CRITICAL EXAMINATION FOR THE REASONS OF THE

INCREASE OF OFFENCES IN THE SOCIETY DESPITE THE

AVAILABILITY OF LEGAL ENFORCEMENT MACHINERY.

By

Mpinzile S. Onesmo

A Compulsory Research Report Submitted in Partial Fulfilment of the

Requirement for the Award of Bachelor of Law (LLB) Degree of the

Mzumbe University.

2012

i

CERTIFICATION

I, the undersigned, certify that I have read and hereby recommend for acceptance by the

Mzumbe University, a research report entitled, Critical Examination for the reasons of the

increase of offences in the society despite the availability of legal enforcement

machinery, in partial fulfilment of the requirements for the award of the degree of bachelor

of laws (LLB) of Mzumbe University.

Supervisor

Signature …………………………….

Mr. Charles W. M. Marwa

Date……………………………………

ii

DECLERATION AND COPY RIGHT

I, Mpinzile S. Onesmo, declare that this research report is my own work. It has not been

submitted for an award for degree in any other institution of higher learning

Signature---------------------------------------

Mpinzile S Onesmo

Date---------------------------------------------

©

This research report is copyright material protected under the Berne Convention, the

Copyright and Neighbouring Act R.E. Cap 218 2002 and other international and national

enactments, in that behalf, on intellectual property. It may not be reproduced by any means,

in full or in part, except for short extracts in fair dealings, for research or private study,

critical scholarly review or discourse with an acknowledgement, without the written

permission of the Dean faculty Law, on behalf of both the author and the Mzumbe University

iii

DEDICATION

I dedicate this work to my parents, who laid a strong educational foundation that has

triggered off the limit-free flow of knowledge to and from my inner self. May God bless them

with many more happy days.

iv

ACKNOWLEDGEMENTS

The completion of this work is a result of combined efforts of a lot of individuals. First and

foremost I would like to thank the Almighty God for making my academic aspirations and

accomplishments a reality by giving me life, health, peace, capacity, and everything which

brought me to a good end result.

Then my sincere and outmost gratitude goes to my supervisor, Mr. Charles W.M. Marwa, for

profound advice, patient guidance, support and criticism during the course of this research

study.

My recognition also extends to lecturers, faculty of law for their help for being tireless

individually to help me in every consultation throughout this study, I highly recognize Mr.

January Nkobogo for teaching me the basic knowledge of research, and without his tiredness

emphasis this work would have been difficult.

My appreciation also extends to my family, my beloved parents Mr. and Mrs. Samwel

Mpinzile and my brothers Godwin Mpinzile, Evart, and Egbert, Gerson, my sisters Ruth,

Eva, Happiness, Eunice, Cresencia, Juliet, and Goreth, for their never-ending love and

support. I also extend my gratitude to my nephew Nicolaus for his love, care and support

during this study.

Last, but not least, I would like to extend my sincere gratitude to all my friends especially my

LLB class mates, Evans, Elia, Dickson, Totnan, for their advice, physical and moral support

during my study. My heartfelt appreciation goes to all my classmates for their support and

love. The list is long thank you very much and God bless them all.

Lastly, all errors and weaknesses of this study are mine and should not in any way be

attributed to any of the above mentioned individuals.

v

TABLE OF CONTENTS Pgs

CERTIFICATION ...................................................................................................................... i

DECLERATION AND COPY RIGHT ..................................................................................... ii

DEDICATION ......................................................................................................................... iii

ACKNOWLEDGEMENTS ...................................................................................................... iv

TABLE OF CONTENTS ........................................................................................................... v

LIST OF TABLES ................................................................................................................. viii

LIST OF STATUTES ................................................................................................................ x

LIST OF ABBREVIATION & ACRONYMS ......................................................................... xi

ABSTRACT ........................................................................................................................... xiii

CHAPTER ONE ...................................................................................................................... 1

1.0. BACKGROUND TO THE PROBLEM. ............................................................................ 1

1.1: STATEMENT OF THE PROBLEM. ................................................................................. 2

1.2: RESEARCH QUESTION................................................................................................... 3

1.3: THE OBJECTIVES OF THE RESEARCH. ...................................................................... 3

1.3.1: THE GENERAL OBJECTIVE. ....................................................................................... 3

1.3.2: THE SPECIFIC OBJECTIVES. ...................................................................................... 3

1.4: SIGNIFICANCE OF THE RESEARCH. ........................................................................... 4

1.4. LITERETURE REVIEW .................................................................................................... 4

1.6. RESEARCH METHODOLOGY...................................................................................... 10

1.6.1. Area of Study ................................................................................................................. 10

1.6.2. Data Collection Methods. .............................................................................................. 10

1.6.3. Instrument of data collection ......................................................................................... 11

vi

1.6.4. RESEARCH DESIGN ................................................................................................... 12

1.6.5. SAMPLING TECHNIQUE ........................................................................................... 12

1.6.6. Sample Size .................................................................................................................... 13

1.7. LIMITATIONS OF THE RESEARCH ............................................................................ 13

CHAPTER TWO ................................................................................................................... 14

THE CONCEPT OF OFFENCES IN THE SOCIETY............................................................ 14

2.0. INTRODUCTION ............................................................................................................ 14

2.1. THE MEANING OF THE TERM OFFENCE: ................................................................ 14

2.1.1. Origin and background of the term offence ................................................................... 15

2.1.2 Proof on long history of crime ........................................................................................ 16

2.1.3. Historical belief on Crime. ............................................................................................. 17

2.1.4 How crime is observed .................................................................................................... 18

2.3. Conclusion ........................................................................................................................ 20

CHAPTER THREE ............................................................................................................... 21

LEGAL FRAME WORK GOVERNING CAPITAL OFFENCES ......................................... 21

3.0. Introduction. ...................................................................................................................... 21

3.1. Legal Framework Governing Capital Offences in different countries ............................. 21

3.2. India .................................................................................................................................. 21

3.3. United States of America .................................................................................................. 24

3.4. United Kingdom................................................................................................................ 25

3.5. Uganda .............................................................................................................................. 26

3.6. Kenya; ............................................................................................................................... 27

3.7. Tanzania ............................................................................................................................ 28

vii

3.8. Conclusion ........................................................................................................................ 33

CHAPTER FOUR .................................................................................................................. 34

RESEARCH FINDINGS AND ANALYSIS........................................................................... 34

4.0. Introduction. ...................................................................................................................... 34

4.1. WEAKNESS OF THE LAW ENFORCEMENT AGENCIES. ....................................... 34

4.1.1. Police Force. .................................................................................................................. 34

4.1.2. Judicial System: ............................................................................................................. 36

4.1.3. Courts Delay. ................................................................................................................. 37

4.2.0. CRIME INCREASE IN THE SOCIETY ...................................................................... 38

4.2.1. Crime rates in the year 2005-2011 ................................................................................. 39

4.3. External sources of crime increase in the society ............................................................. 39

4.4. Internal Influence on criminality; ..................................................................................... 41

4.5. Tanzania crime rates according to Human Rights Centre; ............................................... 43

4.5. Conclusion ........................................................................................................................ 45

CHAPTER FIVE ................................................................................................................... 46

CONCLUSION AND RECOMENDANTION ....................................................................... 46

5.0. Introduction ....................................................................................................................... 46

5.1. Conclusion ........................................................................................................................ 46

5.2. Recommendations. ............................................................................................................ 47

BIBLIOGRAPHY .................................................................................................................... 50

viii

LIST OF TABLES

Table 4.1.Source of crime in the society

Table 4.1.3 Courts delay

Table 4.2.1Crime rates in the year 2005-July 2011

ix

LIST OF CASES

Bi hawa Mohamed v. Ally Sefu, [1983] TLR 32-37

DPP v Smith, [1960] 3 All ER 161

Mbushuu and another v. Republic (1995) 1LRC 216-232

Mukherjee v. State of West Bengal (1985) AIR 222

SMZ v. Machano Khamis Ali and 17 Others Criminal Application No. 8 of 2000, Court of

Appeal of Tanzania (Unreported)

x

LIST OF STATUTES

The Constitution of the United Republic of Tanzania, 1977 Government Printers, Dar es

Salaam Tanzania

The Penal Code Cap 16, [R.E 2002] Government Printers, Dar es Salaam Tanzania

The Ireland Children Act 2001 No. 24,

The England Corporate Manslaughter and Corporate Homicide Act 2007

The Ireland Criminal Justice Act 2006, No. 26 Ireland

The Evidence Act, Cap 6 [R.E 2002] Act No 6 of 1967 Government, printer

The Criminal procedure Act, Cap 20 [R.E 2002], Act No 9 and 12 of 1987, Government

Printers Dar es Salaam

The Police Force and Auxiliary Services Act, Cap [322] Government printers Dar es

Salaam

Sexual Offences Special Provisions Act No. 4 of 1998. Tanzania Government Printers

The Judicature and application of laws Act, [Cap 358 R.E 2002] Government Printers, Dar

es Salaam

xi

LIST OF ABBREVIATION & ACRONYMS

Art Article

ATM Automated/ Automatic Teller Machine

BC Before Christ

CIAC Crime Information Analysis Centre

CID Criminal Investigation Department

CJ Chief Justice

COEL Concern for the Elderly

DC District Court

FBI Federal Bureau of Investigation

GSU General Service Unit

INTERPOL International Police

Ibid Ibidem

LL.B Lex Legum Baccalaureus

NSIS National Security Intelligence Services

OCD Officer Commanding Distinct

PCCB Prevention and Combating of Corruption Bureau

R Republic

Rtd Retired

SAUT St Augustine University of Tanzania

SMZ Serikali ya Mapinduzi Zanzibar

SOSPA Sexual Offences Special Provisions Act

xii

TASAF Tanzania Social Action Fund

TV Television

USA United States of America

V Versus

WW II World War Two

xiii

ABSTRACT

The study is concerned with why there is increase of offences in the society despite the

availability of legal enforcement machinery such as courts, quasi judicial bodies, police force,

and prisons.

Literature related to various concepts and studies done on crime control were reviewed

accordingly. The study was guided by the conceptual framework based on the researcher’s

own conceptualization after a synthesis of a variety of literature. The study used mainly a

qualitative approach employing a case study design. A total of 70 respondents were involved

in the categories of law students, District Education Officers, Councillors, teachers, legal

officers, judicial servants, police officers, laymen, and these were obtained through

purposeful and simple random sampling procedures. Data for the study were obtained

through interviews, questionnaires, focused group discussions, observation and review of

documents and were qualitatively analyzed.

The study findings revealed that, although there is law enforcement agencies, but crime

increases due to increase of many factors such as science and technology, society

development, globalisation, weakness of the law and agencies such as police and judiciary

which does not catch up with the development which the society has reached, life hardship

and lack of employment or poverty in general.

There is a call to the government, private individuals, legal practitioner, court officers,

judicial servants, and members of the general public to be part of the law observer and every

citizen should feel duty bound to obey the law and rebuke to any person who negligently,

purposely or accidently breaks the law or causes the law to be disobeyed, generally everyone

should be part of the society which considers rule of law.

1

CHAPTER ONE

1.0. BACKGROUND TO THE PROBLEM.

When men are pure, laws are useless; when men are corrupt, laws are broken1. Law is

something which must have a moral basis, so that there is an inner compelling force for every

citizen to obey2. It is better to know that laws and crime are two inseparable thing ever since,

they are twins with which they depend on each other, the presence of the one makes the

presence of the other as the opposite.

Legally and practically the intention of the law enforcement mechanisms is to make sure that

crimes and any illegal acts are reduced and if possible brought to an end. But the situation has

been reversed, regardless mushrooming of legal enforcing mechanisms such as police force,

judiciary, and prisons but still there is great size of crimes in the society day after day.

Human being are not left free to live as they wish in the society, there is laws governing

conduct of civilians examples of such laws includes law of torts, law of contract, and any

other civil and criminal sanctions. Initially the reason to establish such legal mechanisms was

to make sure that the society lives peacefully while everyone enjoying his/her freedom to life

as enshrined for under Articles, 14 and 153. In Tanzania there are different laws governing

human conduct such laws include criminal law specifically with a statute limiting criminal

conduct that is The Penal Code4, Sexual Offences Special Provisions Act commonly known

as SOSPA5.

Human being is a criminal since the world creation even when is warned or stopped from

doing something. It is evidenced further that penal sanction does not limit a human being

from being a criminal or from violating those penal sanction.

