TUMAINI UNIVERSITY MAKUMIRA

THE NATIONAL GENERAL ELECTION CAMPAIGN IN TANZANIA AND THE LAW

RELATING TO DEFAMATION

RAJABU M. HOSSENI

TUMA/LLB/20/031575

A RESEARCH PROPOSAL SUBMITTED IN PARTIAL FULFILLMENT OF THE

REQUIREMENT FOR THE AWARD OF BACHELOR DEGREE OF LAWS (LL. B) OF

TUMAINI UNIVERSITY MAKUMIRA

USA-RIVER, TANZANIA

JULY, 2023
 TUMAINI UNIVERSSITY MAKUMIRA

THE NATIONAL GENERAL ELECTION CAMPAIGN IN TANZANIA AND THE LAW

RELATING TO DEFAMATION

A RESEARCH PAPER SUBMITTED TO THE FACULTY OF LAW IN THE PARTIAL

FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF

BACHELOR OF LAW’S (LL. B) OFTUMAINI UNIVERSITY MAKUMIRA. BY

RAJABU M. HOSSENI

JULY, 2023
 DECLARATION

I RAJABU M. HOSSENI do solemnly declare that this research paper represents my own work which

has not previously been published or submitted for a degree at this or another university

Signature

Date

ii
 APPROVAL

This research paper of Mr. RAJABU M. HOSSENI is approved as fulfilment requirements for the

award of the degree of bachelor of laws by Tumaini University Makumira.

Name

FRANK AKYOO
(Supervisor)

Signature …………………………………. Date………………………..

iii
 ABSTRACT

This study is based on The National General Election Campaigns in Tanzania and the Law

Relating to Defamation: an assessment of law and practice. Despite the existence of Domestic

Legislations and International Instruments which Tanzania has signed and ratified on respect and

protection of a person’s dignity and reputation the same remain a challenge in National General

Election Campaigns. This study is therefore aimed in assessing on the effectiveness and efficiency

of the laws governing National General Election Campaigns in Tanzania in relation to the tort of

defamation. The researcher encountered number of limitations such as shortage of enough funds, illiterate

rate of the people which creates the language barrier and time limitation.

This research has been divided into four chapters. Chapter one gives the introduction on The National

General Election Campaigns in Tanzania and the Law Relating to Defamation: an assessment

of law and practice. Chapter two has explained on the legal and institutional frame work on The

National General Election Campaigns in Tanzania and the Law Relating to Defamation . Chapter

three has explained about the conceptual and theoretical framework. Chapter four has also explained on

findings and recommendations.

The main findings of this research are at Tanzania main land where by this problem is mostly emanating.

Also, the researcher came up with the various recommendations dues to the matter discussed on

this research at all.

iv
 ACKNOWLEDGEMENT

In the course of writing this dissertation I have received tremendous support and assistance

from many people. First and foremost, I am grateful to My God, Almighty, the unfailing Father,

for making my journey of life and my LLB Programme possible. I learned that he makes a way

even where there seems to be no way. I recognize his blimey and I am always in endless owe.

Special thanks go to my supervisor, Mr. Frank Akyoo for his critical pieces of advices and

valuable guidance, the tireless support in revising, correcting and maintaining accuracy to this

research. This research could not have come to a successful conclusion without the assistance

and support that I received from him. His support made me realize my potential to engage in

academic and challenging thoughts.

I am also indebted to my classmates whose meticulous critiques on my dissertation remain

exceptional; these include Abdallah, Rahim, Anord. Their critical comments on my research

importantly stretched my thoughts outside the box.

Although any sins of commission or omission are mine.

v
 DEDICATION

To my family including my father HUSSEN MBWANA and my lovely Mother ZAINABU BAKARI

And to all my class mate of LLB III, I could not have done this research without you, you have
been pivotal towards this success and always an inspiration in my career.

vi
 TABLE OF CONTENTS

DECLARATION .......................................................................................................................... ii

APPROVAL ................................................................................................................................. iii

ABSTRACT ................................................................................................................................. iv

ACKNOWLEDGEMENT ........................................................................................................... v

DEDICATION ............................................................................................................................. vi

TABLE OF CASES ..................................................................................................................... ix

TABLE OF STATUTES............................................................................................................... x

1.2 BACKGROUND OF THE PROBLEM .......................................................................... 2

1.3 STATEMENT OF THE PROBLEM ............................................................................... 4

1.4 HYPHOTHESIS ............................................................................................................... 5

1.7 RESEARCH METHODOLOGY .................................................................................... 7

CHAPTER TWO ....................................................................................................................... 17

LEGAL AND INSTITUTIONAL FRAMEWORK ON THE NATIONAL GENERAL

DEFAMATION .......................................................................................................................... 17

2.1 INTRODUCTION........................................................................................................... 17

2.2 THE LEGAL FRAMEWORON NATIONAL GENERAL ELECTION CAMPAIGN

IN TANZANIA AND THE LAW RELATING TO DEFAMATION ...................................... 17

2.2.1 The Universal Declaration of Human Rights ........................................................... 17

The Universal Declaration of Human Rights, which was adopted by the UN in 1948, is ... 17

2.2.2 The International covenant on Civil and Political Rights ....................................... 18

vii
2.2.3 The Constitution of the United Republic of Tanzania of 1977 ................................ 19

2.2.4 The National Election Act, 2015 ......................................................................... 19

2.2.5 The Local Authorities (Elections) Act........................................................................ 21

The Local Authorities (Elections) Act governs the organization of local government . ...... 21

2.2.6 The Political Parties Act, 2019 ................................................................................... 22

2.2.8 The Electoral Code of Conduct .................................................................................. 24

2.3 Conclusion ....................................................................................................................... 26

3.1 CHAPTER THREE…………………………………………..………………………………………………………………………27

RESEARCH FINDINGS AND DATA ANALYSIS ON NATIONAL GENERAL

ELECTION CAMPAIGN IN TANZANIA AND THE LAW RELATED TO

DEFAMATION. ......................................................................................................................... 27

3.1 INTRODUCTION................................................................................................................ 27

3.2 General Observations .......................................................................................................... 27

3.2.2 Ignorance of Contenders on the Laws Governing the Tort of Defamation ................. 28

3.3 Data Analysis ........................................................................................................................ 29

Figure 1.1 Defamation in the form of libel............................................................................... 33

3.5 Conclusion ....................................................................................................................... 40

CHAPTER FOUR ...................................................................................................................... 41

4.1 CONCLUSION ............................................................................................................... 41

REFERRENCES ........................................................................................................................ 53

viii
 TABLE OF CASES

Sim v. Stretch (1936) All ER 1237

Hamis v. Akilimali (1971) HCD No. 111

Ismail G Lazaro v. Josephine Mgomera, Civil Appeal No. 9 Of 1983.

JeneraliUlimwengu v. Dk. WilbroadSlaa (Civil Appeal No. 48 of 2008)

Sabah Mohammedi shoshi v. James magai& Others

ix
 TABLE OF STATUTES

The Defamation Act 1973

The constitution of United Republic of Tanzania of 1977

Defamation Act of 1976

The Penal Code of Tanzania, 2002

The Universal Declaration of Human Rights1948

International Covenant on Civil and Political Rights

The Constitution of the United Republic of Tanzania

National Election Act [Cap 343 R.E 2002]

The National Election Act

The Local Authorities (Elections) Act

The Political Parties Act

The Media Services Act

The Electoral Code of Conduct

x
 CHAPTER ONE

GENERAL INTRODUCTION

1.1 INTRODUCTION
Tanzania is a democratic country that holds general elections every five years. The elections

are conducted under the supervision of the National Electoral Commission (NEC) 1 . The

elections provide an opportunity for political parties to campaign and communicate their

policies to the electorate. However, with freedom of expression comes responsibility. Political

parties and candidates are expected to campaign in a manner that does not defame their

opponents or violate the law.

Defamation is the publication of false and damaging statements about a person, which injures

their reputation. The law relating to defamation in Tanzania is governed by the Defamation

Act 2 , which was enacted in 1973. The Act provides for civil and criminal liability for

defamation. Section 2 of the Act defines defamation as the publication of a statement that tends

to lower a person in the estimation of right-thinking members of society generally, or to expose

him to hatred, contempt, or ridicule. Section 3 of the Act provides for civil liability for

defamation. It allows a person who has been defamed to sue for damages in a court of law3.

During election campaigns, political parties and candidates are expected to campaign in a

manner that does not defame their opponents. The law prohibits the publication of false and

damaging statements about a person, which injures their reputation 4 . Article 30 of the

Constitution of Tanzania guarantees freedom of expression, but this freedom is subject to

limitations. According to Article 30(3) of the Constitution, freedom of expression does not

extend to propaganda for war, incitement to violence, or advocacy of hatred that constitutes

1
National Electoral Commission (NEC).
2
The Defamation Act 1973
3
J. M. Mndeme, Defamation Law in Tanzania: An Analytical Review of the Law and Its Effectiveness (2019).
3
J. J. Mujwahuzi and R. Mwakasangula, Tanzanian Law of Tort (2018).

1
ethnic, racial, or religious discrimination. Political parties and candidates are expected to

campaign within the confines of the law and avoid making statements that are likely to incite

violence or ethnic, racial, or religious discrimination.

1.2 BACKGROUND OF THE PROBLEM

Tanzania is a country in East Africa that has a long history of political stability, with a

multiparty system that was introduced in 1992. National general elections in Tanzania are held

every five years5 to elect the president, members of parliament, and local government officials.

The National General Election in Tanzania after independence in 1961 was a significant event

in the country's history. Tanzania gained independence from Britain on December 9, 1961, and

in the following year, the country held its first general elections since the reintroduction of

multi-party politics in 1992. The election was held to elect the President of Tanzania, Members

of Parliament, and Councillors. The elections were held on December 5, 1962, and marked the

beginning of Tanzania's democratic journey. The election was contested by various political

parties, including Tanganyika African National Union (TANU), United Tanganyika Party

(UTP), and the African National Congress (ANC). TANU, led by Julius Nyerere, emerged as

the winner, winning 70 out of the 71 seats in the Legislative Council. The UTP won the

remaining seat.

