COFFEE CULTIVATI0N IN TANZANIA

Coffee is currently Tanzania’s most important export crop and has been one of the three most important since the early colonial period. While sisal was grown entirely on plantations and cotton solely by smallholders, coffee has been produced by both, though there are very few large estates left. When one comes to look at the effect which coffee production has had on the areas in which it is grown, it becomes clear that this is rather different from the effects of other peasant-produced export crops, like cotton, or cashewnuts.

In part this is because the physical environment in which coffee can be grown is different from that for cotton or cashew, in part because of factors specific to the crop. One thing which tells one a lot about the difference between them is the use of compulsion in their introduction. During and since the colonial period the use of state coercion to introduce or expand the cultivation of required crops has been a recurrent phenomenon. Apart from a very short period the early 1920’s, compulsion has almost never been used to make peasants produce coffee. On that occasion it rapidly became clear to the peasants that the crop was profitable and voluntary planting went ahead so rapidly that, under pressure from the white settlers, the authorities turned around to trying to discourage production. Cotton, by contrast, has been the object of compulsory campaigns from the first years of the present century, when they were among the factors which led to the Maji Maji rebellion, to the present. Throughout the colonial period, whenever a particular group of people was felt to be ‘lazy’, or ‘backward’, compulsory production of cotton was among the favourite means to ‘teach them a lesson’- and one which almost invariably failed. Since the early 1970’s, with declining cotton production and export proceeds, ‘compulsory minimum acreages’ of cotton and many other crops have again been used- and with similar lack of success.

This, of course, is closely related to the fact that coffee was also grown on estates and plantations, while cotton generally was not. Coffee normally gives a good enough return on land, labour and capital to attract this sort of producer, whereas early attempts to produce cotton on large farms showed clearly that it did not. In particular, its low return on labour made it unprofitable to large farms and relatively unattractive to peasants, at least where there were alternative crops. B.Y contrast, coffee not only gives higher returns on labour, but being a perennial crop it can be kept going with a minimum of labour once it has been planted and nurtured to maturity.

Coffee is a tree crop which, once planted, can be maintained for decades, though periodic pruning is required if production is to be maintained. It requires rainfall of 40″ (1,OOOmm.) and upwards if irrigation is not to be used and a climate sufficiently cool such as is usually found in East Africa only above about 1,50Om .. In short, it is best suited to cool, well-watered areas, mostly mountainous. The main coffee growing areas in Tanzania are the northern Kilimanjaro/Meru area, Bukoba/Karagwe (where for Bukoba a situation west of Lake Victoria provides a cool, rainy climate without mountains) and Rungwe/Mbozi in the southern highlands. In addition, smaller amounts of coffee are grown in the Uluguru and Usambara mountains and the highlands of Ngara, Kigoma and Ruvuma.

Even prior to the introduction of coffee, these areas had agricultural systems considerably different from those of the lowlands and drier areas. Population density tended to be much higher, in some cases because population groups had been compressed into mountain areas because of military attack from larger, better organised and more warlike groups in the plains. This in turn generated a more stable and intensive pattern of agricultural practices than the shifting cultivation, which was suited to the low population densities in the plains. The Chagga of Kilimanjaro were using irrigation before the colonial period; the Iraqw of the Mbulu highlands had systems of erosion control and even possibly fodder conservation and there are similar examples from most of the other highland areas. Perhaps most importantly of all, in many if not most cases the standard staple grains of the plains (sorghum and millets) had been replaced by bananas and plantains, which give higher yields per hectare and which are permanent. This further stabilised the pattern of landholding into something much more like private ownership than was found anywhere else in the country.

Settlers and Missionaries
But it was not only to the local inhabitants that such areas were attractive. With the coming of colonialism, cool, well watered mountain areas were especially attractive to two different categories of foreigners- the settlers and the missionaries. For a number of reasons, missionaries had a relatively greater influence in Tanganyika during the colonial period than in neighbouring Kenya. In Kenya, where the settlers were overwhelmingly dominant, a large proportion of the best coffee land was alienated to become the ‘White Highlands’, while in order to ensure a supply of cheap labour and to block off alternatives to wage labour coffee growing by Africans was largely forbidden. The growth of African coffee production in Kenya thus dates from the 1950’s, when it was grown illegally in contravention of the rules and the 1960’s, when it was finally allowed.

In Tanganyika the Germans had been less successful than expected in growing coffee on estates up to 1914 and their estates were in any case taken from them during the war of 1914-1918. After the war, Kenya and other colonies were more attractive areas for British colonisation, while the League of Nations mandate and a Governor strongly influenced by indirect rule thinking placed further limits on the alienation of land. Settler production of coffee was encouraged, did grow and did lead to pressures to limit African production, but the interim had given a chance to local producers and the restrictions were less effective, only amounting to outright prohibition in one or two cases (Mbozi District in Mbeya for example).

While missionaries have often shown themselves willing to work with the colonial authorities, their interests differ from those of the settlers. The latter were interested in limiting the possibilities for African advancement in the interests of cheap labour, thus leading them to oppose both conversion to Christianity (‘Christian boys’ were ‘cheeky’ and ‘did not know their place’ a widely-voiced opinion when I lived in Tanganyika as a child in 1948-51) and education. The missionaries for their part were interested in converting as many as possible to Christianity and in the development of a sober, hard working peasant community with at least some educated members as a basis for its further spread. Moreover, whatever the personal inclinations of the missionaries, the institution of churches, schools, parish committees and other organised groups inevitably had some impact on the development of other organisations and institutions like cooperatives and tribal associations and exerted an enormous influence on formal education.

Clearly the development of peasant coffee production fitted well into this design, while the cool and pleasant climate of potential coffee areas together with the more settled pattern of cultivation and domicile made these areas particularly attractive to the missions.

Coffee and Education
If one compares the major coffee growing areas of Tanzania with areas in which other export or cash crops dominate, the impact of the missions becomes very clear. The three main coffee areas mentioned above contain no more than about ten per cent of the country’s population, but their peoples dominate the civil service, the professions, the churches and large-scale business (to the extent that this is controlled by Tanzanians at all). Moreover, they are particularly dominant at the higher levels. Levels of literacy and formal training are very considerably above those in the remainder of the country, in spite of an educational policy which, since 1969, has been specifically intended to reverse this bias.

Nor is it coincidental that most of the first marketing cooperatives in colonial Tanganyika were coffee cooperatives. Education is certainly not the only reason here. The crop lends itself to the development of cooperatives in some ways, notably that almost all is exported and that the price/weight ratio is high enough to allow good returns to both producer and cooperative.

It is also significant that the coffee-growing areas were much less affected by compulsory villagisation up to 1976 than others. In part, of course, this relates to settled cultivation and domicile, high population density and the unavailability of suitable sites for new settlement. But influence with and contacts in the higher levels of the bureaucracy have also been important. I worked in Bukoba in 1974/5 and during the planning of the villagisation drive there was a steady stream of senior civil servants and politicians from the area returning to visit their own villages and the administrative offices to check that no movement was intended and to show “their people” that they had solved the problem. Once again, the contrast with cotton areas where a very large proportion of the rural population was moved, in some cases more than once, is striking.

Coffee Improvement
The above should not lead one to believe that coffee-growers have been free from all of the irritating and normally ineffective interventions which the government has showered upon other rural producers from the beginning of the colonial period until the present, though compulsion has been less common and when used has been aimed at changing how coffee is produced. An early example is from Ngara District, where, in contrast to the rest of the west Lake area, peasants were forced to produce arabica coffee in “pure-stand”, rather than robusta coffee interplanted with bananas. One result of this has been that coffee production in that area has never grown to a level above that of the 1930’s, when compulsion was imposed with more than usual energy.