For example in the Holy Bible there is evidence that supports this assertion, despite the fact

that Adam (The first human being believed to have lived before) was warned not to eat the

fruit from the middle tree but he did, Eve (the wife) said ‘we may eat of the fruit of the trees

of the garden but of the fruit of the tree which is in the midst of the garden God hath said, ye

1Aristotle in politics, 384 BC - 322 BC, accessed on Internet Encyclopaedia of philosophy

http://www.iep.utm.edu/aristotl/ on 20/03/2012 2 Benjamin Disraeli (1804 - 1881) quotation in law, accessed on http://www.finestquotes.com/crime page

3 The Constitution of the United Republic of Tanzania, 1977

4 The Penal Code, Cap 16 [R.E 2002]

5 Sexual Offences Special Provisions Act No. 4 of 1998

2

shall not eat of it neither shall ye touch it, lest ye die...and when the woman saw that the tree

was good for food she took of the fruit thereof, and did eat and also gave to the husband’6.

Crimes in the society despite the laws and penal sanction still exist, crimes does not only

seem to exist but also increasing day to day, other suggests that despite the concept that a

human is born criminal but there are still factors which in their opinion cement this assertion.

For example there is some who suggests that causes of crimes in the society may include fear,

ignorance, hatred, worry, revenge, envy, greed, lust, selfishness, doubt, prejudice, pride,

vanity, impatience, sloth, discrimination, arrogance, ambition, addiction, gluttony, criticism,

blame, anxiety, and frustration but even more. But others includes lack of courage, tolerance,

understanding, forgiveness, mercy, honesty, sincerity, integrity, honour, modesty,

humbleness, generosity, love, compassion, kindness, detachment, patience, self-discipline,

temperance and so on7.

Therefore this means that there may be legal obligation not to do something but still crime

can be committed in this sense there should be a reason for that fact, something which brings

the question as to why there is increase of crimes in the society despite the availability of

penal sanction.

1.1: STATEMENT OF THE PROBLEM.

There is no doubt that, in Tanzania in spite of the efforts made to decrease crimes in the

society still there is increase of the crime which are reported everyday to the police stations,

courts of laws and to any other tribunal or relevant authority conferred power to adjudicate

law. Laws are enacted to prohibit capital offences such as Murder under s 196, Rape, s 130,

Armed Robbery s 278A, Treason; s 39 by the Penal Code8 but still a triggering question must

be as to why there is still mass flow of crimes in the society?

Reported and unreported cases both criminal and civil are increasing every day, the Tanzania

society has been that of showing respect to the police officers but now things have changed

completely to the extent of invading police stations. A clear example was cited by

Honourable Agustino Ramadhan, C.J (Rtd) that:

6 The Holy Bible, Genesis Chapter 3; Verse 2-7, The Gideons International; Nashville, p.3

7 http://www.womeninlawinternational.com/article/sexual-offences-position accessed on 18/08/2011

8 The Penal Code, Cap 16 R.E. 2002

3

We were brought up in a society which respected Police authority even where there

was just one policeman among a group of people. But that is not so nowadays. Even

police stations are targets of attack as was the case at Itamka Village in Singida

District on that fateful day of 20th October. Villagers took a step to storm the police

post, overpowered the policemen and murdered Mile Mohamed who was under police

custody on suspicion that he had committed unnatural offence against a brother and a

sister aged 7 and 13 respectively9.

A problem which attract a research is the key cause of these crime and or offences increase

while laws and bodies to enforce them are present in the society, since they are empowered to

bring down or decrease crime in the society and that still seem to be un-attained ideal

therefore a research is to the effect of discovering that hidden legal and practical ideal of

crime increase in the society.

1.2: RESEARCH QUESTION

Based on the specific objectives, the study had intended to seek an answer to the following

research question:

o Why there is increase of crimes in the society despite the availability of law

enforcement mechanism?

1.3: THE OBJECTIVES OF THE RESEARCH.

1.3.1: THE GENERAL OBJECTIVE.

To critically examine the cause of offences increase in the society regardless the availability

of laws prohibiting the same and law enforcement bodies, and to find out the solutions to

avert the problem.

1.3.2: THE SPECIFIC OBJECTIVES.

This study had the following specific objectives

o To examine the reason for the problem and to give possible solution.

o To pinpoint and find out possible weakness of the laws which may in one way or

another be the source of the increase of offences in the society.

9 Law day speech by hon. chief Justice Augustino Ramadhani; The law day, 04

th January 2008. Accessed on

http//:www.judiciary.go.tz/index

4

o To ascertain the contribution of the society as to the increase of the criminal cases in

the society

1.4: SIGNIFICANCE OF THE RESEARCH.

This research is devoted to the legal researcher, scholars, legislature, and the executive at

large but also more importantly the society in general in the following cases;

The was intended to awake the mind of the legal experts on the legal thirsty to reasons as to

why there is increase of offences in the society, this was possible since the report was

expected to be exposed in to different libraries, as the opinion of the court in Bi Hawa

Mohamed v Ally Seif10

where the late CJ Nyalali made a reference to a paper published in a

Medical Legal Journal to show that researchers had indicated developments that support the

argument that wife’s contribution to the division of matrimonial assets ought to be considered

Likewise the study was to expected to have a relative paramount in pointing out the rationale

behind them (reasons for the increase of offences in the society)

Again the same research intended to some reading materials on legal research relating to this

research topic to legal scholars because at the material time the materials on legal research

are very scarce. For example in the case of Mbushuu and another vs. R11

, the court had

observed the need for research in assisting the Court reach a decision.

1.4. LITERETURE REVIEW

It is believed that Punishment deals with the symptoms of crime, whereas prevention deals

with the root causes. Though crime has been defined by different dictionary both legal and

non legal dictionary. But the question as to what is the source of crime is not defined or said

satisfactorily, if it’s true that punishment deals with the symptoms of crime, whereas

prevention deals with the root causes now where the root causes resides?

The society is seem to be busy to make sure that crimes decreases, more legal enforcement

machinery are created to combat the problem, crimes seem to be the common enemy to all

human being. Example in the paper presented at Durban South Africa titled Crime and

Policing Issues in Dar Es Salaam Tanzania Focusing On: Community Neighbourhood Watch

10

[1983] T.L.R. 32 at p.37 11

[1995] 1 LRC 216 at p. 232

5

Groups “Sungusungu” the writer quotes the following words to show that crime is the

common enemy in our society.

“As a nation built on the foundations of peace and tranquillity, we need the unity we

have achieved so far to wage a prolonged and protracted war against a common

enemy (crime) Threatening the existence and survival of our communities12

This quotation suggests the inference that crimes ascends everyday in the society, and the act

of creating another police force termed as Sungu Sungu suggests that crimes overwhelm

existing legal enforcement machinery such as members of the Police Force, Defence Forces,

National Service, Prison or Immigration services, a point which puts in need of Sungu Sungu.

It is suggested that Sungusungu (or neighbourhood watch groups) emerged as “traditional

defence groups” volunteering to fight cattle rustlers, witchcraft, banditry (and other crimes

associated with rural life) on the rampage in rural areas of Tabora, Shinyanga, Mwanza, Mara

and Singida regions between mid 70’s and early 80’s. But now these groups seems to have

spread all over Tanzania, and crimes which were suggested to exist on the aforementioned

regions they are now committed Tanzania wide and the need of the groups are not only

needed as expected to few regions, this means that there is thirsty commission of crimes in

the society.

Sungusungu was a reflection and reaction of the people caused by the dramatic increase of

crimes and criminal behaviours in those rural areas and inadequacy of law enforcing agencies

(i.e. police and courts) to effectively and sufficiently meets the challenge13

. The writer of the

paper identifies the phrase ‘dramatic increase of crimes and criminal behaviours’ in the

society to show how the society undergoes behavioural changes due to different factors in

result causing ultimate negative end of commission of crimes.

Crime at the present is at an all time high, it seems that each evening that you turn on the

news there is headlining story of someone being murdered, robbed, assaulted, or harassed this

does not need any research it is observed every day, because no good news neither in News

12

Editorial comments: The Guardian Newspaper, July 2000, Cited from paper presented at Durban South Africa

27, 30, August, 2000 1st Sub Saharan Executive Policing Conference International Association Of Chiefs

Of Police (IACP) Titled Crime and Policing Issues in Dar es Salaam Tanzania Focusing on: Community

Neighbourhood Watch Groups - “Sungusungu” at p.2 13

Paper presented at Durban South Africa 27, 30, August, 2000 1st Sub Saharan Executive Policing Conference

International Association Of Chiefs Of Police (IACP) Titled Crime and Policing Issues in Dar es Salaam

Tanzania Focusing on: Community Neighbourhood Watch Groups - “Sungusungu” at p.4

6

paper nor in TV, radio or bulletin. Right now, countless numbers of violent acts are being

committed and rapidly increasing the overall crime rates something which sounds legally

bizarre. Although, crime does seem to happen more frequently within urban areas, the

location of a person is not what determines crime.

Since crime is a universal social problem which goes beyond the general notion of theft,

murder, assault, rape, fraud, arson, and other unwholesome behaviours and since it poses a

serious threat to all human being, this awake a serious thirsty of a researcher to propose for

this everlasting enemy of the globe as to why it increases every second.

Some other scholar doubts the notion of crime control as it seems that crimes will increase

even more, "As long as individuals continue to violate the laws of nature, they will continue

to create stress in their own lives and create stress in the collective consciousness of the

whole nation," Maharishi says" As a result, governmental efforts to promote peace will prove

ineffective, and the world will face violence and conflict everywhere. Peace will only remain

an abstract, unattainable ideal." Tanimu (2003) (“Deviance and Social Control” in Salawu

B,) has averred that property crime such as theft, arson, burglary, etc is rapidly increasing and

becoming one of the major problems of developmental process in Nigeria.

Public safety is being threatened today, although the number of crimes was about 1.4 million

per year for a long time after the end of WW II, it has been increasing during the last decade.

It recorded the highest number of about 2.85 million in 2002, the seventh consecutive year to

break the previous year’s record. On the other hand, the ratio of arrests to crimes was the

lowest ever. This year, these trends are starting to reverse, but the situation still remains

serious14

.

Paranjape15

in criminology and penology suggests that existence of crime in the society is a

challenge to its members, due to its deleterious effect on the ordered social growth. Crime has

been a baffling problem ever since the dawn of human civilization and man’s efforts to

grapple with this problem have only partially succeeded16

. Many American sociological they

base the crime causation in sociological factor, but there can be more than that factors which

can be the source of crime. It is not necessary social factors to be the source of crime in the

society.

14

According to, Police Policy Research Centre for Japan, National Police Academy of Japan; Action Plan to

Create A Crime-Resistant Society, (To Re-establish Japan as “The Safest Country in the World”) 2003at p.2 15

Paranjape () Criminology and Penology, 16

Ibid p 49

7

Despite repeated attempt on the part of criminologist propounding different views to

formulate a singular theoretical explanation for criminal behaviour no hypothesis could

answer the issue satisfactorily, that is why sociologist made use of multiple factors approach

to explain the causation of crime. The supporters of this view believe that crime is a product

of combination of variety of factors which cannot be narrated in terms of general proposition.

However the view was supported by Prof Healy William17

who said that it is not one or two

factors which turn a man delinquent but it is combinations of many more factors say eight or

ten which cumulatively influence him to follow criminal conduct.

It is impossible to universalise things which involve human conduct and behaviour, basing on

sociological school, American school, and historical school it would be jeopardising if

conclusion will be drawn that crime has one general factor, however there is the need to study

biological factors.

Pearl S. Buck18

believes that ‘Hunger makes a thief of any man’, which means that someone

may choose to steal because there is no any other option to follow, therefore hunger will be

the cause of the offence of stealing, though this assertion does not generally means that

everyone who steals has this ground, because there are other beings who will have to steal

because they have to steal. It is further argued or believed that the more laws the more

offenders however there is no other proof to this testimony19

. An author argue that

circumstances can be the cause of crime, basing on the fact that some other people are not

supposed to be criminal it is hunger and poverty, the author does not justify or touch genetics

problem to be other factor for crime.

