by Rotary International, the British Council and ODA. To mark the occasion Mr, Patten handed over a copy of ‘Abbotts Physics’ to Mr, Ulli Mwambulukutu, the Minister Counsellor for Tanzania in the High Commission in London. The ceremony was held in a spacious 8,000 square-foot warehouse stacked with tea chests containing thousands more books destined for Tanzania, Malawi, Gambia, Botswana and other countries.

Mr, David Membrey, Assistant Director of the Ranfurly Library Service, explained to the Bulletin that Tanzania had been receiving books from Ranfurly ever since 1960. Some 725,000 had been sent altogether, including almost half a million within the last three years. He said that the Ranfurly Library Service was now supplying some three quarters of the books obtained by the Tanzania Library Service and large numbers were also going to schools and other institutions throughout the country.

CHINA AND TANZANIA

Some personal experiences:

On my first day in China – before the arrival of colleagues – I was free. The rest of our time in China was very thoroughly programmed.

I glanced at the telephone directory. Tanzania was mentioned only once (apart from the Embassy). The entry read ‘China – Tanzania Joint Shipping Company’. It was to be found, apparently, at Juanjiehu Beili, Building No. 7 in Chaoyangpu. I asked the hotel receptionist to write this for me in Chinese and he produced without hesitation this:

I went outside for a taxi. The driver was friendly but we had no way of communicating and soon got lost. We were in the right area of the city but, as in much of Beijing, were dwarfed by row upon row of massive apartment blocks (obtaining accommodation in such blocks, I learnt later, is the dream of most of the inhabitants of the city). All these complexes had their No 7 building. About a dozen conversations and 30 minutes later we found a much smaller building which was also No 7. But this one, to my relief and delight, had a notice on the gate in English – ‘The China – Tanzania Joint Shipping Company.’

I climbed up one flight of stairs – having made sure that the taxi driver understood that he should wait – and wondered what my reception would be. Parastatal bureaucrats are never at their most welcoming when they come face to face with a journalist wanting to ask questions, regardless of whether the journalist is an amateur or a professional. And Chinese bureaucrats do have an ‘image’ problem.

Most of the offices were empty – it was Saturday morning – but I found two gentlemen at their desks. To my surprise they were friendly. Their contacts with Tanzania must have had a good effect. “How interesting” they more or less said “can we see a copy of the Bulletin of Tanzanian Affairs?” and what would I like to know?

Mr. Lei Zhen Ya, the Manager, explained that the company started in June 1967. It is run jointly by the two governments, each with a 50% share and was designed to serve trade between the two countries. The company began with four second-hand vessels but these have all since been replaced by new ones – the Ruvu, the Ruaha, the Pingku and the Shuniji with a total tonnage of some 60,000.

Originally the ships served the needs of the Tanzania-Zambia (TANZAM) railway and transported workers to Tanzania from China (I can remember the arrival one Sunday morning in Dar es Salaam of 1,000 of these workers all dressed identically in Mao suits and all issued with the same standard suitcase – how things have changed in China in recent years!) The ships also carried railway construction material.

It was at this stage in the conversation that I decided to make sure to interview, before leaving China, one or two of the early workers on the railway (there had been some 20,000 Chinese involved altogether) and hear how they looked back on their Tanzanian experience.

With the completion of the railway and a fall in the export from Tanzania of groundnuts and sisal, trade with Tanzania had gone down considerably. Nowadays cargo was sought wherever it could be found. Out of a total volume of 190,000 tons of goods transported by the company from China last year only about 7,000 tons went to Tanzania and no imports from Tanzania to China were carried. Furthermore, 1986 was the first year since the founding of the company that it had not made a profit. But relations with Tanzania remained warm and friendly. During the Cultural Revolution (a bitter memory to almost everyone to whom we spoke later) staff of the China-Tanzania Shipping Company had been left strictly alone and not persecuted in any way. Because of the link with a foreign friendly nation.

