UNIVERSITY OF DAR ES SALAAM SCHOOL OF LAW TITLE REGULATIONS ON STUDENTS’ INVOLVEMENT IN POLITICAL ACTIVITIES IN THE HIGHER LEARNING INSTITUTIONS; LAW AND PRACTICE: CASE STUDY OF SELECTED UNIVERSITIES IN DAR ES SALAAM STUDENT : DANIEL, GODFREY 2016-04-03248 REG. NUMBER : LL.B (BACHELOR OF LAWS) MR. SEHEWA NJAMASI DEGREE PROGRAMME : SUPERVISOR : A Dissertation Submitted in Partial Fulfillment of the Requirements of the award of Degree of Bachelor of Laws (LL.B.) of the University of Dar es Salaam. 2020
REGULATIONS ON STUDENTS’ INVOLVEMENT IN POLITICAL ACTIVITIES IN THE HIGHER LEARNING INSTITUTIONS; LAW AND PRACTICE: CASE STUDY OF SELECTED UNIVERSITIES IN DAR ES SALAAM Godfrey Daniel LL.B Dissertation University of Dar es salaam 2020 i
CERTIFICATION The undersigned certifies that he has read and hereby recommends for acceptance by the University of Dar es Salaam the dissertation titled Legal Regulation of Students’ involvement in politics in the Higher Learning Institutions: Law and Practice: A Case study of Selected Universities in Dar es Salaam, in Partial fulfillment of the requirements for award of the degree of Bachelor of Laws. Signature …………………………….……. Mr. SEHEWA NJAMASI (Supervisor) …..…………….…………… Date ii
DECLARATION I Daniel, Godfrey do hereby declare that this dissertation is my own original work, and to the best of my knowledge and information, has not been submitted, and is not currently being submitted for a Degree to any other University. GODFREY DANIEL ……………………. (Candidate) (Signature) Dated at Dar es salaam this………..day of …………………2020 iii
COPYRIGHT This dissertation is a copyright protected material under the Berne Convention 1883, The Copyright and Neighboring Rights Act, 1999 and other National and International enactments on Intellectual Property. Production by any means, in full or part without written permission of the Director of Undergraduate Studies on behalf of the author and the University of Dar es Salaam, is strictly prohibited save for short extract in fair dealing for research or private study, intellectual review or discourse with an acknowledgment thereof. iv
ACKNOWLEDGEMENTS Preparation and completion of this work has been successful as a result of the efforts of various individuals, departments and institutions. Each of which in different timeframe, has made it possible for me to finalize this work in a satisfactory manner. I would like to acknowledge their marvelous contribution during the whole period within which I was carrying out this study. I am firstly, beholden to my supervisor, Mr. Sehewa Njamasi, for his tireless scholarly guidance, comments and assistance. My appreciation of kindness is incomplete without appreciating the choice made by the University of Dar es salaam School of Law for affording me an opportunity to undertake the noblest professional ever. In course of pursuing this marvelous career I have come across people whose existence in my life is remarkable. Many thanks to my supportive colleagues, LL.B class of 2016-2020 who are too many to fit in the list, for their moral and material support throughout my LL.B studies at the University of Dar es salaam. Special thanks to Deogratius Mahinyila, Costa Bakari, Brigitha I.Mhumba, Amiri Hamisi, and Isack Alex Nyangalima. Thank you for being there when I needed you the most. All the persons who are praying for my success regardless of our relationship and your position in life, May the living God bless you all. v
DEDICATION To my beloved Mother Leticia John for unceasing and tireless moral and financial support throughout my academic journey without which I could not be able to make it to this stage. vi
Art. LIST OF ABBREVIATIONS ARU Article ARUSO Ardhi University ACT Ardhi University Students organization CAP Alliance for Change and Transparency CCM Chapter CUF Chama Cha Mapinduzi CHADEMA Civic United Front CHASO Chama Cha Demokrasia na Maendeleo DARUSO Chadema Students Organization Edn. Dar es salaam University Students Organization Etc. Edition G.N Et cetera (Latin for- and others) Ibid Ibiden Government Notice ICCPR Ibidem (Latin for- At the same place i.e International Covenant on Civil and Political Rights IFM idest (Latin for –Tat is.) The Institute of Finance Management vii
IFM-SO The Institute of Finance Management Students Organization LL.B Legum Baccalaureus (Latin for-Bachelor of Laws) MASO Mwalimu Nyerere Academy Students Organization MNMA Mwalimu Nyerere Memorial Academy NIT National Institute of Transport No(s). Number(s) SONIT Students Organization of National Institute of Transport TCU Tanzania Commission for Universities UDHR Universal Declaration of Human Rights UDHRA University of Dar es salaam Human Rights Association UN United Nations URT United Republic of Tanzania UVCCM Umoja wa Vijana wa Chama Cha Mapinduzi Vol. Volume Pg. Page R.E Revised Edition S. Section www Worldwide web viii
LIST OF LEGAL INSTRUMENTS International Instruments International Covenant on civil and political rights, 1966 The African Charter on Human and people‟s rights, 1981 Universal Declaration of Human Rights, 1948 Domestic Legislations Principal Legislation The Constitution of United Republic of Tanzania, Cap 2 [R.E. 2008] The Political Parties Act, Cap 258 [R.E 2019] The Universities Act, Act No.7 of 2005 Subsidiary Legislation The Universities (Student's Organizations) Regulations. GN No. 178 of 2009 Universities (General) Regulations. GN No. 226 of 2013 ix
TABLE OF CONTENT CERTIFICATION…………………………………………………………………………………….……i DECLARATION………………….....................……………………………………………….……ii COPYRIGHT… ………………………………………………………………………………………… iii ACKNOWLEDGEMENTS………..……………………………………………………………….…..iv DEDICATION ………………………………………………………………………………………….…v ABSTRACT…………………………………………….……………………………………………….….vi LIST OF ABBREVIATIONS............................ .................................................................vii LIST OF LEGAL INSTRUMENTS……………… …………………………………………….…viii International Instruments……………………………… …………………………………………...viii Domestic Legislations…………………………………… ………………………………………….…viii CHAPTERONE: INTRODUCTION........................................... .......................1 1.1 Background of the Problem…………………………… …………………………………….….1 1.2 Statement of the Problem……………………………… …………………………………….….2 1.3 Objectives of the Research……………………………………………………………………….4 1.4 Significance of the Study…………………………..................................................4 1.5 Literature Review………………………………………………………………………………….…5 1.6 Research Hypotheses………………………………………………………………………….……8 1.7 Research Methodology………………………………………………………………………….….8 1.7.1 Interview ……………………………………………………………………………………….….9 1.7.2 Questionnaire………………………………………………………………………………….….9 1.7.3 Nominal Group Discussion……………………………………………………………….…10 1.7.4 Secondary Methods………………………………………………………………………..….11 1.8 Sample Size……………………………………………………………………………………….….11 1.9 Data Analysis…………………………………………………………………………………….…..12 x