Jonathan Swift (A Critical Essay upon the Faculties of the Mind, 1707) believes the

weakness of the law to be the perfect reason of human being to commit crime; He says that,

Laws are like cobwebs, which may catch small flies, but let wasps and hornets break

through20

. however this presumption by the author specifically point out only the weakness of

the law as the core factor for either increase of crime or cause of crime in the society, as

pointed earlier there can never be one general factor for cause of crime in the society as

argued by Jonathan Swift. 17

Prof William Healey “Individual Delinquent” pp 456-460, also reported on Paranjape (Secondary source) p

72 18

Pearl S. Buck, quoted in You Said a Mouthful, Edited by Ronald D. Fuchs accessed from

http://www.quotegarden.com/justice.html accessed on 31/03/2012 19

Thomas Fuller, Gnomologia, 1732 Quoted from http://www.quotegarden.com/justice.html accessed on

31/03/2012 20

http://www.quotegarden.com/justice.html accessed on 31/03/2012

8

Kinemo E.J.R21

sees the penal sanction as the only answer for crime control in Tanzania,

however is of the opinion that huge punishment attracts other crime, and condemns long

imprisonment of thirty years and life sentence together with death sentence. Further an author

explains the believe that punishment to be aiming at deterrence, punitive, rehabilitating,

retribution, prevention or restraint, but the author does not mention anything about how the

society will be if such sentences will be omitted in the society in order to combat human

rights issues, again the author forgets to link between the conduct and motive, laws deals with

conduct of a person not motive therefore even if the laws will be aiming at all those

mentioned factors still crime may increase in one way or the other. To argue that penal

sanction as the answer for crime increase in the society is to argue not knowing other factors

which are connected to human behaviour.

OSAC22

, Reports the crime increase rate especially in Dar es salaam, the report shows that

Burglary; Carjacking; Crime; Elections; Fraud; Information Security; Political Violence;

Stolen items and Theft are unnumbered, however weakness of this report is that there is no

disclosure of any sound factor as to why crime has increased to such a rate, instead centres its

attention on rural and urban matters, bad arrangement of the city, hospital and education

system

Peter Gastrow (2000),23

In assessing the crime trend in the regional integrations says that, in

an environment of poor and sometimes weak states in which conflict and political turmoil are

widespread, organised crime tends to exploit the low risk opportunities that present

themselves.

Pressures resulting from poverty often motivate the development of local criminal gangs,

while opportunities for enrichment motivate not only political leaders whose conception of

civic responsibility and obligation to the citizens is lacking, but also transnational criminal

organisations which move in to develop new markets and new trafficking activities.

Similarly, desire for military success motivates warlords to use drug trafficking or any other

criminal activity that provides contributions to the war chest and contributes to the attainment

of political power.

21

Conteporary Tanzania Penal Policy a Critical Analysis A paper presented at the Crime Conference, organized

by the British Institute in East Africa at Naivasha, Kenya. pp 4-6 22 United States Department of States Bureau of diplomatic security, OSAC Crime and Safety Report Africa >

Tanzania > Dar es Salaam 5/1/2011 pp 1-2 23 Organised Crime In The SADC Region Police Perceptions 2000 Peter Gastrow Open Society Initiate for

Southern Africa p 7

9

Incentives to engage in criminal activity are powerful, and there are few countervailing

restraints. Opportunities are provided by state weaknesses that include: lack of legislation

against organised crime and money laundering; a lack of legitimacy that results in widespread

disaffection and conflict; and a propensity for corruption among elites susceptible to new

forms of bribery in the face of a double bind traditional sources of financial support are in the

process of drying up at the very same time that the move to electoral politics imposes new

financing requirements. The author points out physical factors to be only causative for crime

in the society he further argue on corruption and military violence as other factors for crime

in the society. Generally the author does not widely cover the scope of crime, genetics,

social-political issues and environment to be one of the factors for crime among the members

of a certain society.

Katherine, S. W. (2008); is of the view that there must be other reasons particularly

physical, genetics and biological influences for criminality; these are according to

criminology ideas and legal concept. The aim of this aspect on criminality is to consider, both

for a historical and a contemporary view point the assertion that there are biological

explanation for crime. The theories that advanced these theories and this type of explanation

tended to adopt the stance that crime was a sickness or illness which afflicted individual

criminals, and was a result of biological dysfunction or disorder24

. These are only biological

proof which cannot be tested in a practical life, a biological proof needs a scientifically

researched conclusion.

Many modern biologists consider that genes are relevant because they have a great influence

on brain function and therefore it is believed on behaviour and criminality, since human

being are genetically unique except identical twins this can help in explaining behaviour

differences who have been subjected to different environment and social behaviour25

. It is

suggested that this phenomenon should not be left hanged but is the duty of sciences to search

the reason for crime scientifically and leave the politicians and philosophers to deal with the

outcome, however an author seems to consider much on biological preposition on what are

the source of crime instead of societal factors, further the author dig scientifically much than

a normal practical understanding of crime cause in the society.

24

Katherine, S. W. (2008); Text Book on Criminology, 6th

Ed; Oxford University Press New York Chapter 6 at

p 135 25

Ibid

10

Different literatures have shown the problems arising out the increase of crimes not only in

Tanzania and the world in general, but there has been no crucial suggestion to curb the

situation, instead the data of the increase is provided with no data to the effort of how to

reduce if not to end the crime and create a peaceful society have not been provided. Moreover

every literature points out only one factor either social, economical, cultural, practical life and

or biological initiatives as the cause of crime in the society.

1.6. RESEARCH METHODOLOGY

In conducting any research it is better for a researcher to know, set and employ various ways

in making the research effective, it is better to employ research and data collection technique

in order to acquaint a research in good end and fruitful results with better findings.

Research methodology is a way to systematically solve the research problem. It may be

understood as a science of studying how research is done scientifically. In it one can study

the different steps that are generally adopted by a researcher in studying his/her research and

the problems along with the logic behind them.26

The research has been conducted through

various methods as enumerated hereunder

1.6.1. Area of Study

The research was conducted at Magu district in Mwanza at Magu District and Primary court,

where a critical research took place through various methodologies.

1.6.2. Data Collection Methods.

Data were collected by use of two methods: documentary review and interviews.

Documentary review was used to collect secondary and primary sources. Interviews were

unstructured and structured and information was easily obtained as the method ensured

flexibility in the type of questions asked. The following are the methods of data collection.

(a) Interview, was in most cases centre to acquire answers to the proposed questions

from the members of the society, in this kind of data collection method most of legal

expert were consulted, prison officers to see whether they receive increasing number

of sentenced criminals or not, advocates seeing as to whether they receive many

clients day to day, public prosecutor as well and police officers to see whether they

26

Kothari 2004: at p 8

11

arrested many criminal offenders. Also other non legal expert or general members of

the society look part in this in trying to get general ideas. To make the study more

accurate and concrete both structured and unstructured interview was employed in

order to make sure that members of the society are given an opportunity to give their

views.

(b) Participatory observation, Also the researcher directly employed what is commonly

known as behavioural science or observation, this one is the gathering of primary data

by investigator’s own direct observation of relevant people, actions and situations

without asking those people or respondent, while at the field work a researcher was

capable of collecting information directly from the community without requiring any

answer from the respondent. A research used this method since it was easy to get

accurate information since it was not second hand information method.

(c) Documentary review various books, reports, files, encyclopaedias, journals, and

other private documents was intensively reviewed. Also other documents relevant to

the topic from University of Dar es Salaam library, Mzumbe University library,

Mwanza High court registry library, SAUT library, was applied.

(d) Library research, this method afforded a researcher an opportunity to survey since

research is the most and suitable reliable of truth finding tool. Example in the Indian

case the court heavily relied on research findings to prohibit indiscriminate noise

pollution27

. Therefore the society or any decision making body may rely on this

research for truth finding concerning criminal conduct and crime source in the

society.

1.6.3. Instrument of data collection

In collecting data a researcher employed one instrument of data collection which was the

application of questionnaire, a researcher supplied number of questionnaires in collecting

data for the research.

Questionnaires; this is an instrument of data collection in which a set of

questions are set intending to explore the answer from various respondents,

who are competent in different fields or conversant with a certain environment

or experience. In conducting a research a researcher supplied number

27

In the case of Rabin Mukherjee vs. State of West Bengal 1985 AIR 222

12

questionnaires which were distributed in different areas, peoples both legal

and non legal scholar in order to obtain answers regarding the topic.

1.6.4. RESEARCH DESIGN

Research design refers to a plan that shows the approach and strategy of how the research

was worked out by the researcher. It is a plan with a set of rules that enables the researcher to

conceptualize and observe the problem under study (Chambua, Krester and Krijnsen, 199728

).

This study used mainly a qualitative approach, qualitative approach was used since it allows

higher flexibility and helps in achieving a deeper understanding of the respondents’ views

and ideas on the subject matter.

A researcher has carried out a both library and field research using field study and university

libraries such as University of Dar es Salaam, SAUT, Mzumbe University, Mwanza High

court registry to obtain data, books, journals, papers presented by legal experts, articles and

any other necessary and important materials for this research.

(i) Data Analysis and Presentation

This research was arranged thematically, logically organized, and data were interpreted

qualitatively depending on the data collected, various questionnaires that were supplied and

interpreted, organized and presented, Microsoft word was applied to arrange data that was

collected.

1.6.5. SAMPLING TECHNIQUE

In order to obtain data representative sampling has been employed, because in a random

sampling, every sample of a given size in the accessible population has an equal chance of

being selected hence random sampling is the key to obtaining a representative sample in a

research. Since there are two types of sampling techniques which are probability and non-

probability sampling a researcher has chose to use non-probability sampling type of

technique for some reasons including to ensure better findings.

28

No further citation, but this book is cited on the Dissertation, titled An assessment of Teaching-Learning

Environment Towards Quality Education Attainment Through Sedp Implementation, by Mpinzile S Edith at

University of Dar es Salaam (2009) for Masters.

13

1.6.6. Sample Size

The sample size of the study contained total number of not more than 70 and not less than 30

people including legal experts, lecturers, students, lay men women, both employed and non

employed married and those who are not married.

1.7. LIMITATIONS OF THE RESEARCH

There were some limitations faced by the researcher during data collection.

these challenges or limitations was commonly based on collection of data example there was

respondent’s reluctance to answer questions asked by unknown interviewers about things

they consider private to them, others thought that if they answer anything connected to crime

and offence could be taken to police or court of law or any other disciplinary measures.

Busy people did not want to take the time in answering question which in their opinion they

considered as wastage of time therefore irrelevant. Some people were helping by giving

pleasant answers to avoid a researcher, misleading a researcher.

Some other people answered in order to look smart or well in answering questions that are

posed to them.

14

CHAPTER TWO

THE CONCEPT OF OFFENCES IN THE SOCIETY

2.0. INTRODUCTION

This chapter discusses the concept of offences in the society, not only Tanzania but also in

other jurisdiction, it touches a legal perspective of the term offences, its content and the

possible legal phenomenon. In deterring the concept of offence in the society, background

and a brief history of this concept will be touched regarding jurisprudential point of view and

normal perspective of the belief concerning the term offences and its legal consequences.

2.1. THE MEANING OF THE TERM OFFENCE:

The term offence is a term connected directly from the word crime, and one cannot talk of a

crime without mentioning offence, this means that an action constituting a crime punishable

by any law is an offence. Hence an offence is a directly related outcome of a crime.

Always the terms ‘crime,’ ‘offense,’ and ‘criminal offense’ are all said to be synonymous and

ordinarily used interchangeably. ‘Offense’ may comprehend every crime and misdemeanour,

or may be used in a specific sense as synonymous with ‘felony’ or with ‘misdemeanour,’ as

the case may be, or as signifying a crime of lesser grade, or an act not indictable, but

punishable summarily or by the forfeiture of a penalty29

.”

Also is termed as an act or instance of offending resentment or hurt or causing misbehaviour

with totally unacceptable act with a specific authority30

, while the dictionary defines

‘offence’ as a violation of law in which there is a injury to the public and a term or prison and

or a fine as possible penalty, that is to say a legal meaning of the term offence is a violation

of the criminal or penal law. Most of the times the term ‘crime’ and ‘offence’ are used

interchangeably31

29

Black’s Law Dictionary, Bryan, A. G, 8th

Ed p 1041 30

Concise Oxford Dictionary-Tenth Ed, Oxford University press Also see A concise Law Dictionary of words

Phrases and Latin Maxims 1911 OCR at P 158 31

http://crimeanddeviance.com/what-is-an-offence accessed on 28/03/2012

15

Crime is an action which constitute a serious offence against an individual or state and is

punishable by death32

, or a violation or neglect of a legal duty of such much public

importance that the law, either common or statute, takes notice of and punishes it, or that the

law makes punishable, the breach of which is the breach of a legal duty treated as a subject of

a criminal proceeding which is a offence33

. Also offence is termed to mean a violation of the

law; a crime, often a minor one34

.

Also offence and crime has been receiving various interpretation and conceptualisation

according to how a person perceives it, may be economically socially and in general life as

one opt to use the term or thinks that to him/her offence or crime that is what it means. For

example one says crime consists of any conduct which causes disruptions of order and a

decline of public security, in other societies, crime simply connotes a steady descent in to

social chaos35

.