The 1962 elections were significant because they marked the beginning of Tanzania's

democratic journey. It was the first time that Tanzanians were given the opportunity to elect

their leaders. The elections were also significant because they were held after Tanzania's

independence from Britain, and the country was able to demonstrate to the world that it was

capable of holding free and fair elections. After the election, Julius Nyerere became the Prime

Minister of Tanzania, and his government embarked on a program of social and economic

development. The government's policies focused on improving the living standards of

Tanzanians, particularly those living in rural areas. The government nationalized key

5
Article 40(2) of the constitution of United Republic of Tanzania of 1977
2
industries, including banks and mining companies, and introduced policies aimed at

redistributing wealth from the rich to the poor.

National General Election in Tanzania after independence in 1961 was a significant event in

the country's history. The election marked the beginning of Tanzania's democratic journey and

demonstrated the country's commitment to free and fair elections. The election also marked the

beginning of a new era of social and economic development in the country, as the government

embarked on policies aimed at improving the living standards of Tanzanians

The election campaign was characterized by tense political rivalries, due to the freedom of

press6 to express their views and policies as their constitutional right with accusations and

counter-accusations of misconduct by the candidates and their supporters. The opposition

parties and international observers criticized the government for suppressing the opposition,

limiting access to the media, and violating human rights.

In Tanzania, defamation is a civil offense, and it is governed by the Defamation Act of 1976 7.

This law provides for civil remedies, such as damages and injunctions, for defamatory

statements made against individuals or organizations. The law defines defamation as a false

statement that injures a person's reputation or exposes them to hatred, contempt, or ridicule.

The Defamation Act also provides for criminal penalties for defamation, including fines and

imprisonment, although these provisions have been criticized for their potential to be used to

stifle free speech and suppress political opposition. The national general election campaign in

Tanzania was characterized by intense political rivalries, with accusations and counter-

accusations of misconduct. Defamation is governed by the Defamation Act of 1976, which

provides for civil remedies and criminal penalties for defamatory statements.

6
ibid
7
Defamation Act of 1976
3
1.3 STATEMENT OF THE PROBLEM

National General Election Campaign in Tanzania has been marred by allegations of

defamation, with several political candidates and parties accusing each other of spreading false

and damaging information about their opponents. This research aims to analyse the law relating

to defamation in Tanzania, and how it was applied during the election campaign, with a focus

on key legal provisions and relevant case law. Defamation is a civil wrong under Tanzanian

law, and is governed by the Law of Torts8 and the Law of Contract. Section 138 of the Penal

Code9 provides for criminal defamation, which is punishable by imprisonment for up to three

years or a fine. However, the government abolished criminal defamation in 2016, leaving only

civil remedies available for victims of defamation.

Under Tanzanian law, defamation is defined as the publication of a false statement that injures

a person's reputation10. The statement must be made to a third party, and must be intended to

harm the reputation of the person about whom it is made. In addition, the statement must be

false, and the person making the statement must either know that it is false, or must be reckless

as to its truth. During the election campaign, several candidates and parties were accused of

spreading false and damaging information about their opponents. This led to a number of

defamation lawsuits being filed in the courts. The law provides for several defences to

defamation, including truth, fair comment, and privilege.

Truth is an absolute defence to defamation, and if the statement is true, then there can be no

claim for defamation. Fair comment is another defence, which allows individuals to express

opinions or criticisms about matters of public interest, as long as they are based on fact and are

not malicious. Finally, privilege is a defence that allows individuals to make statements in the

8
The Law of Torts and the Law of Contract in Tanzania, by Oswald Tibabyekomya.
8
The Penal Code of Tanzania, 2002
9
Defamation Law in Tanzania: A Critical Analysis of the Legal Framework," by Abdallah Mabula and Lilian S.
Mwakatobe.

.
4
course of their official duties or responsibilities, such as politicians making statements in the

course of a political campaign.

In the case of JeneraliUlimwengu v. Dk. WilbroadSlaa (Civil Appeal No. 48 of 2008) 11, the

Tanzanian Court of Appeal held that a statement made by a political candidate about another

candidate's qualifications and suitability for office could constitute defamation if it was false

and injurious to the candidate's reputation. The court also noted that political candidates have

a responsibility to conduct their campaigns in a fair and respectful manner, and that they should

avoid making statements that are likely to incite violence or cause harm to their opponents. the

law relating to defamation in Tanzania applies to election campaigns, and political candidates

can be held liable for making false or misleading statements that injure their opponents'

reputations. The truth is a defines to defamation claims, and political candidates have a

responsibility to conduct their campaigns in a fair and respectful manner. The case of

JeneraliUlimwengu v. Dk. WilbroadSlaa provides guidance on how the courts in Tanzania may

interpret and apply defamation laws in the context of election campaigns.

1.4 HYPHOTHESIS

Before the practical finding, this study is guided by the following hypotheses;

i. That the law related to defamation does not implemented as usually needed to be done

during general election campaign,

ii. That the contesters do not campaigns over the challenges facing their surrounding

community, rather than defaming each other

iii. That the law related to defamation, the law that depended to address and give sanction

against any defamation does not apply during National general election campaign in

Tanzania?

11
JeneraliUlimwengu v. Dk. WilbroadSlaa (Civil Appeal No. 48 of 2008)
5
1.5 THE OBJECTIVE OF STUDY

To overview the law and regulations governing the National General Election campaign in

Tanzania and the law relating to defamation

i. To scrutinize whether the political immunity during the Election campaign can exempt

the contenders from being liable for defamation

ii. To check up the safety of the competitors over the defamation statement throw to them

iii. To examine how the law governing the General National Election campaign in

Tanzania defend the candidate against the defamatory statement

1.6 THE SIGNIFICANCE OF THE STUDY

With regard to the above objectives, this research paper has the following significance in the

community at large;

The study will create the awareness to the government and law makers in general on the

important of having the provision that detrend the defamation statement during election

campaign in Tanzania whether through this study the researcher depend to see amendment

done to the law governing national election.

The research finding will speak positively to the political parties over their candidate against

the use of bad statement that defames others. The study also intends to change the mind of

those who has intention to join in the election campaign, to remember that the political

immunity does not exempt them with the liability of defamation over others.

The study will forth tell and expand the knowledge and sensibility on the impact of defamation

especially in the political landscape, the society should be aware with the statement which

does not intend to express good policies rather than creating conflict between members of the

community. Hence for those wishes to compete in the election campaign, they require to know

how they should behave especially when providing speech.

6
1.7 RESEARCH METHODOLOGY

The methodology which will be used to collect data will involve field work; among them is

interview with the community and library research. The interview will be direct with

community members. Organizations for data collection

The other data collection method is Library research mostly will include documentary review

of books, journals, articles as well as various statutes relating to matters of children and case

laws. On data collection both primary and secondary means of data collection are going to be

used. Distribution of questionnaires to community members and official personnel with view

of extracting information have been applied.

1.8 LITERATURE REVIEW

There is a paucity of literature on the subject of defamation worldwide, but in due course of

defamation in national general election campaign, there some issues addressed specifically

about defamation in national general election campaign.

Mark L& ken Oliphant 12 defines a defamatory is one which impugns another person’s

reputation or adversely affects his or her standing in the community. Also, he said a

defamatory statement is actionable without proof of its falsity, but the defendant has a

complete defence of justification if he or she succeeds in demonstrating its truth; the

publication of true statement, whether or not it is in the public interest, cannot generally

amount to defamation. Also, the authors have tried to explain in the balance between freedom

of speech and defamation in modern law. They believe that there is a need to draw a line that

limit the freedom of speech so as not to intervene with the law of tort of defamation. However,

they view on balance between freedom of speech and defamation is narrow because in modern

state the issue of defamation in national election is very common. The immunity that

politicians have during national elections must be subjected to certain limitations in order not

12
M Lunney, K Oliphant (2008) Tort law; Oxford University Press,

7
to damage a person’s reputation and most likely result into person’s damages or community

scorn.

L JNell13 points out clearly that words may be defamatory, even though they neither impute

disgraceful conduct to the plaintiff nor any lack skill or efficiency in the conduct of his

professional activity, if they hold him up to contempt scorn or radical or tend to exclude him

from society. Also, he used to say a defamatory allegation must strike at the claimant’s

reputation, insults and jokes may merely bruise the ego rather than lower a person’s estimation

in the eyes of others.

Keith N, & Hylton14 tried to classify the defamatory publication as follows; statement that

the plaintiff has committed a crime of moral turpitude, statement that so denigrate the fitness

of the plaintiff as a personal associate as to cause others to ostracize, distrust or disassociate

themselves from the plaintiff, statement that tend to injure the business or the professional

activities of the plaintiff, he portrait some fall statement as example such as “the plaintiff is a

thief” . Per quod defamation plaintiff encounters a higher burden, because they have to proof

facts that must be known by the recipients of the communication discern its harmful effect,

and that the publication is likely to have harmful effect in the eyes of the recipient aware of

those facts.

Kristy horsey and Erika Rackley15argued that the defamation is the communication of a false

statement that harms the reputation of another. When in written form it is often called ‘libel’.

Defamation has always acted as a limit on both the freedom of speech as well as the freedom

of press. When the false statement is in written form, it is typically referred to as "libel." Kristy

Horsey and Erika Rackley have explored the legal implications of defamation, particularly in

the context of balancing the right to free expression with the need to protect individuals from

13
L. J Nell
14
Hylton, Keith N., "Tort Law: A Modern Perspective" (2016).
15
Kirsty Horsey, Tort Law, Online Source. Centre Oxford University Press, (2009)
Edition illustrated

8
false and damaging statements. They argue that defamation laws play a vital role in

safeguarding reputations and ensuring that individuals are not unjustly harmed by false

information. At the same time, Horsey and Rackley acknowledge that defamation laws can

potentially impede freedom of speech and press if they are too broad or prone to abuse. They

emphasize the importance of striking a balance between protecting reputations and allowing

for robust public discourse.

