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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Recent developments in the tort of defamation in Tanzania and their reflection of Tanzanian socialism
Author:Goulbourne, S.
Periodical:Eastern Africa Law Review
Geographic term:Tanzania
Abstract:Two decisions on defamation in Tanzania-Valentine M. Eyakuze v. Editor of the Sunday News and Two others (1974) LRT. 49, and Heri Idd Ngungu v. Editor of Uhuru/Mzalendo R.M. Civil Case No.33 (unreported) - reflect the judiciary's increasing consciousness of its role in the context of Tanzanian socialism. In this analysis of the cases the ain is to show that despite the ideologial commitment of the judiciary to the goals of the Party - TANU - the decisions merely emphasize the contradictions inherent in the law and the legal system in Tanzania. Both cases reflect two contradictions inherent in the law and legal institutions in Tanzania. Firstly the role of a 'neutral' judge in a socialist context, and secondly the problem of applying legal principles developed in a capitalist context in a 'socialist way'.