The 33 crew members of the two Chinese ships were all Chinese I learnt. The two Tanzanian ships had some 25 Tanzanian crew members and 7 Chinese including the captain.

Mr Lei said that the company was facing many problems but that the biggest by far was in obtaining sufficient cargo in a highly competitive market. But he was optimistic about the future: “With the recovery in Tanzania’s economy, trade will increase” he said.

My own job in China was in the Ministry of Agriculture. “Do you know of anyone who used to work on the TANZAM railway” I asked. Yes, said one of our counterparts, his own father was still working in the Ministry of Railways and had many friends who had worked in Tanzania.

Mrs Tang, who works as a Swahili interpreter in the Ministry of Agriculture told me how she had spent five years in Tanzania from 1973 on a State Farm growing rice at Mbarali in Mbeya region. “I was the one woman amongst 100 men” she said “and they could only communicate with Tanzanians through me”. It was hard work but she had enjoyed it very much. The Tanzanian people were very honest, (something which cannot be said for speakers at Chinese banquets whatever their nationality), very patient and easy to work with. And Swahili was so much easier to learn than English. She had been working only ten miles away from the railway and she knew many of those who had worked on it. She would get in touch with the Ministry of Railways and arrange for me to meet some of them.

I asked whether it had been easy to get people to volunteer to work in Tanzania in view of the harsh conditions at that time. “Yes indeed” Mrs . Tang said. “Only those with the best work records were allowed to go. Everyone wanted the chance. It wasn’t only the pay (50% higher than in China); it was a unique opportunity to see another part of the world.” But Mrs. Tang had had some second thoughts herself on her sixteenth day of sea-sickness on the way to Dar es Salaam.

Mr. Said Salim from Tanzania has been working in China longer than any other Tanzanian. 21 years. “They call me the Mayor of Beijing” he said. Originally he went there under the auspices of the organisation set up after the Bandung Conference as a journalist. Nowadays he works on the Swahili edition of a Chinese monthly magazine. He and his Zanzibari wife have four children, all taking university studies in Beijing. “They are more Chinese than the Chinese” he said. I asked him if he happened to know anyone who had worked on building the railway all those years ago. No, he said, but he dug into his archives and produced an article he had written in the ‘Afro-Asian Journalist’ (No. 1, Volume 9) in March 1972:

“Two events different from, though closely related to each other and antagonistic in character yet very commonly known in Tanzania and Zambia, came to pass in Africa on November 11th. It was on this day in 1965 when the Rhodesian white settlers unilaterally declared their independence …… and it was on this same day, in 1971, that the track laying on the 502 kilometre Dar es Salaam-Murimba section of the now world-shaking Tanzania-Zambia Railway (the biggest donor aided project in Africa) was completed … the two events seem like a ‘historical accident’; …. because of the existence of profound mutual trust among the three committed countries and the exigency China understands for both Tanzania and Zambia to have the railway built as soon as possible, preparation had commenced in March 1970 before the Protocol was even signed …. following immediately the tortuous surveys conducted from 1966 to 1970”.

One of our young interpreters said one day that he had found somebody who had worked on the railway. It seemed that nearly everyone we met knew somebody who knew somebody who knew something about Tanzania. But unfortunately this person lived at the other side of Beijing (a massive city) and he did not think it would be possible for us to meet.

As I learnt each day more about the history, the politics, the economy, the agriculture (most people are remarkably outspoken and the English language ‘Daily News’ explores every issue with astonishing freedom of expression) the similarity of experiences and, in particular, the ‘political language’ in China and Tanzania became more and more apparent.

China had its ‘Great Leap Forward’, its nationalisation of private businesses, collectivisation of agriculture; Tanzania had its ‘Arusha Declaration’ and its villagisation.

And now, many years later, Tanzania has its ‘Economic Recovery Programme’ and its ‘Structural Adjustment’. China has its ‘Economic Reconstruction and Structural Reform’.

