Claw back is evidenced under Article 30 0f the Constitution of the United Republic of

Tanzania of 1977 as amended 2005 shows how the government gives the citizens and
punishes them when they misuse their rights.
Led to limitation of rights.
Clawback clauses has debilitating impact on the protection and promotion of human rights in
Tanzania whereby according to Article 30 of the Constitution of the United Republic of Tanzania
of 1977 as amended 2005 shows how the government limits the citizens by giving the citizens
their rights and takes the rights of the citizens and punishes them when they misuse their rights.
Led to derogation of rights
This means taking some rights of a person temporarily. A good example in Tanzania, when the
outbreak of Corona virus began in Tanzania, the President of Tanzania stopped people to
conduct some activities which could lead to spread of the virus which included closing all
schools, colleges and universities for a certain period of time whereby this derogated the right to
education for a while. See Article 31(1) of the Constitution of the United Republic of Tanzania
of 1977 as amended 2005.
Disadvantages associated with enactment of claw back ouster clauses under the Constitution of
Zanzibar of 1977 as amended.
Limitation of Rights
This is the claw back which is evident under Article 24(1) of the Constitution of Zanzibar of
1984 shows how the law enacted by the House of Representative give the citizens their rights
and also shows how government takes the rights of the citizens and punishes them when they
misuse their rights. Example the citizens has right to freedom of speech but when he uses this
right wrongfully by abusing either any person then he or she will be punished according to the
law enacted by the House of Representative.
Interference of Rule of Law
The President of Zanzibar cannot be charged with any offence when he still in office, and that
may be the motion that the President is above the law. Article 36(1) of the Constitution of
Zanzibar of 1984

Ouster clauses
This existed in countries with common law legal systems, a clause or provision included in piece
of legislation by legislative body to exclude judicial review of acts and decisions of the executive
by stripping the courts of their supervisory judicial function.
According to the doctrine of the separation of powers, one of the important function of judiciary
is to examine an executive decisions ensuring that it acts according to the law including where
applicable the constitution.
Ouster clauses or provisions prevent courts from carrying out this function, but may be justified
on the ground that they preserve the powers of the executive and promote the finality of its acts
and decisions.
Disadvantages associated with enactment of ouster clauses under the Constitution of the United
Republic of Tanzania of 1977 as amended 2005.
Interference of separation of power
This is whereby ouster clauses check and balance between the organs of the government
whereby the court is not allowed to examine the advice given by the cabinet to the President as
per Article 54(5) of the Constitution of the United Republic of Tanzania of 1977 as amended
2005
Interference of principle of democracy which is Rule of Law
Refer to no one is above the law; therefore, all people are equal before the law. But the ouster
clause interfered. A good example provided per Article 46 of the Constitution of the United
Republic of Tanzania of 1977, which show that the president protected by the constitution and
cannot be impeached therefore through this it can be observed that the President is above the
law.
Disadvantages associated with enactment of claw back clauses under the Constitution of the
United Republic of Tanzania of 1977 as amended 2005.