The inter-planting versus pure-stand controversy has a long and sad history. In all of the main coffee-growing areas, most peasants grow coffee inter-planted with bananas, which considerably reduces the yield of coffee. But the reason for this is that in most cases, and especially for small peasants, there is little room to grow coffee elsewhere. Bananas as the basic staple food are by far the most important crop and, even when translated into money terms, the value of bananas from a given interplanted area invariably exceeds that of coffee. For many peasants, the issue is not whether to grow coffee pure-stand or interplanted but whether to plant coffee among the bananas or not (most do).

But the extension service, noting the negative effect of interplanting on coffee yields, and being until quite recently largely unconcerned about food crops, has made pure-stand cultivation the basis of much of its advice, notably in Bukoba District. One side-effect of this has been that most of its other advice is thereby made irrelevant to the 85% or so of all coffee producers, who lack the land and/or labour to plant pure-stand coffee. Bananas are voracious users of water and soil nutrients, while their shade and evapo-transpiration produce a micro-climate different from that elsewhere. It does not require an advanced degree in agronomy to figure out that the fertilizer, spacing, pruning and insecticide requirements of coffee which is interplanted with bananas will be different from that of pure-stand coffee.

Another series of issues relate to the type of coffee produced and the way in which it is processed. In Kilimanjaro and most of the mountain producing areas of Tanzania, the type of coffee is arabica, a plant which produces high quality mild coffee. It is usually ‘wet-processed’, a fermentation process which requires running water and produces the best coffee, normally used for blending with others. In Kilimanjaro and most other mountain areas, water is no great problem as it is available from streams originating further up the mountain.

By contrast, the coffee of Bukoba, the second largest producing area, is, and has been since before the colonial period, mainly robusta, a plant which, as the name implies, requires rather less attention and which produces a more bitter coffee. It is, however, better suited to the production of powder coffee. Almost all the coffee of this area, including a small amount of arabica, is ‘hard-processed’, left in the sun to dry, after which the outer shell is removed by crushing and scraping.

Before the development of powder coffee, the price difference between the two types of coffee was considerable, while for arabica, there is a significant price-difference between ‘wet’ and ‘bard’ processing (roughly that between Colombian and Brazilian coffee). But the development of powder coffee has tended to reduce these differentials and it is thus surprising to find that for about fifteen years from 1950, the colonial and independent governments, or rather their extension services, spent considerable time, energy and money on trying to get the hard robusta producers of Bukoba to change to mild arabica.

Apart from the fact that robusta seems to do better on the rather poor soils of Bukoba, ‘wet-processing’ presents problems in that area. Surface water tends to be available only in valley-bottom swamps and ponds at some distance and downhill from where the coffee is grown. This entirely alters the labour implications of wet-processing. In spite of almost all coffee seedlings available from official sources being for arabica over a period of upwards of a decade and in spite of numerous other forms of pressure, the vast bulk of all coffee in Bukoba and Karagwe continues to be ‘hard-processed’ robusta.

In view of the above, it is not surprising that the extension service tends to consider the coffee producers of Bukoba District more ‘backward’ and ‘resistant to change’ than those of Kilimanjaro where, in addition, far more fertiliser and insecticide are used. In the past few years, however, some doubt has been thrown even on this. Largely because of the differences in input use, the import content of Kilimanjaro coffee exported is about 30% as opposed to only 10% for robusta. It is possible that if all of the indirect costs associated with input use in Kilimanjaro were added up, the disparity would be even greater. This is certainly not to propose that no fertiliser or insecticide should be used. But it may well be that heavy subsidies have led the producers of Kilimanjaro to use too much, while a better-oriented programme for Bukoba and the remainder of the Kagera Region could increase total coffee production at lower cost.

In the long run, one would expect landlessness to be a major problem in areas with high population densities even before the colonial period. But even here the disparity in educational levels has hitherto made it easier for people from these areas to find jobs than for most Tanzanians. It is true that for the past fifteen years political power has largely been directed away from the coffee areas, at least formally, through a series of revenue and price subsidies in different sectors. Even so, they have been shielded from the most serious effects of policies like villagisation and agricultural compulsion. Currently pressures from various sources for a more single-minded concern with economic as opposed to socio-economic development seem likely to favour the coffee producing areas.

Philip Raikes

THE JUDICIARY

(Extracts from a speech to Judges and Resident Magistrates given at Arusha on 15th. March, 1984, by President Julius Nyerere)

President Nyerere began by admitting that there was a wider gap between Tanzania’s principles and practices than there should be. He referred to the ‘sickness of bribery and corruption’ which had entered society and he explained that it could not yet be said that people were absolutely equal before the law. It was still an advantage to have friends or relations in high places. Some of the shortcomings were for the time being inevitable in the sense that they could not be remedied immediately. They reflected the poverty, technological and educational backwardness and the lack of administrative and managerial experience, complicated by the international economic situation.

He went on by saying that’ first class administration of the laws does not by itself create a just society, especially if the laws themselves are unjust. An obvious and clear case of this is South Africa. But how does this subject relate to Tanzania? Successive Governments in this country have sometimes felt forced to pass laws which in practice can be very dangerous for justice. Perhaps the clearest case is the Preventive Detention Act, which was first passed in 1962, but the Economic Sabotage Acts, together with the setting up of Tribunals, could also be cited. And there may be others.

The reason for these laws is known. People can differ about whether or not they are necessary, but it is obvious that those who proposed them, or agreed to them, thought that they were necessary- and I am among those who saw their importance. It is, however, true that in their implementation there can be dangers. I myself believed that the power to use preventive detention for the security of the country – which was the intention of the Preventive Detention Act – is necessary and that when used for this purpose it has on the whole been used well. But on too many occasions we have used this law to arrest criminals, or people believed to be criminals, whose acts do not relate to the security of the state. This is bad use of a necessary law and can introduce the practice of evading the use of normal legal procedures for ordinary crimes. It is essential that we should correct ourselves in this respect and I am sure that the first person who has to correct himself is the President.

I am not sure that in its present form the law on Economic Sabotage is essential. What we want is a law which will effectively protect our national economy. But it is not sufficient that there be strict or harsh laws on this. Those concerned, including the courts, must be willing actually to use them to protect our economy. It is the use of law to protect criminals which destroys respect for the instruments of law and incites Government to pass laws like the present one. This is why I say it is necessary for you to understand the problems with which Government has to contend and if possible to send recommendations to us about how to deal with the problems in a manner which does not bring danger to the rule of law and the principles of justice.

…. I am quite sure that Tanzanians do not want a Judiciary which has no principles and which carries out the wishes of the Government or Party leaders instead of respecting the law. Tanzanian people want a Party with principles, a Government with principles and a Judiciary with principles.

…. The truth is that the protection of the principle of the independence of the Judiciary is in your hands and especially in the hands of the senior judges such as those at this meeting. You must enforce discipline strictly throughout the judiciary and do so without being swayed by personal sympathy for the wrong doer, or fear of unpopularity should he be related to persons known to you. There are jobs in our society which can be done by undisciplined people and people whose personal integrity can be called into question. Being a Judge or Magistrate is not among them.’

Julius K. Nyerere

REFUGEES IN TANZANIA

Tanzania, like many other African countries, is a place of asylum for refugees of diverse Origin who have fled from their homes on account of war, persecution, or famine. At the present time more than 200,000 refugees from Rwanda, Burundi, Zaire, Malawi and South Africa are making their homes in Tanzania, some on a permanent basis, while others retain hopes of returning one day to their countries of origin. Unlike some countries of the Far East and elsewhere, it is not the policy of the Tanzanian Government to herd the refugees into camps ‘, where they are maintained in idleness, or indeed to enforce their separation from the local population. Fortunately, Tanzania has land to spare on which the refugees are enabled to settle and maintain themselves, developing their own institutions and receiving initial help from external agencies.

One substantial group consists of Hutus, victims of a cruel civil war in Burundi in 1972. There are about 37,000 Hutus now settled in the Mishamo settlements in Mpanda District in an area the size of Zanzibar. Each family on arrival is given about 12 acres of land and rations are provided by the United Nations High Commissioner for Refugees (UNHCR) until the refugees are able to support themselves. The UNHCR and other international bodies have provided resources and expert help to enable the settlers to dig wells, to build schools and other communal facilities and to improve their agricultural programme.

