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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Freedom of movement under the Tanzania Constitution: some operational observations
Author:Wambali, M.K.B.ISNI
Year:1990
Periodical:Eastern Africa Law Review (ISSN 0012-8678)
Volume:17
Issue:1
Period:June
Pages:34-63
Language:English
Notes:biblio. refs.
Geographic terms:Tanzania
East Africa
Subjects:freedom of movement
constitutions
human rights
law
Tanzania. Constitution
Freedom
Abstract:The Constitution of Tanzania, 1977, as amended by Act No. 15 of 1984, embodies the right to freedom of movement under the headings the 'fundamental right to freedom of movement', as stipulated in article 17, and the 'individual right to freedom of person', as provided for by article 15 and supplemented by some guarantees appearing under article 13, including the right to equality before the law, the right to be heard, the right not to be convicted unless proved guilty beyond reasonable doubt, protection against ex-post-facto laws, safeguards in case of arrests, prosecution and preventive detention, and protection against torture and dehumanizing punishments. The author discusses how the provisions of these three articles operate, especially in view of the fact that some colonial legislation conferring wide discretionary powers on agents of the State is still in force, notably the Emergency Powers Orders-in-Council, 1936-1961, the Deportation Ordinance, 1921, the Expulsion of Undesirables Ordinance, 1930, and the Preventive Detention Act, 1962. In addition several pieces of legislation passed since independence, such as the Resettlement of Offenders Act, 1969, the Rural Lands (Planning and Utilization) Act, 1973, and the Registration and Identification of Persons Act, 1986, likewise afford State agents statutory discretion. Notes, ref.
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