CHAPTER TWO: REGULATORY FRAMEWORK ON FREEDOM OF ASSOCIATION 2.1 Introduction……………………………………………………………………………………………13 2.2 Regulatory Framework of Politics in the Higher Learning Institutions……………13 2.2.1 The Universities Act 2005……………………………………………………………………13 2.2.2 The Political Parties Act, Cap 258 [R.E 2019]………………………………………..15 2.3 Freedom of Association……………………………………………………………………………16 2.3.1 The Constitution of the United Republic of Tanzania 1977..……………………16 2.3.2 Universal Declaration of Human Rights 1984………………………………………..17 2.3.3 The African Charter on Human and Peoples' Rights 1982………..…………….18 2.3.4 International Covenant on Civil and Political Rights 1966……………………….18 2.3.5 Conclusion………………………………………………………………………………………..19 CHAPTER THREE: HIGHER LEARNING INSTITUTIONS AND POLITICAL ACTIVITIES 3.1 Introduction……………………………………………………………………………………….….20 3.2 The Concept and Functions of the Higher Learning Institutions………………..…20 3.3 Prohibition of Political Activities in the Higher Learning Institutions…………..…21 3.4 Reality of political situation In the Higher Learning Institutions in Tanzania...22 3.5 Conclusion…………………………………………………………………………………………....24 CHAPTER FOUR: THE IMPACTS OF POLITICS IN THE HIGHER LEARNING INSTITUTIONS 4.1 Introduction………………………………………………………………………………….………25 4.2 Political Interference in the Higher Learning Institutions……………………..…….25 4.2.1 Interference in General University and Institutional Undertakings………….25 4.2.2 Interference in Students Organizations…………………………………….……..….26 4.3 Existence of political parties Branches at the Universities and related xi
Institutions………………………………………………………………………………….………..……29 4.4 Lack of awareness on Regulating Laws…………………………………….………..……30 4.5 Effectiveness and Compliance of the Regulating Laws……………………………...31 4.6 Reflection of the Statement of the problem and the Hypotheses…………….…33 CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS 5.1 Summary and Conclusion…………………………………………….………………………..35 5.2 Recommendations…………………………………………………….………………………….37 BIBLIOGRAPHY……………………………………………………………….…………………………40 ANNEXURE 1…………………………………………………………….……………………………….42 xii
CHAPTER ONE GENERAL INTRODUCTION AND BACKGROUND OF THE STUDY 1.1. Background of the problem Universities are the Higher learning institutions established under the specific laws operating in Tanzania.1 The major purpose for which these institutions are established is to impart knowledge and produce or build up skilled professional individuals whom the national development depends on. Part III of the Constitution of the United Republic of Tanzania, among other rights, provides for the right of association whereas, every citizen of Tanzania is free to join an associations or organizations formed for the purpose of furthering or preserving his beliefs or interests2. This right needs to be enjoyed by every Tanzanian. Universities are vast institution with large population. That being the fact, running and administration of the same cannot be fully effected by the limited number of staff members, as the results, the Universities have established a system that allows the students to have their representative government (student organizations) which make sure that the rights of the students are taken into account and represent the University administration from the grassroots (in the students daily activities at the campus)3. It is student organization that engineer and manage the entire process of student‟s leadership election at the universities. It is during this time of students leadership elections that elements of political parties influence over the student election in the universities are manifested in the undertakings of those involved in the process of such elections. Such influence is expressly prohibited by the law establishing universities in Tanzania. Existence of external political parties influence into the student organizations and other undertakings of the university activities is the basis for this research. 1 The Universities Act, no of 2005 2 Article 20 of the Constitution of the United Republic of Tanzania, 1977 3 Regulation 56(1)c GN No 266 of 2013 1
The Universities Act and The Universities (General) Regulations4 strictly prohibit undertaking of any political activities at the University campuses. However such laws do not prohibit students to belong to a political party.5 1.2. Statement of the Problem The rapid increase of political tension in the higher learning institutions have been a critical problem which has led to challenges considering the legal purpose for which the higher learning institutions are established. Despite the fact that the constitution of the United Republic of Tanzania provides for freedom of association as one of the fundamental rights of Tanzanians, the manner in which such freedom is being enjoyed in the higher learning institutions has been affecting not only relationship between students but also deteriorating the academic functions and reputation of such institutions. In some cases during the Universities elections, students have been subjected to threats and intimidation by people alleged to be leaders or members of certain political parties that such students are not members to for what is mentioned to be differing in political ideology. A good example of incidence implicating the increase of political tension in the universities can be drawn from one year back, where, in May 2018 a certain number of students at the University of Dar es salaam were banned from participating in anyhow in the matters relating to leadership in the Dar es salaam University students organization/government (DARUSO) 4 GN No. 266 of 2013 5 Section 51 of the Universities Act, 2005, Regulation 57 of GN no 266 of 2013 2
