Browsing by Author "Temba, Ferdinand Marcel"

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Enhancing access to health information in Tanzania: legal frameworks, university libraries’ pivotal role, and evidence-based policy reforms
(The sub Saharan Journal of Social Sciences and Humanities (SJSSH), 2025-11-07) Temba, Ferdinand Marcel
Access to health information is a cornerstone of democratic governance, transparency, accountability, and optimal public health outcomes. Anchored in Article 18 of Tanzania’s 1977 Constitution and the Access to Information Act of 2016, this right intersects with global [e.g., International Covenant on Civil and Political Rights (ICCPR) Article 19] and regional [e.g., African Charter on Human and Peoples’ Rights (ACHPR) Article 9] instruments. Employing doctrinal legal research, this article analyzes these frameworks while positioning university libraries as critical intermediaries for acquiring, organizing, and disseminating health information to academic and societal users. Key findings reveal substantive barriers; broad exemptions, excessive discretionary powers, and fragile enforcement; compounded by procedural gaps in digital regulation and oversight. University libraries empower users through information literacy, digital repositories, and community outreach, yet face resource constraints and infrastructural challenges. The study concludes that aligning legal entitlements with practical access requires systemic reforms to advance health equity and sustainable development. Policy recommendations include narrowing exemptions with public-interest overrides, establishing an independent Information Commission, introducing tiered sanctions and expedited urgent requests, and fostering library-government partnerships for capacity-building and digital integration.
Legal and policy dimensions of climate governance in Tanzania: implications for environmental protection and public health resilience
(The sub Saharan Journal of Social Sciences and Humanities (SJSSH), 2025-11-25) Njau, Beatrice Valerian; Temba, Ferdinand Marcel
Climate change presents escalating threats to Tanzania’s ecosystems, socio-economic systems and public health, demanding a governance framework that effectively integrates environmental protection with health resilience. This article provides a wide-ranging doctrinal analysis of the legal and policy instruments shaping climate governance in Tanzania, drawing on the Environmental Management Act (EMA) 2004, the National Climate Change Response Strategy (2021–2026), the National Environmental Policy (2021) and relevant sectoral laws. The study examines how these domestic frameworks interact with global and regional commitments under the UNFCCC, the Paris Agreement, African Union climate strategies and East African Community policies. Findings reveal that while Tanzania has established a robust formal architecture for climate governance, significant gaps remain in implementation, enforcement, institutional coordination and resource allocation. Insufficient mainstreaming of public health concerns into climate adaptation and mitigation strategies further constrains the nation’s resilience, particularly for vulnerable populations such as smallholder farmers, women and residents of informal settlements. The article argues that enhancing climate governance requires clearer institutional mandates, strengthened judicial and regulatory capacity, improved climate finance utilization and systematic integration of public health considerations across all levels of planning. It concludes by proposing targeted legal and policy reforms to advance a more coherent, equitable and health-responsive climate governance regime capable of safeguarding environmental integrity and human well-being in a changing climate.
Privacy, medical confidentiality, and health in Tanzania
(Elgar, 2023) Temba, Ferdinand Marcel
This chapter analysed the protection of patient confidential information and privacy in the health sector. It considers the legal framework based on inter- national influences by international instruments and other sources of law in Tanzania from legislative to received laws. From the outset, the chapter finds that the law of confidentiality and privacy in the health sector is underdevel- oped. While Tanzania complies with the international legal position on privacy and confidentiality, the customisation of the rules through local legislation has been taking place slowly. There is no general law on protection of patient confidential information only that the health practitioners are guided by a few specific laws such as the HIV and AIDS (Prevention and Control) Act, 2008, and Human DNA Regulation Act 2009. The Codes for Conduct and Ethics for specific health professionals such as medical professionals and dentists, nurses and midwives, radiology and imaging professionals, pharmacists, and optom- etry provide limited guidelines for the standards of medical confidentiality and privacy as well as the exceptions to medical confidentiality and privacy. Despite these setbacks, the health system is organised and prepared to deal with emerging health challenges although crudely, while maintaining the privacy and confidentiality of patients. For instance, the development of science and technology has led to the enactment of laws to address issues likely to cause difficulties in the day-to-day activities of health professionals and thus laws such as the Human DNA Regulation Act 2009 were enacted to address such changes. The few existing laws, albeit, in summary, set standards of privacy and confidentiality and provide for the grounds for disclosure of confidential information which range from statutory exceptions to disclosure due to public interest. COVID-19 which hit the world in late 2019 made Tanzania to adopt and customize World Health Organisation COVID-19 standards and set guide- lines for the prevention and vaccination of COVID-19.