The decisive 13th Party Congress attended by 1,926 Chinese delegates in October 1987 found some echo in the ‘Third National Party Conference’ attended by 1,931 delegates in Dodoma in the same month of the same year. The Chinese Party Congress made what was described as ‘a refined and systematic exposition on the theory of the primary stage (ie. the present stage) of socialism in China.’ It reaffirmed ‘the Party’s pledge to build socialism with Chinese characteristics’. But it noted that a small number of Party members were engaging in tax evasion, smuggling, bribery, moral turpitude, breach of discipline …. ‘ And in Dodoma. Mwalimu Nyerere had spoken of ‘some dishonest public servants and unscrupulous individuals who were taking advantage of the severe economic difficulties to enrich themselves.’ (Bulletin No. 29)

The 13th Congress clearly stated that the private economic sector in China should be allowed to develop to a certain extent. ‘With the objective of common prosperity in mind, we should encourage some people to become well-off first through honest work and lawful business operations’. A sentiment surely widely understood in today’s Tanzania.

And in both countries the reforms are showing results. Chinese officials speak of a new vitality in the country’s economy – a 103% increase in GNP, a 118% increase in industrial and agricultural output, 130% improvement in per capita income and, most spectacular of all (it is necessary to queue to climb the Great Wall or see the Terracotta Warriors) a 480% increase in income from tourism since the reforms began. And in Tanzania too, important gains can be seen, Growth up significantly for two successive years, substantially increased production of crops and so on.

But China has been making changes much more rapidly than Tanzania. The new ‘Responsibility System’ has decentralised decision making and the foreign investment code has brought about massive foreign investment all over the country. Factories are springing up everywhere.

And, just as the rate of inflation, especially in urban areas, dominates conversation in Tanzania, in China I learnt that, whereas reform in the rural areas brought almost immediate benefits for farmers, urban residents felt that the most noticeable feature of reform was inflation.

Tanzania has just devalued its currency. And, according to the December 3 issue of the Economist, China seems likely soon to do the same.

As Mr. I.B. Chialo, Acting Ambassador for Tanzania when I was in China, explained to me, the ideologies of the two countries have for long had their similarities and historically Tanzania has followed China in many ways. He felt that there was much to be learnt from China even today and pointed out that, at the time we were speaking, President Mwinyi was welcoming to Tanzania a delegation (later I learnt that it was the first visit to Africa of delegates of the organisation of such a high level of representation) from the China International Trust and Investment Corporation (CITIC) which can claim credit for the remarkable development of foreign joint enterprise and other investment now to be seen in China. The Daily News in Tanzania later quoted President Mwinyi as having asked the delegation to share with Tanzania some of China’s experience in dealing with foreign investors in a socialist state. And just as in Tanzania there are those in China who are saying that the changes must be halted as they are endangering the national policy of socialism and its objective of achieving equality amongst people. Mr Chialo also told me that, although. because of the warmth of the relations between the two countries, Tanzania still received favours, the ‘era of mutual admiration is over’. “We are learning to be tough in negotiation from them” he said. He quoted several potential joint projects in Tanzania being held up because of the severe conditions on which the Chinese were now insisting.

After a busy month my visit came to an end. The Ministry of Railways let it be known that it would not be possible for me to talk to any of the persons who had contributed to the great railway project. The Chinese bureaucracy is still there.
David Brewin

JUSTICE IN TANZANIA – LESSONS FOR ENGLAND

Tanzanian law owes much to the colonial legacy of English law, which overlaid the traditional customary laws of Tanzania’s African communities, but some current developments and proposed reforms in English law reflect basic concepts familiar in Tanzanian legal experience. Some reforms already adopted in Tanzania are now under contemplation in England. These points emerged at a London meeting of the Britain Tanzania Society to welcome a party of senior members of the Tanzanian Judiciary.

