THE ENFORCEMENT OF ENVIRONMENTAL LAWS ON WASTE

DISPOSITION AND

IT’S IMPLEMENTATION IN TANZANIA: CASE STUDY OF MOSHI

MUNICIPAL.

BY

ALLY HALID MFINANGA

MOCU/LL. B/772/19

A Research Report to be submitted in the Department of Law as a Partial

Fulfillment of the Requirement for the Award of Bachelor of Laws (LL. B) at
Moshi Cooperative University.

Moshi

2022
 i

DECLARATION AND COPYRIGHT

I, Ally Halid Mfinanga, do declare that this research Report is my own original work
and that it has not been presented and will not be presented to any other higher learning
Institution for similar or any other academic award.

Signature___________________________Date__________________________

This research Report is copyright material protected under the Berne Convention, the
Copyright and Neighboring Rights Act of 1999 and other International and National
enactments, in that behalf, on intellectual property. It may not be reproduced by any
means, in full or in part, except for short extracts in fair dealing, for research or private
study, critical scholarly review or discourse with an acknowledgement, without the
written permission of the Moshi Co-operative University, on behalf of both the author.
 ii

CERTIFICATION
The undersigned certifies that he has read and hereby recommends for acceptance by
Moshi Co-operative University a research proposal entitled “The Enforcement of
Environmental Laws on Waste Disposition And It’s Implementation in Tanzania:
Case Study of Moshi Municipal.” in partial fulfillment of the requirements for the
award of Award of Degree of Bachelor of laws (LLB) of Moshi Cooperative University.

PROF. MSANGA

(Supervisor’s name)

___________________________________

(Supervisor’s signature)

Date________________________________
 iii

LIST OF STATUTES
The Environmental Management Act, Act, No. 20 of 2004

The Environmental Management Act, (Regulation) Chapter 19 of 2019.

LIST OF CASES

Balegele v Dar es Salaam City Council Misc. Civil Case No. 90 of 1991,

.
 iv

TABLE OF CONTENTS
DECLARATION AND COPYRIGHT...........................................................................i
CERTIFICATION...........................................................................................................ii
LIST OF STATUTES.....................................................................................................iii
1.0 BACKGROUND OF THE PROBLEM...................................................................1
1.2 Statement of the problem.............................................................................................2
1.3 Objective of the study..................................................................................................3
1.3.1 Main objective..........................................................................................................3
1.3.2 Specific objectives of the study................................................................................3
1.4 Research Questions......................................................................................................3
1.5 Significance of the Study.............................................................................................3
1.6 LITERATURE REVIEW.........................................................................................4
1.7 RESEARCH METHODOLOGY.............................................................................5
1.7.1 Research Design........................................................................................................5
1.7.2 Area of Study............................................................................................................6
1.7.3 Sample and Sampling strategy..................................................................................6
1.7.3.1 Sample size............................................................................................................6
1.7.3.2 Sample Unit...........................................................................................................6
1.7.3. 3 Sample and sampling procedure...........................................................................6
1.7.4 Type and source of data............................................................................................7
1.7.4.1 Primary data...........................................................................................................7
1.7.4.2 Secondary data.......................................................................................................7
1.7.5. Data collection Method............................................................................................7
1.7.5.1 Interview................................................................................................................7
1.7.5.2 Questionnaire.........................................................................................................7
1.7.8 Data analysis.............................................................................................................8
REFERENCE...................................................................................................................9
1
 2

LIST OF ABRIVIATIONS.

NEAP National Environmental Action Plan.

NCSSD National Conservation Strategy for Sustainable Development.

CHAPTER ONE
 3

INTRODUCTION AND BACKGROUND TO THE PROBLEM

1.0 BACKGROUND OF THE PROBLEM

Over the past few decades, environmental protection has emerged from a point of
obscurity to one of the important issues of our time. Both at the international and
national level, the main dominant theme on the environmental protection movement is
the achievement of sustainable development. This is the theme that underlies the Rio
Declaration on Development of the Environment, The Tanzania National Environmental
Action Plan (NEAP) and the Tanzania National Conservation Strategy for Sustainable
Development (NCSSD). The contemporary international norm which underpins
environmental law generally is undoubtedly the notion of sustainable development. The
pioneering World Commission on Environment and Development (the Brundtland
Commission) describes sustainable development as, ‘the development that meets the
needs of the present without compromising the ability of future generations to meet their
own needs’. According to the National Environmental Action Plan (NEAP), the key
policy instruments and strategies for achieving sustainable development are
environmental impact assessment, environmental legislation, economic instruments,
environmental indicators and standards, and public participation.

According to the Constitution of the United Republic of Tanzania which was amended
in 1984 provide for the Bill of Rights. Article 14 of the Bill of Rights stipulates that
“Every person has a right to life and to the protection of life by society”. The High Court
in a landmark ruling in the case of Balegele v Dar es Salaam City Council interpreted
this article to mean that persons are entitled to a healthy environment, and held that the
City’s decision to locate the garbage dump near residential areas violated plaintiffs’
constitutional rights to a healthy environment. The management of the activities that
affect environment in Tanzania has been undertaken on the basis of the provision of the
laws and regulations. Almost the whole scope of environmental law is statutory based.
Few cases (as shown above) have been decided on the basis of these laws.

