A Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirements for an Award of the Bachelor of Laws (L.L.B) Degree of Mzumbe University.
This research discusses the “Critical Analysis on the Effectiveness of the Laws Governing Tenure of Office to the Members of Parliament”. It contains five chapters, starting with general introduction which introduce the research and it explains more on how the data were gathered. It followed with conceptual framework for which it introduces various important concept which are vital to this research, it continues with the legal framework ranged from internationally one to domestic or local one, and it followed by data presentation and findings and finally the conclusion and recommendation. The researcher in the statement of the problems has explained that right to elect and being elected in Tanzania is the constitutional right and is guaranteed for under Article 21(1) of the Constitution of United Republic of Tanzania of 1977. But this right has been misused by some political leaders through by election and re-election. Now day’s members of parliament leave their political parties for reasons that they support President activities and the government is ready to lose lot of money for unnecessary by-elections. The specific objectives of this research were: to know the position of law governing by elections and immunity of Member of Parliament and Council in Tanzania and to examine the principles governing political party in Tanzania. In gathering the information, the researcher was guided by two hypothesis (i) whether the laws governing political party and tenure of office to the members of parliament are effective? (ii) Whether there are principles governing the tenure of members of parliament and after by election in Tanzania? The researcher managed to use both primary and secondary data whereas primary data was obtained through questionnaire survey, oral interviews, and field observation. Convenience and purposive sampling methods were used to pick questionnaire survey nine respondents among them were MPs, and secondary data was obtained through documentary review and online materials. Under chapter five which carry conclusion and recommendations to the “Critical Analysis on the Effectiveness of the Laws Governing Tenure of Office to the Members of Parliament”, the researcher recommended among others that the Judiciary should be Strengthened, the Constitution of United Republic of Tanzania of 1977 should be amended, the Elections Laws should be amended, the Commission for Human Rights and Human Rights Non-Governmental Organizations should be strengthened.