Five Tanzanian judges made a study tour of Britain from 5th to 16th September 1988 following a request by the Chief Justice to the Commonwealth Magistrates’ Association; the main purpose of the visit was to allow the judges to acquaint themselves with recent developments in the English legal and judicial system as part of a current comprehensive programme of judicial development and training being undertaken by the Tanzanian Judiciary. The visitors took part in a seminar for British judges and then visited courts, judges and other relevant officials.

The three guests who addressed a keenly interested audience on “Justice in Tanzania” were Mr. Justice Mfalila (a High Court judge since 1972), Mr. January Ksoffe (Senior Deputy Registrar of the Court of Appeal), and Mr Exuper Mtui (Senior Resident Magistrate). They had all graduated from the University of Dar es Salaam and Mr. Justice Mfalila was greeted at the meeting by three of his former British teachers and one of his examiners, in the form of three University of London Law professors and a senior solicitor from a big City firm. The visitors themselves personified the ways in which the development of legal education in Tanzania, although it started only on the eve of independence in 1961, has enabled the country to help sister African states: Mr. Justice Mfalila has served with distinction as a judge of the High Court of Zimbabwe from 1984 to 1987 and Mr. Msoffe has been a resident magistrate in the Seychelles.

The judges outlined the legal history of Tanzania. Colonial policies of indirect rule had protected indigenous local laws by maintaining a dual judicial system. After independence Government policies had sought to promote unification, introducing a unified system of magistrates’ courts (1963) and systematic, statutory “Declarations of Local Customary Laws” relating to the family and succession. A notable and mainly successful and pioneering experiment in unification had given Tanzania a unique lead as the only Commonwealth African state to have introduced a unified system of family law in the Law of Marriage Act 1971: this applies a single set of procedures and standards for the contracting of marriages and the settlement of matrimonial disputes including divorce, while recognising the validity of all the existing diverse types of marriage (customary, Christian, Muslim, Hindu, civil etc.).

In some ways Tanzanian law has always differed from English law. Thus, trial by jury was never adopted and serious criminal charges are tried by a judge “with the aid of assessors”, whose individual opinions are advisory only; however, Mr . Justice Mfalila said that it was very rare far a judge to disagree with the Assessors and he had to state and record his reasons for doing so. By contrast, in the Primary (Magistrates’) Courts, where the majority of cases are dealt with, the magistrate sits with local assessors and decisions are made by majority vote. It is interesting to note that a recent official enquiry in England recommended a trial with assessors instead of a jury for certain difficult trials such as serious fraud offences.

Within a few days of the meeting a highly significant development in Tanzanian law took effect: from 1st October 1988 the Bill of Rights added to the Constitution by amendment in 1985 became “Justiciable” – enforceable by the courts, an interval having been allowed for the adjustment of any existing provisions which might have been inconsistent with the Bill of Rights. This development greatly enhances the power of he judiciary to protect individual rights. Needless to say, the United Kingdom has no Bill of Rights except insofar as the European Convention on Human Rights allows the European Court of Human Rights to adjudicate on the validity of British laws and practices: that international Court has given a number of adverse decisions an British law, most recently (November 1988) an the impropriety of special powers against terrorism in Northern Ireland. In Tanzania the much criticised Economic Crime Control Act 1984 might have been challenged if the Bill of Rights had been in force then, especially insofar as it originally denied legal representation to persons accused, a provision which was modified at an early stage. The Act has been further amended to restore jurisdiction to try “economic crimes” to the ordinary courts, applying the Penal Code.

Here is another example of Tanzanian law being ahead of the law of England. Early in 1989 English lawyers will be studying the revised version of the Draft Criminal Code prepared for the official Law Commission. This will be more than a century after an authoritative project to enact a criminal code for England was abandoned in the face of opposition. The Penal Code of Tanzania, continuously in force since its enactment in 1930, had its original source in the draft code rejected in England in 1880, via the model adopted as the Queensland Criminal Code 1899 which was introduced into Nigeria in 1904. There is at least the possibility that, before the end of the twentieth century, English law will have caught up with Tanzanian law by adopting a code of criminal law – which should be a valuable element in making a most important area of the law clearer and more accessible to the people.