Right to health with focus on people with HIV and AIDS in Tanzania
(The Eastern African Law Review, 2018) Temba, Ferdinand Marcel
This article seeks to explore the right to health with special focus on people with Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) in Tanzania. It adopts an historical analysis by firstly focusing on the general position of the right to health at the international level. The article later centres its discussion on the international instruments on the right to health to people with HIV and AIDS. Having highlighted international position of the right to health, the study concentrates its discussion by providing, albeit in summary, the evolution and development of Tanzanian health system. It informs the legal position of the health system and submits on how the right to health is reflected in the Tanzania constitution. It later sets a specific focus on the accessibility of the right to health to people with HIV and AIDS in the country.
The legal framework for protecting social security rights of the elderly in Tanzania
(Journal of Policy and Leadership (JPL), 2025-09-30) Temba, Ferdinand Marcel
The right to social security is crucial for ensuring social justice, particularly for the elderly who are at heightened risk of poverty. This study examines the legal framework for social security in Tanzania, using doctrinal research to analyse relevant national laws and policies. It begins by outlining the importance of social security and assessing global and regional instruments that protect these rights. The findings reveal that while the Constitution outlines fundamental rights, it does not establish an enforceable right to social security for the elderly. The study highlights the challenges facing universal pension programs, such as the Tanzania Social Action Fund (TASAF) and the Productive Social Safety Net (PSSN). Key issues includeenforcement difficulties, insufficient resource allocation, and social exclusion. To address these challenges, the study recommends the development of a comprehensive legal framework that reinforces compliance with international norms and enhances administrative capabilities. Furthermore, it suggests legal reforms aimed at expanding coverage and improving access to social security for the elderly, emphasising the need to tackle issues of inequality and poverty. The analysis incorporates international instruments, such as the ILO Social Security (Minimum Standards) Convention and the SADC Social Charter, to examine Tanzania's adherence to these standards. By advocating for policy improvements and legal reforms, the study contributes valuable insights into strengthening social security rights for the elderly in Tanzania, thereby promoting social inclusion and reducing poverty.
The legal framework of the commission of mediation and arbitration in the settlement of labour disputes in Tanzania
(Turf Law Journal, 2025) Temba, Ferdinand Marcel
This article examines the legal position of the Commission of Mediation and Arbitration (CMA) in resolving labour disputes in Tanzania. It examines labour disputes and the settle- ment of labour disputes under the CMA through mediation and arbitration, in accordance with the Employment and Labour Relations Act, Cap 366 RE 2019 (ELRA), and the Labour Institutions Act, Cap 300 RE 2019 (LIA). The analysis focuses on the legal and institutional framework of the CMA, the powers of meditators and arbitrators, and court decisions on the mandates of the CMA. The article examines procedures for referring disputes to the CMA for mediation and arbitration, including time limits for referring the dispute, condonation, con- ducting mediation and arbitration, determining jurisdictional issues in arbitration, main- taining records of arbitration proceedings, joinder and substitution of parties in arbitration, and arbitration awards, as well as how to challenge faulty awards. Combined mediation and arbitration (med–arb) and its legal framework also form part of the discussion. In settling labour disputes, the CMA faces challenges such as jurisdiction, the time it takes to resolve disputes, the appearance and non-appearance of parties at the CMA, the legal effects, and conflicting decisions and procedural inefficiencies that impede its performance. The article calls for amendments to the ELRA, the LIA, and the rules made thereunder and for the CMA to address challenges that inhibit the smooth settlement of labour disputes.
The right to regulate in natural wealth and resources in Tanzania: challenges and prospects
(Journal of International Trade, Logistics and Law, 2023-06-01) Kitonka, Naufal; Temba, Ferdinand Marcel
This article examines the right to regulate in Tanzania amidst legal reforms in natural wealth and resources done in 2017. The right to regulate seeks to balance investor’s economic interests in investment protection with host states’ interests in pursuing public policy objectives such as environmental protection and human rights (distributive justice). Achieving this delicate balance, however, is quite tricky. Whilst these reforms elevated the right to regulate to new lights, they equally exposed Tanzania to new investment arbitration claims. This article has reviewed related literature, statutes and case laws and observed that regulatory measures taken in pursuance of these reforms may be at odds with investment treaty standards and commitments entered by Tanzania in investment treaties. The article reveals that majority of bilateral investment treaties entered by Tanzania do not contain provisions recognizing or implicating right of states to regulate. In essence, this contradicts legal reforms done in 2017. It is, therefore, recommended that Tanzania should review investment treaties so that they also reflect the right of states to regulate. By complementing efforts done under domestic investment laws, this will help to safeguard the right of state to regulate.