In Tanzania the main sources of environmental law are the common law and the
statutory law in the form of principal legislation, subsidiary legislation and international
 4

law and The Constitution of the United Republic of Tanzania of 1977 (as revised time to
time). Some of this law provides for the better ways of disposing waste. The purpose of
these laws is to have best ways of disposing waste in the environment making on
consideration on the environmentally friendly ways of waste disposition.

So, the Government established the environmental laws so as to reduce poor waste
disposition in the environment and disposing waste without environmental pollution.
Despite the efforts made by the Government to establish poor waste disposition still
there is some societies that have no proper ways of waste disposition this may be
because of poor leadership or non-adherence to the provisions of the laws, this leads to
environmental pollution and even threatening the lives of the citizens living of those
areas.

1.2 Statement of the problem

The problem of poor waste disposition in the environment led the Government
established the environmental laws enacted by the parliament, as Environment being
one of the most valuable and important things to human beings has made Tanzania legal
system (The Parliament) to enact Laws and even provide for the Environmental policies
dealing with the environmental matters like The Environmental Management Act, Act,
No. 20 of 2004 and even Tanzania, National Environmental Policy, 1997, But also
having a Specific provision under the Constitution on the Environmental matters Article
14 of the Bill of Rights. The High Court in this landmark ruling in the case of Festo
Balegele v Dar es Salaam City Council 1 came with the interpretation that the Article
mean that people are entitled to a healthy environment.

Despite the aforesaid existing laws and Policies still there are many places around
Moshi Municipal that environmental pollution takes place in a high rate especially on
the waste disposition processes. Currently under the Municipal there are some areas that
still citizens dump their domestic wastes along the roads and around the bushes and
sometimes even there are some liquid waste coming from the sealed sewage systems all
this leading to environmental pollution.

1
Misc. Civil Case No. 90 of 1991, High Court of Tanzania, Dar es Salaam
 5

Moreover, the Bodies responsible are present within the Municipal but the problems still
exist and in some places the habit of poor waste disposition tend to grow day by day.
Despite the existence of the Municipal environmental Cleaning Lories passing by the
residents but still the problem of poor waste disposition exists which leads to, Bad
smells in the Environment, lead to diseases to the citizens leaving around those affected
areas but also during the main season this poor waste disposition leads some of the
infrastructures like terrace to seal and fail to perform its function hence leading water
and the dumped waste materials to be scattered along the roads making the environment
less conducive.

1.3 Objective of the study.

1.3.1 Main objective

The purpose of the study is making analysis on the enforcement of environmental laws
on waste disposition and its implementation.

1.3.2 Specific objectives of the study.

i. To identify the establishment of the Environmental management schemes in
Moshi?
ii. To assess the stapes taken by the Local authorities responsible, on the poorly
waste disposition on Environmental management.
iii. To asses on wat to be done to reduce the rate and extent of poor waste
disposition on some parts of Moshi municipal.

1.4 Research Questions

i. Are there environmental management and conservation bodies within Moshi
municipal?
ii. What might be a reason for poor waste disposal?
iii. Do the Laws provide for the best ways of disposing waste? What are the
ways and ways for disposing waste established by the Local authorities?
 6

1.5 Significance of the Study

One among of the significance of this study is that a researcher expects to meet the
requirement of the completion of Bachelor of Laws at Moshi Co-operative University.
Secondly, The Government may use the findings from the research to make a policy for
more reforms in Environmental law to meeting emerging challenges. Thirdly the Local
Environmental authorities will benefit for solving the problems related to poor waste
disposition. Fourthly the public in general will benefit from the knowledge on
Environmental laws Finally, the prospective researcher will use the findings of this
study and make contribution on the body of knowledge, literature review in terms of
empirical studies.

1.6 LITERATURE REVIEW

Under this study there are various literatures which tried to state on the environmental
issues and these are hereafter stipulated below;

Pallangyo D M.(2007)2 Under the Journal the author has written on the matters
concerning the Environmental matters but especially on the Environmental Laws and
institutions in Tanzania and within he has written on the National Environmental Policy,
Environmental Legislation, The National Environment Management Council Act, 1983,
The Environmental Management Act, 20 of 2004, and the Environmental Impact
Assessment But also he also wrote on the Policy instruments for environmental
protection were within he was able to state on, Strategic Environmental Assessment,
Use of Economic Instruments, Tax relief and subsidies, Polluter pays principle.

INTERACT-Bio (2018)3The article states on the lessons for waste collection, service
delivery and revenue generation and developing an appropriate environmental and
cleanliness by-law. The purpose of the Moshi Municipal case study was showcasing the
system which underlies the extraordinary success this Municipality has had with waste
management. With their intention to the document on the learning is to be shared as an

2
‘Environmental Law in Tanzania; How Far Have We Gone?’, 3/1 Law, Environment and Development
Journal (2007), p. 26, available at http://www.lead-journal.org/content/07026.pdf
3
INTERACT-Bio (2018), Environmental Cleanliness in Moshi, Tanzania
 7

example of ‘good practice’ with other cities and municipalities for their consideration
and to apply elements that are relevant in their own contexts.