following the allegations leveled against them that they were affiliated with political parties. On the other hand, the law which establishes universities provides among other things that, no staff association or students organization in an institution shall engage in political activities on campus.6 Not only that, but also the higher learning institutions have rules governing the conducts of the students while at the University; engagement in political activities is one of the prohibited acts. However, this law and these regulations seem to be less observed and as the results, students fully engage in politics and link the same with university student organization undertakings. On 04 may, 2019 the leadership of CCM youth organization (UVCCM) UDSM convened a branch meeting in which one of the agenda and resolution was to win among other elections, DARUSO elections of 2019.7 This indicates that political activities are considered part of the Higher learning institutions activities which may be injurious to both the academic affairs as well as relationship between both staff and the students due to variance in political ideologies. The existence of political influence in the University elections implies that the laws establishing the university institutions, and, that prohibits such political influence or activities in the university are not complied with. Therefore, this research will be focused on inquiring the legality of political activities in the higher learning institutions (Universities) and whether the existing laws are complied with in practice. 6 Section 51 of the Universities Act, 2005. 7 Posted on Twitter platform page controlled by UVCCM-UDSM on 05 may 2019 at 11:34 AM 3
1.3. Objectives of the Research Basically the core objectives of this research are, 1.3.1. To assess the extent to which the laws regulating higher learning institutions undertakings with regard to political matters are complied with. 1.3.2. To assess the scope of the freedom of association as provided for under the Constitution of the united republic of Tanzania with regard to the higher learning institutions. 1.3.3. To assess the impacts of freedom of association as far as higher learning institutions are concerned. 1.3.4. Assessing the legal framework regulating students‟ direct involvement in political activities in the higher learning institutions and recommend on the possible means by which higher learning institutions can retain their legal function without being affected by the political party‟s activities. 1.4. Significance of the Study i. This research will bring awareness to the people on the scope of the freedom of association as to its limits and specific areas in which it is not exercisable in higher learning institutions. ii. This research will also arouse knowledge among the people or rather the designated population (higher learning institutions students) on the legal framework regulating their enjoyment of freedom of association and direct involvement in political affairs. iii. This research will be useful as it will point out to the public the impacts of politics in higher learning institutions and the possible solution(s). 4
iv. Lastly, it will be of use as it will recommend on the importance of having legal framework so far as politics in higher learning institutions are concerned. 1.5. Literature review Brademas, J. in his book8 quoted the 40th U.S president (Ronald Reagan) who was of the view and asserted that the greatest public school system in the world began to deteriorate when the federal government started to intervene. President Reagan argued that, education sector or rather academic institutions ought to be free from external influences for such institutions to be able to carry out their functions properly. The book is essential for the purpose of this research as it point out the possible impacts of interference with the academic institutions. The context in which President Reagan addressed freedom of academic institutions is not legally based but focuses on the academic function of the schools and other academic institutions. Allan M. and Randal W. in their Book on management of Colleges and Universities9 stipulates propositions about the academic institutional values and purposes which among other things include i. Academic institutions are academic communities, comprised of professional committed to a set of common beliefs. 8 John Brademas (1987) The politics of Education: Conflict and Consensus on Capitol Hill. University of Oklahoma. Norman at pg 82-86 9 Allan M. Hoffman & Randal W. Summers (2000) Managing Colleges and Universities: Issues for Leadership. Bergin &Garvey. U.S.A at pg 28-32 5
ii. The primary purpose of the academic institution include research, teaching and service with some sectors of higher education more devoted to one component than another. iii. Academic institutions are distinctive organizations with unique cultures and features. I subscribe to these propositions by asserting that the academic institutions are populated by self-governing scholars. That being the position, the academic institutions are again independent institutions which interference thereto may jeopardize the entire activities of such institutions. This book will be useful as far as it points out the basic and primary functions of the higher learning institutions (Universities) as against the political activities. Sjur Bergan in his paper10 based on the research regarding students‟ participation in higher education governance argue that in order to maintain order and harmony among the university students and maintain the status quo of democracy which is the order of the day, students should be involved in governing universities. To ensure that that demands are met, universities have established a system that enable students to elect those who they think fit to represent them in the governing process. Bergan points out that, His research across Europe came across five universities in which students‟ representatives are appointed by the university administration. Nevertheless, Bergan contend that, for the democratic system of electing students‟ representatives to be effective, there should be an established 10 Bergan, S. (2003) Article on Students participation in higher education governance. University of Bologna. Italy 6
