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4 Afr. J. Int'l & Comp. L. 131 (1992)
Five Years of the Bill of Rights in Tanzania: Drawing a Balance-Sheet

handle is hein.journals/afjincol4 and id is 143 raw text is: FIVE YEARS OF THE BILL OF RIGHTS IN TANZANIA: DRAWING A BALANCE-SHEET t CHRIS MAINA PETER* The incorporation of a Bill of Rights into Tanzania's Constitution since 1985 has stimulated a tide of judicial activism that already promises brighter moments in the future. Lugakingira, J.1 I. INTRODUCTION The Bill of Rights was incorporated into the Constitution of the United Republic of Tanzania of 1977 in 1984 following the Fifth Amendment of the Constitution2. These changes came into operation in March 1985.3 The inclusion of the Bill of Rights into the Constitution was basically against the will of the State. The National Executive Committee (NEC)of the ruling Party Chama Cha Mapinduzi (CCM)had already prepared a package of amendments to the Constitution. The Package was tight and specific. The people were therefore confronted with afait accompli without having been given *Senior Lecturer in Law, Faculty of Law, University of Dar es Salaam, Tanzania; Advocate of the High Court of Tanzania. tA paper presented at the Conference on Constitutionalism and Human Rights Law in Africa, organised by the African Society of International and Comparative Law and held between 2nd - 5th April, 1991 in Arusha, Tanzania. The author would like to thank Dr. Nicholas Nditi, Senior Lecturer in Law, Faculty of Law, University of Dar es Salaam, for meticulously going through the paper in draft form, making corrections and suggesting a variety of changes both of form and content. 'See Lugakingira, K.S.K., Personal Liberty and Judicial Attitude : The Tanzanian Case, Vol.17, No.1, Eastern African Law Review, 1990, p.107 (forthcoming). 2See Fifth Amendment of the State Constitution of 1984 (Act No. 15 of 1984). 3The exception was the justiciability of the provisions of the basic rights in the courts of law which was suspended for a period of three years as per the Constitution (Consequential, Transitional and Temporary Provisions) Act, 1984 (Act No.16 of 1984). 4 RADIC (1992)

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