Mr. E. S. Massawe (2012)4 The author under this paper states much on the Rationale
for Constitutional Environmental Protection, Justification of Inclusion of Environmental
Rights, Protection and Management of the Environment in the Constitution in Tanzania,
Interpretation of Constitutional Provisions to Protect the Environment, Environmental
Rights, Principles and Jurisprudence in Tanzania, Lessons from the Constitutions of
selected Countries. But he did not make a comment on the proper waste disposition
measures which can help in environmental maintenance and the formation of new laws
on the Environmental laws.

SOLOMON A.O (2011)5 On this thesis the researcher had much focused on the role of
households in solid waste management in East Africa capital cities. On the theses the
author based on, The overview of solid waste management in Dar es Salaam city, She
provided the knowledge on understanding and improving household-waste management
in East African capital cities, Household solid waste characteristics, Household waste
handling, Households as service recipients in solid waste management chain,
Households and domestic waste management in comparative perspective: some findings
from Kenya/Nairobi and Uganda/Kampala, then she provided for the Conclusion. But he
did not make a comment on the proper waste disposition measures which can help in
environmental maintenance.

Jane Holder and Marie Lee6 believed that environmental legislation is and will remain
an important pillar of the community ‘s approach to achieving its environmental
objectives, and one of the most important strategic priorities for the coming generations
is to tackle the significant implementation failures we face in a number of areas on
solving environmental problems. They both added that it is a mistake to think that
keeping the law in place is the end of environmental conservation process, or the
4
Mr. E. S. Massawe (2012) Environmental Rights, Protection and Management in Tanzania, Justification
for their Inclusion in the Would-Be New Constitution, Paper
5
SOLOMON A.O (2011), The role of households in solid waste management in East Africa capital cities,
Thesis.
6
Jane Holder and Marie Lee, Environmental Protection, Law and Policy, (Text and Materials) 2nd Edition
Cambridge University Press p 198
 8

solution to the problems, hence it is just the starting point. Critically when we look at the
persuasion and negotiation that goes on in regulation, the language of command and
control begins to look ironic.

Ian Mann (2009)7 Ian believed that environmental problems, such as pollution cannot
be addressed by individual countries in isolation, they have to collaborate. Therefore, to
him international organizations, and international law, provide an effective mechanism
for developing joint approaches that deal with the national and regional elements of an
environmental problem at the same time. This literature shows how the author accept
cooperation between countries in getting rid of environmental problems that he
acknowledges important of international law and also international organizations. On
the other side this literature left a loop hole as the author only ending saying that
international law and international organizations provide an effective mechanism for
developing joint approaches that deal with the national and regional of an element of
environmental problems. The author failed to show how international laws and
international community ‘s ensures enforcement and implementation of environmental
laws in individual countries in solving various environmental problems.

Orlando E. Delogu and Hermann Soell (1976)8 believed that the day to day growing
range of environmental problems are acute and must be dealt with by governments if the
aim is the society being preserved. The role of the government is always seen in the
context of the local regulation in the establishing of administrative mechanism to
enforce the implementation, allocate, and suggest further limitations all designed to
decrease the magnitude of the environmental problem to a conducive level. This
literature is of grate importance to the study as it prevails the need of governments to put
much pressure in the environmental problems to preserve the society by establish
environmental administrative mechanisms to enforce the laws.

7
Ian Mann, (2009), A Comparative Study of The Polluter Pays Principle and its International Normative
Effect On Pollutive Processes, British Virgin Islands p.21
8
Orlando E. Et al, (1976) Fiscal Measures for Environmental Protection Two Divergent Views: Tax Policy
and Environmental Objective, IUCN Environmental policy and law paper, no11, pp. 8-13, Morges
Switzerland
 9

O’ Connell, Marry Ellen9 had believed that enforcement is what follows when
regulated bodies fail with the compliance with environmental law, added also that
enforcement requires resources. Professor Connell went on further and state that,
international environmental law is generally highly obeyed and on the side of its
enforcement is much based primarily on compliance, not on the enforcement. On the
enforcement of international law is not done by or through enforcement institutions.
Hence, the acts of enforcement are less visible at the international level than in domestic
level or country level.

1.7 RESEARCH METHODOLOGY

The researcher employs both doctrinal legal research and qualitative field research.
Doctrinal legal research is a research which based much on legal doctrines through
analysis of legislature provisions and case laws by the application of inductive and
deductive reasoning. It also gives emphasis on explaining of legal rules and principles or
doctrines. This type of research is concerned with the establishment of legal ‘doctrines’
through the analysis of legal rules. This methodology is very important in the scope of
the law study as it is not only making a comprehensive evaluation in the inadequacy of
the existing laws of the land but also promotes more complete efficiency and
responsibility of the conceptual bases of legal principles on the area of the study which
is the Environment.

