The Law Reform (Assessment of Laws) Regulations, 2021

9. The Commission shall, prior to assessment of laws, undertake the following: 5 GN. NO. 670 (Contd.) Law Reform (Assessment of Laws) (a) evaluation of a law or provision of law; (b) defining objectives of the assessment; (c) identifying roles of implementing agencies and relevant stakeholders; (d) collection of necessary information; and (e) determination of time-frame and schedule for assessment of laws. Scope assessment laws for of

10.-(1) The Commission shall, in defining the scope of assessment of laws, consider whether it is necessary to assess- (a) the entire law; (b) the provision of the law; or (c) the branch of laws. (2) The Commission may, prior to deciding on the scope for assessment of laws, consider- (a) priorities and strategic objectives of the Government; (b) the nature and complexity of the law or a provision of law; (c) cost of examination; (d) legal, political, economic and social effects; (e) innovative nature of the law; and (f) emergence of new risks and threats as a result of assessment of laws. Implementation phase

11. During and after the assessment of laws, the Commission shall: (a) consult stakeholders; (b) review the efficacy of implementation of principal and subsidiary legislation; and (c) scrutinize findings and prepare a report. of Process consulting stakeholders

12.-(1) The Commission shall, during the process of consulting stakeholders, develop- (a) communication strategy for consultation; and (b) clear and concise consultation documents to include necessary information that 6 GN. NO. 670 (Contd.) Law Reform (Assessment of Laws) facilitate the assessment of laws. (2) The Commission shall, in the assessment of laws, ensure that stakeholders are provided opportunity to express opinion. (3) It shall be a duty of the Commission to acknowledge the written response of stakeholders and implementing agencies. Issues to address in assessment of laws

13. In conducting assessment of laws, the Commission shall address the following issues: (b) extent to which (a) achievement of the objectives of the law in terms of quality, quantity and time measured against the baselines of what would have happened without intervention of the law; law has achieved the objectives or induced activity that would otherwise have occurred; (c) influence of external factors; (d) unexpected side effects; (e) inputs made by the private sector; Government and (f) effective utilization of the allocated resources; (g) legal and policy compliance; (h) expected improvements of the law upon implementation; and (i) the effect of court decisions on a particular law or a provision of law. Assessment of subsidiary legislation

14. The Commission shall assess a subsidiary the subsidiary to determine whether legislation legislation- (a) is not authorized by the terms of the enabling law or has not complied with any condition set forth in the enabling law; (b) purports to have retroactive or retrospective effect without express authority provided in the enabling law; (c) imposes fine, imprisonment or other penalty without express authority provided in the 7 GN. NO. 670 (Contd.) Law Reform (Assessment of Laws) enabling law; (d) appears for any reason to infringe the Constitution or rule of law; (e) makes rights and liberties of person unduly dependent on administrative discretion or is inconsistent with rules of natural justice; (f) makes unusual or unexpected use of powers (g) amounts conferred by the enabling law; substantive exercise of legislative power which is the subject of direct parliamentary enactment; or to (h) tends directly or jurisdiction of authority in the enabling law. indirectly to oust court without express Analysis of findings in the assessment of laws Report on assessment of laws

15.-(1) The Commission shall, prior to arriving the its assessment, analyze at a conclusion of information shared. (2) The Commission shall use gathered information and findings to arrive at a conclusion and recommendations on the assessment.

16.-(1) The Secretary shall, upon arriving at a conclusion and making recommendations, prepare a report which shall provide an accurate summary of the findings and recommendations on the assessment of laws. (2) The Secretary may, where he deems fit, consider documents to be annexed to the report, and the documents shall form part of the report. (3) The report on assessment of laws shall, unless report or prevailing circumstances demand, contain such information and be in such format as prescribed in the Schedule to these Regulations. the context of the Deliberation and approval of report

17.-(1) A report on assessment of laws shall be of the presented before a professional meeting Commission which shall deliberate on: (a) the draft report on assessment of laws; 8 GN. NO. 670 (Contd.) Law Reform (Assessment of Laws) (b) any other documents or matters which relate to the subject matter of the assessment of laws; and (c) authorization of submission of the report and any other documents or matters to the Commission meeting. (2) The Commission meeting shall deliberate and approve- (a) the draft report on assessment of laws; (b) the final report on assessment of laws; (c) any other documents or matters which relate to the subject matter of the assessment of laws; and (d) authorize submission of the final report and any other documents or matters to the Minister. Resourceful purposes of report

18. An approved report on assessment of laws shall, among other things, be resourceful for the provision of information to policy and law makers on the usefulness of a law or provision of the law. 9 GN. NO. 670 (Contd.) Law Reform (Assessment of Laws) ________ SCHEDULE _________ (Made under regulation 16(3)) REPORT FORMAT AND WRITING STYLE