According to Stephen & Peter (2001), crime depends on law, and on particular instances of

action being identified and interpreted as crimes. And this explains, to a large extent, why

there can be no single, universally acceptable definition of crime. This complexity in

conceptualizing and defining crime also partly explains the vulnerability to failure of the

several methods often suggested for crime prevention and control in many societies36

.

2.1.1. Origin and background of the term offence

This word offence like any other word has its origin where basically it is from the Middle

English, from Anglo-French, from Latin Offensa, from feminine of offenses, past participle

of offend ere37

. The synonym of the term offence may include breach, crime, debt, error,

lawbreaking, malefaction, misdeed, misdoing, sin, transgression, trespass, violation,

wrongdoing and many other similar which include but not limited as mentioned above38

.

32

Concise Oxford Dictionary-Tenth Ed, Oxford University press 33

Black’s Law Dictionary, Bryan, A. G, 8th

Ed p1120 34

Ibid p 3425 35

Abbort & Clinard (1973), Clifford 1974, (Abbort D. and Clinard M. (1973) Crime in developing Countries,

New York: John Wiley and Sons, pp: 5-20, 55-125. Also reported in the paper Titled Crime Prevention and

control in Nigeria: A new Paradigm Shift; Presented by Dr. Steven Metiboba for PhD, Department of Sociology

University of Irolin, Nigeria 36

Stephen, H. & Peter, E. (2001) Sociology of crime, 6th

Ed. London: Rout ledge, Taylor and Group Company.

pp: 259-270 37

http://www.merriam-webster.com/dictionary/offense accessed on 29/03/2012 38

ibid

16

It seems to be hard and even harder to trace the history of how and when the trend of crime

and offence began, it seems to be impossible to specifically point out the date year and month

or century that, this is when crime started, it seems to be something connected with nature

and development of a human being, it is the question of time and resources that was available

and environment that surrounded a human being which caused a man to develop and started

struggle to each other. Different writers have written many books but it seems that one of the

failures that have been observed is the impossibility of these writers, jurist, legal

commentary, and legal scholars to show how crime started.

This is possible, since this is connected with human development of mind, environment, law,

society perspective, and practice, members of the society, culture, custom, belief,

denomination, religion and many factors attached thereto.

On a belief or biblical context, SIN or crime or offence seems to have existed from the

beginning of the creation of the world millions of years back, a good example is cited in the

BIBLE39

where God the almighty Adam and Eve the first human being believed to have lived

before anyone were warned not to eat the middle tree but they ate it. Here after God had

cursed them and the land this was the beginning of crime because a man had been restored

from eating freely and working hardly to sustain his life, this was the beginning the evil in the

world.

2.1.2 Proof on long history of crime

The fact that crime began many years before, and from time immemorial possibly is true, for

example famous trials, cases, and statutes seems to have existed many years back, over 1000

years back example a collection of trials from Scotland were recorded even many years

before 1536-178440

,

39

The Holy Bible, Genesis Chapter 3; Verse 2-7, The Gideon International; Nashville, p.3 40

Arnot, Hugo. A Collection and Abridgement of Celebrated Criminal Trials in Scotland, From A.D. 1536 to

1784, With Historical and Critical Remarks. Edinburgh: Printed for the author by W. Smellie, 1785. Also found

in http://www.ll.georgetown.edu/guides/history_crime_punish.cfm accessed 29/03/2012

17

(a) Primary American Legal Sources

These are general sources of materials, including Federal and state statutes and codes, case

reports and digests, surveys of American legal history during certain periods, contemporary

works and bibliographies. It seems that there are many early statutory sources even before the

independence of America, there are many of these sources available

(b) Early American Federal Statutes

They include those statutes of Congress since 1789, it is a compilation of statutes, by date of

passage; these statutes were later codified in the United States Code. These statutes also

include the text of amendments to the Constitution, and of presidential proclamations, and all

treaties and international agreements approved by the U.S. Senate, up to 1948.

2.1.3. Historical belief on Crime.

There is direct belief that crime happens automatically but rather was a result of something

which pushed and drugged a man in to this serious tragedy of a human history. Historically

human being passed through various stages of development including, savagery, barbarism,

civilisation, Dark Ages. Every stage had its own features, example during savagery hunting,

gathering, collective labour, mythology and promiscuous life was common features,

Barbarism had agricultures, simple tools, specialised production, division, but the problem

began in the Civilization stages where machinery, improved tools and the most cause of

crime classes began, and the result of struggle started during this stage.

The result of classes resulted in to struggle between the haves and the don’t have where crime

started because people were killing their fellow human being to get food, cloth, machine,

wealth materials and so forth. This was possible because there was emergence of towns,

trade, activities, clan, phratry, tribes, emergence of cohesive powers, tribal confederacy, and

lastly the emergence of states and leadership41

.

Human being was not harsh as he his now, even though he committed different crimes but it

seems that now there is a critical change on humans, there is a big development and changes

on crime control, there is a new crime especially in this technological era, there is no fear

41

Shivji, I. G. et al (2004), Constitutional and Legal System of East Tanzania: Mkuki na Yota, Dar es Salaam p.

33

18

again, people can do everything anywhere to any one, the then Chief Justice of Tanzania was

quoted saying that;-

We were brought up in a society which respected Police authority even where there

was just one policeman among a group of people. But that is not so nowadays. Even

police stations are targets of attack...42

.

2.1.4 How crime is observed

Everyone has his own belief on crime its source, cause, effects, impact, initiatives and

possible measure to stop it. Hereunder are various quotes regarding crimes, everyone has

given what he/she believe to be crime.

The trouble with the laws these days is that criminals know their rights better than their

wrongs43

, according to this author believes that the increase of knowledge of law in the

society is one of the courses of crime in the society.

Through the rapid proliferation of laws reaching every corner of human existence,

“the government is manufacturing more criminals now than ever before.” The list of

illegal activities includes more minutiae than one would think possible. Beer-makers

are barred from listing alcohol content on bottles, and liquor distilleries cannot

advertise on TV. Filling one’s own prairie pothole can land a property owner in jail,

as can protecting private property from unlawful intruders. Placing handbills in

neighbour’s mailboxes is strictly prohibited, and attempting to sell nectarines of an

improper size is a federal offense. Companies are no longer allowed to give salaried

professionals partial days off without pay, and in Texas it is a crime to call oneself an

interior designer without the government’s permission. It is perhaps easier to recount

all that remains legal than all that is now prohibited44

.

In connection with that, Pearl S. Buck45

believes that ‘Hunger makes a thief of any man’,

others believes that the more laws the more offenders however there is no other proof to this

42

Law day speech by hon. chief Justice Augustino Ramadhani;

The law day, 04th

January 2008. Accessed on http//:www.judiciary.go.tz/index 43

Author Unknown From http://www.quotegarden.com/justice.html accessed on 31/03/2012 at 14;18 PM

Jonathan H. Adler, Crime quotes: 44

http://www.quotegarden.com/justice.html accessed on 31/03/2012 Source from ‘Tyranny Now’, LIBERTY, p.

55, November, 1994. 45

Pearl S. Buck, quoted in You Said a Mouthful, Edited by Ronald D. Fuchs accessed from

http://www.quotegarden.com/justice.html accessed on 31/03/2012

19

testimony46

. Jonathan Swift (A Critical Essay upon the Faculties of the Mind, 1707)

believes the weakness of the law to be the perfect reason of human being to commit crime;

He says that, Laws are like cobwebs, which may catch small flies, but let wasps and hornets

break through47

. Others do not believe in capital punishment as a cure for crime control for

instance Henry Ford, (July 30, 1863-April 7, 1947 he was also the founder of Ford motor

Company) who said that; Capital punishment is as fundamentally wrong as a cure for crime

as charity is wrong as a cure for poverty48

. Poverty is the mother of crime as per Marcus

Aurelius49

[26 April 121-17 March 180 AD] or in Latin (Latin: Marcus Aurelius Antoninus

Augustus) who was also a Roman emperor from 161 to 180 AD.

Louis Dembitz Brandeis contends that; our government...teaches the whole people by its

example. If the government becomes the lawbreaker, it breeds contempt for law; it invites

every man to become a law unto him, it invites anarchy50

.

True social harmony grows naturally out of solidarity of interests. In a society where

those who always work never have anything, while those who never work enjoy

everything, solidarity of interests is non-existent; hence social harmony is but a

myth....Thus the entire arsenal of governments - laws, police, soldiers, the courts,

legislatures, prisons - is strenuously engaged in "harmonizing" the most antagonistic

elements in society. Emma Goldman, (May 14, 1940 Orthodox Jewish) Anarchism

in one of his quotation on crime51

.

Crimes were committed to punish crimes, and crimes were committed to prevent crimes. The

world has been filled with prisons and dungeons, with chains and whips, with crosses and

gibbets, with thumbscrews and racks, with hangmen and heads-men - and yet these frightful

means and instrumentalities have committed far more crimes than they have prevented....

Ignorance, filth, and poverty are the missionaries of crime. As long as dishonourable success

outranks honest effort - as long as society bows and cringes before the great thieves, there

46

Thomas Fuller, Gnomologia, 1732 Quoted from http://www.quotegarden.com/justice.html accessed on

31/03/20 47

http://www.quotegarden.com/justice.html accessed on 31/03/2012 48

Ibid 49

Ibid 50

Ibid 51

Ibid

20

will be little ones enough to fill the jails52

. Robert Ingersoll, (August 11, 1833 -July 21,

1899) on Crimes against Criminals

In giving out the solution for crime (Robert Ingersoll) suggested that...Every crime is born

of necessity. If you want less crime, you must change the conditions because he believed that;

Poverty makes crime. Want, rags, crusts, misfortune - all these awake the wild beast in man,

and finally he takes, and takes contrary to law, and becomes a criminal. And what do you do

with him? You punish him. Why not punish a man for having consumption? The time will

come when you will see that that is just as logical.

(Robert Ingersoll) further pose questions that...what do you do with the criminal? You send

him to the penitentiary. Is he made better? Worse, the first thing you do is to try to trample

out his manhood, by putting an indignity upon him. You mark him. You put him in stripes.

At night you put him in darkness. His feeling for revenge grows. You make a wild beast of

him, and he comes out of that place branded in body and soul, and then you won't let him

reform if he wants to.

2.3. Conclusion

This chapter has discussed the way under which crime originated the concept of the term

offence and crime since they are inseparable terms. Also in this chapter, different views of

different people, jurists, political leaders, legal scholars and other educated person have

portrayed to show how crime came about. Also in tracing all these, stages of human evolution

has been similarly touched in attempting to trace and establish the fact that crime have

evolved from time immemorial and the codes, case laws and statutory provision have been

there since, in order to try to end this human scenario.

52

http://www.quotegarden.com/justice.html accessed on 31/03/2012

21

CHAPTER THREE

LEGAL FRAME WORK GOVERNING CAPITAL OFFENCES

3.0. Introduction.

This chapter briefly covers the legal frame work governing capital offences in both Tanzania

and other jurisdiction particularly Kenya Uganda, India, United Kingdom and United States

of America, In discussing this chapter more focus will be drawn on capital crimes or offence

which are murder, rape, treason, homicide, house breaking depending on each country, the

intention of a researcher in this chapter is to pinpoint out the fact there are laws that govern

capital crime, though crime rates seems to accelerate each day, the fact as to whether crime

tend to increase despite the fact that penal sanction are available will be discussed in chapter

four.

3.1. Legal Framework Governing Capital Offences in different countries

3.2. India

The Indian Penal Code53

provides Capital Punishment for eight categories of offences

namely, waging war against the Government of India (S.121), abetting mutiny by a member

of the armed force (S.132), fabricating false evidence with intent to procure conviction of a

capital offence, with the death penalty applicable only if an innocent person is in fact

executed as a result (S.194), murder (S.302), murder committed by a life convict (303),

abetting the commission of suicide of a child or insane person (S.305), attempted murder

actually causing hurt, when committed by a person already under sentence of life

imprisonment (S.307) and dacoit with murder (S.396).

Rape

According to the Indian penal code54

rape covers a situation where a man except has sexual

intercourse with a woman under circumstances mentioned to include, having sexual

intercourse without her will that is consent, with her consent, when her consent has been

obtained by putting her or any person in whom she is interested in fear of death or of hurt

with her consent, when the man knows that he is not her husband, and that her consent is

53

Act no 45 1860 54

s. 375

22

given because she believes that he is another man to whom she is or believes herself to be

lawfully married.

In s 37655

the Act imposes punishment for rape it reads that 1) Whoever, except in the cases

provided for by sub-section (2), commits rape shall be punished with imprisonment of either

description for a term which shall not be less than seven years but which may be for life or

for a term which may extend to ten years and shall also be liable to fine unless the woman

raped is his own wife and is not under twelve years of age, in which case, he shall be

punished with imprisonment of either description for a term which may extend to two years

or with fine or with both, further in this section there is a new type of rape where one can

rape his own wife.