The Tanzanian judges were questioned at the meeting about various aspects of Tanzanian law, and they were also asked what they had learnt from British legal institutions. They commented on the training value of judicial seminars and on techniques adopted in English courts to reduce delays in civil cases. They noted that in England it is proposed to simplify certain technical rules of evidence, e.g. those which impose unduly restrictive requirements on evidence given by children as witnesses; such changes have already been adopted in Tanzania (1985)!

Finally, attention turned to an issue of over-riding significance in the common problems of controlling crime and treating offenders. For at the time of the meeting a Government “Green Paper” was imminent in England which emphasised the importance of compensation of the victim of an offence by the offender: English courts may be required to order compensation in future, unless they can record reasons against doing so in particular cases. Yet this is to recognise a truth which was accepted as fundamental in African societies of Tanzania (and other states) long before the advent of colonial rule. Indeed it was the focal point of a conference on Penal Problems in East Africa held at the University College , Dar es Salaam more than two decades ago, when a distinguished criminologist with a lifetime of practical service in Africa declared: “The great Tsonga proverb is: ‘The repair of the damage done is restitution’ .. . . the true corrective of crime has little value if the one who suffered is not compensated.” [H.P. Junod]

Jim Read


THE JUDICIARY AND THE PARTY

The Daily News in its issue of November 3, 1988 reported on a seminar being held in Dar es Salaam on ‘The Role of the Judiciary in the Implementation of the 15-Year Party Programme.’

Party Secretary General Rashidi Kawawa, had told the participating judges that laws played a vital role in social and economic transformation especially in a society where the interests of the toiling masses were being trampled upon by the exploiting class. “The courts must at all times protect and champion the interests of the workers and peasants as a way of implementing the Party programme” he said.

Judge Goodwill Korosso, like many participants, observed that not all colonial laws were irrelevant to the aspirations of a socialist state under formation. British laws inherited at independence had been based on the principles of ‘natural justice’ which were the same for a socialist or capitalist society.

Judge Robert Kisnaga expressed concern over an allusion in the paper presented by party cadre Professor Daimon Mwaga to the effect that the courts of law could not afford to remain neutral in the overall struggle to build a state based on class interests. “I have in all my years in this job believed that the courts are an independent arm of the state” he said. He requested to be informed if the situation had changed.

TEA – THE PAST, PRESENT AND LIKELY FUTURE

TEA – THE PAST, PRESENT AND LIKELY FUTURE OF TANZANIA’S THIRD LARGEST AGRICULTURAL FOREIGN EXCHANGE EARNER

The Past
The first experimental tea was planted in 1904 by German settlers at the Agricultural Research Station at Amani, near Tanga and at the Kyimbila Mission near Tukuyu. The first estate was developed by a Mr. C. Gee in the Usambaras in 1926. A land development survey in 1929 recommended that tea should replace coffee in the Southern Highlands and a Tea Officer was appointed. Free seed was distributed to interested settlers between 1930 and 1934 and a small tea factory was opened in Mufindi in 1930. By 1934 1,000 hectares had been planted which produced 20 tonnes of processed tea. 9.3 tonnes were exported earning a revenue of £1,150. The tea industry had begun.

By 1938 tea production had reached 200 tonnes. During the Second World War many of the German tea planters had been interned and their estates taken over by the British Custodian of Enemy Property. The Custodian subsequently leased them to the Tanganyika Tea Company, a subsidiary of Brooke Bond Ltd. By 1956 production had increased to about 1,700 tons in Mufindi, 450 tonnes in Tukuyu and 740 tonnes in the Usambaras.

Until independence in 1961 tea production was wholly in the hands of foreign companies, or private estates. Then began a rapid development of production by smallholders.