The refugees at Mishamo are settled in 16 villages organised on self-help lines. Each village has a substantial communal farm from which the produce is sold to the Tanzanian crop authorities and the proceeds are devoted to village development. The settlements are served by some 250 Tanzanian agricultural and health workers and other specialists. In 1~80 some 36,000 refugees from Rwanda were granted Tanzanian citizenship.

This approach to the refugee problem based on 1ine creation of self-supporting communities and integration in the national community is almost unique. There are of course other parts of Africa where overpopulation, or unfavourable natural conditions would make a solution on these lines difficult. Nevertheless, Tanzania’s policy takes account of the enduring nature of much of Africa’s refugee problem and the need to provide refugees with the chance to form self-sustaining and self-respecting communities within the national family.

SOME ITEMS OF NEWS

Death of Prime Minister Edward Moringe Sokoine
Ndugu Sokoine was killed as a result of a road accident on April 12th. on his way from Dodoma to Dar es Salaam. His car collided with a land cruiser driven by Dumisani Dube, a member of the African National Congress (ANC). The Prime Minister was fatally injured and died on the way to hospital in Morogoro.

Ndugu Sokoine was born at Kisongo near Monduli in 1938. He was educated at Monduli Primary School, Umbwe Secondary School and the Mzumbe Local Government Training College. He then went to Germany for further training in administration and finance.

In 1965 he was appointed to a post in the Masai District Council and in the same year became a Member of Parliament. In 1967 he became Parliamentary Secretary to the Ministry of Commerce, Transportation and Labour and in 1970 Minister of State in the Vice-President’s Office. In 1972 he was appointed Minister of Defence and National Service, a post that he held until 1977, when he was promoted to the post of Prime Minister. In 1980 he was obliged to relinquish this position for health reasons. After his recovery, he was again appointed Prime Minister in February, 1983, a post that he held until his untimely death.

Ndugu Sokoine was hard working and self-disciplined and a person of complete integrity. One of the very few Masai who have played a prominent part in national affairs, he maintained close contacts with his own people and was appointed Haigwanani, or leader, of the Masai in Kisongo, the place of his birth. In others he expected his own high standards and took a leading part in the campaign against economic saboteurs (see Bulletin No.17). He is understood to have been closely involved in the creation of National Service at the time of its inauguration in the early 1970’s.

The death of Ndugu Sokoine is a very serious loss to Tanzania at a time of great national difficulty and has deprived it of a distinguished leader.

Some national trends
Real national income per head in Tanzania has been falling since 1979. This is partly due to flagging production, but is also the consequence of a high rate of population growth. The World Bank records an average growth rate of 3.4% between 1972 and 1980 and forecasts a rate of 3.5% for the period from 1980 to 2000. The total population is now over 20 million and is expected to reach 26 million by 1990 and 36 million by the year 2000.

This very high rate of growth is due to the spread of health services, resulting in a considerable fall in mortality. Life expectancy at birth has risen from 40 in 1960 for males to 51 years in 1982 and for females from 43 in 1960 to 54 in 1982. In the meantime, infant mortality has fallen between the same dates from 144 per thousand to 98 and the child death rate (aged 1 to 4) from 31 to 18.

The Constitution
As noted in Bulletin No.17, considerable thought is being given to some necessary changes in Tanzania’s constitution and the constitution of Zanzibar. Some initial proposals were drawn up by the National Executive Committee of the Party and published for public discussion. The reactions of organisations and individuals have been collected at Party Headquarters and in June they received the consideration of the National Executive Committee. The outcome of this consideration of the amendment proposals by the NEC has now been published (June 7th.).

The NEC recommend that the Union Constitution should have entrenched within it a Bill of Rights, which would encompass human rights and obligations and the safeguarding of the public interest.

The NEC recommend a reversion to the previous practice of having two Vice-Presidents, one being the President of Zanzibar and the other the Prime Minister of the Union. The Union Presid0nt would be chairman of the cabinet and would appoint the Ministers on the advice of the Prime Minister.

Powers under the Preventive Detention Act would remain with the President, but the procedures used would be legally binding and detention would be subject to periodic review. The names of detainees should be published in the Gazette and provision should be made to enable those detained to dispute the grounds for their detention. A similar provision should be made in the Zanzibar Constitution.

The President’s power to declare war, or a state of emergency, should be subject to seeking a mandate from a joint session of the NEC and Parliament within 14 days.

The main powers to appoint and discipline public servants should be vested in the Public Service Commission, with the exception of the most senior officials in sensitive and important ministerial and parastatal positions.

The Constitution of Zanzibar should uphold the independence of the judiciary. While the Court of Appeal would be empowered by the Union, it would be necessary for Zanzibar to introduce a system of primary, district and high courts similar to those on the mainland.

The powers of parliament would be strengthened and it would be made clear that the Prime Minister (and the Chief Minister of Zanzibar) were in overall charge of government business and were responsible to the National Assembly (House of Representatives in the case of Zanzibar). The functions of the two parliaments would include the consideration and approval of development plans. Both houses would have permanent secretariats and would form permanent committees to supervise the implementation of policies.

The Musoma Resolution

It was decided by the National Executive Committee of the Party (TANU) in 1974 that students admitted to the University of Dar es Salaam should have worked for two years and should carry a positive recommendation from their TANU branch. It was found necessary at an early stage to relax this requirement in the case of women on account of the small number able to qualify on such terms, and also in the case of most of those entering the Faculties of Science, Engineering and Agriculture. At a meeting of the NEC on 31st. May, 1984, this condition of entry was relaxed and henceforth it will be possible for all students to enter the University after completing their sixth form studies and one year in the National Service. The NEC, however, emphasised the importance of retaining the existing provisions for mature entry.

Education
The NEC has been considering the recommendations of the Presidential Commission on Education, the contents of which are not yet public. One recommendation emerging from the report, which was endorsed by the NEC, was that the need for secondary education expansion should be met as far as possible by creating day schools within easy reach of communities. Apart from the reduction in cost, such a development would harness local effort to contribute towards the initial outlay.

The Faculty of Agriculture, Forestry and Veterinary Science of the University of Dar es Salaam at Morogoro became on July 1st. the independent Sokoine University of Agriculture.

Law reform
On 21st. May, 1980, an Act of Parliament received presidential assent
establishing a Law Reform Commission of Tanzania to review the existing law and propose measures for bringing it into line with current circumstances in Tanzania, for the elimination of anomalies and defects and for improved simplification of the law; to advise on the more effective administration of the law; to prepare programmes for the reform of laws and their consolidation and revision at the request of the Attorney General. The initial members of the Commission are:
Ndugu Augustine Saidi, former Chief Justice
Ndugu Pius Msekwa, Permanent Secretary to the Prime Minister and Chairman of the Judicial System Review Commission of 1974-77
Ndugu D.Z. Lubuva, former Attorney General of Zanzibar
Ndugu J. Kanywanyi, Professor of Law at the University of Dar es Salaam
Ndugu F.B. Mahatane, private advocate in Arusha
Ndugu M. Ismail, private advocate in Dar es Salaam

The Commission will draw upon the detailed and valuable recommendations of the Judicial System Review Commission. The Commission has been asked to consider the possibility of establishing ward and village tribunals; to review the Companies Ordinance in the light of the Arusha Declaration; to review the legal profession with particular reference to private practice and the role of the Tanzania Legal Corporation without jeopardising the rights of individuals to legal assistance; the causes of delay in civil suits; and the possibility of statutory compensation for persons injured while assisting the police.

Destruction of the Bank of Tanzania by fire
The main building in Dar es Salaam of the Bank of Tanzania was completely destroyed by fire in the early hours of May 17th. 1984. The cause of fire is not yet known. It is understood that the strong room in the basement, where vital records and currency are kept, has not been affected. But the loss of current documents and records will be serious. It is, however, thought that copies of certain records are kept at the National Bank of Commerce.