Murder;

This is one of the offences in many countries which is punished by death except in few

countries where its sentence is either life imprisonment or 30 years or term more than that. In

India one is said to have committed murder if he does one of the act mentioned in s. 30056

of

the India penal code; the section provides that

Murder except in the cases hereinafter excepted, culpable homicide is murder, if the act by

which the death is caused is done with the intention of causing death, or if it is done with the

intention of causing such bodily injury as the offender knows to be likely to cause the death

of the person to whom the harm is caused, or if it is done with the intention of causing bodily

injury to any person and the bodily injury intended to be inflicted is sufficient in the ordinary

course of nature to cause death, or if the person committing the act knows that it is so

imminently dangerous that it must, in all probability, cause death, or such bodily injury as is

likely to cause death, and commits such act without any excuse for incurring the risk of

causing death or such injury as aforesaid.

The Act provides for circumstances under which murder can be committed, but mens rea and

actus reus are both ascertained as to whether they exist or otherwise, the Act provides for

punishment of murder in s 302 that; Whoever that commits murder shall be punished with

death, or imprisonment for life, and shall also be liable to fine.

55

Indian Penal Code, Act No 45 56

Ibid

23

Treasonable Offence;

Again the Indian Penal Code provides for the imposition of Capital Punishment in the

following cases: Section 12157

provides that whoever wages war against the Government of

India or attempts to wage such war, or abets the waging of such war, shall be punished with

death or imprisonment for life and shall also be liable to fine.

The offence under Section 121 is a capital offence because it threatens the very existence of

an organized Government, which is essential for the protection of human life58

. (Ratan Lal

and Dhiraj Lal: Law Of Crimes: 398 (1995)

Section 124A provides death penalty for sedition. The line dividing preaching disaffection

towards the Government and legitimate political activity in a democratic set up cannot be

precisely drawn. Where the legitimate political criticism of the Government in power ends

and disaffection begins, cannot be ascertained with precision. The demarcating line between

the two is very thin. What was sedition against the imperial rulers may today pass of as

legitimate political activity in a democratic set up under our libertarian Constitution? The

interpretation has to be moulded within the letter and spirit of our Constitution59

.

Section 19460

aims at or is to the effect that a persons who give or fabricate false evidence

with intent to procure conviction of capital offence to innocent persons is liable. and the

provision runs further that; whoever gives or fabricates false evidence, intending thereby

cause, any person to be convicted of an offence which is capital by the law for the time being

in force in India shall be punished with imprisonment for life or with rigorous imprisonment

for a term which may extend to ten years, and shall also be liable to fine. And the section

provides that if an innocent person be convicted and executed in consequence of such false

evidence, the person who gives such false evidence shall be punished with either death or the

punishment herein before described.

Generally the Indian Penal Code provides capital punishment for eight categories of offences

namely, waging war against the Government of India, abetting mutiny by a member of the

armed force, fabricating false evidence with intent to procure conviction of a capital offence,

57

Indian Penal Code Act No 45 58

Cited from selected works of Krishna Kumari (September 2007) Capital Punishment and statutory punishment

in India at pp 2-3 59

Ibid 60

India Penal Code

24

with the death penalty applicable only if an innocent person is in fact executed as a result ,

murder, murder committed by a life convict , abetting the commission of suicide of a child or

insane person, attempted murder actually causing hurt, when committed by a person already

under sentence of life imprisonment and dacoit with murder. And in the Criminal Procedure

Code provides general procedures on how to award and execute the death sentence.

3.3. United States of America

Criminal law is usually territorial law, it is always commonly known that way. It is a matter

of the law of the place where it occurs where it can be applicable, serve for International

Criminal Law which may be applicable extraterritorial and some of jus cogens, nevertheless,

a number of American criminal laws apply outside of the United States61

. Application is

generally a question of legislative intent, expressed or implied. In either case, it most often

involves crimes committed aboard a ship or airplane, crimes condemned by international

treaty, crimes relating to government employees or property overseas, again America is not

like Tanzania where the penal code is applicable all over Tanzania, in America there state

laws and federal laws, but with one constitution which oversees all states laws.

Most of American laws are state laws but there are some laws which are applicable beyond

states and these are laws which touches the interest of America itself and they are punishable

with heavy punishment, beside these laws are many and everlasting to mention, because of

the nature of the state and the development reached by America together with enemies that

surrounds it laws are too specific than general, if it is rape there can be laws governing rape

for child or adult, insane people and so forth.

Examples includes but limited to, U.S.C. 2192 (incite to revolt or mutiny), U.S.C. 2193

(revolt or mutiny by seamen), U.S.C. 2196 (drunkenness of seamen), U.S.C. 2197 (misuse of

documents associated vessels), U.S.C. 2198 (seduction of a female passenger), U.S.C. 2241

(aggravated sexual abuse), U.S.C. 2242 (sexual abuse), U.S.C. 2243 (sexual abuse of a minor

or ward), U.S.C. 2244 (abusive sexual contact)U.S.C. 2252 (a) (sale or possession of

material involving sexual exploitation of children), U.S.C. 2252 A (a) (sale or possession of

child pornography). U.S.C. 2283 (transportation of explosives, biological, chemical,

61

According states and federal laws, cited in “Extraterritorial Application of American Criminal Law” Charles

Doyle Senior Specialist in American Public Law February 15, 2012 p 44

25

radioactive or nuclear materials for Terrorist purposes on the high seas or aboard a U.S.

vessel or in U.S. waters)

Generally it’s hard to assess one law after another in American criminal statutes, but it is

worth noting that, America is comprised with more than forty states which are free from

enacting their laws and through that one laws are different serve for the constitution which

supersedes all other laws be it federal or states laws.

3.4. United Kingdom

Murder in England and Ireland;

In Ireland the mental element for murder is laid down by section 4 of the Criminal Justice Act

1964, which provides that, 4(1) where a person kills another unlawfully the killing shall not

be murder unless the accused person intended to kill, or cause serious injury to, some person,

whether the person actually killed or not, but subsection further provides that (2) The accused

person shall be presumed to have intended the natural and probable consequences of his

conduct; but this presumption may be rebutted. According to this section the issue of

intention is disputed about, by this one the House of Lords in DPP v Smith62

was of the

opinion that; as per Charleton

“Intent necessarily involves a conscious choice to bring about a particular state of

affairs. If one consciously chooses not to bring about a state of affairs one cannot

intend it. In all but the rarest circumstances choosing to do something will mean that

one also actively desires it. That rare exception may occur where the desire of the

accused is to bring about a result knowing, albeit with regret, that another

consequence will, in the ordinary course of events, follow from it or necessarily

involve it. That state of mind is nonetheless intent.”

Generally laws governing murder and manslaughter in Ireland and England include but not

limited to Children Act63

, Corporate Manslaughter and Corporate Homicide Act64

, Criminal

Justice Act 200665

, Ireland and many more which specifically regulates murder cases in the

United Kingdom.

62

[1960] 3 All ER 161 63

2001, No. 24 Ireland 64

2007 England 65

No. 26 Ireland

26

3.5. Uganda

Uganda's legal system just like east African fellow countries Tanzania and Kenya is based on

Uganda statutory law, Uganda and English common law, tribal law, and Islamic law. And its

legal system is based on the inheritance of its English Common Law tradition. The courts

adhere to the principle of stare decisis, and like other common law countries, the legal system

is adversarial in its procedure. Natural justice principle is observed just like any common law

based legal system countries. Constitutional principles is observed example presumption of

innocence which means the suspect is to be presumed innocent until proven guilty by the

court of law.

Manslaughter and Murder

In Uganda manslaughter and murder is covered under chapter XVIII of the Uganda Penal

code, the chapter specifically assigns the liability that; Any person who by an unlawful act or

omission causes the death of another person commits the felony termed manslaughter. In

subsection (2)66

the Act provides that an unlawful omission is an omission amounting to

culpable negligence to discharge a duty tending to the preservation of life or health, whether

such omission is or is not accompanied by an intention to cause death or bodily harm, as per

s. 187.

s. 188 of the same stipulates murder that; any person who of malice aforethought causes the

death of another person by an unlawful act or omission commits murder. Whilst s.189.

Provides for punishment of murder by providing that; any person convicted of murder shall

be sentenced to death, and finally s.190 stipulates for punishment of manslaughter, that any

person who commits the felony of manslaughter is liable to imprisonment for life.

Again s. 204 of imposes and defines attempt to murder that any person who (a) attempts

unlawfully to cause the death of another; or (b) with intent unlawfully to cause the death of

another, does any act or omits to do any act, which it is his or her duty to do, such act or

omission being of such a nature as to be likely to endanger human life, commits a felony and

is liable to imprisonment for life. And s. 205.introduces the offence of attempt to murder by

convict, to mean that Any person who, being under sentence of imprisonment for three years

66

Penal Code of Uganda Cap120 of 2009

27

or more, attempts to commit murder is liable to imprisonment for life, this can be with or

without corporal punishment.

3.6. Kenya;

Under s. 184 of the criminal procedure Act67

there is duty in criminal proceeding to convict a

person on rape or in other offence where it is deemed fit the provision provides that where a

person is charged with rape and the court is of the opinion that he is not guilty of that offence

but that he is guilty of an offence under one of the sections of the Sexual Offences Act, he

may be convicted of that offence although he was not charged with it. This is provided in

order to combat criminal conduct.

Murder

Kenya Penal Code provides for murder under s. 204 but the particulars of offence of murder

include malice aforethought, intention and negligence, just like in many penal code

summarised in this chapter including India Penal Code, Uganda and Tanzania penal code

which will be discussed later, the intention is very important, and the court should act

cautiously when entertaining offences relating to murder or manslaughter.

Bail Issues under Criminal Procedure Act

Bail may not be granted in cases of as per s.123 (3) no security on issue of warrant for 103

not triable by subordinate court and police officer may not release on bond an accused person

for murder and or treason, this is because murder is a capital offence under which public

policy is included, interest of public, therefore most of penal code imposes the duty to the

court not to grand bail though bail is a right of every accused person.

General overview of Kenya legal framework

In Kenya police classify crimes into serious offenses and non serious offenses. Serious crimes

include murder, robbery, burglary, rape, kidnapping, and arson. Non-serious crimes include

petty theft (maximum value of 20 USD), assault, stealing a neighbour’s domestic animal, and

city and state regulation violations. The age of criminal responsibility in Kenya is 18. Persons

67

Cap 120 of Kenyan laws

28

7 to 17 years old are treated as juveniles. Drugs such as cocaine, heroin, and marijuana are

prohibited by law68

.

Legal System

Kenya's legal system is based on Kenyan statutory law, Kenyan and English common law,

tribal law, and Islamic law. Kenya's legal system has evolved from the inheritance of its

English Common Law tradition. The courts adhere to the principle of stare decisis, and like

other common law countries, the legal system is adversarial in its procedure. Theoretically,

the suspect is presumed innocent until proven guilty. In practice, however, the burden of

proof is often placed on the defendant69

.

Police

In addition to the armed forces, there is a large internal security apparatus that includes the

police's Criminal Investigation Department (CID), the National Security Intelligence Service

(NSIS), the National Police, the Administration Police, and the paramilitary General Services

Unit (GSU), which details members on a rotating basis to staff the 700-person Presidential

Escort. The CID investigates criminal activity and the NSIS collects intelligence and

monitors persons whom the State considers subversive70

. That is why in 1999 in an effort to

improve the accountability of investigative services, Parliament passed and implemented

laws that removed arrest authority from the NSIS and separated the organization from the

CID.

3.7. Tanzania

Tanzania adheres to the common law system, example the principle of stare decisis,

customary law though in civil cases only, statute of general application, written laws, doctrine

of equity as part of its laws in force. S 2(3)71

, states that Subject to the provision of this Act

the jurisdiction of the High Court shall be exercised in conformity with the written

68

Crime and Society, A comparative Criminology tour of the world by Dr Robert Winslow San Diego state

university from http://www-rohan.sdsu.edu/faculty/rwinslow/africa/kenya.html accessed on 07/04/2012 69

Ibid 70

Crime and Society, A comparative Criminology tour of the world by Dr Robert Winslow San Diego state

university from http://www-rohan.sdsu.edu/faculty/rwinslow/africa/kenya.html accessed on 07/04/2012 71

The Judicature and application of laws Act, [Cap 358 R.E 2002] Government Printers, Dar es Salaam

29

laws...common law, the doctrine of equity and the statute of general application...in S 1172

of

the same Act it provides the application of customary law.