Smallholder Tea
By 1934 there were an estimated 28,700 farmers producing 4,000 tonnes of processed tea from about 9,000 ha. Most smallholder grown tea is individually managed and is planted either in isolated patches or within a larger block comprising all the tea from one village. The average holding is about 0.3 hectares, the largest being about 5 hectares. Much of the tea is clonal.

Fertiliser and herbicides are supplied by Kereku, the Cooperative Union and these inputs are paid for by a flat rate levy on all green leaf sold to the Tanzania Tea Authority (which was established in 1968 and manages the planting and processing).

The current annual average yield achieved by smallholders is 400 to 500kg ha of processed tea, These yields could higher be if some of the social and infrastructural constraints to production were removed. These include late delivery and application of fertiliser, unreliable transport and delayed payment for green leaf.

The Present

Today, Tanzania produces 15-18,000 tonnes of processed tea annually from a planted area of around 19,000 ha. Only Kenya and Malawi in Africa produce more. About 75% of the production is exported and tea has become the third largest foreign exchange generator in the Tanzanian agricultural sector.

Tea Estates
The three main foreign companies producing tea in Tanzania are Brooke Bond Tanzania Ltd, George Williamson Tanzania Ltd., and the Mufindi Tea Company Ltd. which together manage some 4,500 ha in the Southern Highlands. They produce about 10,000 tonnes of tea each year. Other estates are privately owned, while some of those taken over by the Government in the 1970’s are now reverting to private ownership. Others are being run as joint venture companies between Government and an outside management/investment agency such as the Commonwealth Development Corporation.

A large proportion of estate tea was originally propagated from seed and is therefore genetically diverse. Since about 1970 however most new plantings and all in-fillings have been with clonal plants either selected locally or imported from Kenya or Malawi. The productivity of certain tea estates has risen considerably over the last thirty years. For example, from 1955 to 1970 average yields increased at the Kilima estate in Mufindi from 600 to just under 1,000 kg of made tea per ha. This was partly due to increased fertiliser applications, a change in the type of fertiliser used, and replacement of hand weeding by herbicides.

During the late 1960’s and early 1970’s shade trees were removed and in 1971 irrigation was introduced on a commercial scale. By the 1980’s yields (averaged over a four year pruning cycle) had reached 2,000 kg, per ha. Since 1980 yield increases have been less dramatic although in 1986 Brooke Bond Tanzania produced, on some 2,000 ha, an average yield of 2,412 kg per ha. Contributing to these increased yields have been changes in harvesting policy; for example three leaves and a bud being plucked instead of two leaves and a bud, and the introduction of ‘scheme plucking’ in which individuals are given responsibility for harvesting their own small area of tea (compared with traditional plucking by gangs of labourers).

It is fashionable to criticise plantations. They are chastised for occupying land which might otherwise be growing food crops and for using scarce foreign exchange to pay for imports such as fuel and spare parts. Although in some situations there may be some justification for this view, it is one-sided and there are many examples of situations where plantation crops make important contributions to the economy of a country and the welfare of its people. Nevertheless, fluctuations in the world price of commodities can have a big effect; for example, in Tanzania the demise of the sisal industry in the 1960’s and 70’s followed a fall in the world price of sisal. The profitability of the tea industry is similarly sensitive to such price changes.

Constraints to production
The major factors constraining production of tea, as in other agricultural industries in Tanzania, are foreign exchange restrictions and, until recently, artificially high exchange rates. There are shortages of fuel, equipment, spare parts, fertilisers, and electricity for drying and for irrigation pumps, which cause estates to keep high levels of stock in order to maintain production throughout the year. Shortage of people prepared to pluck tea has been another problem especially when there were no consumer goods to be bought in the shops.