Qualitative field research. This has helped the researcher to obtain the information
which could not otherwise be obtained by doctrinal legal research method. Qualitative
field research can also be defined as any activity aimed at collecting primary data using
methods such as face-to-face interviewing, telephone, postal survey and direct
observation.

1.7.1 Research Design

Research design is a plan to conduct research. It helps the researcher to predict (identify
in advance) the kind of data to be collected, the method of data collected, the method to
be used for data analysis and interpretation of data, and presentation of his findings with

9
O ‘Connell, op cit Pg 4
 10

more accuracy. The research design used is analytical research design because most of
data that will be collected will be analyzed.

1.7.2 Area of Study

The research will be conducted at Moshi Town because there are various areas around
Moshi Town which are affected by poor waste disposition within the District and also
Moshi Town there is By-Laws which were established in Moshi for the purpose of
Environmental Conservation.

1.7.3 Sample and Sampling strategy

1.7.3.1 Sample size

Sample size is the number of respondents who are selected to from the general
population and is considered a representative of the real population. The study employed
approximately the sample size of 15 respondents. The sample size involved One (1)
Environmental Officer in Moshi Municipal. Two (2) Local Government Leaders, Two
(2) Advocates with the knowledge of Environmental law of the High court and
subordinate court and Ten (10) Citizens and Residents of Moshi Municipal.

1.7.3.2 Sample Unit

The researcher will focus much on the Citizens and Residents of Moshi municipal,
Environmental Officers, Local Government Leaders and Advocates because they have
knowledge on wat is going on the Streets but also some of them have Legal knowledge
on the Environmental matters around Moshi Municipal.

1.7.3. 3 Sample and sampling procedure

The sample and sampling procedure which are going to be applied will be purposive
sampling technique10 and random sampling technique11. Moreover, specifically random
and purposive sampling techniques will be used as follows; The Environmental Officer

10
C.R. Kothari (2004), RESEARCH METHODOLOGY, Methods & Techniques. (2nd RE), NEW AGE
INTERNATIONAL (P) LIMITED, PUBLISHERS 4835/24, Ansari Road, Daryaganj, New Delhi - 110002
11
Ibid.
 11

in Moshi Municipal, purposely because he is the one responsible to maintain

Environmental matters in Moshi Municipal. Similarly, random sampling will be
employed to the Advocates so as to allow equal chance to participate in the study but
also, they have a wide knowledge on the Environmental Laws matters because they have
experience. Similarly, random sampling will be employed to the Residents of Moshi
Municipal because they are the affected class within the society on the poor waste
disposition.

1.7.4 Type and source of data

The data expected to be used are primary data and secondary data. The said data will be
collected as follows;

1.7.4.1 Primary data

According to The Law of Evidence Act 12, it provides for primary evidence under
Section 64(1) to mean “the document itself produced for the inspection of the Court”.
Which means an original document itself. On the cause of conducting the research the
researcher will focus much on the primary data as a substitute of primary evidence and
these primary data are the data which will be collected during field research process by
the researcher being original data from the intended sample size. The main purpose for
collecting primary data from the field research is to obtain useful information which will
give answers to the research problem.

1.7.4.2 Secondary data

According to The Law of Evidence Act 13, it provides for Secondary evidence under
Section 65 (a)(b)(c)(d)(e) to mean certified copies in accordance with the provisions of
the evidence act, copies made from the original by mechanical process, copies made
from or compared with the original, counterparts of documents as against the parties
who did not execute them, and oral accounts of the contents of a document given by
some person who has himself seen it. On the cause of conducting the research the
researcher will use secondary data to obtain more additional information which will

12
[CHAPTER 6 REVISED EDITION 2019]
13
ibid
 12

assist to answer the research problem with the collaboration of primary data. Secondary
data will include books, journals and article.

1.7.5. Data collection Method

1.7.5.1 Interview
The structured interview schedule will be used to gather information from respondents
during interviews. The structured interview schedule will be based on the point of
enforcement and implementation of the environmental law in Moshi. The targeted
people will be professional in the field. This instrument is important since it facilitates
collection of data located in someone‘s mind.

1.7.5.2 Questionnaire
The researcher will use questionnaire as a source to collect data from different
Respondents. This method involved the distribution of questionnaires through various
means to respondents. Questionnaires will be distributed to some of sample unit
mentioned. This method will be expected to provide relevant information since
respondents would have enough time to read and respond to the questions; also, it less
time consuming.

1.7.8 Data analysis

The collected data will be examined in detail before analysis them. This will be
important to the researcher to determine whether the collected data supports both the
formulated hypothesis and the objective of the study. The researcher will use only
qualitative data analysis in analyzing the collected data. Qualitative data analysis will
involve factual and logical interpretation, comparison and explanation of study findings.
 13

CHAPTER TWO

REGULATORY AND SUPERVISORY LEGAL FRAMEWORK ON THE

ENFORCEMENT OF ENVIRONMENTAL LAWS ON WASTE DISPOSITION
AND IT’S IMPLEMENTATION.