student‟s union which stand as the central mechanism in which such representatives will act through. Bergan goes further by posing the most serious question as to what kind of students organizations are allowed in universities and whether these organizations may be linked to political parties which would automatically result into what is called „political students organizations’. He says that representatives from 15 (fifteen) of the countries that replied to the questionnaire stated that political student organizations are illegal at higher learning institutions. This paper will be useful and helpful in conducting this research as it is directly linked to the subject matter of this research which is regulation of politics in higher learning institutions, and since the research mentioned in this paper is based on the data collected from the Higher institutions from more developed countries, it will be a plausible reference to our African universities particularly Tanzania‟s in so far as regulation of politics is concerned. Haggai Erlich in his book11 was of the view that Student political activity was a tame affair organized in support of the regime through various officially inspired channels. Erlich contented that students were the most reliable enthusiasts of the regime as they were not against the government but rather pioneers of the revolutionary future. Erlich‟s view was basically ideas attributed to the state of politics in Egypt around 1900‟s. 11 Erlich, H. (1989) The students and University in 20th Century Egyptian politics. Frank Cass & CO. LTD. Great Britain At pg 169 7
He viewed university students as the essential part of revolutions in the country and thus they could fully engage in politics and be offered privilege. The area of interest in this book in so far as this research is concerned is that it will be useful in distinguishing the nature of politics in 1990s‟ or to be precise 20th century and the politics in 21st century with its impact on Universities. 1.6. Research Hypotheses The research study endeavor to test the hypothesis that; The legal framework regulating student‟s involvement in political activities in the higher learning institutions is less observed thus manifestation of political related activities in the higher learning institutions. This hypothesis has three elements namely; 1.6.1. That, the freedom of association under the constitution has extended beyond unidentified limits 1.6.2. That, the existing laws that regulates politics in higher learning institutions are ineffective. 1.6.3. That, the higher learning institutions affairs are run and administered in political basis. 1.7. Research Methodology Research was conducted by employing both primary and secondary tools of data collection. In primary data collection, field research tools such as Interview, Questionnaire and nominal group discussion were employed. The research also involved consultation of the research related authorities such as TCU, the national Higher education policy and reliable websites were visited. University of Dar es salaam library was also visited for secondary data sources. 8
1.7.1. Interview Method In this cause, non-structured method was employed where the researcher resorted to random questions basing on the efficacy and effectiveness of the laws governing political activities in the higher learning institutions. The researcher interviewed officer from the TCU which is the governing authority for Universities in Tanzania, officers responsible for student affairs as well as leaders in students‟ organizations from various Universities and Institutions which were selected by the researcher to be the field area for the purpose of this research. A total number of 13 interviewees were interviewed by the researcher most of whom their respond were similar in various ways. This method was useful in acquiring data relating to the manner in which the university administration ensure compliance with the laws and regulations prohibiting political undertakings in the higher learning institutions, views and understanding of the students leaders on the connection of the student organizations and the external political parties. 1.7.2. Questionnaires The researcher deployed both close and open ended questions which afforded the respondents ample space to express their views toward the questions posed on the questionnaire paper. The questions focused on the awareness of the respondents (University students) on the existence of laws and by-laws regulating political activities in the higher learning institutions, efficacy of laws in place, political situation in their respective institutions/Universities and views on the impacts of party politics in the 9
Higher learning institutions. The questionnaire which was deployed by way of online survey creator platform enabled more than 20 participants from each institution to participate in the research and enabled the researcher to collect the required data. A total number of the participant in the questionnaire was 115 among whom, 72 responded to all questions, 21 responded only to close ended questions, 8 responded to 20% (twenty percent) of all the questions and 14 were unable to respond to any of the deployed questions but rather provided their personal details. With this method, the researcher was able to collect data regarding knowledge of students in laws regulating their involvement in political affairs while at the campus, Impacts of politics in academic and university or institutional undertakings as well as effectiveness of the laws in place regarding prohibition of political activities in the higher learning institutions. 1.7.3. Nominal group discussion The researcher in different dates and time from December to February 2020 visited the nominated institutions/ Universities and conducted nominal group discussions which involved not less than 6 participants in each discussion conducted. From these group discussions, the researcher marked and noted views and comments made by various participants which formed important part of this study. The discussions were basically about the experience of university politics, awareness of the laws regulating participation in political undertakings in the Universities/Institutions, effectiveness of the existing laws as well as the nature of administration in higher learning institutions and the possible impacts of party politics in the higher education in general. In these 10