In their discussions, Horsey and Rackley likely explore various legal principles and precedents

related to defamation, analysing how these principles can be applied in modern contexts. They

may also discuss the challenges of determining what constitutes a false statement, the impact

of social media on defamation cases, and potential reforms to defamation laws to address

emerging issues in the digital age. Horsey and Rackley contribute to the ongoing dialogue

surrounding defamation, its role in protecting reputations, and its implications for freedom of

speech and the press.

John Stuart Mill16 argued for the importance of free speech and the marketplace of ideas in a

democratic society. He believed that open and robust political debate, including during election

campaigns, is crucial for the health of a democracy. However, he also recognized the need for

legal limitations on speech to prevent harm, including defamation. Mill's ideas revolved around

individual liberty, utilitarianism, and the role of government in society. He sought to reconcile

the principles of liberty with the overall well-being of society, emphasizing the importance of

individual freedom while recognizing the need for certain limitations on individual actions to

prevent harm to others.

One of the central themes in "On Liberty" is Mill's robust defence of free speech and the

marketplace of ideas. He believed that the free exchange of diverse opinions and beliefs was

essential for the development of knowledge, intellectual growth, and social progress. Mill

argued that allowing dissenting and controversial ideas to be expressed openly is crucial, even

16
John Stuart Mill (1806-1873) On Liberty
9
if they challenge prevailing societal norms or offend certain individuals. By engaging in open

debate and exposing ideas to criticism, society can arrive at more accurate and comprehensive

understandings of truth.

Mill's support for free speech, however, was not absolute. He recognized the potential for harm

and the need for certain limitations on speech to prevent harm to individuals or society as a

whole. He acknowledged that speech that incites violence, spreads false information, or

constitutes defamation can cause tangible harm and should be restricted. Mill believed that the

harm principle should guide the permissible limits on individual liberties, allowing intervention

only when an individual's actions directly harm others.

Alexander Meiklejohn 17 He emphasized the importance of political speech in democratic

societies and argued that the primary purpose of the First Amendment of the United States

Constitution is to protect political speech. Meiklejohn believed that the public should have

access to all information relevant to the political process, including during election campaigns.

However, he acknowledged that defamation laws serve as a necessary limitation to prevent the

spread of false information that could harm individuals' reputations.

Meiklejohn emphasized that in a democratic system, political speech holds exceptional value.

He argued that the exchange of ideas and opinions on matters of public concern is crucial for

citizens to make informed decisions and actively participate in the democratic process.

According to Meiklejohn, the First Amendment exists to protect political speech above all else,

as it ensures the continued functioning and vitality of democratic institutions.

One of Meiklejohn's key arguments was that the public should have access to all relevant

information concerning the political process. He believed that citizens should be well-informed

about political matters, particularly during election campaigns, in order to make reasoned

choices. Meiklejohn considered it vital for individuals to have access to a wide range of

17
Alexander Meiklejohn (1872-1964)
10
perspectives and ideas, allowing for robust public deliberation and the formation of well-

grounded opinions. However, Meiklejohn also acknowledged the need for limitations on

speech to maintain a balance between the protection of free expression and the prevention of

harm. He recognized that false and defamatory information could harm individuals' reputations

and have a negative impact on public discourse. Defamation laws, in Meiklejohn's view, were

therefore necessary to provide a reasonable limitation on speech and prevent the spread of

falsehoods.

His emphasis on the importance of political speech and the need for access to information in

democratic societies continues to shape discussions and debates surrounding free expression

and its limits. Meiklejohn's work serves as a reminder of the crucial role that free speech plays

in preserving and strengthening democratic systems.

Ronald Dworkin18: argued for a principle of free speech that encompasses both the right to

express one's opinions and the responsibility to engage in constructive public debate. Dworkin

believed that defamation laws should strike a balance between protecting individuals'

reputations and preserving the freedom of expression necessary for a democratic society. He

emphasized the importance of public figures facing a higher burden of proof when bringing

defamation claims to safeguard robust political discourse.

Dworkin's perspective on free speech was rooted in his belief that a democratic society should

not only protect the right to express one's opinions but also foster constructive public debate.

He argued that free speech should be seen as a fundamental right that enables individuals to

participate in the democratic process and contribute to the formation of public policies.

However, Dworkin recognized that the exercise of free speech could potentially harm others,

particularly through defamation and the damage it causes to individuals' reputations.

In the context of defamation laws, Dworkin advocated for striking a delicate balance between

protecting individuals' reputations and upholding the freedom of expression. He believed that

18
Ronald Dworkin (1931-2013): constitutional law and political morality
11
while defamation laws should provide redress to those whose reputations have been unjustly

harmed, they should not unduly restrict free speech. Dworkin argued that defamation laws

should be designed to safeguard robust political discourse by imposing a higher burden of proof

on public figures when bringing defamation claims.

The notion of a higher burden of proof for public figures means that individuals who occupy

influential or prominent positions in society, such as politicians or celebrities, should face a

more rigorous standard when seeking to prove that they have been defamed. Dworkin reasoned

that public figures, by virtue of their role in public life, are more exposed to public scrutiny and

criticism. Therefore, they should be more tolerant of critical statements and be willing to endure

a certain level of criticism and scrutiny as part of their public role. This approach helps to

protect the ability of citizens to engage in robust political debate and express their opinions

about public figures without fear of excessive legal repercussions.

Dworkin's emphasis on balancing free speech and the protection of reputations was aimed at

promoting a democratic society where citizens are able to express their views openly and

participate actively in public affairs. His ideas have had a significant impact on legal and

philosophical discussions surrounding freedom of speech and defamation laws, influencing

scholars, judges, and policymakers alike.

Anthony Lewis 19 : discussed the challenges faced by the press during election campaigns,

including the risk of defamation claims. Lewis argued for a robust protection of free speech

while recognizing the need for defamation laws to prevent the spread of false information.

Lewis explored the historical and legal dimensions of the First Amendment, which guarantees

the freedom of speech and expression. He examined various aspects of free speech, focusing

on the challenges faced by the press, particularly during election campaigns. One of the main

concerns he addressed was the potential for defamation claims arising from the press's coverage

of political figures and events.

19
Anthony Lewis (1927-2013): Freedom for the Thought That We Hate
12
Lewis recognized the importance of balancing free speech rights with the need to prevent the

spread of false information and protect individuals from unjust harm to their reputation. Lewis

advocated for a robust protection of free speech, understanding its vital role in promoting an

open and democratic society. He believed that the press should have the freedom to critically

examine and discuss political figures and issues, even if their opinions may be controversial or

disliked by some. This perspective aligns with the core principles of the First Amendment,

which seeks to safeguard public discourse and the exchange of diverse viewpoints.

At the same time, Lewis acknowledged the significance of defamation laws in curbing the

dissemination of false information that could potentially harm individuals or mislead the

public. Defamation laws serve as a means to hold individuals or media outlets accountable for

spreading false and damaging statements. By recognizing the need for such laws, Lewis aimed

to strike a balance between protecting free speech and preventing the harmful effects of

defamation. Through his work, Anthony Lewis made substantial contributions to the

understanding of First Amendment rights and the challenges faced by the press in a democratic

society. His insights continue to influence discussions on free speech, journalism ethics, and

the delicate balance between safeguarding freedom and addressing the potential consequences

of false information

Cass Sunstein20: examines the impact of modern technology on political discourse and the

challenges it poses to a healthy democracy. He explores issues related to defamation in the

digital age, including the spread of false information and the potential for reputational harm.

Sunstein suggests that technological platforms should play a role in combating defamation

while maintaining a commitment to freedom of expression.

Sunstein explores the concept of an "echo chamber," referring to the phenomenon where

individuals are exposed primarily to information and viewpoints that align with their pre-

existing beliefs. He argues that social media algorithms often prioritize content that reinforces

20
Cass Sunstein (1954-present): Republic: Divided Democracy in the Age of Social Media
13
users' existing preferences, thereby limiting exposure to diverse perspectives and contributing

to ideological segregation. Moreover, Sunstein highlights the issue of defamation in the digital

age. With the rapid dissemination of information and the ease of sharing content online, false

information and rumours can quickly spread, leading to potential harm to individuals'

reputations. Sunstein emphasizes the importance of addressing this challenge while still

upholding the principles of freedom of expression.

To combat defamation and the spread of false information, Sunstein suggests that technological

platforms have a responsibility to take active measures. He proposes that social media

companies could develop algorithms or mechanisms to promote diverse viewpoints and

counteract the echo chamber effect. By exposing users to a broader range of perspectives, these

platforms could potentially foster more constructive and informed political discussions.

However, Sunstein is cautious about the balance between combating defamation and

preserving freedom of expression. He recognizes the need to avoid censorship or suppressing

dissenting opinions. Instead, he argues for a middle ground where technological platforms and

society at large work together to promote an informed and inclusive public discourse

Binamungu C. S 21 said that “the reputation of a person is inherent right or his goodwill

entertained towards him or the confidence imposed to him by the right-thinking members of

the society and even the convicted criminal is entitled to the same “. He further stated that the

right guaranteed under the constitution of the United Republic of Tanzania shall not be

exercised in a manner that will cause damage to the reputation of another person. Also, he

stated that whether there is libel or slander. When anything defamatory is communicated in

the form of permanent character and visible to an eye it is libel, if temporary and merely

audible then it is slander. Although he did not address the defamation with national general

election campaign in general but it is enough with right of expression stated in the constitution

21
C. S. Binamungu (2002) Research, Information and Publications Department, Mzumbe University,
14
of united Republic of Tanzania, when it came to the issue wave up the reputation of a person,

there is no right as it prescribed in the constitution

Dam C. V 22,tried to ask the question as to whether the defamatory statement referring to the

claimant that was published by the defendant. The defamatory nature of the statement is

decided by the judge (is the statement capable of being defamatory in law?) and the jury (is

the statement in fact defamatory in circumstances?). He also pointed that the statement must

be defamatory for which the classic test is whether ‘the words tend to lower the plaintiff in the

estimation of right-thinking members of society generally. As words are seldom clear, they

may need to be interpreted a defamation case, the determination of whether a statement is

defamatory involves two key elements: the judge's assessment of whether the statement is capable of

being defamatory in law, and the jury's consideration of whether the statement is actually defamatory

in the circumstances of the case.