The Tanzania Railway Corporation needs £100 million to replace track on the 1,600 miles of the central line, which is now carrying goods in and out of Burundi, Uganda and Eastern Zaire.

The annual report of the Customs and Excise Department states that in the past 12 months illegal imports and exports worth Shs. 5 million were seized at border posts. The most commonly smuggled items were TV sets, which are very scarce since their import was banned five years ago.

The 1980-81 tourist season earned Tanzania shs.13 million from the export of wildlife and game trophies.

Social services
Members of the Presidential Commission on Education (see Bulletin no.13 of July, 1981) divided into 3 groups to make two week tours of Africa, Europe and the Far East.

The Tanzania Agricultural Machinery Testing Unit (TAMTU) is to be merged with the Arusha Appropriate. Technology Unit (AATP).

The Kilombero Sugar Training Centre, built with assistance from the Netherlands, was opened in August.

The Minister for Information and Culture, Ndugu Ben Mkapa, himself a former journalist, has officially opened the Tanzania School of Journalism at Mgulani in Dar es Salaam.

The Minister of Health, Dr. Aaron Kiduo, criticised the country’s doctors at the annual conference of the Medical Association of Tanzania, describing their performance as mediocre and a decline in ethical standards, which was producing public discontent. He claimed that too many doctors had entered the profession simply to obtain a comfortable living. The Minister has also announced that the law banning private hospitals passed in 1977 is to be enforced and that commercial hospitals are to be closed.

In an address to the nation in Swahili carried by Dar es Salaam radio on 5th August, President Nyerere said that since the start of adult education in 1970 many Tanzanians had learned to read and write and to do simple calculations. While it was not known exactly how many Tanzanians had acquired that ability, it was known that by 1977 over 6 million had registered for adult education courses; in 1975 over 3,800,000 had sat the exams and the number in 1977 was 2,346,154. Those who had passed the third and final fourth stage exams could be regarded as having overcome illiteracy to the extent that they were ready to begin further reading of books and newspapers. It was not known how well the nearly 3,500,000 people at present registered for adult education classes were progressing, for, by January of this year, many had stopped attending, some of them possibly because they had completed the course and were ready to sit the tests, which had not been set for the last four years. At present it was not known how many Tanzanians could read or write, or how well; nor was it known whether the learners and their teachers were being provided with the services they required.

Foreign relations
A military pact with Uganda provides for Tanzanian troops to train Ugandan troops in Uganda, but they will not become involved in security operations.

In a further attempt to end cattle rustling on the Kenya border, Tanzanian police have disarmed people who do not have firearms licences. This is part of a long-term strategy of improving relations with Kenya.

Tentative agreement has been reached with Malawi on the definition of a new border to replace the river Songwe, which in the past has caused confusion by changing its course.

The British High Commissioner in Tanzania, Sir Peter Moon, has said that within the past two year period more than 700 Tanzanian students have been trained by the British Government. He said, although it would be difficult for Britain to continue training large numbers of students because of rising costs, his country would continue to assist Tanzanian students going abroad for further studies.

General
As from 1st. October all residents of Tanzania will require the approval of the Bank of Tanzania for foreign travel even if fares are being paid for in foreign exchange by foreign sponsors.

Some passengers were stranded at Kilimanjaro International Airport in the middle of September because large aircraft were unable to land due to lack of fire fighting equipment. Services to Tabora and Songea were suspended for the same reason.

President Nyerere has been awarded the second Third World Prize by the Third World Foundation for Social and Economic Studies. This prize of one hundred thousand dollars and a medallion is conferred for outstanding contributions to Third W0rld Development in the economic, social, political, or scientific fields. The Foundation said that Mwalimu had played a key role in interpreting Africa to the world and the world to Africa. His ideas and values had been a source of inspiration and guidance to Africans across the continent and to people throughout the Third World in their pursuit of development, self-respect and genuine independence.

THE LEGAL PROFESSION IN TANZANIA

The legal profession in Tanzania can be divided into three sections: the Bench, the Private Bar and the Public Bar. The Bench is composed of at least 5 Court of Appeal judges, at least 15 High Court judges, and several Resident, District and Primary Court magistrates. The Private Bar is composed of the advocates engaged in private practice in law while the Public Bar is made up of State Attorneys who act on behalf of the Government and are employed in the Attorney General’s chambers, and the Corporation Counsel employed by the Tanzania Legal Corporation who act on behalf of public corporations.

(1) The Bench:
(a) The Court of Appeal:
The 1979 amendment to the Constitution of Tanzania establishes a Court of Appeal which is the final Court of Appeal in Tanzania. It is manned by at least 5 Judges of Appeal appointed by the President of the United Republic. The Chief Justice is the head of this Court. The Constitution also provides for the office of the Registrar of the Court of Appeal. The holders of these offices must have the qualifications laid down under the Constitution and have normally been appointed from among the senior members of the Bench.

(b) The High Court:
Section 60 of the Constitution provides for at least 15 Judges of the High Court. These are appointed by the President after consultation with the Chief Justice. The President may also appoint Acting Judges if he is advised by the Chief Justice that the work of the High Court at a given time is such that an additional number of judges is required on a temporary basis. The Acting Judges normally act as such only for the period stipulated in their appointment (which may be extended) although a number of them have been confirmed as Judges of the High Court in the past. In addition, the Magistrates’ Courts Act empowers the Minister responsible for legal affairs, after consultation with the Chief Justice and the Attorney General, to invest any Resident Magistrate with jurisdiction ordinarily vested in the High Court. These magistrates are commonly known as Resident Magistrates with Extended Jurisdiction and while exercising such jurisdiction are deemed to be High Court Judges. The appointment of magistrates with extended jurisdiction is normally made for the remote areas of the country so as to facilitate the hearing of appeals from District Courts and the Supervision of these courts. The Order appointing such magistrates normally specifies their tenure.

Under the Constitution, High Court judges are appointed from among people who are eligible for registration as advocates of the High Court of Tanzania and have held these qualifications for at least 5 years. However, the President is empowered to waive the latter qualification if he is satisfied that a person who otherwise would have qualified is sui table to hold the office of a judge of the High Court.

The judges of the High Court are guaranteed security of tenure. Once appointed, their office cannot be “abolished” until they attain the compulsory retirement age of 55 years. However, judges can, with the consent of the President, take voluntary retirement at the age of 45 years, or can go on working after the age of compulsory retirement until they attain the age of 62 years if the President considers that it is in the public interest for them to continue working. They can be dismissed from office only on disciplinary grounds in which case the judge concerned must be impeached before a Commission of three judges appointed from any British Commonwealth countries.

Although the Chief Justice (an appointee of the President) is the head of the judiciary in Tanzania, the running of the High Court is left in the hands of the Jaji Kiongozi (Principal Judge) who is appointed by the President after consultation with the Chief Justice.

The Constitution also provides for the office of the Registrar and Deputy Registrars of the High Court which are manned by officers appointed by the President and with similar qualifications as those held by judges.

(c) Magistrates:
There are two classes of magistrates: professional magistrates comprising the District Magistrates and Primary Court Magistrates. The District Magistrates are normally promoted Primary Court Magistrates and the Primary Court Magistrates are appointed after a short training mainly in procedure and criminal law at the Institute of Development Management at Mzumbe.

Like the judges of the Court of Appeal and the High Court, the Magistrates are appointed by the President. The Constitution establishes a Judicial Service Commission composed of the Chief Justice as its Chairman, one High Court judge nominated by the President after consultation with the Chief Justice and another member appointed by the President. Members of Parliament and people barred by law cannot be members of the Commission. This Commission is the disciplinary body for magistrates.