2.0 Introduction

This Chapter tend to present a general over view on the regulatory and supervisory legal
framework on the enforcement of environmental laws on waste disposition and its
 14

implementation in Tanzania. This Chapter of the study discusses on the mechanisms of

laws relating to waste disposition and its implementation. And Applicable Laws on the
Environmental matters.

2.1 The Constitution of The United Republic of Tanzania of 1977 (as revised time
to time)

On 1984 The Constitution of the United Republic of Tanzania was amended to include
for the Bill of Rights.14 Under Article 14 of the Bill of Rights states that every person
has a right to life and to the protection of life by society. The High Court in a landmark
ruling in the case of Festo Balegele v Dar es Salaam City Council 15 interpreted this
article to mean that persons are entitled to a healthy environment, and held that the
City’s decision to locate the garbage dump near residential areas violated plaintiffs’
constitutional rights to a healthy environment.

2.2 The Environmental Management Act, Chapter 20 of 2004.

The Environmental Management Act was passed by the National Assembly in 2004, and
in the beginning of 2005 the President assented to the Act. The Act repealed and
replaced the National Environment Management Council Act, 198316

This Act is a framework Act that it is the principle legislation governing the
environmental aspects in Tanzania mainland. The Act includes provisions for; an outline
for the general principle for management,17 administration and institutional
arrangement18, environmental planning,19 legal and institutional framework for
sustainable management of environment;20 impact and risk assessments,21 strategic

14
R.M. Bierwagen and C.M. Peter, ‘Tanzania: Political and Constitutional Evolution and Analysis of the
Constitution’, in F. Reyntjens ed., Constitutiones Africae 1, 20 (Brussels: Bruylant, Vol. 4, 1992)
15
Misc. Civil Case No. 90 of 1991, High Court of Tanzania, Dar es Salaam
16
Environmental Law in Tanzania; How Far Have We Gone?’, 3/1 Law, Environment and Development
Journal (2007), p. 26, available at http://www.lead-journal.org/content/07026.pdf

17
The Environmental Management Act, Chapter 20 of 2004 Part II
18
Ibid Part III
19
Ibid Part IV
20
. Ibid Part V
21
Ibid Part VI
 15

environmental assessment,22 prevention and control of pollution,23 waste management,24

environmental quality standards,25.

Under Part IX of The Environmental Management Act, Chapter 20 of 2004 as the

Principle Legislation it provides for the waste management on the various categories of
waste including, Solid Waste Management, Liquid Waste Management, and the
Gaseous Waste Management, Hazardous Waste Management, but also it provided for
Litter Management which includes any refuse, rubbish, animal remains, glass, metal,
plastics, garbage, debris, dirt, filth, urine, rubble, ballasts, stones, earth, sewage, or
waste matter, or any other thing of a like nature; According to Section 120 26.

2.2.1 Solid Waste Management

On the Management of Solid waste, the Act has provided or given power to the Local
government authorities to ensure minimization of the solid waste in their respective
areas of jurisdiction, were by the Local government shall prescribe: for different types or
kinds of waste or refuse or garbage to be separated at the source; for standards to guide
the type, size, shape, color and other specifications for refuse containers used; and also
the Act has provided for the mechanisms to be put in place to involve the private sector
and Non-Governmental Organizations on planning, raising awareness among producers,
vendors, transporters, manufacturers and others on the need to have appropriate
containers and enhance separation of waste at source According to Section 114(1)(a)(b)
27
(c) But also the Act has provides that the local government authorities shall conduct
appropriate Environmental Impact Assessment for all new major activities leading to
proper management of solid waste source, According to Section 114(2)(a)28.Also the Act
has provided for the Solid waste collection were the Local government shall prescribe
different best ways possible for the collection of various classification of solid waste
shall on its own or with any commercial or private sector arrange ways to recover the
22
Ibid Part VII
23
Ibid Part VIII
24
Ibid Part IX
25
Ibid Part X
26
ibid
27
The Environmental Management Act, Chapter 20 of 2004
28
ibid
 16

cost incurred in collection of the solid waste ; and appropriate equipment, times and
routes for solid waste collection. According to Section 117(a)(b)29.

So, in accordance with the Act on the Solid waste Management For the purposes of
making decisions on suitability of any specific method of collection, treatment or
disposal of solid waste, the Act has given power to the Local government. But the Act
has provided only for some mechanisms like having appropriate containers for storing
solid waste, Separation of waste from source, Collection of the waste and having the
Waste transfer stations Section 18830. All this to be determined by the respective local
government in a specific jurisdiction.

2.2.2 Liquid Waste Management.

On the Liquid Waste Management, the Act has given the Local government mandate to
prescribe and issue guidelines on how liquid waste from domestic and commercial
premises is to be treated and finally disposed of both within the site and outside the
premises. But also, the Act provides for the minister to prescribe specific guidelines to
be followed by local government authorities or sewerage authorities in their disposal of
general or specific types of liquid wastes According to Section 123(1)(2).