Laws governing crime in Tanzania

Tanzania is governed with different statutory laws; Constitution of the United Republic

United of Tanzania73

is one of the laws, the penal code74

, the evidence Act75

, SOSPA76

,

Criminal Procedure Act77

, The Police Force and Auxiliary Services Act78

and many laws

which all of them are intended to prohibit, discourage, and imposes sanctions to criminal

offenders and procedures to award punishment for offenders.

All these laws especially the penal code, prohibit Murder, Rape, Theft, Robbery, Burglary,

under SS. 196, 130, 257-258, 285-286, 293, respectively. Again the Criminal Procedure

Act lays down the procedural requirement on the person who in any way commits one of the

offences laid down by the penal code. Treason is one of the capital offences which have not

been reported since the last case in 2000. SMZ v. Machano Khamis Ali and 17 Others79

.

Court System in Tanzania and Jurisdiction on Crimes

In Tanzania there court system to enable the administration of justice in both criminal and in

cases of civil nature, the hierarchy is from the primary court being the lowest court in

Tanzania to entertain criminal cases, then District Court, which runs together with concurrent

jurisdiction with the Resident Magistrate Court, and then the High Court lastly the Court of

Appeal. Most of all capital offences are tried to the subordinate courts, except Murder and

Treason which are tried in the High Court.

Generally Tanzania is one of the countries which observes the rule of law and all other

principle of constitutional principle, but it is faced with a great number crime especially

capital offences, then the question as to why will be discussed in chapter four where finding

will show why crime have increased despite the availability of legal enforcement machinery.

72

Ibid 73

The Constitution of 1977 74

Cap 16 R.E 2002 75

Cap 6 R.E 2002 Act No 6 of 1967 76

Sexual Offences Special provision Act, No. 4 of 1998 77

Cap 20 R.E 2002, Act No 9 and 12 of 1987 78

Cap 322 79

Criminal Application No. 8 of 2000, Court of Appeal of Tanzania (Unreported) where Kisanga , Ramadhani

and Lugakingira JJ.A set the accused free, the prosecution failed to prove the case beyond reasonable doubt as

the criminal principle requires.

30

Man Slaughter

Manslaughter is one of the crime or offence punishable under Tanzania laws particularly the

penal code, it imposes both the offence and the penalty thereupon, s. 195 of the said penal

code provides that (1) Any person who by an unlawful act or omission causes the death of

another person commits an offence of manslaughter. and subsection two of the same section

defines what does it mean by unlawful omission by stating that (2) An unlawful omission is

an omission amounting to culpable negligence to discharge a duty tending to the preservation

of life or health, whether the omission is or is not accompanied by an intention to cause death

or bodily harm.

The statutory requirement is that; when someone causes the death of another whether

intentionally or accidentally there should be a sanction, and that is imprison for life, as per s.

198 which provides that any person who commits manslaughter is liable to imprisonment for

life, the penalty is the outcome of the offence or act the intention is to prohibit and to caution

individuals from unlawful act to other and to maintain the constitutional right of right to life.

Murder

The same Act imposes the duty and obligation to every individual to maintain right to life as

granted by the constitution of Tanzania of 1977 that every person shall enjoy right to life, due

to that provision of the grund norm s.196.of the penal code provides that any person who,

with malice aforethought, causes the death of another person by an unlawful act or omission

commits an offence of murder. At the same time s.197 of the same imposes penalty for a

person found and convicted of the offence of murder that shall be sentenced to death the

section reads that a person convicted of murder shall be sentenced to death.

S. 199 of the same protects a child due to the fact that it imposes a heavy punishment for a n

offence of killing or causing a child to die as it reads that; Where a woman by any wilful act

or omission causes the death of her child, being a child under the age of twelve months, but at

the time of the act or omission she had not fully recovered from the effect of giving birth to

the child, and for that reason or by reason of the effect of lactation consequent upon the birth

of the child the balance of her mind was then disturbed, she shall, notwithstanding that the

circumstances were such that but for this section the offence would have amounted to

31

murder, commits an offence of infanticide, and may, be dealt with and punished for the

offence as if she had committed an offence of manslaughter of the child.

Rape and Attempted rape

This is one of the offences regarded both criminal and the offences against morality in

Tanzania. Unlike Murder rape is bailble offence but its penalty extends to life imprisonment

thirty years or seven years or less or more depending on the type of rape a person is deemed

to have committed

s. 13080

provide that it is an offence for a male person to rape a girl or a woman. and

subsection 2 stipulates circumstances under which a male person will be deemed to have

committed, these circumstances include when a man has sexual intercourse with a girl or a

woman not being his wife, or being his wife who is separated from him without her

consenting to it at the time of the sexual intercourse, with her consent where the consent has

been obtained by the use of force, threats or intimidation by putting her in fear of death or of

hurt or while she is in unlawful detention, with her consent when her consent has been

obtained at a time when she was of unsound mind or was in a state of intoxication induced by

any drugs, matter or thing, administered to her by the man or by some other person unless

proved that there was prior consent between the two, with her consent when the man knows

that he is not her husband, and that her consent is given because she has been made to believe

that he is another man to whom, she is, or believes herself to be, lawfully married.

Also a man or a male person is deemed to rape a woman if there is or there is no consent

when she is under eighteen years of age, unless the woman is his wife who is fifteen or more

years of age and is not separated from the man, whoever being a person in a position of

authority, takes advantage of his official position, and commits rape on a girl or a woman in

his official relationship or wrongfully restrains and commits rape on the girl or woman, being

on the management or on the staff of a remand home or other place of custody, established by

or under law, or of a women's or children's institution, takes advantage of his position and

commits rape on any woman inmate of the remand home, place of custody or institution,

being on the management or staff of a hospital, takes advantage of his position and commits

80

Penal Code Cap 16 R.E. 2002

32

rape on a girl or woman, being a traditional healer takes advantage of his position and

commits rape on a girl or a woman who is his client for healing purposes, being a religious

leader takes advantage of his position and commits rape on a girl or woman.

The section provides circumstances under which rape will be established or proved and that is

one main ingredient which is penetration and that is provided in subsection 4 of the Act that;

for the purposes of proving the offence of rape, penetration however slight is sufficient to

constitute the sexual intercourse necessary to the offence and evidence of resistance such as

physical injuries to the body is not necessary to prove that sexual intercourse took place

without consent.

Punishment

s. 131. (1) provides for punishment under circumstances depending on type of crime of rape

committed that; any person who commits rape is, liable to be punished with imprisonment for

life, and in any case for imprisonment of not less than thirty years with corporal punishment,

and with a fine, and shall in addition be ordered to pay compensation of an amount

determined by the court, to the person in respect of whom the offence was committed for the

injuries caused to such person... where the offence is committed by a boy who is of the age of

eighteen years or less, he shall if a first offender, be sentenced to corporal punishment only, if

a second time offender, be sentence to imprisonment for a term of twelve months with

corporal punishment, if a third time and recidivist offender, he shall be sentenced to life

imprisonment a person who commits an offence of rape of a girl under the age of ten years

shall on conviction be sentenced to life imprisonment.

S.131A and 132 provides for the offence of gang rape and the punishment thereupon.

Generally the main law governing capital punishment in Tanzania is the penal code which

establishes and penalize for a crime to an offender. The evidence Act is to the effect of how

bring evidence in all cases both criminal and civil cases, the criminal procedure code

stipulates on how procedures to summon, convict and conduct trials on criminal matters

should be conducted in every case therefore it defines what crime should be bailable and

which crime or offence should not, murder and treason, armed robbery are such types of

offences that bail cannot be granted.

33

3.8. Conclusion

In East Africa crime also is one of the burning issue, there is no currently one law governing

crime, example there is no one penal code, every country is governed by its own criminal

laws and courts and enforcement machinery specifically, every country punishes a certain

crime depending on its own base of legal system, some of the crime belonging to one country

are not punished in other country, example homosexual is punished in Uganda while

Tanzania not, Kenya it is still subject to discussion, different politician are pushing the need

to punish the act. Morals and customs and practice, colonial system, and independence are

the base for these legal differences.

34

CHAPTER FOUR

RESEARCH FINDINGS AND ANALYSIS

4.0. Introduction.

This chapter aims at displaying the data as they were collected both at the field work and on

the library. The mode which was used by the researcher in collection of data was based

mostly on participatory observations, interviews, questionnaires and library. The research

was centred at Mwanza particularly Magu, Ilemela and Nyamagana districts. However a

researcher had an opportunity to visit and to contact some respondent from Dar es salaam,

Morogoro, Tanga, Singida, Pwani and Dodoma through internet via electronic mails

(emails), phones and others through social network were contacted and they responded to the

questionnaire.

The question in this paper why there is increase of crimes in the society despite the

availability of law enforcement mechanism? Therefore the information to be provided

hereunder is to the effect that the aforesaid research question is going to be tested. The

researcher starts with presenting information gathered or obtained from field study, followed

by library research. Mainly a researcher had to answer one question in order to come out with

a good finding.

4.1. WEAKNESS OF THE LAW ENFORCEMENT AGENCIES.

4.1.1. Police Force.

Sixty percent of respondent during a research were of the view that police officers were the

key cause for crime increase in the society, while thirty percent of the total number of

interviewed respondent were of the view that court system and the whole system of

administration of justice in Tanzania are the cause of crime increase in Tanzania while the

rest (10%) opined to other factors like social changes, globalization, and human biological

nature as presented hereunder in tables.

35

4.1.2. Source of crime in the society

No. Cause of crime Police force Judiciary Other sources Total number of

respondent

interviewed

1. Police Force 60% 30% 10% 70

Table 4.1. Data collected during interview81

Corruption;

Members of police force themselves are corrupt, they are unfaithful, they take bribe and they

are not devotee to their work, they don’t work because they love the work but because they

intend to combat life hardship, hence members of the society considers this as the factors for

crime increase, citing an example of drugs, they said that example when a drug seller in cause

of drug trafficking once arrested by a police can pay some amount to be set free hence this

will allow many crime in the society.

Knowledge of the Law;

Other police officers are not knowledgeable in the law that they enforce, example many

prosecutor are not conversant with legal procedures, citing specifically some respondent

argued that public prosecutor are most of them inspectors of police force, they are mere

police who have not gone most of them to law schools or passed bachelor of laws studies.

This according to most of respondent encourages crime increase in the society due to

unfairness from arrest to criminal proceeding to the court of law, since the agencies who are

supposed to enforce the law are not aware with the law they enforce this alone is the key

factor to motivate anger of the arrested criminals, or unfairness, injustice which generally can

encourage crime increase because some offenders can walk court free while they are

supposed to remain behind the prison gate.

Immoral Behaviourism;

some of the respondent were of the opinion that in rural areas are some police officers are left

behind because it is impossible to be supervised by their superiors therefore they engage

themselves in immoral behaviours, example alcoholism, abusive languages, fighting between

81

This data were collected during an interview conducted by a researcher at Magu District Mwanza on

November 2011, aiming to know the causes of crime in the society.

36

police officers themselves, rape cases of victims who are arrested to different police stations,

unfaithfulness, and many bad practices. Such behaviours are practiced within the society and

reported cases of such a nature are few because of the system of monitoring and controlling

police behaviours is still ineffective.

Habitat;

It was further observed by the researcher that most of police officers are living in an

unsecured places, with low salary, poor living condition, mixed with citizen and sharing life

hardship sometimes condemning the government to be the factors for crime increase in the

society, regarding this factor, it was further discovered that there was no respect to the

member of police force by members of the society, however due to a critical life that these

officers were living the criminals could take such chance to commit petty atrocities, example

police quarters at Magu district were in very critical condition, again were located around the

residence of citizen, this was evidenced by the report of the then Minister responsible home

affairs Lawrence Masha during Parliament secession82

(quested in Swahili language)

...kuvijengea mazingira mazuri vyombo vya ulinzi na usalama na kutatua matatizo ya makazi

na maslahi watumishi wake

4.1.2. Judicial System:

In Tanzania like any other country in the world has its own way of judicial system and

admistration of justice, unlike Kenya83

whereby there are three superior court, Tanzania has

two superior court which is the Court of Appeal and the High Court of Tanzania followed by

subordinate court which are the resident magistrate court, District court and the Primary court

being the last one.

Delay of cases;

Most of the respondent interviewed during the research mentioned delay of cases as a ruling

factor for crime increase in the society, this blame was thrown to courts of law that cases are

delayed and therefore justice is not done, justice is defeated since cases can take more than

ten years, especially murder cases, rape cases, drug cases and other capital crime, they were

82

Hotuba ya Mheshimiwa Lawrence Kego Masha (MB.), Waziri wa mambo ya ndani ya nchi, akiwasilisha

bungeni makadirio ya mapato na matumizi ya wizara ya mambo ya ndani ya nchi kwa mwaka 2009/2011 at p 3 83

Article 163 of the current Kenya Constitution of 2010 establishes the Supreme Court, and Article 162

establishes system of courts to include High Court, Court of Appeal, and the Supreme Court.