(2) The Bar:
(a) The Private Bar:
The Private Bar is composed of private legal practitioners known as advocates. The Advocates Ordinance requires the Registrar of the High Court to keep a Roll of Advocates. Any person who has the qualifications prescribed by the ordinance is entitled to be registered. These qualifications are: either a law degree of the University of Dar es Salaam (formerly the University of East Africa) or such other University or legal training institution as recognised by the Council for Legal Education; or the applicant must be a legal practitioner with a right of audience before any court of unlimited civil and criminal jurisdiction in any Commonwealth country or any other country designated by the Minister for Legal Affairs; or a Solicitor of the Supreme Court of England, Northern Ireland or the Republic of Ireland; a Writer to the Signet; a Solicitor of the Supreme Court of Scotland and holders of other legal offices in the United Kingdom. In addition, the applicant must satisfy the Chief Justice that he has adequate knowledge of the language of the court which is English and must also produce testimonials of character. A person wanting to be registered as an advocate in Tanzania must petition the Chief Justice.

The Private Bar in Tanzania is the one which is engaged in assisting and representing private individuals in both criminal and civil proceedings before the court. Its members perform the function which are performed by both barristers and solicitors in England. The division which exists in England between the two functions does not exist in Tanzania.

However, the number of advocates is far from adequate. The slow development of the Bar before independence, the exodus of many advocates of foreign origin in the 1970’s and the fact that most Tanzanian graduates in law are employed in the public sector have contributed to the small size of the Bar. Also there are fears that private practice in law will be abolished and so some lawyers are hesitant to start private practice.

The few advocates who exist are centred in urban areas – Dar es Salaam and Arusha taking the largest proportion. Most of them are engaged in individual practice. Partnerships in legal practice in Tanzania are exceptions rather than the rule. Criminal practice takes a large portion of the advocates’ time. It was observed by the Tanzania Judicial Systems Review Commission that very few people benefit from the services of the Private Bar, because the advocates are so few and very expensive. Most cases in Tanzania are conducted by the parties themselves. There is no comprehensive legal aid programme, so even in criminal cases there is no right to legal aid unless the case falls within the provisions of the Legal Aid (Criminal Proceedings) Act, normally one involving offences carrying the death penalty.

(b) The Public Bar
This comprises the lawyers who are employed as State Attorneys in the Attorney General’s Chambers. They are mainly engaged in advising the Government and in public prosecutions under the direction of the Director of Public Prosecutions. They appear on behalf of the state in appeals before the High Court and the Court of Appeal.

Another group of lawyers belonging to the Public Bar are the lawyers who are employed as Corporation Counsel by the Tanzania Legal Corporation. This corporation was established in 1971 under the Tanzania Legal Corporation (Establishment) Order with the purpose of providing legal services to public corporations. Although the Order has been amended to enable the Corporation to provide legal services to the public, the Corporation has so far played no significant role in cases in which private persons are involved because of the small number of lawyers employed by the Corporation.

The Tanzania Legal Corporation is headed by the Chief Corporation Counsel, who is appointed by the President, Senior Corporation Counsel, Assistant Corporation Counsel and Corporation Counsel. All these officers are people who are qualified to be registered as advocates, but in practice they are not registered as such. Their right of audience before the Courts accrues from their employment.

Although the Corporation has not played a significant role in private litigation, it has been providing lawyers to represent people who fall within the provisions of the Legal Aid (Criminal Proceedings) Act.

Conclusion
It may have been seen that the President of Tanzania has very wide powers of deciding the composition of the Bench at every level, except in the case of Zanzibar, which is not governed by the Constitution of the United Republic of Tanzania in this respect. In fact, the Constitution preserves the right of the High Court of Zanzibar to exercise jurisdiction concurrently with the High Court of Tanzania. The existence of such wide powers vested in the President has led some commentators to question the independence of the judiciary in actual practice.

M.R.M. Lamwai

NOTES ON CURRENT ISSUES

Agreement on the distribution of the assets and liabilities of the East African Community and the opening of the border between Tanzania and Kenya

The three East African Heads of State met at Arusha on 16th. November and reached agreement on the division of the assets and liabilities of the former East African Community. This meeting and the agreement which followed are evidence of significantly improved relations between Tanzania and Kenya. The East African Community collapsed in 1977 after a period of disintegration marked by the blockage of fund transfers, the expulsion of staff not belonging to the country of residence and the progressive appropriation of Community institutions for national purposes. The problems of the Community were exacerbated by the deteriorating international economic climate and the seizure of power in Uganda by Idi Amin. The central problem of the Community was the economic predominance of Kenya and in 1967 an effort was made to rectify this imbalance by transferring to Tanzania and Uganda some of the Community’s institutional headquarters, including the headquarters of the Community itself to Arusha. A Treaty for East African Cooperation allowed for the protection for a limited period of infant industries by the imposition of transfer taxes. In 1970 the situation deteriorated greatly as a result of the import of cheap consumer goods, hitherto purchased from Kenya, from China in payment of local costs incurred in the building of the Tazara railway. The Kenyans resorted to various obstructive measures and in 1975 Tanzania closed the trunk roads of the country to Kenyan lorries used for trade with Zambia; in the following year the border between Tanzania and Kenya was closed.

The exceptionally complex task of valuing the assets and liabilities of the East African Community was given to a mediator, Dr. Victor Umbrich, and the agreement is the result of his years of patient work. The political climate for the agreement was improved by the removal from office of the former Kenyan Attorney General, Charles Njonjo, who had long been a bitter critic of Tanzania and an obstacle to improved relations between the two countries.

The agreement provides that the Community assets should be divided in the proportion of Kenya 42%, Tanzania 32% and Uganda 26%. As a result, Kenya and Tanzania will pay Uganda compensation in the sum of 191 million US dollars. Payment will be in convertible currency, the provision of goods and services and the offsetting of existing claims. The agreement also covers the pensions of former employees and a mechanism for settling disputes.

It is encouraging that some of the East African Community services have survived and will continue as joint East African institutions. They are the Soroti Flying School, the East African Development Bank, the East African Inter-University Committee, the Eastern and Southern African Management Training Institute and the East African Community Library Services.

Following the agreement on the East African Community assets and liabilities, Kenya and Tanzania agreed to open their border immediately for movement by people subject only to normal immigration requirements. The Presidents of Kenya and Tanzania instructed their ministers responsible for trade, transit traffic, air transport and tourism to meet without delay and to reach speedy agreement on these matters.

Commentators on the agreement believe that it will result in a sharp reduction in smuggling and illegal marketing. What is less certain is the extent to which the conditions which produced the original dispute have changed. Tanzania has, at considerable expense, established its own airline and telecommunications system, but it has not succeeded in persuading major tour operators to use Kilimanjaro airport and few of its industries are in a position to exploit the potential of the Kenyan markets. It remains to be seen whether Tanzania can now meet the challenge of dynamic Kenya and whether the grim economic prospects for Africa will stimulate mutually advantageous collaboration.

Political debate goes public
In Tanzania real political debate outside Parliament has been largely confined within the Party (Chama cha Mapinduzi) and the books and other writings of the staff of the University. In 1981 the National Executive Committee of the Party, meeting in Dar es Salaam, adopted a body of guidelines entitled ‘Mwongozo 1981’, which contained among other matters a series of recommendations on constitutional reform. In the spring of 1983 these proposals were elaborated in a public document, which was distributed for discussion throughout the country in Party cells, churches and other voluntary organisations and the reactions and proposals of these bodies and of individuals were invited. This shrewd move by the Party allowed for the expression of worries and questions that have been building up over five years of persistent economic crisis. People responded enthusiastically to this opportunity and the press and radio have been printing and broadcasting large numbers of letters, some asking for significant changes in the Union Constitution. The most frequent requests have been, first t for the Members of the National Assembly to make more effective use of their power to question Ministers and to call them to account for the actions and omissions of their Ministries and, secondly, for a choice of candidates in Presidential elections. A more detailed account of this important public referendum and its consequences will be given in a forthcoming issue of the Bulletin.