discussions, the researcher noted the understanding of the participants in University politics, experience and observation of connection between the political parties and student organizations at their universities or institutions. Such views, experiences and explanations on observation formed vital part of this study. 1.7.2. Secondary Data Apart from the primary data collected from the field, secondary data sources involving published and non-published materials from the University of Dar es salaam Library, Journal articles, thesis, and policies relating to the study as well as reliable websites were consulted by the researcher. This enabled the researcher to collect second hand data which successfully supplemented the first hand data collected from the field and hence completion of this work. These included observations and comments made by various scholars and institutions on political situation in external universities and institutions in comparison to the situation in Tanzania. This helped in providing a clear position to be maintained by the academic institutions. This formed essential reference to this study. 1.8. Sample Size From both interviews, questionnaires and nominal group discussions, a total number of 188 and above persons were involved as participant in due course of collecting data relating to the research problem. The category of the persons involved was 11
sophisticated persons i.e University/Institution officials and Students who were the large number of the participant in this study. 1.9. Data Analysis The data obtained through both methods were analyzed based on the number of the response on a particular issue, wherein, information from the institution officials and student leaders was highly considered basing on the fact that they are conversant with how the students organizations, university and Institution affairs are administered and they fully participate in the same on the daily basis. Assessment of questionnaire followed based on the majority response over the questions asked. 12
CHAPTER TWO REGULATORY FRAMEWORK ON FREEDOM OF ASSOCIATION 2.1 Introduction This chapter seeks to uncover the laws that reflect and regulate political affairs in the higher learning institutions as well as the entire aspect of freedom of association which is affected or rather touched in some ways in this study. The analysis on such laws has been done in hierarchy from domestic laws related to the regulation of politics status in the higher learning institutions to the international instruments touching the freedom of association as the basic individual right protected universally. Domestically, the constitution and principal legislations and by-laws set by the higher learning institution regarding the area of this study are critically analyzed. 2.2 Regulatory Framework of Politics in the Higher learning Institutions As it is shown in the introductory part of this dissertation, Universities and other related higher learning institutions are the products of certain laws of the United Republic of Tanzania namely; The Universities Act, No.7 of 2005, as well as The Universities (Student Organizations) Regulations G.N No 178 of 2009 which is made under the Universities Act. 2.2.1 The Universities Act, 2005 This is the establishing law in as far as higher learning institutions in Tanzania are concerned. This law has provided among other things, the establishment of the TCU 13
which is the regulating authority for universities in Tanzania, establishment of the University and so the Students organizations in every established university. Under this law, it is dully provided therein that, no staff association or student‟s organization in any institution shall engage in any political party‟s activities on campus12. The provision goes further to prohibit the universities from having constitution which conflicts the provisions of that law. The implementation of this provision are reflected in the constitutions of various Higher learning institutions some of which are; Article 6 of the DARUSO constitution which is about compliance and principles wherein it is provided among other things that, DARUSO undertakes to and is committed to fulfill its responsibilities of abiding with all laws of the United Republic Of Tanzania as well as The University of Dar es salaam rules. Article 10 of IFM-SO13 has the wording which is in pari-materia with article 6 of DARUSO constitution regarding compliance with the laws of the United Republic. The two cited student‟s organization constitutions serve as sample among many others which are also in compliance with the provisions of the Universities Act regarding prohibited political activities in the University campuses. It is an evident fact that incorporation of the clauses or provisions reflecting the provisions of the establishing law on the prohibition of political activities in the university vicinity proves compliance with that law but that does not guarantee or imply that such provisions are highly upheld or observed in the due course of running the 12 Section 51 (1) of Act No.7 of 2005 13 IFM-Students Organization Constitution, 2013 14
universities and students affairs. The situation is duly narrated in the next chapter of this paper. 2.2.2 The political Parties Act, Cap 258 R.E 2019 This law regulates registration and related undertakings of political parties in both parts sides of the union i.e Tanzania-Mainland and Zanzibar. With regard to political activities in the higher learning institutions, the act has a provision prohibiting such activities in the higher learning institutions. It provide that no political or any person shall undertake a party activity, form, establish or allow to be established or formed in any office, branch, unit, youth or women organization or other organ of any political party among other places, in any working place, school or other place of learning14. The law expressly prohibits establishment of political party branches and related party activities in the learning places which include Universities and other Institutions. The provision in this law in connection with the Universities Act serves as the enabling laws in so far as incorporation of provisions prohibiting political association in the Universities Constitutions is concerned. The political parties Act also prohibits convening of political parties administrative meetings at the places in which political undertakings are prohibited save where such places offer facilities or service for hire or reward.15 This is a clear implication that the purpose of the law is to keep political undertakings as far as possible from the restricted places due to the impacts which might result from exposing such places to politics. However, implementation of the strict prohibition of 14 Section 12(2) of The Political Parties Act, Cap 258 R.E 2019 15 Section 12 (5) Ibid 15