37

of the view speed track of cases are not observed since through legal procedures, technical

and sometime cumbersome procedures justice is defeated something which takes away trust

to courts of law and hence mob justice. A good example was supported by the then Chief

Justice Agustino Ramadhan84

.

...Is it an indication that people do not have confidence in the Judiciary or in the judicial

process? we must admit that our court process is at snail’s pace and we do not deliver with

the desirable speed. Let me take a random survey to illustrate this point...In Tanga, one

Issack Vincent was alleged to have committed murder in 1993 and was convicted by the High

Court but the Court of Appeal, in Criminal Appeal No. 132 of 2005, acquitted him on 10th

July, 2007, that is, after 14 long years. Again in the same registry a land dispute between Ally

Lombe and Omari Stambuli arose in 1980 and it is still pending in the Court of Appeal as

Civil Appeal No. 3 of 1997 being 27 years old now...

In the Arusha Registry, one Hunay Langwen and his three fellow villagers were convicted of

murder on 6th October, 1992, and they languished in prison with the death penalty looming

over their heads for 12 years before their appeal, No. 120 of 2002, was allowed and they

were set free by the Court of Appeal on 7th October, 2004. To wait for 12 years for an appeal

to be heard cannot be explained in any way. It burdens one’s heart when it is found out that

the appellants were not guilty after all...I am ashamed of this record and I have no hesitation

whatsoever to admit that such instances contribute to the negative attitude to the courts...

4.1.3. Courts Delay.

Type of case

filed

Year Number of

case filed to

the court of

law

Number of

case decided

Pending Case Number of

case

dismissed

Rape 2009 17 2 8 7

H/ breaking 2009 23 6 13 4

Table 4.3. According to Magu district court

Development of Science and Technology;

With the increase of science and technology new crimes now are born or advanced in a new

modern way, at times a person had to rob a bank physically, use force, guns and any other

84

Law day speech by Hon. Chief Justice Augustino Ramadhani; The law day, 04th

January 2008. Accessed on

http//:www.judiciary.go.tz/index

38

physical means, but now with the availability cyber technology one can steal money without

being present at the scene of crime. New cyber crime are created which are not within the

capacity of the court such crime include spoofing, phishing, internet banking, internet found,

hacking and eaves dropping important information which could enable him to commit a

crime anywhere in the world. Few respondents contended that with the development of

science and technology new crime are born and they are not provided with the old laws that

exist in our society.

In support of this assertion Robert Manumba85

is quoted saying that;

Cyber crime is a growing global concern, because; current criminal trends are closely

associated with technology. Computers or networks are increasingly becoming the

source, tool, target or place of crime. To make matters worse, criminals are now

finding it much safer to commit computer related crimes than traditional crimes. For

law enforcement Agencies, challenges in this regard are more pronounced. In most

cases, identity of perpetrators is disguised because criminals can attract from a remote

site almost from anywhere around the world.

4.2.0. CRIME INCREASE IN THE SOCIETY

A researcher wanted to know the reason for crime increase in the society despite the

availability of law enforcement agencies, but however to know the reason for increase of

crime in the society was to be directly related as to whether there a good number of cases

filed in the courts of law to sustain the presumption that crime were increasing in the society.

Hereunder is the table presenting a statistics of crime in Magu district particularly Magu

District Court.

85

Brief remarks by the Director of Criminal Investigation Mr Robert Manumba at the occassion of the launching

of a cyber crime training programme sponsored by the government of India on 13th July 2010 Kempiski Hotel

Dar es salaam At P 1-2

39

4.2.1. Crime rates in the year 2005-201186

Type of

case

2005 2007 2009 July 2011

Murder 18 21 19 14

Rape 27 31 53 29

Burglary

and House

breaking

54 61 48 37

Table 4.2. Magu OCD office

4.3. External sources of crime increase in the society

It is worth noting that despite the fact that Courts of law and police force (as basic law

enforcing agencies) or unit are the sources of crime increase in the society, it cannot suffice

that they are the only source of crime rates in the society by the aforementioned reason

including, corruption, delay of cases, and lack of knowledge of the law to mention the few,

but also hereunder are the source of crime in the society particularly Tanzania as observed by

the researcher during interview and personal observation and experience generally.

Poverty;

During the research a good number of respondent particularly from Mwamanyili, Isandula,

Kisesa, Kahangala and Nyashimo villages asserted that poverty was the key cause of crime

increase in the society, in questioning the connection of crime increase and poverty some of

the respondent argued the hardship of life as the cause of crime, the term referred in to

Swahili as ‘ugumu wa maisha’ (life hardship) to be the cause of robbery and burglary and

house breaking in the surrounding villages, they further stated that shops are broken and

robbed everyday because, there is no money, food, and necessaries hence crime increase in

the society.

However this supported by Lauren King87

who says that; a jump in property crimes seems to

occur when unemployment or poverty rates increase, according to a state-wide study by

Debbie Roberts, a research data programmer and analyst for the Virginia Department of

Criminal Justice Services. Violent and drug-related crimes also may escalate in times of

recession, Roberts said, but less so than property crimes, including burglary, larceny and

86

Note that; this is only the data from Magu District Police Head Office in the year 2005 up to July 2011 and

these are reported cases. 87

January 19, 2009 through http://hamptonroads.com/2009/01/statistics-point-increase-crime-during-recessions

accessed on 1/10/11

40

motor vehicle theft, according to her recent report covering a 28-year period. Roberts said

preliminary data for 2008 show a slight increase in property crimes from January through

September versus the same period in 2007.

Population increases;

It is not disputed that Tanzania ranks over 40 million people according to National Census

conducted in 2002, this population ascends everyday it is believed that the expected census to

be conducted on August 2012 may increase a number of citizen; as that is the fact a

researcher observed that this number of population needs a good number of law enforcing

agencies, enough police, because as the population increase the more likely the crime rates to

increase, it was argued by respondents from Ilungu, Magu stand and Bomani that at Magu

district in Mwanza that population causes crime because of the activities conducted in the

area, needs in the area, and big number of different characters, example was cited by the

police post at Magu stand that the number of arrested criminal at Magu stand is 65 percent of

the total number of people arrested in the township.

According to Richard Rosenfeld, professor of criminology at the University of Missouri in St.

Louis says that how crime is connected to population depends on several factors, including

police department size and residents' participation in social programs; he also said that

"You'll see increases happen in some areas, but not across the board."

Unemployment rate;

This factor is not connected with poverty but rather with an old phrase that ‘An idle mind

devils workshop’ during a research a researcher observed a good number of youth especially

from town areas like Nyalikungu, Magu stand, Kisesa, to mantion free from any work, sitting

idle the whole day or half day playing pool table, arguing about politics, sports or any social

matter, this itself motivate crime rates because this youth who are energetic have nothing to

produce as a source of income to sustain their need. This factor alone encourages

misbehaviour, rape and robbery to the society.

During a research at Magu District Court it was observed by a researcher that in 10 cases of

rape 70% of accused were young generation between 16-28 years, and the particular of the

41

accused most of them stated, unemployed, not married, age 16-28, this alone suggest that

unemployment was a catalyst and conductor for offences in the society.

Globalisation and Marketisation;

Some of respondent argued that growing globalisation and marketisation have resulted in

more opportunities for criminality. They further also argued that to an extent they have

encouraged crime because of the potential to make vast sums of money. Most of respondent

from Magu District Council who are employed asserted that capitalism has resulted on

corporate greed and as a result has led to more criminal activity within businesses that extend

their influence throughout the world.

In this point (Taylor) describes that areas most affected by unemployment suffer ‘the

massively destructive effects that this joblessness clearly has had on the self-respect of

individuals and communities’. Areas blighted by unemployment have little hope of major

improvement, and the longer that high levels of unemployment last, the greater the

cumulative effects Taylor also believes that the lack of opportunity and hope leads some to

turn to crime he further substantiate by official records of burglary increase between 1971

and 199188

.

4.4. Internal Influence on criminality;

After having seen data presented from a field study by a researcher it is a high time now to

embark on internal factor that generate criminal mind, data presented is based on personal

observation, opinion of the respondents, courts, and police records, however the data

presented is based on external cause for crime increase and external factor for cause of crime,

but hereunder is the internal factor for criminality from different literatures.

Genetics;

Many modern biologists consider that genes are relevant because they have a great influence

on brain function and therefore it is believed on behaviour and criminality, since human

being are genetically unique except identical twins this can help in explaining behaviour

differences who have been subjected to different environment and social behaviour89

.

88

op.cit 89

Ibid

42

Physical, genetics and biological influences criminality; as suggested by criminology ideas

and legal concept, The aim of this aspect on criminality is to consider, both for a historical

and a contemporary view point the assertion that there are biological explanation for crime,

theories that advanced these assertion or such kind of explanation tended to adopt the stance

that crime was a sickness or illness which afflicted individual criminals, and was a result of

biological dysfunction or disorder90

.

New ideas in biological positivism, Recently there have been a number of ways in which

biology has been used in criminology, especially revolutionary psychology which takes

aspect in modern Darwinian research and applies them in human psyche, it is believed that

the mind have mechanism to process information and the mechanism have evolved to resolve

problems commonly faced by humans, [reported on Rode and Wang (2000):926] and one can

better understand the psychology of people through an understanding of these mechanisms.

Parental care enhances the survival of the species and is itself more likely if there is devotion

between the parents so love, affection and devotion are likely between parents91

.

It is also believed that if one family is criminally oriented then the entire branch of that

family would in most cases be so. Example the study called inherited genetic factors: family

studies the early attempt to prove a genetic link with criminality, the most famous of these

was undertaken by Richard Dugdale (1877), the Jukes were a new York family who were

infamous fro criminality, prostitution and apparent poverty. Dugdale postulated that all three

factors were related and fixed so that criminality would always run in the family; it was true

that in the Jukes family there was a very high proportion of criminals92

Other factors and studies include twin studies related with environment as the cause of crime,

adoption studies related with parental criminality and adoptee, race crime and genetics

studies, as general the source of crime in the society, all these factors if examined critically

they cause crime yes it is possible for lawyers to about this factors, that genetics cannot

explain a crime, and it is always things connected with world factors not genetics, but the fact

remains constant that there are people who are criminals and if one is to researched upon one

will find the entire family or clan having an history perspective of criminality.

90

Katherine, S. W. (2008); Text Book on Criminology, 6th

Ed; Oxford University Press New York Chapter 6 at

p 135 91

Katherine, S. W. (2008); Text Book on Criminology, 6th

Ed; Oxford University Press New York Chapter 6 at

p 139 92

Ibid p 142

43

4.5. Tanzania crime rates according to Human Rights Centre;

It is important to note that the fact that crime increase has been presented through a random

survey conducted at Magu by a researcher that alone cannot conclude whether or not there is

crime increase in the society. Hereunder is the statistics of reported incidents according to

human rights centres in Tanzania generally. This is important since will prove that there is

crime increase not only in Magu district but also all over Tanzania and the factors mentioned

in the report are not only from Magu district but also the entire country.

In the year 2008;

In the year 2008 Police and prison guards used excessive force against inmates or suspects, at

times resulting in death, and police impunity was a problem; there were continued reports of

killings of elderly individuals accused of being witches; prison conditions were harsh and life

threatening; there was widespread police corruption and violation of legal procedures; the

judiciary suffered from corruption and inefficiency, especially in the lower courts; freedom of

speech and press were partly limited; governmental corruption remained pervasive;

authorities restricted the movement of refugees; societal violence against women persisted;

and trafficking in persons and child labour were problems.

Police Killing;

Senior police officials accused subordinate police officers of killing several persons

unlawfully example in January police officers Fanuel John, Emil Saidi, and Yona Fika were

arrested for killing two persons including a primary school pupil in Tarime District of Mara

Region in the course of arresting villagers who were selling marijuana and illicit

alcohol.93

.According to a September 7 Reuters News Agency report, the Kilimanjaro regional

police killed 14 suspected robbers in an ambush, 11 of whom were identified as Kenyans,

including one woman. Also during the same year authorities brought murder charges against

15 police officers involved in shooting and killing three gemstone dealers and a taxi driver

near Dar es Salaam in January 2006. A special commission headed by a high court judge

93

http://www.state.gov/j/drl/rls/hrrpt/2007/102128.htm, Bureau of Democracy, Human Rights, and Labour

March 11, 2008 accessed on 11/04/2012

44

investigated the incident and found that the victims were not robbers as the police claimed,

and reportedly they had not been resisting arrest94

.