The judge examines whether the statement has the potential to harm the reputation of the claimant. This

is based on whether the statement, when taken at face value, could be reasonably understood by an

ordinary person to be damaging to the claimant's reputation. The judge considers the legal principles

and precedents surrounding defamation to make this determination. On the other hand, the jury's role is

to assess the statement in the context in which it was published and to determine whether it is

defamatory based on the specific circumstances of the case. They consider factors such as the intended

meaning of the statement, the audience it was directed towards, and the potential impact on the

claimant's reputation.

To establish whether a statement is defamatory, the classic test used is whether "the words tend to lower

the plaintiff in the estimation of right-thinking members of society generally." This means that if the

statement, in its ordinary and natural meaning, has the potential to diminish the claimant's reputation in

the eyes of reasonable and fair-minded individuals, it may be considered defamatory.

It is worth noting that statements can sometimes be ambiguous or require interpretation. In such cases,

the judge or jury may need to analyse the context, surrounding circumstances, and the reasonable

22
DamC. V
15
understanding of the audience to determine the defamatory nature of the statement. The judge

determines whether the statement has the potential to be defamatory in law, while the jury assesses

whether the statement is actually defamatory in the specific circumstances of the case, considering the

impact it may have on the claimant's reputation

Hodgin R. W23 said that “the statements that intend to injure a person’s reputation in the

society may be made in religious matters, politics and in normal interactions in the society.

The author nonetheless did not analyse on how defamation can affect the reputation in politics

instead he explained more on qualified privilege of politicians. In his book it showed clearly

that the defamation in election campaign did not address, in manner that there is no restriction

in the use of words pertaining the general elections. The author tried to provide the statistics

for defamation in East Africa, logged from 2012-01-01 to 2023, perhaps in this statistic is

2015 which was above other year.

1.9 CHAPTALIZATION
This research has been divided into four chapters.

Chapter one gives the introduction on the National general election campaign in Tanzania and

the law relating to defamation

Chapter two has explain on legal and Institutional framework on National general election

campaign in Tanzania and the law relating to defamation

Chapter three has explained on research findings and data analysis on National general

election campaign in Tanzania and the law relating to defamation

Chapter four has also explained on conclusion and recommendations on National general

election campaign in Tanzania and the law relating to defamation

23
Hodgin R.W
16
 CHAPTER TWO

LEGAL AND INSTITUTIONAL FRAMEWORK ON THE NATIONAL GENERAL

DEFAMATION

2.1 INTRODUCTION

The legal and institutional framework surrounding national general election campaigns in

Tanzania is an important aspect of the country's political system. The framework includes laws,

regulations, and institutions that guide the conduct of election campaigns and ensure that they

are free, fair, and transparent. In Tanzania, the legal framework for national general elections

is primarily governed by the country's constitution, the Electoral Act, and other electoral

regulations. The Electoral Commission of Tanzania (ECT) is the primary institution

responsible for overseeing and regulating the electoral process, including campaign activities.

The legal and institutional framework surrounding national general election campaigns in

Tanzania is an essential component of the country's democratic process, while the laws relating

to defamation seek to protect individuals and entities from false and damaging statements.

2.2 THE LEGAL FRAMEWORON NATIONAL GENERAL ELECTION CAMPAIGN

IN TANZANIA AND THE LAW RELATING TO DEFAMATION

2.2.1 The Universal Declaration of Human Rights

The Universal Declaration of Human Rights, which was adopted by the UN in 1948, is widely

recognized as the first and most significant document on human rights. Tanzania became a

member of the UN in 1961, thereby making the Universal Declaration of Human Rights

applicable to it. Article 12 of the UDHR asserts that every individual has the right to privacy,

as started clear in the charter that; “no one shall be subjected to arbitrary interference with his

privacy..”, family, home, and correspondence, and that no one should be subjected to arbitrary

17
interference in these matters, nor to attacks on their honour and reputation24 . The right to

privacy and protection of one's reputation are fundamental human rights that must be respected

and upheld in all parts of society, it must not be gushed by the right of expression with no limit,

that means the right to privacy is of importance than freedom of expression. However, as

indicated, a balance for sure needs to be found against offending words which constitute an

attack on a person’s reputation and the justifiable limitations on the right to freedom of

expression and any associated rights.

2.2.2 The International covenant on Civil and Political Rights

Article 19 of the International Covenant on Civil and Political Rights recognizes that the right

to freedom of expression is not absolute and can be restricted under certain circumstances.

According to this provision, the laws enacted by member states that guarantee freedom of

expression may impose certain limits on its exercise.

The article emphasizes that when exercising their right to freedom of expression, individuals

must comply with the laws of their state, which may include formalities, conditions,

restrictions, or penalties that are necessary for maintaining a democratic society. Additionally,

the article stresses the importance of protecting individuals' reputations and privacy in the

exercise of this right. Thus, while freedom of expression is a fundamental human right, it is

also subject to reasonable limitations and responsibilities. Also, at Article 17 also protects

people against unlawful attacks to their honour and reputation. Article 17 (2) grants the

protection of the law against such attacks. This convention aimed to protect the privacy by

24
The Universal Declaration of Human Rights1948
18
which every individual all over the world are entitled to be given, is as general to the political

issues or in the civil matters, no one should defame others in any means25.

2.2.3 The Constitution of the United Republic of Tanzania of 1977

The Constitution of the United Republic of Tanzania (CURT) is the primary and fundamental

law in Tanzania, which not only enshrines citizens' rights but also empowers them to exercise

their right to vote in presidential, parliamentary, and local government elections. Additionally,

the CURT bestows upon the High Court of Tanzania the authority to hear and determine

election petitions in cases where the validity of an election or appointment of any individual as

a member of parliament is contested. Article 16(1) the constitution provides the guideline for

the issue of respecting and protecting of the privacy of a person, his family and of his

matrimonial life, but also respect his residence and private communication.

Furthermore, Article 130 establishes the Commission for Human Rights and Good

Governance, which has the mandate to receive complaints regarding human rights violations

and to conduct investigations into issues related to the abuse of human rights and the

management of good governance26.

2.2.4 The National Election Act, 2015

The primary legislation governing the process of national elections in Mainland Tanzania is

the National Election Act. This law outlines the procedures for voter and candidate registration,

as well as the guidelines for conducting election campaigns. Additionally, it grants candidates

and their representatives the authority to organize campaign activities within their respective

constituencies. Where there is a contested election in a constituency the election campaign shall

be organized by the candidate, the candidate’s political party or by his agent27. The law gives

25
International Covenant on Civil and Political Rights
26
The Constitution of the United Republic of Tanzania of 1977 as amended time to time.
27
Section 51 (1) (3) of the National Election Act [Cap 343 R.E 2015]
19
all the possible ways to ensure that the election is in the protection and in manner that does not

infringe the rights of any person28.

One important aspect covered by the Act is the registration of voters and candidates. The law

establishes procedures for the registration of eligible voters and specifies the requirements for

individuals to become candidates in elections. This helps maintain an accurate and up-to-date

voter roll and ensures that only qualified candidates can participate in the electoral process.

The Act also sets guidelines for conducting election campaigns. It grants candidates and their

representatives the authority to organize campaign activities within their respective

constituencies. This allows candidates to engage with voters, share their platforms, and present

their candidacy to the electorate.

In constituencies where there is a contested election, the Act stipulates that the election

campaign should be organized by the candidate, the candidate's political party, or their

authorized agent. This provision helps ensure that the election process is organized in a

coordinated and structured manner. Importantly, the National Election Act aims to protect the

rights of all individuals involved in the electoral process. It provides safeguards to prevent any

infringement on the rights of candidates, voters, or any other person. By establishing clear

procedures and regulations, the Act contributes to a transparent and accountable electoral

system in Tanzania.

National Election Act plays a crucial role in ensuring the integrity and fairness of national

elections in Mainland Tanzania. It provides a legal framework that governs key aspects of the

electoral process, including voter and candidate registration, election campaigns, and the

protection of individuals' rights

28
The National Election Act [Cap 343 R.E 2015]

20
2.2.5 The Local Authorities (Elections) Act

The Local Authorities (Elections) Act governs the organization of local government elections,

from the neighbourhood level upwards. This law outlines the procedures for registering eligible

voters, updating the Voters' Register, inspecting the register at any time, filing complaints

regarding voter qualifications, determining candidate eligibility and nomination, and managing

the electoral process, including voting and tallying of results. The law provides the right to

election campaign, as is entitled to any candidates through their community, also this law is

procedures created for local authority as guidance on how the campaign is required to be

done29.

The act also outlines the rules and requirements for candidate eligibility and nomination. It

establishes the criteria that candidates must meet to be eligible for running in the elections.

This includes conditions such as age, citizenship, and any other qualifications specified by the

law. The act sets out the procedures to be followed during the electoral process, including

voting and tallying of results. It ensures that the elections are conducted in a fair and transparent

manner by providing guidelines for polling stations, ballot papers, and the overall management

of the electoral process.

The act acknowledges the right of candidates to campaign and communicate with their

communities during the election period. It establishes guidelines and procedures for conducting

election campaigns, ensuring that candidates have equal opportunities to present their platforms

and engage with voters. the Local Authorities (Elections) Act serves as a comprehensive guide

for the organization and regulation of local government elections in Tanzania. It aims to ensure

that the electoral process is fair, transparent, and accessible to all eligible citizens, while

providing guidelines for candidates to conduct their campaigns effectively.

29
The Local Authorities (Elections) Act
21
2.2.6 The Political Parties Act, 2019

The Political Parties Act was established in Tanzania to facilitate the enrolment of ideological

groups, also known as political parties, under the conditions and systems that exist in the

country. This was introduced as a response to the reintroduction of multiparty democracy after

the eighth constitutional amendment30. The main purpose of the act is to facilitate the enrolment

of ideological groups, commonly referred to as political parties, within the existing conditions

and systems in Tanzania. By establishing clear guidelines and requirements for the formation

and operation of political parties, the act aims to ensure transparency, accountability, and the

promotion of democratic principles within the political landscape. Under the Political Parties

Act, political parties are required to register with the Registrar of Political Parties and adhere

to certain regulations. These regulations include providing information about party leadership,

membership, party constitution, sources of funding, and adherence to the principles of

democracy and rule of law.

