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The Right to Organise as Mother of All Rights: the Experience of Women in Tanzania

Published online by Cambridge University Press:  11 November 2008

Nakazael Tenga  and
Chris Maina Peter
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Extract

The right to organise is of the greatest importance because of our need to come together in order to pursue common interests and goals. It goes hand in hand with the right to associate and to assemble freely, covers all sections of society, and its highest manifestation is normally the creation and continuing significance of political parties, trade unions, and other non-governmental organisations.

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Articles
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The Journal of Modern African Studies , Volume 34 , Issue 1 , March 1996 , pp. 143 - 162
Copyright
Copyright © Cambridge University Press 1996

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References

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32 The Marriage, Divorce, and Succession (Non-Christian Asiatics) Ordinance empowered the High Court to apply the laws of the religion of Muslims and Hindus to marriage. Islamic law could also be applied by virtue of Section 14 of the Magistrates' Court Act, 1963, and by Proviso (ii) to Section 9 of the Judicature and Application of Laws Ordinance. It was also recognised in the Mohammedan Estates (Benevolent Payments) Ordinance and the Land (Law of Property and Conveyancing) Ordinance.

33 Section 9 of the Judicature and Application of Laws Ordinance enabled ‘Natives’ to be married and divorced according to their customary rules, subject to the clause that restricted the application of those considered to be repugnant to natural justice or morality. Most of the customary laws relating to marriage and divorce were later unified and codified under the Local Customary (Declaration) Order, 1963. See Rwezaura, B. A., State Law and Customary Law: reflections on their relationship in contemporary Tanzania (Saarbrücken, Europa-Institut der Universität des Saarlandes, 1987).Google Scholar

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36 See, for example, the judgement of Chief Justice Hamilton in the Kenyan case of R. vs. Amkeyo, No. 7 of 1917, in East African Law Reports (Nairobi), p. 14,Google Scholar whose decision was in a way supported much later by the reference to African marriage as being simply ‘concubinage’ by the East African Court of Appeal in Abdul Rahman Bin Mohammed and Another vs. R. [1968] E. A. 188. On this,Google Scholarsee Cotran, Eugene, ‘The Changing Nature of African Marriage’, in Anderson, J. N. D. (ed.), Family Law in Asia and Africa (London, 1968), pp. 15–33.Google Scholar

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41 Ibid.

42 Civil Appeal No. 70 of 1989 is analysed fully by Kabudi, Palamagamba John, ‘The Judiciary and Human Rights in Tanzania: domestic application of international human rights norms’, in Verfassung und Recht in Übersee (Hamburg), 24, 3, 1991, p. 271.Google Scholar See also, Rose Mtengeti-Migiro, ‘Legal Developments on Women's Rights to Inherit Land under Customary Law in Tanzania’, in Ibid. 24, 4, 1991, pp. 368–9.

43 The Standard (Dar es Salaam), 22 01 1971, quoted in Mbilinyi, loc. cit. p. 67.Google Scholar

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47 See Rwezaura, B. A., ‘Division of Matrimonial Assets Under the Tanzania Marriage Law’, in Verfassung und Recht in Übersee, 17, 1984, p. 179.CrossRefGoogle Scholar

48 For instance, in Omari Oberi vs. Maria Nyakagere, High Court of Tanzania (HCT) at Mwanza, Civil Appeal No. 181 of 1973, Justice Maganga upheld the decision of a lower court which had awarded the sum of TShs.4,400 to a former wife because she had contributed TShs.200 as far back as 1942 towards the establishment of a fishing business which had turned out to be a success.Google Scholar

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52 HCT at Dar es Salaam, Matrimonial Case No. 6 of 1977, unreported.

53 HCT at Mtwara, Civil Appeal No. 28 of 1975, unreported.

54 HCT at Dodoma, Civil Appeal No. 28 of 1975, unreported.

55 Court of Appeal of Tanzania at Dar es Salaam, Civil Appeal No. 9 of 1983.

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74 Commission's Report, Vol. 1, para. 386, p. 113.

75 See the Constitution of Jumuyia ya Wanawake Tanzania (UWT), 1978.Google Scholar

76 Daily News (Dar es Salaam), 27 07 1994.Google Scholar

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78 See ‘BAWATA waonywa: Acheni Kujihusisha na Siasa – Mwinyi’, in Uhuru (Dar es Salaam), 19 09 1995.Google Scholar