political undertakings in such places Universities particularly has been a bit challenging as shown in the subsequent chapter. 2.3. Freedom of Association Freedom of association is one of the basic elements of democracy in 21 century. It is a universal applied concept where in all countries adhering to democratic system of politics, people are free to join political parties of their choice. This is highly associated or backed up by the existence of multiple political parties in a particular country. In order to make sure that freedom of association as a vital principle in a democratic state is much observed, the states have incorporated the same into their mother law(s) of the land. i.e constitution for effective compliance. Freedom of association is the result of both international and domestic legal instruments which are precisely discussed hereunder. 2.3.1 The Constitution of the United Republic of Tanzania The Constitution is the basic law of the state and a yard stick or basic (grund norm)16. It is a grund norm in the sense that it is the fundamental norm or law of the state. It is the basic law from which all the laws in the state derive their legitimacy and validity. It is in this aspect that all other laws enacted by the parliament are not expected to contravene the constitution or the grund norm. In the event any law enacted by the 16 Hopton, T. C (1978) Grund norm and Constitution: The legitimacy of Politics, Mc gill Law Journal, Vol. 24 p.73 16
parliament contravenes the constitution, such law is subject to be declared a nullity by the court of law. The Constitution of Tanzania17 which is the covered area in this dissertation has under its constitution a provision providing for the freedom of association to the effect that, every person is free to assemble, cooperate and associate with other persons for the purpose of expressing their views publicly and to form or join with association or organization formed for the purpose of preserving his beliefs and interests18. The wording of Article 20(1) cited above can be interpreted to include political parties taking into consideration the provisions in sub-articles 2,3 and 4 of the same article. The CURT confers to Tanzania citizens the right and freedom to join political parties of their choice for furtherance and preservation of their beliefs and interests. Freedom of association under the CURT is subject the provision of various laws put in place within the URT to make sure that such freedom is enjoyed without prejudice to or being hindrance to national stability. 2.3.2 Universal Declaration of Human Rights 1984 In order to make sure that rights off individual which are recognized universally are protected and free from infringement, states came together in 1984 and declared the basic human rights which were then incorporated into a single document for more clarity. Among the rights declared in the UDHR is the right to peacefully assembly and association which is provided for under Article 20(1). The purpose behind this provision 17 [CAP 2 RE 2008] 18 Article 20(1) of the Constitution of the United Republic of Tanzania, 1977 CAP 2 [R.E 2008] 17
is to protect individual‟s right to associate and form organization of his choice depending on his interests and beliefs. UDHR is the cornerstone for most of the rights incorporated in various constitutions and or legislations related to Human rights. 2.3.3 The African Charter on Human and Peoples’ Rights 1982 African Charter on Human and Peoples‟ rights19 is among the regional instruments which stipulate that freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African people.20 Article 10 (1) of the Charter provide that individual shall have right to free association provided that he abides by the law. In a simple explanation, the Charter has taken into account the domestic laws set by the member states to ensure that the freedom of association is enjoyed by their nationals in the manner not affecting public safety and national security. Provided that an individual abides by such laws, their right to associate shall not be extinguished. 2.3.4 International Covenant on civil and political rights 1966 The ICCPR was adopted by the United Nations General Assembly in December 196621 and came in force on March 1976. Article 22(1) of this convention provide for the freedom of association to the effect that, everyone shall have right to freedom of association and the right to join inter alia labor union for the protection of his interests. 19 Adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force 21 October 1986) 20 Paragraph 3 of the Preamble of the Charter 21 UNGA Resolution 2200A (XXI) on 16th December 1966 18
It goes further to elaborate that no restrictions may be placed on the exercise of this rights save for those prescribed by laws and which are necessary for the national interest for the purposes of national security and public safety. 2.3.5 Conclusion Freedom of association is protected and provided for under both The Constitution of The United Republic of Tanzania 1977 and other international legal instruments. That indicates that it is a basic right which should be protected. However, freedom of association is subject to the provision of the laws put in place by the state as prescribed by the ICCPR and African Charter on Human and Peoples‟ Rights. One of the grounds prescribed by the cited instruments upon which freedom of association can be limited is national security or public safety which is of much interest in this cause. The Universities Act among other laws, contain a provision that preclude political activities in the University Vicinity. This is due to cosmopolitan nature of the university population and the foreseen impacts of allowing political activities in such vicinity which may be prejudicial to public safety. That being the position, it is undisputed fact that freedom of association can only be limited in situations which if allowed may be prejudicial to the national security or public safety. The same can only be limited subject to the express provision of the laws put in place for that purpose. 19
