A Thesis Submitted in (Partial) Fulfillment of the Requirements for Award of the Degree of the Master of Law (LL.M.) in Commercial Law of Mzumbe University. 2013
This study is about critical assessment of challenges faced by ZIPA in ensuring investors‟ compliance to intended investment. This research was aimed at examining the challenges faced by ZIPA in ensuring investors‟ compliance to intended investment in Zanzibar. In realizing this goal, the tourism sector was chosen as a focal study in this research and the researcher examined the Zanzibar Investment Promotion and Protection Act 2004, the Zanzibar Employment Act 2005, the Immigration Act, 1997 (Revised Law), the Zanzibar Tourism Act 2009, the Transfer Land Act 1994 and the Land Tenure Act 1992 so as to assess those challenges in ensuring the investors‟ compliance to intended investment. This study was basically a qualitative research which was aimed at enabling collection of detailed information about the problem under study. The researcher used interview guides and questionnaires as tools of collecting detailed information from the respondents. Kinds of sampling being used in this study, was purposive sampling where total of 22 respondents; among them, there were investors, lawyers and other stakeholders. This number and kind of respondents provided good findings concerning challenges faced by ZIPA in ensuring investors‟ compliance to intended investment are as there is the weakness of the legal frameworks in Zanzibar, there is a bureaucracy and corruption in the government institutions and failure of the government to harmonize the East African laws. Also, disputes in the society and the absence of the legally recognized rules of investment. In this, the researcher recommended that the government has to review all laws of investment as well as the corruption law in order the investors to comply them attentively and due to the union of East African Community, the harmonization of laws is also very important. The government has to reset ZIPA to be as a really One Stop Centre.