The Government’s campaign against economic saboteurs described in Bulletin No.17 of July, 1983, has also stimulated public debate. After the early successes in uncovering hoarded goods, doubts began to be expressed and fears that the investigations were beginning to hinder legitimate activities while not reaching some of those with the greatest responsibility for malpractices. In July, the level of disquiet persuaded the President to intervene and it was announced that he would reply to questions from journalists at a public meeting, which would be broadcast live. This kind of meeting was new to Tanzania and excited wide interest. The questions were those that were most frequently asked in the letters reaching the press and Radio Tanzania.

Reactions to the meeting and the broadcast were varied. Some of the older, more conservative Party Members were outraged that the President should be subjected to such questioning, but other people, including some of those most committed to the President’s policies, welcomed the innovation and hoped that the example of more vigorous .questioning would be followed by the National Assembly.

Official denial of alleged oil deal with South Africa
The Tanzanian Government has issued a categorical rejection of the allegations made in the ‘Observer’ of 13th. November, 1983, that there had been a secret oil deal between Tanzania and South Africa and that two Tanzanian leaders had been involved in an improper commercial relationship with an oil company. The statement goes into considerable detail with regard to the deal with the company Marcotrade, to which the allegations refer. This deal involved a supply of crude oil from Angola of a type that could not be refined in Tanzania and therefore had to be exchanged for Iranian crude. This exchange was arranged in a manner which minimised the foreign exchange costs to Tanzania. All letters of credit specified the origin and destination of the imports and exports and did not include South Africa. However, even before the Observer article was published, the Tanzanian• Petroleum Development Corporation had discovered that Marcotrade had attempted, as part of the package deal, to import a cargo of refined petrol originating in South Africa with documents giving the origin as Singapore. The Tanzanian Government views this attempt to evade its ban on trade with South Africa wi th grave concern.

A second vessel was named in the Observer report and the statement lists the destinations of its five voyages from Dar es Salaam. Its only calls at South African ports were for repairs following mechanical breakdown. The two leaders named in the article, Ndugu Al Noor Kassam, the Minister for Water and Energy, and the General Manager of the Tanzania Petroleum Development Corporation, have instituted legal proceedings against the Observer.

Increases in prices offered to agricultural producers
As part of the policy to increase foreign exchange earnings, producer prices of key export crops- coffee, cashewnuts, pyrethrum, cardamon, cocoa and tea- have been increased by about 40%. The price of maize has been increased for producers by between 39% and 82%, with the highest increases in the major producing areas. This difference presumably reflects lower costs of collection and is also intended to encourage production in the areas most suited to maize. The producer price for cotton has been increased by up to 50% and there are also increased producer prices for castor oil seed, millet and sorghum. The Government has decided to accord priority in the allocation of foreign exchange to export-oriented institutions. Firms and commercial farms, including those in the private sector, are being allowed to retain a proportion of their export earnings in external accounts for the purchase of machinery and other necessary foreign inputs. This will greatly simplify their purchases from abroad by bypassing the normal allocation machinery. A special allocation of foreign exchange will likewise be reserved to enable peasant farmers, whether producing for export, for industry, or for food supplies to purchase necessary equipment abroad.

Tazara railway
The Chinese Government has agreed to a postponement of repayments of the loan for the building of the Tazara railway. Repayments of the principal should have begun in 198~, but will not now start until 1993. The repayment of the loan for locomotives will begin in 1987 instead of 1980. The Chinese have provided a further loan of shs.180 million for the purchase of spares for the Railway and 250 Chinese personnel working for Tazara are to stay beyond the original date intended for their return home.

As reported in Bulletin No.16, the Tazara railway has been beset with operating problems and has been working far below its full capacity. The low level of operations has clearly made it difficult to generate the revenue necessary to start to repay construction costs. The leader of the Chinese delegation to the negotiations, Madame Chen Muhua, made a diplomatic, but none the less revealing, statement: ‘I share the views of President Nyerere, it was difficult to construct a railway, but more critical to manage it well’. The Tanzanian Minister for Transport and Communications promised that strong disciplinary action would be taken against Tazara employees who did not obey operating instructions.

John Arnold

SOME ITEMS OF NEWS

Transport
The first phase of the new Dar es Salaam International Airport built with French help has been handed over to the Government.

Trade
Barter arrangements have been made with China and East Germany. Tanzania will provide China with cement, cashewnuts and timber in exchange for spare parts and raw materials; and East Germany with coffee, cotton, tea and tobacco in exchange for 10,000 bicycles.

Education
The Tanzanian Government has announced plans to establish a university in Zanzibar. Meantime, the Faculty of Agriculture, Forestry and Veterinary Science of the University of Dar es Salaam in Morogoro is due to become a separate Agricultural University on 1st. July, 1984.

Agriculture
A plague of army worms attacked crops of sorghum, millet and maize in central, coastal and northern Regions early in January. Cultivation of pepper is to start on Zanzibar to reduce the island’s over-reliance on the clove crop.

On 12th. January, President Nyerere opened a clove oil distillery plant at Wawi, four miles east of Chake Cbake on the island of Pemba. Some 24,000 hectares in Pemba are under cloves and 8,000 hectares on Zanzibar island. The plant, which has been bull t by a French firm and partly financed by a French Government soft loan, is expected to go into full operation later this year and to employ 200 people. It produces at present some 540 kilogrammes per day and when fully operating is planned to produce 1,000 kilogrammes of clove oil per day.

Livestock
A ten year plan for the development of livestock was announced at a seminar in Arusha by the Director of Livestock Development. The Government plans to invite private interests to participate in setting up large scale cattle farms and land will be made available for this purpose. Dairy plants are planned for Morogoro, Mbeya, Shinyanga, Dodoma and Mwanza Regions and existing dairies are to be upgraded. Thirteen heifer units are to be set up. Addressing the seminar, President Nyerere said: ‘Tanzania has the third largest stock of cattle in Africa, but is far from self-sufficient in beef and milk. We need to eradicate tsetse fly and turn reclaimed land into ranching areas and to take measures to combat rinderpest and foot and mouth disease. Small farmers should be encouraged to improve stock quality’.

Tourism
Shs. 15 million have been allocated for the improvement of several access roads on the northern tourist circuit. The Minister for Natural Resources and Tourism, Ndugu George Kahama, is seeking funds from overseas to tarmac the road from Makuyuni to Fort Ikoma, which passes through Ngorongoro and Serengeti.

Imports of Salt
Tanzania is expecting to obtain 10,000 tonnes of salt from Sri Lanka and Ethiopia to deal with the shortage of salt resulting from a drop in production. The Minister for Minerals, Ndugu Paul Bomani, said that domestic production of salt was continuing to improve. The average requirement in a full year for domestic consumption is 80,000 tonnes and for industry 10,000 tonnes. Production was rising at the Uvinza salt mine and in several coastal areas.

ECONOMIC SABOTAGE LAW

The Government has long been aware of losses to Tanzania’s beleaguered economy caused by the illegal activities of hoarders, black market dealers and foreign exchange manipulators. The side-tracking of scarce consumer items into private hoards with a view to profitable sale in the black market, when discovered, has aroused great public indignation at a time of grave difficulty and shortages. Yet the normal processes of the law have appeared unable to deal effectively with such crimes and hearings were often subject to serious delays and repeated ‘mention’ before magistrates. In the event, it appeared to the Government necessary to introduce a temporary emergency procedure for dealing with such cases.

Action against economic saboteurs was started on 25th. March, 1983, and appears to have been taken initially under the terms of the Preventive Detention Act, but it soon received retroactive cover under the Economic Sabotage (Special Provisions) Act, 1983, which became law on 4th. May. The original intention was to try cases of economic sabotage before a special advisory tribunal, leaving the final decision to the President, but parliament (Bunge) insisted that the Tribunal should pronounce a final verdict, leaving to the President the determination of appeals against sentence, but not against conviction.

The Act was brought into force by Presidential Order with retroactive effect to 25th. March, 1983, and remained in force for twelve months from that date, after which the President might extend it for a further six months. Any extensions beyond that period would require a resolution of Bunge. The whole body of legislation thus wore the appearance of temporary shock treatment. The Presidential Order confined the operation of the Act to Mainland Tanzania.