So according to the law on the liquid waste management it did not provide for the ways
of managing liquid waste but it provides only for the Local government to find for the
best ways of, treating and disposing liquid waste from domestic and commercial within
or outside the site. Also, the local government authorities shall designate and ensure
compliance with designated disposal ponds, sewage treatment facilities and sewer
points, According to Section 12631.

2.2.3 Gaseous Waste Management.

The Environmental Management Act, Chapter 20 of 2004 on the management of

gaseous waste it provides for the local government to ensure that all habitable building,
have adequate openings to provide through or cross ventilation; provide adequate means

29
ibid
30
ibid
31
The Environmental Management Act, Chapter 20 of 2004
 17

of smoke escape in kitchen and other indoor places as may be appropriated: and do not
provide for cooking in dwelling houses or use of animal dung as fuel in confined
unventilated dwellings Section130 (a)(b)(c)32.

2.3 National Environmental Policy

The National Environmental Policy, 1997 provides a framework for making

fundamental differences that are required to bring environmental considerations into the
mainstream of decision-making in Tanzania. It also seeks to provide policy guidelines
and plans and gives guidance to the determination of priority actions, for monitoring and
regular review of policies, plans, and programmers. It further provides for sectoral and
cross-sectoral policy analysis thus exploiting synergies among sectors and interested
groups.

The overall objectives of the National Environmental Policy are, therefore, to ensure
sustainable and equitable use of resources without degrading the environment or risking
health or safety; to prevent and control degradation of land, water, vegetation, and air
which constitute the essential life support systems; to conserve and enhance natural and
man-made heritage, including the biological diversity of the unique ecosystems of
Tanzania; to improve the condition and productivity of degraded areas including rural
and urban settlements in order that all Tanzanians may live in safe, productive and
aesthetically pleasing surroundings; to raise public awareness; to promote individual and
community participation; and to promote international cooperation.

32
ibid
 18

CHAPTER THREE

DATA ANALYSIS AND PRESENTATION

3.0 Introduction

Under this chapter the researcher is presenting on the information and findings on the
enforcement of environmental laws on waste disposition and its implementation in
Moshi Municipal. The findings or data of this study are based on the data obtained in the
course of conducting the study through interview and questionnaire. In the course of
conducting the research, the researcher did consult Fifteen (15) respondents from
various places around Moshi Municipal for their input on the study, and their response
to the questions asked was as follows:
 19

3.1 Whether there are environmental management and conservation bodies within
Moshi municipal?

Beneditor Mtei, was one of the respondents of the question who is at the present time
the Environmental Officer in Moshi Municipal on her response she responded that [Yes]
to the question and stated further that among its function is to maintain the
environmental conservation.

Kulanga, was one of the respondent of the question who is at the present time the
Advocate under Moshi municipal council On the respond of the question the Advocate
responded [Yes] to the question and stated some of its function is to help the
implementations of the environmental management programs but also, he provided that
its function is on planning and organizing environmental schemes.

Desmond Mkumbo, Emilliana Moshi, Albert Siao, were among the respondents of the
question who are at the present time the Local Government Leaders On their respond to
the question they responded [Yes] to the question and on the some of its function they
respectively provided that, the 1st Leader responded its function is to conserve the
environment. The 2nd Leader responded that its function is to make follow-up on the
environmental conservation, and to make sure the collection of waste is practiced. The
3rd Leader responded that its function is to conserve the environment.

When the question was posed to the Citizens and Residents of Moshi municipal in
which Five (5) of them were Woman and Five (5) were Men. On the respond of the
question from the citizens Among them Eight (8) responded [Yes] while One (1)
responded [No] and One (1) did not respond to the question.

3.2 What might be a reason for poor waste disposal?

On the imposed question the researcher imposed some of the suggested reasons under
the question, the suggested reasons were as follows;

a) Lack of Environmental conservation Education.

b) Failure for environmental management and conservation bodies to perform its
duties.
 20

c) Failure of the implementation of The Environmental Laws and by- laws.

d) Any other reason.

Beneditor Mtei, was one of the respondents of the question who is at the present time
the Environmental Officer in Moshi Municipal on her response she responded that both
[A] and [C] to be the reason for poor waste disposal.

Kulanga, was one of the respondents of the question who is at the present time the
Advocate under Moshi municipal council On the respond of the question the Advocate
responded [A] being a reason for poor waste disposal.

Desmond Mkumbo, Emilliana Moshi, Albert Siao, were among the respondents of the
question who are at the present time the Local Government Leaders On their respond to
the question they responded respectively that 1st Leader responded [A] to be the reason
for poor waste disposition. The 2nd Leader responded [C] as the reason for poor waste
disposition. And the 3rd Leader responded [A] to the question as the reason for poor
waste disposition.

When the question was posed to the Citizens and Residents of Moshi municipal in
which Five (5) of them were Woman and Five (5) were Men. On the respond of the
question from the citizens Among them Five (5) responded [A] while Three (3)
responded [B] and also One (2) of the respondent responded [c], but also Five (5) of the
respondent responded [D] who were part of the respondent who responded on Answer
A, B, and C. Some of other reasons which were provided under part [D] were that some
of the citizens do not pay much serious on the environmental laws, some people fail to
respect the environmental organization that have been located at their areas but also the
citizens themselves fail to conserve their environments.