Mob Justice;

Deaths as a result of mob violence continued, including by stoning, beating, hacking with

machetes, and burning, but they were fewer in number following a governmental outreach

campaign to discourage mob violence. According to the January 24 Citizen, Tumaini Mesiaki

was lynched by a mob in Arusha for trying to steal from a house. The deceased was among

the prisoners pardoned by President Kikwete in 2006. On March 6, The Guardian carried a

picture of a thief stoned to death by an angry mob. The July 8 Daily News reported the

beating to death of Duka Selemani in Mbeya District after he tried to steal two tins of coffee

from another villager. Convictions in such cases were rare; authorities indicated that

witnesses were often reluctant to testify.

Witch suspect killing;

The killing of suspected witches continued. A widespread belief in witchcraft led to the

killing of numerous alleged witches by persons claiming to be their victims, by aggrieved

relatives of the victims, or by mobs. The practice, once concentrated in Shinyanga region, has

spread to other regions as a result of the pastoral migrations of persons from Shinyanga. For

example, according to the February 14 issue of Majira, unidentified persons stabbed 65-year-

old Atuhalile Kiswaga to death in Iringa region. According to the July 21 Habari Leo,

unidentified persons killed 60-year-old Kundi Kusinza in Mwanza region using machetes and

took the private parts of the deceased. The Mwanza regional police declared her death a

witchcraft related killing and were investigating the incident95

.

In August 2006 the newspaper The African, citing statistics from the local nongovernmental

organization (NGO) Concern for the Elderly (COEL), reported that, in the preceding decade,

8,580 elderly persons within the Lake zone had been killed following allegations of

witchcraft. COEL indicated that the incidents were most common in Tabora, Mwanza,

94

bid 95

http://www.state.gov/j/drl/rls/hrrpt/2007/102128.htm, Bureau of Democracy, Human Rights, and Labour

March 11, 2008 accessed on 11/04/2012

45

Shinyanga, and Kigoma regions96

, such kind of reports showed how crimes had taken place

all over the country and increase of crime in the society97

.

Rape Cases involving both police and individuals;

Police sexually abused individuals in detention on the mainland and in Zanzibar, there were

reports that guards beat and sexually abused prisoners, for example, on February 25, police

arrested Corporal Onesphory Materu on the mainland for raping a 15-year-old female

prisoner. In Zanzibar, according to the August 15 Guardian newspaper, a police officer was

suspended for raping a school girl inside a police station where she had gone to report she

had been raped by someone else. The acting police commander for Unguja South, Khamis

Ramadhani, told reporters that further legal action against the officer were on progress98

.

Bribes and Arbitral detention by police officers;

Arbitrary detention In the July 22 edition of Habari Leo, residents of Tunduma area in Mbozi

District of Mbeya reportedly complained to the regional police commander, Suleiman Kova,

the current Dar es Salaam police commander about policemen who harassed them by

demanding bribes. The residents alleged that those who were unable to pay were arrested on

false charges99

.

4.5. Conclusion

Generally as pointed out earlier there can never be one accepted cause of crime in the society;

it is the question of social aspect, legal system, economic status, character, and nature of

people, genetics, and psychology, internal and external factors generally. Through this

research it has been observed by a researcher that through a thorough conducted research

there is undisputed fact that crime rates in the society is highly climbing, it is amazing that

there is no good news neither in the radio, television or magazine, internet or in social

network, not only in Tanzania but also the globe in generally. That is why a researcher

recommends in chapter five different solutions to reduce crime rates in the society.

96

Ibid 97

Ibid 98

Ibid 99

Ibid

46

CHAPTER FIVE

CONCLUSION AND RECOMENDANTION

5.0. Introduction

The study intended to examine the reasons for the increase of offences in the society despite

the availability of legal enforcement machinery Hence this chapter covers both conclusion

and recommendation of the findings in chapter four of this research, a researcher has pointed

out on what to be done in order to cover the problem of mushrooming of crime in the society

despite the availability of law enforcement agencies, several recommendation has been

displayed in this chapter therefore hereunder are conclusion and some of recommendations.

In concluding the finding it has been observed that there cannot be one accepted reason as to

why crime and offence in the society is increasing every day. Instead social change, science

and technology, lenience and reluctance of the law enforce has been observed to be the cause

of these entire catastrophe.

5.1. Conclusion

In conclusion however it is worth noting that there can never be one accepted reason first for

the source of crime but second for the reason for increase of crime in the society. In

concluding this chapter it has been observed that the society is at peak of crime increase. In

conducting the research a researcher found out that both environment and genetics are the

cause of crime increase in the society, rich and poverty are the same factors that contribute to

crime increase in the society.

It has been again covered by the researcher that no law can be a cure of crime, it is only a

threat to offenders, beside no law is sufficient to cure criminal conduct in the society,

therefore laws are deterrent in nature but not curative in nature, members of the society obeys

laws not because they wish to do so but because they fear sanction thereupon by that factors

there is no real obedience of the law that is why criminal conduct are much increasing in the

society.

Generally the society is the core source of crime since offenders are members of the society

and therefore it is only the society that causes crimes in the society, though crimes are

committed individually at a personal level. To generate a good society laws should be created

to educate members of the society to hate crimes not to make them fear the laws. Creating a

47

good society it needs a considerable time in both law making and educating the society on the

effects of crime in the society.

In all the observation and interview conducted by the researcher, ignorance of the law has

also been an engineer of the violence, crime and offence outcome in the society, lack of

morality, political instability also are some of the reasons for the increase of offences in the

society. Other factor which touches directly the life of a human being which are natural and

are not connected with state, law, natural or positive law directly but rather a life that a man

find himself in, they include fear, ignorance, hatred, worry, revenge, envy, greed, lust,

selfishness, doubt, prejudice, pride, vanity, impatience, sloth, discrimination, arrogance,

ambition, addiction, gluttony, criticism, blame, anxiety, and frustration

In conclusion however it is impossible to mention every factor as the cause of increase of

offence, as it is also impossible to mention one general factor for the cause of the problem of

increase of offences in the society, It is better to know that, as the society changes, the law

changes too, morality and behaviour of human conduct also change, human kind and human

mind advances better than the stage he had been, also need and expectation and senses also

grows better than the stage he were, which in general causes the disobedience of the law,

ineffectiveness of the law giver hence the cause of crime and increase of offence in the

society.

5.2. Recommendations.

The following are the recommendation of the researcher regarding the findings of the

research

Enhancing the law enforcement agencies especially police force and judiciary. The

government should enhance police force in terms of salary, good and reliable weapons, good

houses and remuneration benefit and various allowances. This is because police officers are

the sole source of crime cures in the society therefore if they will be enhanced orally and

materially they will be helpful. It is wise to teach police officers how to behave ethically so

that they can be entrusted by the society, laws should again be tought to members of police

force so that they can be conversant with laws that they enforce on both criminal and civil

matters.

A new system on judicial administration; it is very important that the judicial system should

be reorganised and a new way on system of judicial administration should be established,

48

example ethics department should be empowered to so that judges and magistrate can behave

in ethical manner, maintenance in corruption practices, to reduce number of cases that flocks

to the courts of law, in order to be do that magistrate, and judges should be employed in order

to meet the number of cases to the courts of law, however advocates should be re observed

because are the source of techinicalities and delay of cases due to unnecessary adjournment

basing on technical gate.

Introduction of science based kind of judicial administration; In order to run the judiciary

regarding the requirement of today situation it is very important that record keeping should be

electronically recorded, evidence recording should be stored recorded and taken so fasten the

speed of cases in the courts of law. This will allow the courts to meet a speed track standard

as required by the society and thus the society will trust the courts of laws. New laws should

be enacted that will meet the new crimes which are born everyday such internet fraud, e

contract, and other related cyber crimes.

Education to the society; It is better to educate the society, to hate committing crime, to

discourage crime and teach them the impact of offences in the society, if it is corruption it is

better to educate members of the society a better life without corruption, and teach hating

corruption, instead of imposing laws and bodies to regulate, prevent and combat corruption.

Because corruption is an inner feeling of giving demanding or receiving or causing receiving

or giving, therefore a member of a society should be educated how and why he/she has to

hate corruption, and he/she should be acquainted with both social moral and legal knowledge.

Also legal education to the society should be reviewed, syllabus review to encroach some of

the subjects to secondary level and all programmes at university level should introduced,

example, Constitutional law, contract law, human right law for secondary level, citizen’s

rights should be taught at secondary level so that students can have the basics about his or her

rights and can know better citizens right, subject like criminal law, though not in details

should be taught in secondary level so that one can know better crimes punished under the

penal code, because during the research a researcher found that many people commits crimes

unknowingly whether what they do is a crime or not.

Generally, there is the need to make good laws, which does not favour one side especially the

ruling class, fairness among the ruling class and citizen, and good distribution of nation cake,

poverty should be reduced to the fullest extent so that struggle cannot be too high, it is not

possible to end and stop crime but reducing the size and trend of crime and new crime which

49

cannot be created due to the reason that have been mentioned. If all these are observed it is

the researcher’s great belief that offence increase will be reduced to the maximum and come

out with a harmonious society.

50

BIBLIOGRAPHY

BOOKS

Abbort D. and Clinard M. (1973) Crime in developing Countries, New York: John Wiley

and Sons,

Giddens, A., Duneier M. & Appelbaum R. (2005) Sociology; 5th Edition. London: W. W.

Norton & Company, Inc.

Hazel, C. (1998) Crime and Society in Britain, 1st Edition. London: Addison Wesley

Longman Limited.

Katherine, S. W. (2008); Text Book on Criminology, 6th

Ed; Oxford University Press New

York

Quinney, R. and Wildman, J. (1977). The Problem of Crime: Critical Introduction to

Criminology. Herper and Row Publishers.

Shivji, I. G. et al (2004), Constitutional and Legal System of East Tanzania: Mkuki na

Yota, Dar es Salaam

Stephen H. & Peter E. (2001; Sociology of Crime, 6th

Edition. London: Routledge,

Taylor and Group Company.

Tanimu, B. (2003) “Deviance and Social Control” in Salawu B. (ed.); Sociology: Concepts

and Themes, 2nd

. Ibadan: Cresthill Publishers ltd

PAPERS/JOURNALS/ARTICLES

Crime and Policing Issues in Dar es Salaam Tanzania Focusing on: Community

Neighbourhood Watch Groups (SunguSungu); Paper presented at Durban South Africa

during the 1st Sub Saharan Executive Policing Conference International Association Of

Chiefs of Police (IACP) from 27-30 August 2000.

Police Policy Research Centre of Japan; (December 2003) Action Plan to Create A Crime-

Resistant Society: To Re-establish Japan as “The Safest Country in the World” Ministerial

Meeting Concerning Measures against Crime.

Steve Metiboba; Crime Prevention and Control in Nigeria: A new Paradigm Shift, PhD

paper presented at University of Ilorin Nigeria, 2009.

51

ELECTORNIC SOURCES:

http://www.merriam-webster.com/dictionary/offense accessed on 29/03/2012

http://www.ll.georgetown.edu/guides/history_crime_punish.cfm accessed 29/03/2012

http://urbantitan.com/10-most-dangerous-cities-on-the-world-in-2010/accessedon 06/04/2012

http://www.iss.co.za/pubs/CrimeIndex/01Vol5No1/World.html accessed on 06/04/2012

http://www-rohan.sdsu.edu/faculty/rwinslow/africa/kenya.html accessed on 07/04/2012

http://www-rohan.sdsu.edu/faculty/rwinslow/africa/kenya.html accessed on 07/04/2012

http://www.historylearningsite.co.uk/crime_globalisation.htm accessed on 01/10/2011

http://www.infoplease.com/ipa/A0777460.html accessed on 06/04/2012

http://hamptonroads.com/2009/01/statistics-point-increase-crime-during-recessions accessed

on 1/10/11

http://crimeanddeviance.com/what-is-an-offence accessed on 28/03/2012

http://www.quotegarden.com/justice.html accessed on 31/03/2012 at 14;18

http://www.quotegarden.com/justice.html accessed on 31/03/2012

http://www.maltamigration.com/settlement/mme/chapter4-5.shtml accessed on 01/10/2011

Other Sources

Bryan A. G, Black’s Law Dictionary 8th

Ed

Concise Law Dictionary and Translation of Latin Maxims, 1927

Concise Oxford Dictionary-10th

Ed

Stimson, OCR. A concise law Dictionary of Words Phrase and Maxim, 1911(np)