MINISTRY OF CONSTITUTION AND LEGAL AFFAIRS

THE LAW SCHOOL OF TANZANIA

36TH COHORT

NAME: GABRIELI BERNADINI LUCAS

REG NO. LST/ 2023/ 36/ 039

MODULE: LEGAL DRAFTING SKILLS AND TECHNIQUES

CODE: LS 103

FACILITATOR: MR. THABIT MLANGI

TYPE: INDIVIDUAL ASSIGNMENT

SUBMMISSION: 12TH MAY, 2023

QUESTION:

i. Advice in not more than three paragraphs whether the proposal from SHEST can
successfully carried out.

ii. Assume the proposed Act shall be successful, draft the Bill Draft under the proposed
name from scenario grounding on the Anatomy of a Bill and the Bill Drafting Stages
by Prof. Thornton.
 GBL LAW FIRM

TRA STREET

P.O. BOX 1249

DAR ES SALAAM.

SOCIETY FOR HIGHER EDUCATION STUDENTS IN TANZANIA

P.O.BOX 1111

DAR ES SALAAM.

Dear Sir/Madam

RE: LEGAL OPINION WITH REGARD TO PROPOSAL FOR ENACTMENT OF A

LEGISLATION.

FACTS

The society for Higher Education Students in Tanzania (SHEST) wishes to propose an
enactment of a law that will regulate, facilitate and prohibit education affairs and welfares of
students. SHEST has a view that in order for student to acquire high score there must be
equal facilities with regard to financial status of all students thus the government of Tanzania
is required to provide for sponsorship to all students. Furthermore, the parents, guardians and
societies to which students come from shall contribute for tuition fees of such students. But
further the law shall prohibit students to be registered in universities without having such
sponsorship from the government. It’s also the wish that proposed law shall be carried on
under private membership Bill.

ISSUES

I. Whether the proposal from Society for Higher Education Students in Tanzania
(SHEST) can successfully carried out.

LAWS APPLICABLE

1. The Constitution of United Republic of Tanzania, 1977 under Article 13(3), and
Article 11(2).
 LEGAL DISCUSSION OF THE ISSSUE
This proposal wont succeeds since its in contravention with the constitution
provisions. It is discriminatory in a sense that it denies right to education for non-
beneficiaries of the accommodation and subsistence allowance from the government.
This is contrary to Article 13(3) of the URT Constitution, 1977. It is also inapplicable
and difficult to carry out its object since right to education is not basic human right.
Its realization be it national and in international level depend on the financial
capability of the country. This right is found under Article 11(2) which is out of the
Bill of Rights. It will face difficulties when it reaches the stage of having the
presidential assent as he cannot assent the law which cannot be implemented.

It is also impracticable in a way that it mandatorily requires every student to subscribe

to SHEST and pay subscription fee to the tune of 500,000/=. The proposal also
introduces a fine of 500,000/= or 6 months imprisonment or both. By implementing
the same it will discourage education excellence in the higher level. Students may not
be able to pay such fine or membership fee and on that regard they will fail to achieve
their bests.

OPINION

It is my humble opinion that this process should be taken care of first and be satisfied on its
practicability so as its implementation can be possible, it needs some changes so as to tally
with the government’s policies for it to have smooth implementation.

DISCLAIMER

This advice is only intended to be used in the facts as instructed and narrated to us by the
addressees and in no way the maker will be responsible for any loss or damage incurred
based on the reliance of this opinion.

I hereby advice and opine

……………………

GABRIELI BERNADINI LUCAS (ADVOCATE)

GBL ATTORNEYS.
 DRAFT NO. 1

THE UNITED REPUBLIC OF TANZANIA

BILL DRAFT FOR HIGHER EDUCATION HOUSING AND OPPORTUNITIES

2023

MAY 2023
BILL DRAFT FOR HIGHER EDUCATION HOUSING AND OPPORTUNITIES, 2023

ARRANGEMENT OF SECTIONS

PART I

Section Title

1. Short title and commencement

2. Application

3. Interpretation

4. Objectives
PART II

THE SOCIETY FOR HIGHER EDUCATION STUDENTS IN TANZANIA

5. Establishment of the Board

6. Power of the Board
7. Functions of the Board
PART III
STUDENTS WELFARES AND AFFAIRS
8. Accommodation and Subsistence Allowance
9. Payment of Tuition Fees
10. Registration for studies
11. Deduction of the amount of facilitation to failing students
12. Government facilitations to be on sponsorship basis
13. Parent facilitation not to be deemed loan based
PART IV
OFFENCES AND PENALTIES
14. Failure to pay annual membership fee
15. Contravention of the Act
16. Ministers power to review and update offenses and penalties
PART V
MISCELLANEOUS PROVISIONS
17. Application for writ of Mandamus
 A BILL

for

An Act to regulate, facilitate, and prohibit education affairs and welfares of students of
higher education in Tanzania and to provide for related matters.