3.3 Do the Laws provide for the best ways of disposing waste? What are the ways
and ways for disposing waste established by the Local authorities?

Beneditor Mtei, was one of the respondents of the question who is at the present time
the Environmental Officer in Moshi Municipal on her response she responded [Yes] to
 21

the question and stated further that among the ways of waste of proper waste disposition
is being with domestic waste bins.

Kulanga, was one of the respondent of the question who is at the present time the
Advocate under Moshi municipal council On the respond of the question the Advocate
responded [Yes] to the question.

Desmond Mkumbo, Emilliana Moshi, Albert Siao, were among the respondents of the
question who are at the present time the Local Government Leaders On their respond to
the question they responded respectively that the 1 st Leader responded [NO] to the
question and on the other explanation on the question he responded that he has never
had of the Environmental laws and if it exists then it should be translated to the citizens.
The 2nd Leader responded [Yes] and on trying to mention the ways she said that among
the ways is to store the waste in the domestic waste bins and the municipal
environmental cleaning cars pass by their homes then they will take and go to dispose
them. And also, the other method she stated that being with domestic waste bins. And
the 3rd Leader responded the same as the first leader.

When the question was posed to the Citizens and Residents of Moshi municipal in
which Five (5) of them were Woman and Five (5) were Men. They responded that
among the total of 10 respondents two (2) of them among the respondents responded
[Yes] But Eight (8) respondents responded [No] to the question.

3.4 Conclusion

The study findings have been so helpful in understanding several on the enforcement of
environmental laws on waste disposition and its implementation in Moshi Municipal.
Also, as for the benefit of this part of the study the researcher has annexed list of the
interview questions used to collect data
 22

CHAPTER FOUR

SUMMARY, CONCLUSION AND RECOMMENDATIONS

4.0 Introduction

This chapter concludes the study by providing a summary of major findings, providing a
general conclusion and finally stating some recommendations. Before conducting this
research, a preliminary review of statutory laws informed by government practices had
revealed to the researcher that there was an ineffective and inadequate review on waste
disposition and its implementation.
 23

4.1 Summary of the Study

The study generally intended to provide answers concerning with the effectiveness of
environmental laws on waste disposition and its implementation especially in Moshi
Municipal. Specifically, study aimed at responding the following specific objectives;

i. To identify the establishment of the Environmental management schemes in

Moshi?
ii. To assess the stapes taken by the Local authorities responsible, on the poorly
waste disposition on Environmental management.
iii. To asses on wat to be done to reduce the rate and extent of poor waste
disposition on some parts of Moshi municipal.

4.2 Conclusion

The above findings suggest that, through the Moshi municipal is faced with several

notable shortcomings; the environmental management and conservation bodies within

Moshi municipal has not been without important achievements. Their establishment has

met with considerable importance in their performance, on the whole, seems to have

maintained clean and conducive environment in some respective communities hence the

body will continue to be useful to them.

Besides all shortcomings of the Municipal when entertaining environmental cleanliness,

still the environmental management and conservation bodies are very important in

Moshi Municipal especially at the grassroots level. If not for the environmental

management and conservation bodies most of people would suffer living on un

conducive Environments and also there would be a high spread of communicable

diseases like cholera.

4.3 Recommendations
 24

Having completed the research work, there are number of recommendations that may

improve the performance of environmental management and conservation bodies in

future such as

The Municipal to employ some mechanism of doing close follow-up to the Local

government Authority’s on the mechanisms they have taken on their respective areas on

the proper waste management. This is due to the fact that the Act Under Section 42(1) 33

it provides that Each local government authority shall, with respect to its respective area

prepare the Environmental Action Plans below the National Environmental Action Plan.

But also, in most circumstances the Local government authority are the main advocates

of the environmental matters in the local areas authority’s as the Act has given the

powers to the Local government authority’s on finding the best ways of waste

management in accordance with its jurisdiction. This is as provided under Section

114(1)(2)(3)34, 123(1)35, 130(a)(b)(c)36 Although the Act has also posed some obligation

to the minister responsible on maintaining proper waste disposition for the purpose of

ensuring the furtherance of the purposes and objectives of the Act.

Training and refreshers courses are other vital tools that can improve the performance of

the local government authority on waste management techniques. Many interviewed

members of the Local government leaders posed the task on environmental management

to the environmental officers only but also some leaders failed to provide answer on

some questions in the questioners, only environmental officers were able to do so.

33
The Environmental Management Act, Chapter 20 of 2004.
34
Ibid.
35
Ibid.
36
Ibid.
 25

Therefore, it will be just and conducive for the government to make sure that the

environmental management education is being provide to the Local leaders in general,

and the community in general and also to raise their consciousness on the existence of

the environmental laws of Tanzania.

To cure the problem of inadequate environmental management facilities, some citizens

of Moshi municipal were in a view that there should be adequate environmental

cleaning trucks to pick up the trash or waste from the municipal very often but not on

some specific days in a week.