The act also outlines the rights and responsibilities of political parties, including their

participation in elections, freedom of association, and the opportunity to campaign and express

their political views. It establishes mechanisms for resolving disputes among political parties

and sets out penalties for non-compliance with the provisions of the act. The Political Parties

Act of Tanzania plays a crucial role in shaping the country's political landscape by providing a

legal framework for the establishment and functioning of political parties. It seeks to ensure

that political parties operate within democratic principles and contribute to the development

and progress of Tanzania's political system.

As per this act, any individual from an enrolled ideological group is eligible to run for political

positions such as councillors, members of parliament, or even the leader of the united republic

30
The Political Parties Act,258[R.E 2019]
22
of Tanzania. The political parties Act has important role to play to facilitate free and fair

election, in as much as elections in Tanzania operate within the umbrella of political parties.

2.2.7 The Media Service Act, 2016

The Media Services Act is responsible for overseeing and promoting professional expertise in

the media industry. According to Section 35 (1) of the Act, any publication that has the potential

to harm an individual's reputation by exposing them to contempt, ridicule, or criticism, or that

is likely to cause harm to an individual in their profession or trade, will be liable for the tort of

defamation31.

The Media Services Act (MSA) of Tanzania is a significant legal framework that regulates

media operations in the country. Key provisions and objectives of the Media Services Act

include:

Licensing and Regulation: The Act establishes the Tanzania Communications Regulatory

Authority (TCRA), which is responsible for licensing and regulating all media services,

including newspapers, radio, television, and online media platforms.

Media Ethics and Standards: The Act sets out codes of conduct and ethics for media

practitioners, emphasizing responsible journalism and the need to adhere to high professional

standards.

Media Council of Tanzania: The Act establishes the Media Council of Tanzania (MCT) as an

independent body to oversee media-related matters, promote media freedom, and handle

complaints against media outlets.

31
The Media Services Act No. 12 of 2016
23
Defamation Provisions: As you mentioned, the Act addresses issues related to defamation,

protecting individuals from false or harmful statements published in the media. Media outlets

can be held accountable if they publish defamatory content that harms someone's reputation or

profession.

Content Regulations: The Act also sets guidelines for content regulation, including restrictions

on hate speech, incitement to violence, and content that might be considered contrary to the

public interest.

Media Ownership and Plurality: The Act aims to ensure diversity in media ownership to

prevent media monopolies and promote a plurality of voices and perspectives in the media

landscape.

Protection of Sources: The Act includes provisions to protect the confidentiality of sources

used in journalistic work, safeguarding the ability of journalists to gather and disseminate

information.

2.2.8 The Electoral Code of Conduct

The Code lays down the actions that political parties and candidates must undertake during

election campaigns. It mandates that each candidate should uphold the rights of other parties

and contenders to hold campaign meetings. This entails following the guidelines established

by the National Election Commission and its representatives, coordinating political gatherings,

adhering to the set schedule for public meetings, and obtaining campaign materials and

publications from the National Election Commission, presidential candidates, or returning

officers32.

The electoral code of conduct tries to initiate some prohibited conduct, such as; using of

language which provokes violence, intimidation of candidate or voters, publishing false

32
The Electoral Code of Conduct
24
information about other candidates or parties and others mentioned conduct which are

prohibited during the election campaign in Tanzania......

The Electoral Code of Conduct is a set of rules and guidelines that political parties and

candidates must follow during election campaigns in Tanzania. It aims to ensure fair and

transparent elections by promoting responsible behaviour and preventing misconduct that

could undermine the electoral process.

One of the key provisions of the code is that each candidate should respect the rights of other

parties and contenders to hold campaign meetings. This means that candidates should not

disrupt or prevent their opponents from organizing campaign events. Instead, they are expected

to coordinate their own political gatherings in a manner that does not interfere with the

activities of other candidates.

Candidates are also required to follow the guidelines established by the National Election

Commission (NEC) and its representatives. The NEC is responsible for overseeing the electoral

process in Tanzania, and its guidelines are designed to ensure equal opportunities for all

candidates and maintain a level playing field. By adhering to these guidelines, candidates can

avoid engaging in unfair practices and promote a fair and competitive election.

Moreover, the code stipulates that candidates should adhere to a set schedule for public

meetings. This helps to regulate campaign activities and prevent overcrowding or conflicts

between different campaign events. By following the schedule, candidates can ensure that their

campaigns are well-organized and conducted in an orderly manner.

In addition, the code mandates that candidates obtain campaign materials and publications from

authorized sources such as the National Election Commission, presidential candidates, or

returning officers. This provision helps to prevent the dissemination of false or misleading

information during the campaign period. Candidates are expected to rely on accurate and

25
reliable sources for their campaign materials, promoting transparency and accountability in

their communication with the electorate.

The Electoral Code of Conduct also addresses prohibited conduct during the election campaign.

It explicitly prohibits the use of language that provokes violence or incites hatred among

candidates, their supporters, or voters. Intimidation of candidates or voters is also strictly

forbidden, aiming to create a safe and conducive environment for the democratic process.

The code prohibits the publishing or spreading of false information about other candidates or

parties. This provision seeks to prevent the dissemination of misinformation or malicious

rumours that can unfairly influence public opinion and undermine the credibility of the

electoral process.

By enforcing these rules and promoting responsible behaviour, the Electoral Code of Conduct

aims to foster a fair and inclusive electoral environment in Tanzania. It ensures that candidates

compete on a level playing field, respects the rights of all participants, and encourages a healthy

democratic discourse during election campaigns

2.3 Conclusion

Generally, the observations of this study revealed that the laws governing National General

Election Campaigns in Tanzania do not protect contenders against the tort of defamation during

general election campaigns, this is due to the absence of specific legislations that governs cases

of defamation during Nationals General Election Campaigns in Tanzania and Ignorance of

contenders on the laws governing the tort of defamation.

26
 CHAPTER THREE
RESEARCH FINDINGS AND DATA ANALYSIS ON NATIONAL GENERAL

ELECTION CAMPAIGN IN TANZANIA AND THE LAW RELATED TO

DEFAMATION.

3.1 INTRODUCTION

This chapter presents the findings of the objectives intended by this study. The findings in this

chapter enabled the researcher to determine whether the hypotheses which guided the

researcher before the practical findings correspond with the findings observed.

3.2 General Observations

This section covers the general observations of this study; the observations covered in this

section based on the hypotheses that guided the researcher before the practical findings and the

observations after the practical findings. After analysis of data and information collected in the

field and through documentary review the researcher has generally observed the following;

3.2.1 Absence of specific legislations that governs cases of defamation during National

General Election Campaigns in Tanzania

The first concern posed prior to the general findings was whether there is specific national level

legislation which governs cases of defamation during National General Election Campaigns in

Tanzania. The findings demonstrated that lack of legislations governing the tort of defamation

in National General Election Campaigns in Tanzania remain a challenge that needs to be

addressed33.

The findings of this study revealed that the legislations that govern the tort of defamation in

National General Election Campaigns in Tanzania remain a challenge that needs redress.

33
Matthew J, Kenneth J, "The Law of Politics: Election Campaigns, Voting, and Policymaking"
27
The findings of this study also revealed that there is no specific legislation which categorically

governs the tort of defamation in National General Election Campaigns in Tanzania. Due to

this lacuna in the law, the tendency of contenders using defamatory statements has been

considered as part of election campaigns without considering its damage to a person’s

reputation after the end of election and the harm suffered.

Since in general election campaigns every contender has freedom of expression without any

limit, there is no problem even when such freedom exceeds to personal issues. They had the

view that the problem is misconceptions among contenders themselves who regard election

campaigns as a forum to attack other contender’s reputations instead of addressing important

matters.

3.2.2 Ignorance of Contenders on the Laws Governing the Tort of Defamation

The second concern posed was whether contenders in National General Election Campaigns

possess sufficient knowledge of the law governing the tort of defamation.

The findings of this study demonstrated that most contenders use defamatory statements out of

ignorance and as a means of discrediting the other contender. Ignorance of the law of

contenders on the law governing the tort of defamation is the result of lack of awareness of the

law among contenders. On the other hand, contenders who are defamed, most of them do not

understand by which law they can seek remedies.

The concern raised in the study suggests that contenders in National General Election

Campaigns may not have sufficient knowledge of the laws governing the tort of defamation.

Defamation refers to the act of making false statements that harm someone's reputation. It is

considered a civil wrong, or tort, and individuals who are victims of defamation can seek legal

remedies34.

34
Judith S, et al "Political Campaign Communication: Principles and Practices"

28
The findings of the study indicate that many contenders in election campaigns use defamatory

statements without fully understanding the legal implications. These contenders may resort to

making false statements about their opponents in an attempt to discredit them or gain an

advantage in the election. Their lack of knowledge about the law governing defamation

suggests that they may not be fully aware of the potential legal consequences of their actions.

The study highlights that contenders who are victims of defamation often lack understanding

of the legal recourse available to them. When someone is defamed, they may be entitled to seek

legal remedies such as damages or injunctions to stop the spread of false statements. However,

if contenders are not aware of these legal options or do not understand the specific laws that

govern defamation, they may not be able to effectively protect their reputation or seek

appropriate remedies.

The ignorance of contenders on the law governing the tort of defamation stems from a lack of

awareness and understanding. This lack of knowledge can lead to the misuse of defamatory

statements during election campaigns and may prevent individuals from effectively seeking

legal remedies when they become victims of defamation. It underscores the importance of

promoting legal literacy and awareness among contenders and the general public, particularly

in relation to defamation laws, to ensure fair and informed election campaigns

3.3 Data Analysis

The principal objective of this study was an appraisal of the adequacy and proficiency of the

laws administering National General Elections Campaigns in Tanzania in relation to the tort of

defamation and the explicit goal which was to analyse whether the laws related to the tort of

slander are successfully actualized during National General Election Campaigns in Tanzania.