PART I
PRELIMINARY PROVISIONS

Short title and 1. This Act may be cited as the Higher Education Housing and
commencement
Opportunities Act, 2023 and shall come into operation on such date as the
minister may, by notice published in the Gazette, appoint.

Application 2. This Act shall apply to mainland Tanzania as well as Tanzania

Zanzibar.

GENERAL PROVISION OF INTERPRETATION

Interpretation 3. In this Act, unless the context otherwise requires:
“Board” means Higher Education Housing and Opportunities Board;
“Government” means the Government of the United Republic of Tanzania;
''higher education'' means university education;
''higher education institution'' means a university which offers a level
of academic education and professional training that leads to full
academic and or professional qualifications and competence;
“Minister” means the Minister responsible for higher education;
“Ministry” means the Ministry responsible for higher education;
“SHEST” means the Society for Higher Education Students in Tanzania;
''student'' means any person admitted to an institution as a candidate
for a degree, diploma, certificate or other award of an institution,
and includes a part-time and an occasional or short-term student;
“Tuition Fee” means the fee due for academic purposes at the higher education
institution in Tanzania.
Objectives 4. The objectives of this Act shall include;
a. To govern and supervise student’s affairs for the wellbeing of academic
excellence.
b. To supervise and facilitate the duties of students of higher education in
Tanzania
c. To regulate and govern the provision of accommodations and facilitation to
higher education students in Tanzania.
d. To assist the government in the implementing of accommodations and
facilitations

PART II
ESTABLISHMENT OF THE BOARD
Establishment of the board 5. It is hereby established Higher Education Housing and Opportunities Board
which shall oversee the functions and objectives provided by this Act.

Powers of the board
6. The Board shall be a body corporate with perpetual succession and a common
seal and shall in its corporate name, be capable of -
(a) suing and being sued;
(b) acquiring and disposing of property;
(c) borrowing money and entering into contracts or other transactions;
(d) do all such other things as a body corporate may lawfully do.

Functions of the board 7. The functions of the Board shall be -

(a) To advise the Minister on any aspect or matter relating but not limited to
accommodations and facilitation to higher education students
(b) To regulate and govern the provision of accommodations and facilitation to higher
education students in Tanzania.
(c) To assist the government in the implementation of accommodations and
facilitations
(d) To implement and enforce the provisions of this Act.
 PART III
STUDENT WELFARE AND AFFAIRS

Accommodation and 8. It shall be the duty of the Government with cooperation from internal and external
Subsistence Allowance
stakeholders to provide adequate and suitable accommodation and subsistence
allowance to every student of a higher education institution in Tanzania.

Payment of Tuition fees 9. It shall be the duty of the parents, guardians or the society where the students is
coming from to pay the Tuition fee with respect to such a students and in achieving this
the government shall insert the mechanism suitable for the implementation of this
provision. Any person contravening this provision shall be guilt of an offense.

The registration for studies 10. It shall not be permitted for any student to register for studies at a higher education
institution in Tanzania unless they have been selected as beneficiaries of
accommodation and subsistence allowance by the Government and it shall be an
offense for any student who contravene this provision.

Deduction of the amount of 11. The amount of financial assistance provided to a student who may not be
facilitation to failing
performing well academically shall be kept deducted until they improve their academic
students
performance or lose the assistance.

Government facilitation to
be on sponsorship basis
Parents facilitation not to
be deemed loan basis
12. The Government may provide financial assistance to students who demonstrate
need based on academic performance or other criteria as determined by the Minister
and the government facilitation on that regard shall be deemed as sponsorship and not a
loan.
13. The parents and other related aiders participations in facilitating students shall in no
way be regarded or treated as loan.

Failure to pay annual 14. It shall be mandatory for every student of a higher education institution in Tanzania
membership fee
to subscribe to the Society for Higher Education Students in Tanzania (SHEST) under
the payment of an annual membership fee of TZS 500,000 and failure to furnish
payment it in anyway shall be regarded as an offense.
 PART IV
OFFENCES AND PENALTIES

Contravention of the Act 15. Any person who contravene any provision under this Act shall be liable to a fine
not exceeding Tanzania Shillings 1,000,000 or to imprisonment not exceeding twelve
months or to both such fine and imprisonment.

Ministers power to review 16. The matters relating to offenses and penalties shall be from time to time be
and update offenses
reviewed and updated by the minister as he deems fit.

PART V
MISCELLANEOUS PROVISIONS

Application for writ of 17. Any student who has been denied accommodation and subsistence allowance
mandamus
without just cause may seek a prerogative writ of mandamus against the Government
before the court of law.