1. Report Format (a) Title Page The title page shall bear the following features: (i) (ii) (iii) (iv) the name of the Commission; the national emblem; the title of the project; and date of submission. (b) Transmittal Letter The Report shall include a submission letter addressed to the Minister responsible for legal affairs. The letter shall include: (i) (ii) (iii) (iv) (v) name and address of the Minister; date of submission; brief background to the research or review; statement of submission; and signature of the Chairman or Executive Secretary. (c) Staff of the Commission This part shall provide for: (i) (ii) name and photographs of Commissioners; names and titles of the Executive Secretary, Deputy Secretaries and State Attorneys; and (iii) names and titles of persons co-opted from outside the Commission. (d) Acknowledgements The Report shall acknowledge facilitations, help or assistance from various stakeholders such as government institutions, non-government organizations and experts. (e) Executive Summary or Abstract The Report shall provide in brief, the most important points of the Report. These shall include: (i) (ii) (iii) (iv) (v) objectives or reasons for the assessment of laws; statement of the problem; summary of the main findings; conclusions; and recommendations. (f) Table of Contents The Report shall have a table of contents which shall include: (i) (ii) (iii) All the sections and sub-sections of the Report with page references; List of tables, diagrams or illustrations and appendices; and List of legislation and policies. 10 GN. NO. 670 (Contd.) Law Reform (Assessment of Laws) (g) Chapter One - Introduction This Chapter shall contain the following features: an Introduction to the Commission and its mandate; background to the research or review; terms of reference; background to the assessment of laws; objectives or rationale of the assessment of laws; scope and limitations; and (i) (ii) (iii) (iv) (v) (vi) (vii) methodology. (h) Chapter Two - Analysis of Policy and Legal Framework This Chapter shall provide the following: (i) (ii) (iii) (iv) analysis of the policy and legal framework governing the research on assessment of laws; strengths and gaps in the governing policy and legal framework; proposal for measures to address the established gaps as hypothesis in the course of assessment of laws; and conclusion on the general observation on the analysis of policy and legal framework. (i) Chapter Three - Stakeholders Views and Analysis This Chapter shall contain analysis and interpretation of findings obtained during the field research. These findings shall be divided into headings and sub-headings based on the subject matter of the research. Each issue shall be divided into: (i) stakeholders’ views on each issues raised or considered during the assessment of laws; (ii) (iii) (iv) stakeholders’ recommendations on each of the issues considered; commission observation on stakeholders views and recommendations on each of the issues; and commission recommendation(s) on each of the issues and recommendations. (j) Chapter Four - Conclusion and Recommendations This chapter shall contain the following features: (i) (ii) (iii) restatement of the main problem that was the subject of the assessment of laws; a summary the main issues related to the problem and findings or conclusion of the assessment of laws; and recommendations which shall be provided on each and every issue raised and considered during the assessment of laws. These recommendations may be divided into the following categories: (a) legal recommendations, and (b) non-legal recommendations. (k) Appendices The Report shall include appendices containing extra information which is too long to be included in the main text of the Report. These may be tables, figures and questionnaires. (l) References in the Main Text Footnotes shall be preferred in the main text. (m) Bibliography The Report shall include bibliography containing books, articles and journals, which were read or used during the assessment of laws. 11 Law Reform (Assessment of Laws) GN. NO. 670 (Contd.) (n) Glossary The Report includes a glossary containing technical or jargon words which readers might not easily understand. (o) Referencing (a) Journal article in Print Adam, P. & Doris, P., “The Influence of Planning on Performance in Task-Based Learning,” Studies in Second Language Acquisition, Vol. 3, No. 18, 2016, pp. 299-324. Gardiner, L., “Comparative Law Reform,” American Bar Association Journal, Vol. 52, No. 11, 1966, pp. 1021-1025. (b) Article from e-Journal: Foster, P. & Skehan, P., “The influence of planning on performance in task-based learning” Studies in Second Language Acquisition, Vol. 3, No. 18, 1996, pp. 299-324. Retrieved from www.lrct.go.tz on 25th June, 2019. Gower, L. C. B., “Reflections on Law Reform,” The University of Toronto Law Journal, Vol. 23, No. 3, 1973, pp. 257-269. Retrieved from https://www.jstor.org/stable/825060, on 3rd April 2020. (c) Book with Author: Mambi, A.J., (2014), ICT Law Book: A Sourcebook for Information & Communication Technology and