A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirement for the Award of Bachelor Degree of Laws [LL.B] of Mzumbe University
This report based on legal implications of the EAC Treaty in relation to the freedom of expression in Tanzania. The spirit behind the undertaking of this research is the current enactment of many laws such as the Media Services Act, the Cybercrime Act, and Statistics Act, concerning freedom of expression and the allegation that the current government (fifth government) has been interrelate to the freedom of expression that there is fear to both press and the public at larger to criticize and comment negatively on the government as away to exercise democracy. This paper has both general and specific objectives; general objective is to examine the legal implication of the EAC Treaty in relation to the freedom of expression in Tanzania. Specific objectives include to analyses the legality (validity) of the law governing freedom of expression and other related matters in Tanzania in relation to EAC Treaty, and to identify violation if any of the EAC Treaty and analyses its legal implication. The study used qualitative approach which involves literature review, interview, and questionnaire. In this research the underlying assumption has proved. It is proved that domestic laws especially on freedom of expression and democracy are not valid since they fail to meet the required standards from international treaties especially EAC Treaty. It is also proved that domestic laws are not enacted with the fact in mind that Tanzania as a partner State are obliged to abide and adhere to the Treaty.
Lastly the researcher recommend inter alia that The government should resume the constitutional review process and make sure that the incorporate express provision on freedom of expression as it was recommended by Waryoba commission 2011 and that the government through the Ministry of Constitutional and Legal Affairs should spearhead the amendment of laws restricting freedom of expression in Tanzania as it was directed by the EACJ in the case Media Council of Tanzania and two others vs. The Attorney General of the United Republic of Tanzania Reference No.2 of 2017, so as to bring it, into compliance with the Treaty for the Establishment of the EAC