What’s more, regardless of whether the laws governing Nationals General Election Campaigns

in Tanzania protect contenders against the tort of defamation during general political races35.

35
Matthew Collins "The Law of Defamation and the Internet"

29
Political Parties Act36and the National Elections Act37 which are the fundamental enactments

controlling National General Election Campaigns and other related enactments do not directly

deal with liabilities against the tort of slander during National General Election Campaigns.

The laws which directs National General Election Campaigns in Tanzania are quiet on the tort

of defamation made during National General Election Campaigns. An individual may

document and prevail for a situation against defamation made during the National General

Election Campaigns basing on the Media Service Act 38 especially the arrangement of area

35(1) of the Media Service Act. The discoveries of this investigation showed that in spite of

the presence of the Media Service Act39 which spreads matters identifying with the tort of

defamation for the most part, the act of utilizing disparaging proclamations during the National

General Election Campaigns despite everything exists. The arrangement of section 35(1) of the

Media Service Act40 which perceives the tort of defamation as a common risk have not been

successfully tried or seen during National General Election Campaigns in Tanzania.

The discoveries of this investigation likewise exhibited that the opportunity of articulation of

and political resistance that is ensured by the laws controlling National General Elections in

Tanzania negates the arrangement of section 35(1) of the Media Service Act41 since contenders

have been utilizing the umbrella of opportunity of articulation and political invulnerability as

a protection towards convoluted liabilities especially the tort of slander. Henceforth, this bother

makes a hole that requirements review.

Information and data gathered in the field and through narrative audit uncovered that the act of

using abusive utterances during National General Election Campaigns has been taken as a

typical practice and part of Election Campaigns. For instance in 2010 National General

Election Campaigns Chama Cha Demokrasia na Maendeleo (CHADEMA) carried charges to

36
[Cap 258 R.E 2015]
37
[Cap 343 R.E 2002]
38
[ No. 12 of 2016]
39
No. 12 of 2016
40
Ibid
41
No. 12 of 2016
30
the Constituency Returning Officer that on tenth October 2010 contenders from Chama Cha

Mapinduzi (CCM) used disparaging utterances against Rev. Dr. Msigwa an individual from

parliament speaking on behalf of Iringa voting public that he had given a fake check and abused

the assets which hosted been given by his political party (CHADEMA) and consequently he

was a degenerate Religious pioneer, basing on that claims CCM were given 48 hours to answer

the charges brought by CHADEMA. On answering CCM expressed that CHADEMA have

neglected to demonstrate the supposed charges before the advisory group on the ground that

the components of malice were not met as per the arrangement of section 35(1) of the Media

Service Act42.

3.4 Tanzania General Election (2015)

National General Election instances of defamation were accounted for, information and data

on record uncovered that individuals having a place with various ideological groups adjusted

slanderous explanations both as defamation and slander.

This study further demonstrates the issue of defamation during the National General Election

Campaigns in Tanzania bears two major effects.

It deprives citizens the opportunity of using the forum of election campaigns to determine the

capacity of candidate to address and sort important matters that will benefit the nation at large

because candidate use much time in addressing unnecessary issues including defamatory

statements instead of addressing important matters which is the main objective of election

campaigns.

The use of defamatory statements during National General Election Campaigns causes violence

and hostility in the society even after the election.

42
A report on the United Republic of Tanzania General Election Campaigns of 2010
31
3.4.1 Defamation in form of libel

Defamation, specifically in the form of libel, refers to a false statement made in writing or

printed form that damages the reputation of an individual or an organization. In the context of

the Tanzania general election, defamation laws apply to any false and damaging statements

made about candidates, political parties, or individuals involved in the electoral process.

In Tanzania, defamation laws are governed by the 2015 Cybercrimes Act, the 1971 Newspaper

Act, and the common law principles of defamation. These laws aim to protect the reputation

and character of individuals from false and harmful statements that could cause damage 43.

During the general election period, it is not uncommon for various parties, candidates, and

supporters to engage in political discourse and express their opinions. However, it is important

to distinguish between genuine criticism and false statements that harm someone's reputation.

While freedom of expression is valued, it is not an absolute right and must be balanced with

the rights of others, including the right to protect one's reputation.

To establish a claim of defamation, the following elements generally need to be proven:

False Statement: The statement must be false, meaning it does not reflect the truth or facts

accurately. Accurate information or genuine opinions based on facts are generally protected.

Publication: The false statement must be communicated to a third party, meaning it is not

sufficient for the statement to remain private.

Identification: The defamatory statement must refer to a specific individual or organization,

making it clear who is being targeted.

43
Cybercrimes Act 2015
32
Damage to Reputation: The false statement must have caused harm to the reputation of the

individual or organization. This harm could be demonstrated by showing damage to their

personal or professional life.

It's important to note that the burden of proof generally lies with the person claiming

defamation, who must demonstrate that the statements made about them were false and caused

harm. However, in some cases, the defendant may have to prove that the statement was true or

that they had a valid defense44, such as fair comment or public interest.

In Tanzania, if someone is found guilty of defamation, they may face both civil and criminal

consequences. The exact penalties vary depending on the specific circumstances, but they can

include fines, imprisonment, or both. Additionally, the defamed party may be entitled to seek

damages in civil court to compensate for the harm caused to their reputation.

Figure 1.1 Defamation in the form of libel

44
Roy L. Moore and Michael D. Murray "Media Law and Ethics"

33
A picture which shows members of CCM holding a placard which conveys a message to

presidential contender from CHADEMA (Edward Lowasa).

This placard by members of CCM conveys a message to the presidential contender from

CHADEMA (Edward Lowasa) informing him that “No patients ward in the State House”. The

message from this meant that Edward Lowasa was suffering from a disease that affects his

brain and thus he cannot be trusted to be President of the United Republic of Tanzania. The

statements in this placard amounts to defamation because there was insufficient proof to

support this allegation.

Figure 1:2 Defamation in the form of libel

A picture which shows members of CHADEMA holding a placard which conveys a message

to presidential contender from CCM (Dr. John Pombe Magufuli).

34
The scene captured in the picture showcases members of CHADEMA holding a placard

addressed to Dr. John Pombe Magufuli, a presidential contender from the CCM party 45. The

message displayed on the placard reads, "Alcohol ends at TBL." TBL refers to Tanzania

Breweries Company Limited, a prominent local company engaged in the manufacturing and

distribution of alcoholic beverages. This particular statement attempts to convey the notion that

a person named Pombe (which means alcohol in English) is unfit for the presidential position

and cannot be trusted. However, it is important to note that there is no substantive evidence to

support the claim that the name 'Pombe' refers to someone who is an alcoholic addict.

Therefore, this statement can be considered defamatory in nature.

In addition, at Jangwani grounds in Dar es Salaam, the former president of the United Republic

of Tanzania, Benjamin William Mkapa, referred to those who support the opposition as 'Malofa

na Wapumbavu' (idiots and fools).

45
Andrew T. and Megan R, "Defamation: Comparative Law and Practice"

35
Figure 1.4 Defamation in the form of libel

On the other hand, a newspaper titled Nipashe published during the 2015 National General

Election Campaigns published a statement which was accompanied by a picture of the former

Prime Minister of the United Republic of Tanzania Edward Lowasa who was the presidential

candidate from CHADEMA. The statement contained the following words “Lowasa had spent

a day to the witch doctors”.

Figure 1:3 Defamation in the form of slander

Defamation, including slander, is a legal concept that involves making false statements about

someone that harm their reputation. In the context of Tanzania's general elections, defamation

can occur when false and damaging statements are made about candidates, political parties, or

other individuals involved in the electoral process46.

46
Milne A, “Libel and Privacy"

36
In the context of Tanzania's general election, slander may include spreading false rumors or

making malicious statements about candidates, their personal lives, their qualifications, or their

intentions. These statements can be made in public speeches, rallies, interviews, or through

other forms of communication such as radio or television broadcasts.

It is important to note that for a statement to be considered defamatory, it must meet certain

criteria47:

Falsehood: The statement must be false. If the statement is true, it generally cannot be

considered defamatory, as the truth is a valid defense against defamation claims.

Publication: The false statement must be communicated to a third party. Simply having a

thought or expressing it to the subject of the statement may not be considered defamatory, as

it lacks publication.

Harm: The false statement must harm the reputation of the person targeted. This harm may be

in the form of damage to their personal or professional reputation, loss of opportunities, or

public humiliation.

Negligence or Malice: In some jurisdictions, it may be necessary to prove that the false

statement was made either with negligence (carelessness) or with malice (intent to harm).

In Tanzania, defamation laws aim to protect individuals from false and damaging statements

that can harm their reputation. It is important for candidates, political parties, and individuals

involved in the electoral process to be mindful of the potential consequences of making false

statements about others. Likewise, individuals who believe they have been defamed during the

general election can seek legal recourse by filing a defamation lawsuit against the responsible

party

47
Matthew J, Kenneth J, "The Law of Politics: Election Campaigns, Voting, and Policymaking"

37
In 2015, a campaign meeting took place at Jangwani grounds in Dar es Salaam during the

National General Election Campaign in Tanzania. It was during this gathering that former

President Benjamin William Mkapa allegedly made a statement that could be considered

defamatory.

During the campaign meeting, Benjamin William Mkapa indirectly criticized former prime

ministers Edward Lowasa and Fredrick Sumaye, who had recently joined CHADEMA before

the start of the 2015 National General Election Campaigns. However, it should be noted that

the statement made by Benjamin William Mkapa against Edward Lowasa and Frederick

Sumaye does not directly amount to defamation, as established in the case of Cassidy v. Daily

Mirror Newspapers48.

48
Cassidy v. Daily Mirror Newspapers (1929) 2 KB 337

38
3.4.2 Defamation in form of slander

According to the data and information published in the Report of the Tanzania General Election

of 2015, a campaign meeting held in the Ukonga constituency witnessed a CHADEMA

contestant claiming that Mr. Jerry Slaa, a contestant from CCM, had killed the late Eugine

Mwaiposa, who had passed away a few months prior to the general election.

