| Abstract: | Tanzania introduced a Bill of Rights in its Constitution in 1984, but it was suspended until 1 March, 1988, in order to allow the government to amend or repeal existing laws 'so as to avoid conflicts with the provisions of the basic rights'. With the exception, however, of the amendment of the Preventive Detention Act, 1962, no such exercise has been carried out. As a result, all the pieces of legislation that flagrantly offend the Bill of Rights have been left intact in the Statute Books of Tanzania up to this day. The task of cleansing the Statute Books from all the laws that are contrary to the Bill of Rights has fallen on the courts of law, particularly the High Court and the Court of Appeal. A recent judgement of the High Court of Tanzania, delivered by Justice J.L. Mwalusanya, stands out as an example of the creative application of the principle of the Rule of Law as a standard measure in determining the constitutional acceptability of pieces of legislation. The case concerned the application of Haya customary law of inheritance, which discriminates against women on the basis of sex. Notes, ref., sum. (p. 243-244). |
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