CHAPTER THREE HIGHER LEARNING INSTITUTIONS AND POLITICAL ACTIVITIES 3.1. Introduction Given the fact that the concept of education and politics is very wide, this chapter gives a general overview of the two concepts in so far as the purpose of this study is concerned. This will include among other things, the concept and functions of the higher learning institutions, prohibition of active politics in the higher learning institutions as well as the facts or reality of political situation in the higher learning institutions. 3.2. The Concept and functions of the Higher learning Institutions Basically, higher learning institutions are public and or private institutions delivering higher education. These institutions admit as regular students persons with the minimum entry requirements from both within and outside The United Republic as may be prescribed by particular institution from time to time through TCU guide books22.These institutions are authorized by the state to provide program of education beyond secondary education and they include traditional Universities as well as professional oriented institutions.23 At the end of the prescribed program the institution awards bachelor degree to the graduates. In The United Republic of Tanzania the 22 Regulation 34 of G.N No 266 of 2013, 23 Professional oriented institutions in Tanzania include TIA (Tanzania Institute of Accountancy), NIT (National Institute of Transport), DIT (Dar es salaam Institute of Technology and other like 20
higher learning institution is established by grant of Charter by Tanzania commission for Universities pursuant to the provision of section 19 and 20 of the Universities Act.24 The rationale behind establishment of these institutions as fully understood is for the same to provide higher educational training based on certain fields or professionals registered to be provided by such institutions. The education or trainings provided at this level is focused on producing competent and skilled man power required in various aspects for the purpose of individual and national development. They are supposed to concentrate on research, teaching, career training, role-modeling and public service or consultancy25. 3.3. Prohibition of political activities in the higher learning Institutions It is an evident fact that the law that establishes Universities prohibits the existence of political nurtured activities in the University Campuses. It is dully provided under the Universities Act to the effect that, no staff association or students organization in all institutions shall engage in political activities on campus.26 This goes hand in hand with settlement of the Universities (Organization) Regulations27 as well as various rules under the specific Universities and other higher learning institutions which regulates the conducts of the students while at the campus, this include precluding students from engaging directly into political activities at the university. 24 Act no 7 of 2005 25 National Higher Education Policy (1999) at pg 03 26 Section 51 of The Universities Act, No 7 of 2005 27 GN No 178 of 2009 21
3.4. Realty of political situation in the Universities in Tanzania Despite the fact that the establishing laws and regulating laws provide for the extent to which political activities should be prohibited in the university campuses, the situation is quite contrary to the provision of such laws and regulations in reality. Most of Universities and other high learning institutions in Tanzania experiences political tension specifically during university elections in which students undertake to elect their representatives in the University administration. In most cases, at this period of time, national wide politics are manifested to take over and have strong influence towards the entire process of election at the Universities. There are various events that prove the influence of the external or rather national political activities on the university elections. In May 2018, four students (two of whom the researcher knew personally) at the University of Dar es salaam were served with warning letters from the dean of students banning them from participating in anyhow in matters relating to leadership in DARUSO. These students were associated with CHASSO and thus were alleged to be incorporating and professing party policies into the DARUSO ELECTIONS In another event, on 4th May 2019 the leadership of CCM youth organization (UVCCM) UDSM convened a branch meeting in which one of the agenda and resolution was to win among other elections, DARUSO elections of 2019.28 28 Acquired during an interview with UVCCM-UDSM chairperson Pius Lukanula on 8th May 2019. The Resolution was also posted on twitter platform page controlled by UVCCM-UDSM on 05 May 2019 22
In one event, the prime minister of ARUSO told the researcher that election period is amongst the stressful period at the University especially for those who are interested in contesting for various positions in the students organization29 The serial events which end up with students being subjected to disciplinary action taken against them or banned from certain activities at the university due to involvement in political activities indicates the active operation of political undertakings in the university campuses notwithstanding existence of Laws and by laws pronouncing legality of politics in the higher learning institutions. UDHRA is the Human Rights association at the University of Dar es salaam. The same was established for the purpose of among others, to raise awareness of the public on Human rights as well as providing legal aid and advice to the victims of human rights abuse at the University of Dar es salaam30. Leadership in this association is also acquired through election process. Members of this association contend that the association like DARUSO, is also controlled politically in the sense that that members having certain political ideology are not afforded chance to take position in the Association31. On the other hand, the president of the association commented that political ideologies and activities have been the biggest challenge in so far as exercising of the association‟s functions is concerned. He pointed out that the top leaders of the association are directly attached to the political parties and thus whenever the association call for a meeting, such leaders convene party meetings to discuss their 29 CASBET ERENEST.(Prime Minister ARUSO 2019/2020). Personal Interview, 11 February 2020 30 Articles 8,9 1nd 10 of UDHRA Constitution, 2011 31 This was an interview with the member who demanded that his name remain anonymous. Interviewed by researcher on 3rd August 2020 23