The Act was subsequently amended on 2nd. July by the Economic Sabotage (Special Provisions)(Amendment) Act 1983. Many of the amendments were for clarification, but certain changes of substance were introduced. Some of these have the effect of further limiting Presidentia1 discretion. The President’s power to order release on bail and the right of appeal to the President against sentence have disappeared. The Presidential power to act on any recommendation made to him by the Tribunal as he may deem fair and just is also withdrawn. The number of scheduled offences to which this legislation applies, is increased from 8 to 21. All of the scheduled offences were created by various existing laws, but removed from the jurisdiction of the courts , during the currency of the Act, except in cases to which the Act does not apply (see below). Thus, the definition of the various economic sabotage offences is to be found in the appropriate statutes. However, a written Laws (Miscellaneous Amendments) (No.2) Act, 1983, became law on 2nd. July with retroactive effect to 24th. March and extended the definition of the scheduled offence of hoarding in the Penal Code and also added to the Regulation of Trade Act, 1980, a section dealing with the improper disposal of certain goods by any person in the Party, in Government, or in any parastatal organisation. One interesting innovation in the amending Act is the authorisation of evidence on affirmation as well as on oath.

A revised Order bringing the Act into operation contains two innovations. First, drawing on his discretion to apply the Act to such persons or category, of offences as may be specified in the Order, the President ruled that the Minister for Home Affairs might direct that in serious cases the charges should be dealt with under the Criminal Procedure Code, or ‘any other written laws’. This appears to mean that there are to be three categories of economic sabotage offences. Serious charges against civil servants can be dealt with under the disciplinary procedures for the public service. Other very serious cases can be handled by the courts in the normal manner, leaving the less serious cases to come before the Tribunal. The decision rests with the Minister after considering the evidence submitted by the Inspector General of Police and it is not yet known what advantage will be taken of this discretion. The other interesting provision made in the Order indemnifies anyone who on or after 5th. April, 1983, voluntarily surrenders all goods, money, or foreign exchange which are held in contravention of the law relating to economic sabotage offences.

Cases are to be tried by a Tribunal presided over by a High Court Judge appointed by the President sitting with two other members also appointed by the President. Decisions may be by a majority of the Tribunal, which appears to mean that the presiding judge could be overruled by the other members. Sentences may be for a period of detention not exceeding 15 years and the Tribunal may make orders relating to the settlement during sentence of the person convicted and to the disposal of the property to which the offence relates by forfeiture to the United Republic.
Prosecutions are brought by Police Public Prosecutors under the direction of the Director of Public Prosecutions and the proceedings of the Tribunal are to be regarded as judicial proceedings. Thus, false testimony, wilful misrepresentation by an interpreter, or the fabrication or destruction of evidence, are punishable at law and may lead to imprisonment for seven years. The proceedings of the Tribunal are to be in public unless the premises are too small, or unless at any particular stage the Tribunal, or the prosecution, decides that proceedings should be in camera. The final judgment, however, must be given in public.

The procedure of the Tribunal is precisely laid down in Regulations. The decisions of the Tribunal are to be taken solely on the facts before it and if the Tribunal considers that the facts have not been proved it must acquit the accused. The order of proceedings, the calling by the Tribunal and the interrogation by either side, or by the Tribunal, of witnesses, the power of subpoena, the requirement of evidence on oath or affirmation and the burden of proof resting with the prosecution, except where any law otherwise provides, are practices which in general are identical with those of the courts. 8vidence must be given in the presence of the accused and taken down in writing by the Tribunal. Each witness must be informed that he is entitled to have his evidence read over to him in a language that he understands and any comments he makes must also be recorded. Evidence given in a language not understood by the accused must be interpreted to him.

The Act expressly allows the collection by the Tribunal of information whether or not it is evidence within the meaning of the law applicable in the courts. Nevertheless, the Tribunal is bound by certain rules of evidence, which so far as they go are similar to those of the courts. The Tribunal must be satisfied that the person is guilty. Confessions obtained by threat, violence, or the promise of immunity are inadmissible as evidence. The testimony of interested parties is not admitted. The accused is not compelled to give evidence in his own defence, though he is entitled to do so and to call witnesses. All evidence must be on oath or affirmation. Perjury, false evidence, or the presentation of false documents, is punishable by a fine not exceeding shs.50,000, or three years in prison, or both.

There are detailed rules governing investigation and arrest of suspects by the police. Where there are reasonable grounds for believing that an offence has been committed, a search order may be issued by the police officer in charge of an area. Arrest requires prior authorisation in the form of a warrant issued by a police officer in charge of an area, police station, or post, unless it is believed that the accused person might escape, or destroy evidence. It is for the police officer in charge of an area to decide whether there are prima facie grounds for proceedings and whether the accused should be temporarily confined for purposes of investigation. A police officer in charge of an area may also release the accused pending investigation on such conditions as are necessary, including the execution of a bond with sureties. If the police officer in charge of an area decides that the evidence does not warrant prosecution, he must release the accused forthwith.

A formal charge may be made by any police officer. However, the regulations suggest that the prior approval of the Inspector-General of Police is necessary and that the Inspector-General must thereupon apply to the Minister for Home Affairs for a confinement order authorising detention until the proceedings before the Tribunal have been completed. The Director of Public Prosecutions may give directions in writing to the Inspector-General, or to any other person involved in the proceedings.

A study of this legislation shows that care has been taken to safeguard the fairness of proceedings and avoid the misuse of powers for unworthy purposes, such as the satisfaction of a personal grudge. If faithfully carried out, the procedures laid down should effectively provide for the establishment of guilt and the release of those against whom guilt cannot be proved. It would be quite wrong, therefore, to conclude that basic human rights are ipso facto in jeopardy.

But alas! no Tribunal and no police officer is perfect and what is sadly Lacking – indeed expressly excluded by statute – is any remedy where justice miscarries. There is no appeal against conviction or sentence and no civil or criminal prosecution is possible against the Tribunal, or its servants, or any police officer, except on grounds of exceeding their authority, or acting with ‘undue negligence’. Further, legal representation of the accused before the Tribunal is forbidden by law. He has to conduct his own defence and name his own witnesses. The Government has no wish to see a guilty person found not guilty on account of a technicality and indeed if the police bring the wrong charge the Tribunal has power to alter the charge. But it is also important that the innocent should not be found guilty on account of an inadequate defence. The risk of miscarriage on legal grounds is increased by the majority rule, which makes it possible for the presiding High Court Judge to be overruled by his two non-legal colleagues. Many of these defects would be remedied by the institution of an Appeal Tribunal, perhaps under a Judge of the Court of Appeal, without disturbing the existing machinery.

J. Roger Carter

DIGEST OF TANZANIAN NEWS

Attempted coup and treason trial
In late January, Zambian and Kenyan newspapers carried reports of an attempted coup in Tanzania. It was alleged that there had been fighting in a northern garrison town and that 600 soldiers and 1,000 civilians were under arrest. These stories followed earlier reports of bandit activity on the shores of lake Victoria involving the ambushing of an army patrol. Such reports were described as greatly exaggerated by the Inspector-General of Police.

On 28th. January, 29 people appeared in court charged with conspiring to overthrow the Government by force and kill the President. The accused included Christopher Ngaiza, a personal assistant to the President responsible for the Kagera Basin Project; 14 army officers ranging in rank from lieutenant to lieutenant-colonel; a university lecturer; and several business men.

The prosecution seemed to have some difficulty is preparing its case, as there were repeated requests for adjournment. However, by the second week in June the prosecution was claiming that investigations had reached an advanced stage and that they would be ready to open the preliminary enquiry before a magistrate by the end of the month. The Government then took a decision to abandon the prosecution and it was reported that the accused people would be held in preventive detention.

On 17th. June two of those being held in maximum security, Pius Lugangila, a business man, and Hatty Naghee, a former pilot with Air Tanzania, escaped. As a consequence, the Minister for Home Affairs and the Director of Prisons resigned their posts.