Tea Research
Until 1978 research support for the industry was provided by the Tea Research Institute of East Africa with its sub-station in Amani, Tanzania but this was subsequently broken up. Although cultural trials at Amani have been recorded since then little new research has been undertaken. However, in 1986 the Federal Republic of Germany provided money to buy a farm in Mufindi which is to become the headquarters of a new Tanzanian Tea Research Institute which is being funded by the Tanzania Agricultural Research Organisation (TARO) through a cess on all tea sales. A study of the factors which have contributed to the increase in yields of tea in the Mufindi district in the last 15 years is being undertaken by Silsoe College in Britain by the authors of this article.

Marketing
About 70% of tea production is exported in bulk either through the London tea auction (30%) or by direct contract sales (40%). Internal sales represent about 25% of production; the popular varieties being Green Label, Simba Chaia and Siftings. Consumption within Tanzania is increasing slowly and now averages 0.2 kg per head of the population compared with 3.1 kg in Britain.

Labelled brands for export are Safari, Kilimanjaro and African Pride sold in attractive 100, 250 or 500 g packs.
Tanzania stopped importing tea in 1979. Of the tea exported about 60% goes to the UK. The Sudan comes second and other important markets include Ireland, Canada, Pakistan, the USA, Somalia, W. Germany, the Netherlands and Ethiopia.

The Future

The tea industry has been going through a difficult period. In the estate sector there are soon going to be problems of continuity with many expatriate senior managers approaching retirement age. Recruiting qualified Tanzanian staff is difficult because the estates cannot reward them adequately for the responsibility they are charged with or for the necessity of living away from the main towns. There is also a lack of adequate training at all levels of the industry and an urgent need to establish a viable and relevant research and extension programme staffed by well qualified people.

However, during the last year confidence has increased despite recent reductions in the world price of tea. This is partly due to changes in government economic policies and to devaluation which has led to new investments and expansion plans. Given that this new-found confidence is supported by real improvements in the well-being and living standards of all those associated with the industry, then the tea industry seems set to develop again in a positive way.
M.K.V. Carr
William Stephens
T.C.E. Congdon

Dr. M.K.V. CARR is Head of Agricultural Water Management at Silsoe College. He was in charge of the Ngwazi Irrigation Unit of the Mufindi Station of the Tea Research Institute of East Africa from 1966 to 1971.

Mr. T.C.E. CONGDON is the Estates Director of Brooke Bond, Tanzania Ltd. and has worked in Mufindi for over 30 years.

Mr. WILLIAM STEPHENS is a Tea Research Officer with the joint Tanzania Tea Authority, Brooke Bond, ODA Tea Project.

THE AIDS HORROR AT KANYIGO

In an emotive article in the Sunday News Sylvester Hanga has reported on a visit to a village 25 kilometres north of Bukoba.
“When artillery bombs from Idi Amin’s forces did not inflict heavy casualties in Kanyigo many of its inhabitants ruled out the possibility of another horror in the near future. They were proved wrong seven years later …. some believe that it was at this place that AIDS mushroomed to the rest of the country.

Houses have been abandoned and some vandalised by departing suspects. The majority of the 10 cell leaders have been left with less than half the number of households they are expected to head. The reason is simple; some have died of AIDS and the rest have taken refuge in neighbouring villages.

Although no survey has been officially carried out to establish the exact number of deaths … a random count of houses with no life inside tells the remaining part of the horror.

Some of the children are seriously malnourished. Some have no parents as they have long been hastily buried …in 1985 people used to turn up in dozens to give the deceased their last respects; not now … some say ‘How could we bury two people from the same roof in the span of one day?’ It has never happened before, at least, not in Kanyigo; not even during the war with Amin’

This is the AIDS era and Kanyigo is witnessing it more than any other part of Kagera region.

Meanwhile in Dar es Salaam Second Vice-President Wakil has launched a five year National AIDS Control Programme and the Minister of Health, Dr Aaron Chidua, has been giving AIDS casualty figures from other parts of the country. Singida 18, Musoma 18, Arusha 12 since last year; Kagera region 289 in 1986 alone. The Minister said that he believed that only between 10 and 13% of AIDS patients in Tanzania have reported to hospital.