Cyber Law, 2nd edn, Mkuki na Nyota, Dar es Salaam. Mkapa, B.W. (2019), My Life, My Purpose: A Tanzanian President Remembers, Mkuki na Nyota, Dar es Salaam. (d) Electronic Book (e-Book) Nyerere, J.K., (1968), Ujamaa: Essays on Socialism, Oxford University Press, Dar es Salaam. Retrieved from https://b-ok.cc/book/1221258/594f0c on 4th April 2020. Ellis, R., (2003), Task-based Language Learning and Teaching, 4th edn, Oxford University Press, Oxford. Retrieved from www.lrct.go.tz on 25th June, 2019. (e) Book with a Corporate Author: Law Reform Commission, (2019), Law and Justice, Dodoma Publishing House, Dodoma. Afro-Shirazi Party, (1973), Afro-Shirazi Party: A Liberation Movement, Vol.2, Printing Press Corporation, Zanzibar. (f) A Book with Editions Wheare, K.C., (1966), Modern Constitutions, 2nd edn, Oxford University Press, Oxford. Shillington, K., (1995), History of Africa, Rev. edn, St. Martin's Press, New York. (g) Book with Multiple Volumes Oppenheim, L., (1905), International Law: A Treatise, Vol.1, Longmans, Green & Co., London. Ackermann, M.E., et al., (2008), Encyclopedia of World History: The First Global Age, Vol. III, Facts on File, Inc., New York. (h) Book with Multiple Volumes and Editions Darity, W. A. Jr (ed.), (2008), International Encyclopedia of the Social Sciences: Cohabitation– Ethics in Experimentation, Vol.2, 2nd edn, Macmillan, Detroit. 12 GN. NO. 670 (Contd.) Law Reform (Assessment of Laws) Goodin, R.E. et al., (2007), A Companion to Contemporary Political Philosophy, Vol.1, 2nd edn, Blackwell Publishing, Oxford. (i) A Chapter in an Edited Volume: Long, M., “Focus on form: A Design Feature in Language Teaching Methodology,” in de Bot, et al. (eds.), (1991), Foreign Language Research in Cross-Cultural Perspective, John Benjamins, Amsterdam, pp. 39-52. Dourado, W., "The Consolidation of the Union: A Basic Re-Appraisal," in Peter, C.M., and Othman, H. (eds.), (2006), Zanzibar and the Union Question, Zanzibar Legal Services Centre, Zanzibar, pp. 73-108. (j) Conference Proceedings Publications Cates, K., “Teaching for a Better World: Global Issues and Language Education,” in Katchen, J. & Liung, Y. (eds.), (1998), The Proceedings of the Seventh International Symposium on English Teaching, Crane, Taiwan, pp. 35-46. (k) Conference Proceedings- Unpublished: Hussein, F., Review of Legal System in Tanzania, Paper presented to the Stakeholders Validation Workshop, at Dodoma Hotel in Dodoma, 20th June, 2019. Dourado, W., “A Well-Trained Lawyer Can Operate under any Legal System,” A Paper Presented at the University College, Dar es Salaam, 11th October 1977. (l) Multiple Authors or Editors (more than two) Allen, P. et al., “Aspects of classroom treatment: Toward a More Comprehensive View of Second Language Education,” in Harley, B. et al. (eds.), (1990), The Development of Second Language Proficiency, Cambridge University Press, Cambridge, pp. 57-81. Shivji, I. G., et al., (2004), Constitutional and Legal System of Tanzania: A Civics Book, Mkuki na Nyota Publishers, Dar es Salaam. (m) Forthcoming Publications Ellis, R., Controversies in Grammar Teaching, TESOL Quarterly [Forthcoming]. (n) Dissertations and Theses Mohamed, J., (2019), Legal Practice in Tanzania, A Dissertation Submitted to the University of Dar es Salaam, for a degree of Master of Laws (LL.M.). Abdulkadir, A.H., (2010), Reforming and Retreating: British Policies on Transforming the Administration of Islamic Law and its Institutions in the Busa‘idi Sultanate 1890-1963, A Thesis Submitted to the University of Western Cape for the degree of Doctor of Laws (LL.D.). (o) Reports Colonial Office, (1960), Tanganyika: Report of the Year 1959, Her Majesty’s Stationery Office, London. The Report of the Constitutional Commissioner, Zanzibar, 1960 (Government Printer, Zanzibar). The Report of the Presidential Commission on One Party or Multi-Party System, 1992. 13 GN. NO. 670 (Contd.) Law Reform (Assessment of Laws) The Report of the Tanganyika Constitutional Conference, 1961. (p) Newspaper Article in Print: Committee of Experts, “Progress on the Constitution Review Process at October 2009,” in the Daily Nation, Monday, 26 October 2009, pp.2-6. Marwa, M., “Justice in Courts,” Daily News, Tuesday, 20th March, 2019, p. 24. (q) Newspaper Article Without Author Name Special Reporter, “Zanzibar Talks,” in Reporter: East Africa’s Newsmagazine, 28 April 1962. Justice in Courts, 20th June, 2019, Nipashe, p. 13 (r) Newspaper, Article available online Mwita Marwa, “Justice in Courts,” Daily News, 20th March, 2019, p. 24. Retrieved from www.dailynews.or.tz on 2nd July, 2019. (s) Citation if you have Read about a Source in Another one Zahbi (as cited in Ghaznavi, 2003, p. 5) (t) Personal Communications S. Richard (interview, February 20, 2013)

2. Typing The Report shall be typed in the following format (i) Century Gothic Font (ii) 12 Font size (iii) Double spaced (iv) margins of at least one inch on the left - 25mm - and no less than ¾ inch - 20mm elsewhere. Dodoma, PALAMAGAMBA J.A.M. KABUDI 2nd September, 2021 Minister for Constitutional and Legal Affairs 14