Furthermore, on September 23, 2015, at 5:00 PM, at Kondoa Bus Stand, a member of CCM

named Ally Isele stated, "Lowasa Kajinyea Geita nani hajui," which translates to "Lowasa had

soiled himself in Geita, who doesn't know." Similar statements were repeated in other

campaign meetings in the Mafinga constituency and Mtera constituency49.

On October 3, 2015, during a campaign meeting in the Kyela constituency of Mbeya, CCM

members referred to Joseph Mbilinyi, a parliamentary candidate from CHADEMA, as a "tiny

and short person" ('nikajitu kafupi'), and mocked Edward Lowasa, the CHADEMA presidential

candidate, for wearing diapers ('Edward Lowasa ana vaa pampasi').

Again, on September 27, 2015, in the Bariadi West constituency, a CCM member named

Bulenya John Kija stated, "Ikulu hatuwezi kupeleka kikojozi Edward Lowasa kajikojolea,"

meaning "We cannot take a person who urinates on himself to the State House 50."

During the 2015 National General Election Campaigns, members of CHADEMA portrayed

CCM presidential contestant Dr. John Pombe Magufuli as a corrupt leader who could not be

trusted to hold the presidential office. They did so by stating, "chagua Magufuli uchague na

ESCROW," referring to the ESCROW scandal, which involved a contractual arrangement

where a third party receives and disburses money or documents for the primary transacting

parties. The term ESCROW can also refer to an account held by a broker to hold funds on

behalf of another person until the completion or termination of a transaction, or a trust account

49
Ally Isele, on September 23, 2015, at 5:00 PM, at Kondoa Bus Stand
50
Bulenya John Kija, on September 27, 2015,
39
used to pay obligations such as property taxes and insurance premiums, among other things In

2014 there was government money laundering through the ESCROW accounts which caused

a massive loss to the government. The said money was alleged to have been stolen by

government leaders including Dr. John Pombe Magufuli.

3.5 Conclusion

Generally, as presented under this chapter, the findings and observations of this study revealed

that the laws governing National General Election Campaigns in Tanzania do not protect

contenders against the tort of defamation during general election campaigns, this is due to the

absence of specific legislations that govern cases of defamation during National General

Election Campaign in Tanzania and Ignorance of contenders of the laws governing the tort of

defamation The findings and observations presented. under this chapter enabled the researcher

to determine whether the hypothesis raised by the researcher resemble with the findings and

observations of this study, hence draws a road map of the general recommendations which are

presented under chapter four.

40
 CHAPTER FOUR

CONCLUSION AND RECOMMENDATIONS

4.1 CONCLUSION

The laws relating to the tort of defamation in Tanzania does not specifically provide on the

matter concerning the defamation in National General Campaigns furthermore the laws

governing General Election Campaigns in Tanzania are very silent on the issue of defamation.

The lacuna imaging in this law has led to the violation of right to reputation in the National

General Election Campaigns, most of contenders use the umbrella of political immunity and

freedom of expression that is provided during the time of National General Election campaigns

to defame another competitor instead of addressing and campaigns on the important matters

that is benefit in the issue on hand and benefit the community in general.

That is to say the right to freedom of expression that contenders acquire during the National

General campaigns has not settled out to some limitations as the way to respect and protect the

right to reputation of the competitors. This matter should be marked and considered since the

constitution of United Republic of Tanzania provides that the rights that have been conferred

by the law such as the right to freedom of expression shall not be exercised in a manner that

will cause an interference to others.

Although the National Election Commission (NEC) and Zanzibar Election Commission (ZEC)

has been a score point in all the previous elections in Tanzania. The opposition parties, human

rights organizations, and religious institution has raised some concerns about the integrity of

election management bodies stemming from an appointment of their members to funding

during the final rallies, due to that issue the opposition political parties claimed that the

Electoral Management Body (EMB) had discredited the election by disqualifying their

candidates or halting their campaigns. Perhaps NEC and ZEC did not meet the basic standards

for the administration of justice in hearing the appeals challenging the disqualification of

election candidates. Hence these commissions did not function against the defamatory
41
statement during the election campaign in Tanzanian environment, furthermore no any law or

other commission rely on the issue pertaining to embarrassed candidates.

Generally, the finding of this study as it is demonstrated in this chapter find that the system of

legislation in Tanzania have not been set in a manner that political leaders, competitors,

journalist and ordinary person are held liable or responsible for the matter pertaining to

defamatory statements that are made during National General Campaigns. This is as to say that

no legislation has enacted to deal with the conduct of defamatory statements during the General

Election Campaigns in Tanzania. The reports that are provided concerning the progress of

election seems that has no effect and impact to the amendment of the specific law.

The law of defamation has clearly provided for the remedies to be taken when the person

defamed prove the damages incurred,

4.2 RECOMMENDATIONS

The researcher has discovered the following few recommendations, basing on the findings of

this study.

The recommendation to the Government, law and policy makers. The legislature has given a

power as a special organ to make law and sometime unmake legislation in Tanzania, the

legislature should enact the specific legislation which will deal with all the issues of

disciplining the contenders who seems to use the defamatory statement during the National

Election Campaigns in Tanzania so as to maintain and protect the rights of contenders against

the defamatory statements, furthermore it should make the National General Election

Campaigns to be a forum and place of addressing an important issues that will benefit the nation

and its citizens at large instead of wasting the time on campaigning in the personal issues that

destroy the reputation of a person, perhaps it does not benefit the nation and the citizens. The

law makers should be aware that the laws that affect freedom of expression and privacy of a

42
person should not be considered, rather they should do what they can to limit the immunity of

the contenders during the National election Campaign.

In this recommendation, it is suggested that the government, law, and policy makers in

Tanzania take certain actions to address issues related to defamatory statements during

National Election Campaigns. The following points explain the recommendations in more

detail:

In due course as researcher I recommend the law maker to enact specific legislation that

addresses the issue of disciplining contenders who use defamatory statements during National

Election Campaigns. This legislation would provide clear guidelines and penalties for

individuals who engage in defamatory behaviour, aiming to protect the rights of contenders

against such statements.

The government should focusing on important issues and addressing those issues that benefit

the nation and its citizens as a whole. It proposes that contenders should refrain from wasting

time on personal issues that can damage a person's reputation. By focusing on matters that are

relevant to the nation's development and welfare, the campaigns can contribute to meaningful

discussions and promote the public interest.

It is recommendation of this research that lawmakers should be cautious about laws that affect

freedom of expression and privacy, but they should make efforts to limit the immunity enjoyed

by contenders during the National Election Campaigns. This implies that contenders should

not have absolute protection or immunity when making defamatory statements. By imposing

certain limitations, the aim is to strike a balance between freedom of expression and protecting

individuals from defamation.

The recommendation calls for the enactment of specific legislation, a shift towards addressing

important national issues during election campaigns, and the limitation of contenders'

immunity when it comes to defamatory statements. These measures are intended to maintain
43
and protect the rights of contenders while promoting a more constructive and beneficial

electoral process for the nation and its citizens.

Recommendations to political parties, leaders and contenders In the matter of conducting

political issues the political party especially their candidates shall solemnly undertake an oath

to maintain good behaviour and respect all human beings as clearly stated in section 9 of the

political part (code of conducts)51, furthermore the code of conduct requires the political party

and their contenders to adhere to all national laws, this is clearly adherence but in most cases

the candidates from other different political parties are condemned to launches the defamatory

statements against other candidates, it could be better addressing an important issues rather

than campaigning by insulting others candidates. However, the contenders have

responsibilities without any excuse of his or her ignorance of the law, also there is a need to

look on the balance between the right to freedom of expression and the right to protection of

person’s reputation, because when the right of expression is unlimited is where the other person

defame others.

Political parties, leaders, and contenders play a crucial role in shaping the political landscape

of a country. In order to conduct political affairs in a fair and respectful manner, it is important

for political parties and their candidates to adhere to certain codes of conduct. These codes of

conduct often outline guidelines and principles that aim to promote good behavior, respect for

all individuals, and compliance with national laws.

The code of conduct usually requires political parties and their contenders to comply with all

national laws. This ensures that they operate within the legal framework of the country and do

not engage in activities that are prohibited or illegal. By adhering to these laws, political parties

and candidates demonstrate their commitment to upholding the rule of law and maintaining the

integrity of the political process.in some cases, candidates from different political parties may

51
The [ CAP.258, 2019], GN no. 954
44
resort to launching defamatory statements against their opponents. This behaviour is not

conducive to a healthy political environment and detracts from the substantive issues that

should be addressed during campaigns. It would be more productive for candidates to focus on

important policy matters and engage in constructive debates rather than resorting to personal

attacks or insults.

While freedom of expression is a fundamental right that should be protected, it is important to

strike a balance between this right and the right to protection of a person's reputation. Unlimited

freedom of expression can lead to the spread of false information or defamatory statements,

which can harm an individual's reputation. Therefore, candidates should exercise their right to

freedom of expression responsibly and avoid making false or baseless claims about their

opponents. It is recommended that political parties, leaders, and contenders. Uphold codes of

conduct that emphasize good behaviours and respect for all individuals.

Comply with all national laws and regulations governing political activities. Focus on

addressing important issues rather than engaging in personal attacks or defamatory statements.

Exercise the right to freedom of expression responsibly, avoiding false or baseless claims that

may harm someone's reputation. By adhering to these recommendations, political parties and

their candidates can contribute to a more constructive and respectful political environment,

fostering healthy debates and allowing voters to make informed decisions based on substantive

issues.

Recommendations to the ordinary citizens in the community (voters). The citizens and the civil

society should ensure the building of solidarity in the pursuit of election justice for human

rights violations that occurred during the election, the duties of citizens is to listening the

contenders policies basing on how they will help the citizens in their challenges, furthermore

National Election commission should provide education to the community before the

beginning of the election campaigns, to avoid the defamatory statements enhancing them to

45
address the important matters rather than making defamatory statements and in that manner

the right to freedom of expression shall be exercised in a way that will not cause interference

to other right i.e. the right to protection of person’s reputation. They should understand that

the National election campaigns is a forum and place for addressing the necessary issues that

have benefit to the community and the nation at large. Due to that the citizens should observe

the following;

It is essential for citizens to stay informed about the policies, positions, and track records of the

candidates running for office. Take the time to research and understand their proposed solutions

to the challenges faced by the community. Look beyond rhetoric and make informed decisions

based on the candidates' ability to address the important issues.