There is a pertinent need for inclusion of specific provisions relating to environmental

rights, protection and management of the environment in the would-be new constitution.

This will safeguard against the possibility for the enactment of sector laws or amending

the existing ones in a manner that undermines the rights to access, protect and manage

the environment granted to citizens. This is in line with the principle that a constitution

of a country is the supreme law to which all other laws must conform37.

With the emergence of the move towards the integration of the East African States,

issues of access, protection and management of the environment in some States 38

dominated discussions. As a result, this has made some of the States in the region

entrench specific provisions in their constitution addressing the peoples’ right to protect

and manage the environment39.

37
Mr. E. S. Massawe (2012) Environmental Rights, Protection and Management in Tanzania, Justification
for their Inclusion in the Would-Be New Constitution, Paper.
38
This happened during Kenya’s Constitution making process and is being initiated in Tanzania.
39
SEE, Chapter five of the Constitution of the Republic of Kenya of 2010.
 26

Conclusion

The mandate and obligations to protect, conserve and manage the environment for the

current and future generations are very fundamental for the Tanzania’s people’s welfare,

social and economic development. This importance calls for the entrenchment of clear

provisions in the Constitution of the United Republic of Tanzania in order to provide a

strong foundation of enforcing them. This being the case, it is high time now Tanzanians

incorporate environmental rights, principles of environmental management and the

obligation to protect, conserve and manage the environment in the Constitution.

REFERENCE

CONSTITUTION.

The Constitution of the United Republic of Tanzania of 1977(As Amended Time to

Time)

POLICY.

 Tanzania, National Environmental Policy, 1997,

BOOKS, JOURNAL AND PAPERS.

 Environmental Law in Tanzania; How Far Have We Gone?’, 3/1 Law,

Environment and Development Journal (2007), p. 26, available at
http://www.lead-journal.org/content/07026.pdf

 INTERACT-Bio (2018), Environmental Cleanliness in Moshi, Tanzania

 27

 Mr. E. S. Massawe (2012) Environmental Rights, Protection and Management in

Tanzania, Justification for their Inclusion in the Would-Be New Constitution,
Paper

 SOLOMON A.O (2011), The role of households in solid waste management in

East Africa capital cities, Thesis.

 Jane Holder and Marie Lee, Environmental Protection, Law and Policy, (Text
and Materials) 2nd Edition Cambridge University Press p 198.

 Ian Mann, (2009), A Comparative Study of The Polluter Pays Principle and its
International Normative Effect on Pollutive Processes, British Virgin Islands
p.21.

 Orlando E. Et al, (1976) Fiscal Measures for Environmental Protection Two

Divergent Views: Tax Policy and Environmental Objective, IUCN
Environmental policy and law paper, no11, pp. 8-13, Morges Switzerland

APPENDICES 1

QUESTIONNAIRES

I, ALLY HALID MFINANGA, a student of Moshi Cooperative University, pursuing

Bachelor of Law. I am carrying this study for making analysis on The enforcement of
environmental laws on waste disposition and its implementation. I kindly ask you for
your cooperation to assist to come up with the best conclusions/suggested answers of the
problem. All information will be treated confidentiality

SECTION 1: Personal Information

Name………………………………………………………………………………………
.
 28

INSTRUCTION.

i. Please put a correct alphabet of the answer in bracket.

1. Age

a) 18 – 30

b) 31-45 ( )

c) Above 45

2. Gender

a) Male ( )

b) Female

3. What is your Level of Education?

a) Primary and Secondary

b) University Level ( )

c) Masters

d) No any Level of Education.

SECTION 2: Research Questions

INSTRUCTION.

Please put a tick or fill in the blank where necessary.

1) What is Environment?

……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
…………
 29

2) Do you know the Environmental Laws? If YES mention them.

YES { } NO { }

Mention.

a) …………….……………………………………………………………….

b) ……………………………………………………………………………..

c) ……………………………………………………………………………..

d) ……………………………………………………………………………..

3) What is Waste? And its types if any?

……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
…………

Types of Waste

a) ……………………………………………………………..

b) ……………………………………………………………..

c) ……………………………………………………………..

d) ……………………………………………………………..

e) ……………………………………………………………..

4) Are there environmental management and conservation bodies within Moshi

municipal? If YES what is there functions?

YES { } NO{ }

Functions.
 30

……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
…………………

5) What might be a reason for poor waste disposal?

a) Lack of Environmental conservation Education { }

b) Failure for environmental management and conservation bodies to perform

its duties { }

c) Failure of the implementation of Laws and by- laws. { }

d) Any other reason(s)

……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
………………………………………………………………………………..

6) What a the stapes taken by the Local authorities responsible, on the poorly waste
disposition on Environmental management?

……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………
 31

7) Do the Laws provide for the best ways of disposing waste? If Yes Mention them.

YES { } NO{ }

Mention them bellow.

……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
…………

8) What should be done to reduce the rate and extent of poor waste disposition on
some parts of Moshi municipal?

……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………
……………………………………………………………………………………………..