Constitutional proposals and administrative changes
Amendments to the Constitution, which have been put forward for public discussion, include limiting the number of terms a President can serve, the creation of a Second Vice-President (one being for mainland Tanzania and the second for Zanzibar and the islands) and increasing the powers of the National Assembly. The system of appointments in public institutions is to be modified.
These posts will in future be advertised and the Board of the organisation together with the parent Ministry will make recommendations to the President, who will make the final decision.

The Department for the Civil Service and Manpower Development, which was previously part of the Prime Minister’s Office, has been made into a separate Ministry headed by Pius Mwandu.

Executive Directors have been appointed for the 80 new District Councils wh1ch are to be established later this year. Councils will be responsible for the provision and maintenance of economic infrastructure, social services and revenue collection. The separation of Government and Party means that the senior civil servant in a District again has the title of District Commiss1oner.

The future responsibilities of District Councils under the Human Resources Deployment Act 1983 have already been noted on page 12 (above).

Cooperative Societies
Cooperative Societies which were abolished in 1976 are to be re-established together with Cooperative Unions at Regional level. In addition to marketing crops, the Cooperatives will have responsibility for promoting agricultural production. They will do this through the supply of farm inputs and the provision of credit. In a recent speech, opening the Third Conference of Financial Institutions, President Nyerere pointed out that in the last year in which Cooperatives were acting as credit intermediaries roughly 90% of the advances made by the Tanzania Rural Development Bank were recovered on time, but after the present Crop Authorities took over this function collection had dropped to about 30% of the amount due. The President stressed the need for the Financial Institutions to support the new Cooperatives by providing simple accounting systems, which could be operated by village leaders.

The Economy
Expansion of Inter-African Trade: An agreement has been reached with Zimbabwe for the exchange of goods to the value of shs.5 million during 1983. Tanzania will send timber, sisal fibre and twine, aluminium, sea foods and salt and receive in exchange coke, animal-drawn farm implements, sanitary ware, bakers’ yeast, hurricane lanterns and blair pumps. A similar agreement with Mozambique has been extended to include food and manufactured goods.

Large Scale agricultural production: In 1983-84 the National Agricultural and Food Corporation (NAFCO) plans to extend the area under maize in Mbozi District from 600 to 1100 hektares and to establish a maize farm at Nantumbo in Ruvuma Region with an eventual area of 3,900 hektares, of which 200 hektares will be brought under cultivation in 1983-84. The total cost in 1983-84 will be shs.21 million, of which 3.4 million will be a grant from the Netherlands Government for the farm in Mbozi District and 10 million a grant from the USSR Government for Nantumbo.

Sugar is said to be selling informally at shs.30 to shs.40 a kilo, although the official price is shs.11 a kilo. Low production is attributed to lack of spare parts and bad weather. Two factories have closed and output is reduced at others. A major expansion of production is planned, which will triple output by the end of the decade. A new mill at Kagera, replacing the one destroyed by Amin’s troops, has been built and will be in production this year, though it cannot function to full capacity until the sugar estate is provided with irrigation.

A French financed factory for processing clove oil on Pemba was due to go into production in May with a capacity of 150 tonnes of oil a day.

Production of salt in 1982 was 29.2 tonnes and fell considerably short of national requirements. The principal source is the Uvinza salt works, where facilities are being extended with the help of a loan from Italy. Ten years ago half of the production from Uvinza was exported to Burundi, Zaire and elsewhere. Smaller amounts are produced in salt pans on the coast. New coastal salt pans are being built at Nwambao, Sadani and Changwahela, the last two being expected on completion to have a productive capacity of 45,000 tonnes per annum.

Tanzania’s coconut production is expected to continue to fall for the next 8 years because her stock of palm trees is over-aged, although new plantings are expected to bring an improvement after 1990. As a result, Tanzania, once a net exporter of copra and other oil seeds, is now a net importer of vegetable oils and there is little prospect of a resumption of copra and coconut oil export for the next 10 or 20 years.

Devaluation
The devaluation of the Tanzanian shilling by 20% against the US dollar took effect on 3rd. June. The new rate will be shs.12.2 to the dollar (the old one was 8hs.9.7 to the dollar). A previous devaluation of 10% took place in March, 1982. As discussed elsewhere in this Bulletin, the IMF is pressing for a more substantial devaluation. It may be that the Tanzanian Government is attempting to move to a compromise position by stages.

Mtera Hydroelectric Project
The International Development Association of the World Bank (IDA) has allocated shs.420 million towards the cost of an underground electric power plant at the Mtera dam in Iringa Region. The dam itself was completed in 1980 as part of the Kidatu Hydroelectric complex. The Tanzanian Government will contribute shs.1,372.8 million and negotiations are proceeding to raise the remaining foreign exchange from Sweden, Norway, the Federal Republic of Germany, Kuwait, Italy and France.

Agreement with Lonrho
Agreement has been announced between the Tanzanian Government and the multi-national firm Lonrho over the compensation to be paid for the Lonrho assets in Tanzania, which were nationalised in 1976. The nationalisations were a political move against Lonrho, which was accused of assisting the illegal UDI regime in what was then Rhodesia. The Chief Executive of Lonrho, Mr. ‘Tiny’ Rowland, stated in a radio interview that the company expected to resume operations in Tanzania, but President Nyerere has made it clear that Lonrho will not be allowed to come back unless it gives a satisfactory answer to the allegation that it is supporting Jonas Savimbi, the South African backed dissident group in Angola.

Education
During the budget debate the Minister for National Education, Mr. Jackson Makweta, accepted that there is an urgent need to expand secondary and university education. Such expansion would have to be on the basis that students could be non-resident and would have to use low-cost buildings.

Graham Mytton
Daniel Mbunda
and others

THE ADMINISTRATION OF JUSTICE

The need for revision of the Preventive Detention Act (see Bulletin No.15) was raised by Members of Parliament during the debate on the estimates of the Ministry of Justice during the budget session in July, 1982. The questioning of the operation of this law follows a Faculty of Law Symposium reported in the Bulletin. The Minister, The Hon. Julie C. Manning, MP, promised to investigate the possibility of reconsidering the law.

A recent broadcast in the BBC African Service and a similar report in the Guardian based on interviews with lawyers, government officials, diplomats and former detainees by Martha Honey claimed that, while Tanzania has had no political prisoners since about 1978, the detention law is being widely used against economic saboteurs and other criminals. Those suspected of crimes who cannot be prosecuted, either because of insufficient evidence, or the fear that they will bribe their way out of conviction, are detained for periods similar to the sentences they would have received if they had been convicted. The report also claims that this system, which aims to bypass corruption and inefficiency in the legal system, has produced its own rackets and that government officials, including ministers, have sometimes been demanding bribes in return for granting visits by families and obtaining the release of detainees. On occasions it is said that the President’s orders have been delayed or ignored by prison and police officers seeking bribes.

There are no official figures of the number of people detained, but recently released detainees have estimated that the figure is about 1,500. Prison conditions are over-crowded, but ex-detainees admit that cases of physical abuse are rare. In addition, there are thought to be several thousand habitual violent criminals detained under comparatively mild conditions in remote farming settlements.

Members of Parliament were concerned about the levels of the salaries of magistrates and judges, which were so low that many were leaving the judicial service. The shortage of magistrates is adding to the problems caused by the inefficient and at times corrupt administration of the lower courts. The Minister is pledged to fight bribery and has asked for the cooperation of all in reporting cases, promising to continue her policy of dismissing anyone known to have accepted a bribe.

Tanzania has now signed the Organisation of African Unity Convention on Human and People’s Rights, which prohibits arbitrary arrest and detention. Tanzania is the twelfth state to sign the convention. When a majority of the 26 members have signed, the OAU will be empowered to establish a commission to protect human rights in Africa.

(Sources: BBC African Service; Tanzanian Broadcasting Service; The Guardian for 18th. November, 1982; article by Anaclet Rwegayura in New Africa for November, 1982)