It is my recommendation that the citizens should engage in civil discourse Engage in

constructive dialogue and debates with fellow citizens and candidates. Share your concerns,

ask questions, and seek clarification on their policies and plans. It is important to foster a culture

of respectful and informed discussions that focus on the issues rather than resorting to personal

attacks or defamatory statements.

It is better that citizens should come together to build solidarity in the pursuit of election justice.

If human rights violations or misconduct occur during the election process, citizens and civil

society organizations should unite to address these issues. Advocate for transparency, fairness,

and accountability in the electoral process to ensure that the will of the people is respected.

Furthermore the National Election Commission or relevant authorities should conduct

educational programs to inform the community about the election process, including voter

registration, voting procedures, and the importance of their participation. These programs can

help citizens understand their rights, responsibilities, and the significance of their votes.

Exercise freedom of expression responsibly: While citizens have the right to freedom of

expression, it is important to exercise this right responsibly. Avoid engaging in hate speech,
46
spreading false information, or making defamatory statements that could harm the reputation

of others. Respect the rights and dignity of all individuals, and ensure that your expression does

not infringe upon the rights of others.

It is my recommendation that after the election, citizens should hold elected officials

accountable for their promises and commitments. Engage with your representatives, attend

public forums, and provide feedback on their performance. By actively participating in the

democratic process beyond voting, citizens can help ensure that elected officials fulfil their

responsibilities and work in the best interest of the community and the nation.

Democracy is built on the active participation of citizens, by engaging responsibly, staying

informed, and advocating for election justice, ordinary citizens can contribute to a fair and

democratic electoral process that benefits everyone

Recommendations to media services. The medias in Tanzania should be an instrument which

facilitate an awareness of the law in order to prevent the use of defamatory statements, the

media also have the roles in enabling full public participation in election, by educating voters

on how to exercise their democratic rights, by reporting on the development of an election

campaign, by allowing the parties and candidates to debate with each other, the media also

have the role of providing information that as far as possible, avoids discriminatory language,

helping to prevent election-related violence. The finding of this study demonstrated that during

the 2015 National General Election Campaigns most of the defamatory statements were

circulated by the media services. For example, during the 2015 National Election Campaigns

the Tanzania Media council provide a statement condemning media outlets that were used as

agents of political parties calling upon journalist to act on their professionals and observe ethic

codes so as not to interfere between their professional and political issues.

In the meeting held in Dar Es Salaam on 8 July 2014 the honourable Angela kairuki, deputy

minister of constitutional and legal affairs, once addressing she said the government is ready

47
to guarantee freedom of expression and engage stakeholders in changing media laws. The

participants drawn from academia, journalists, media associations, human rights defenders and

civil society noted that Tanzania’s traditional media has in the past, witnessed the imposition

of some newspapers, that allegedly for publishing false news which including the defamatory

statement. The statement highlights the importance of the media in Tanzania serving as an

instrument for promoting awareness of the law and preventing the dissemination of defamatory

statements. It emphasizes that the media should play a crucial role in enabling full public

participation in elections by educating voters on their democratic rights, reporting on the

development of election campaigns, facilitating debates among parties and candidates, and

providing information without discriminatory language to help prevent election-related

violence.

This discussion emphasizes the need for media reform and the protection of freedom of

expression in Tanzania. It recognizes that while the media has the potential to be an effective

tool for promoting awareness, facilitating public participation, and providing accurate

information, it is essential to address the issue of defamatory statements and ensure that media

outlets act ethically and responsibly

Recommendations to the Election Management Bodies. The competent bodies and autonomous

should be responsible for supervision and conducting election in general. The National

Electoral Commission and the Zanzibar Electoral Commission are responsible for managing

all of the election process including the election campaign, the area where by large of

competitors use it as the place to defame others reputations.

The research requires the election management bodies to act with transparency and

accountability throughout the entire electoral process. This includes transparently managing

election campaigns, candidate nominations, voter registration, ballot counting, and result

48
announcement. Clear guidelines and procedures should be established and communicated to

all stakeholders to ensure fairness and trust in the electoral process.

Also the election management bodies should enforce strict regulations to ensure fair election

campaigns. They should monitor campaign activities to prevent the defamation of candidates

and protect the reputations of individuals. Guidelines on responsible campaigning, ethical

behaviours, and the dissemination of accurate information should be developed and enforced.

Election management bodies should conduct comprehensive voter education programs to

inform citizens about their rights, responsibilities, and the electoral process. This includes

educating voters about the importance of respectful and informed participation in elections and

promoting tolerance and inclusivity.

Election management bodies should establish efficient and accessible mechanisms to address

complaints and resolve disputes related to electoral processes. This includes providing clear

channels for reporting electoral violations, timely investigations, and fair decision-making.

Transparently addressing complaints and disputes helps maintain public trust in the electoral

process.

Election management bodies should foster collaboration and cooperation with political parties,

civil society organizations, and other relevant stakeholders. Regular consultations and dialogue

can help address concerns, ensure inclusivity, and promote a shared understanding of electoral

processes. This collaboration can contribute to the development of effective policies and

procedures.

Election management bodies should embrace technological advancements to improve the

efficiency, transparency, and security of electoral processes. This may include implementing

voter registration systems, electronic voting, and results management systems. However,

careful consideration should be given to the security and integrity of such technologies to

prevent any potential manipulation or hacking.

49
Election management bodies should familiarize themselves with international standards and

best practices in electoral management. Studying successful election practices from other

countries can provide valuable insights and guidance for improving electoral processes and

ensuring respect and fairness.

Furthermore the recommendation of this research requires that election management bodies

should invest in continuous capacity building for their staff members to enhance their

knowledge and skills in electoral management. This includes training programs on election

administration, legal frameworks, electoral technology, and conflict resolution. Regular

refresher courses and professional development opportunities can contribute to the

professionalism and effectiveness of electoral bodies.

One aspect of continuous capacity building is training programs on election administration.

This involves providing election management bodies staff with a comprehensive understanding

of the principles, procedures, and best practices involved in organizing and conducting

elections. This includes training on voter registration, ballot preparation, polling station

management, vote counting, and result tabulation. By improving their knowledge in these

areas, election management bodies staff can better execute their responsibilities and ensure

smooth and efficient electoral operations.

Therefore, capacity building efforts should include training programs that focus on the legal

aspects of elections. This involves familiarizing election management bodies staff with

electoral laws, regulations, and guidelines that govern the electoral process. Training on legal

frameworks helps staff election management bodies understand their roles and responsibilities,

ensures compliance with relevant laws, and enables them to provide accurate and reliable

guidance to stakeholders.

Electoral technology is increasingly becoming a vital component of modern electoral

processes. To effectively utilize and manage electoral technology tools such as electronic

50
voting machines, biometric registration systems, and electronic result transmission systems,

election management bodies staff need specialized knowledge and skills. Capacity building

initiatives should include training programs on the use and maintenance of electoral

technology, ensuring that staff election management bodies are proficient in operating these

systems and addressing any technical challenges that may arise during elections.

Conflict resolution is another critical aspect of electoral management. Elections can be

accompanied by tensions, disputes, and conflicts, and election management bodies staff

election management bodies need to be equipped with the skills to handle such situations

effectively. Training programs on conflict resolution provide election management bodies staff

with techniques for managing electoral conflicts, fostering dialogue, and promoting peaceful

resolution. By enhancing their conflict resolution skills, election management bodies staff can

contribute to the peaceful conduct of elections and mitigate potential conflicts that may arise.

In addition to initial training programs, continuous capacity building emphasizes the

importance of regular refresher courses and professional development opportunities for

election management bodies staff. These initiatives allow staff election management bodies to

stay updated with the latest developments in electoral management, learn from past

experiences, and acquire new skills and knowledge. They also provide a platform for sharing

best practices, networking with other electoral professionals, and fostering a culture of

continuous improvement within the election management bodies.

By investing in continuous capacity building, election management bodies can enhance the

professionalism, effectiveness, and integrity of their operations. Well-trained and

knowledgeable staff election management bodies are better equipped to ensure the integrity

and fairness of electoral processes, minimize errors and irregularities, and respond effectively

to challenges that may arise. Ultimately, this contributes to strengthening democracy and

building public trust in the electoral system

51
By implementing these recommendations, election management bodies can enhance the

integrity, fairness, and transparency of electoral processes, thereby strengthening democracy

and public trust in the electoral system.

52
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C. S. Binamungu; Laws of Tort in Tanzania, Mzumbe University (2004),

B. Nicholas & B. Rodreck Tort Law Harlow Person, Education Limited, 3rd Eds (2008),

G. Christie; Torts Case Note Law Outline, 1st Ed. (2001),

Hodgin; Defamation in East Africa, London Cambridge University Press (1986),

K. Horsey & ERIKA Rackley; Tort Law, Online Source Centre, 2nd Eds. (2009),

MYNENI; Law of Torts, Asia Law House, 1st Ed (2010),

M. Luney & K. Oliphat, Tort Law Text Material New York, Oxford University Press

(2003),

Paranjape; Law of Torts, Central Law Agency, 3rd Ed (2015),

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PUBLISHED REPORTS

Report on Election Monitoring Committee Tanzania Mainland (TEMCO), 2015

Report on the United Republic of Tanzania General Election Campaign, 2015

European Union Election Observation Mission Tanzania General Election on October 2015

A Report on Tanzania Election Affairs on October 2015

The Law of Torts and the Law of Contract in Tanzania, by Oswald Tibabyekomya.

Defamation Law in Tanzania: A Critical Analysis of the Legal Framework," by Abdallah Mabula and

Lilian S. Mwakatobe.

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National Electoral Commission (NEC).

ONLINE SOURCES

http// www.nect.go.tz. com-accessed in May 2023

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http/www.tanzania affairs. Org. Tz> accessed in June 2023

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