position in the indicated agendas and once they come for the meeting each of them maintain his position as per the party meeting and hence this has been prejudicial to development and consensus on the matters affecting members of the UDSM society at large32 3.5. Conclusion The series of events some of which are not mentioned in this cause are the evidence as to the existence and dominant of the political undertakings in the higher learning institutions. Some individuals, students inclusive maintain and contend that university is the right platform for those who may be in need of joining politics to show their sides and stand for the same. This implies that political undertakings are likely to be suitable and acceptable in the higher learning institutions for that is the platform. This category of people contend also that university is the direct bridge to the large community through which persons such as politicians and leaders pass through to the general community, therefore discouraging and banning politics in the higher learning institutions is pointless and is rather illogical. 32 Information obtained from an interview with the president of UDHRA (Mr. Izack Nguli) at UDSM Vicinity on 30th July 2020 24
CHAPTER FOUR GENERAL FINDINGS AND THE IMPACTS OF POLITICS IN THE HIGHER LEARNING INSTITUTIONS 4.1. Introduction This chapter intends on providing the general findings obtained from the field in relation to political activities in the higher learning institutions, impacts of such activities and other relevant findings. The findings provided in this chapter are combination of data collected through various methods which were employed by the researcher. To be more specific on the field of the research, the researcher visited in different dates and time and collected data from The University of Dar es salaam (UDSM), Ardhi University (ARU), Dar e salaam University College of Education (DUCE), Mwalimu Nyerere Memorial Academy (MNMA), Institute of Finance Management (IFM) and National Institute of Transport (NIT). 4.2. Political interference in the Higher learning institutions 4.2.1. Interference in General University and Institutional Undertakings. Since the researcher is the student at one of the higher learning institutions in Tanzania,33 he has been able to experience existence and interference of politics in the University of Dar es Salaam in which he is a student. Interference of politics has been manifested in various aspect or activities undertaken at the university campuses. Let alone the observation and experience gained by the researcher, in nominal group 33 The researcher is a Law student at the University of Dar es Salaam School of Law 25
discussions in which involved a minimum number of five (5) students in every discussion carried out at the UDSM campus, a good number of students were of the view that the manner in which the university is run manifest political bias in certain matters in which student affairs is involved. Most of the respondents went further to point out that the university disciplinary board‟s decision against the students breaching the university By-laws manifest availability of political sides whereas students deemed to be attached to the leading party CCM are favored and those in the opposing parties are severely punished34. Apart from UDSM, the respondents in other higher learning institutions (who took part in the research) pointed out that party politics is recently seem to be part of the higher learning institutions undertakings because most of activities which ought to have been carried out independently are influenced and much dominated by political sides which as the results, create groups of many people with varying political ideologies and hence absence of consensus on matters affecting the general student population at the institutional vicinity35. 4.2.2. Interference in Students Organizations In each Higher learning institution, it is a legal requirement that there should be a student organization36 which acts as intermediary between the University or Institutional administration and the students given the large number of students. This student‟s organizations i.e ARUSO, DARUSO, IFM-SO, MASO and SONIT undertakes to 34 Information obtained from group discussion at UDSM main Campus on 28th January 2020 35 Information obtained from group discussion conducted at Mwalimu Nyerere Memorial Academy on 12th February 2020 36 Section 49(1) of The Universities Act, no. 17 2005 (part 3.5.3) at pg 31 26
represent and make necessary inquiries on matters affecting student‟s peaceful stay at the University37. For these established Students organizations to perform their duties effectively, each of them in its particular institution through its constitution provide a manner in which the representatives shall be selected. Election is the mode proposed and used by these organizations to get the leaders to represent the students in the institutional or University administration38. Due to mode of students‟ enrollment into the higher learning institution every year, student‟s organizations are set to conduct election in every academic year. Big number of respondents from various institutions which researcher visited, UDSM particularly, opined that it is this period that proves actual existence of living party politics in the student‟s organization and University/Institutions at large. Respondents pointed out that, in their knowledge, elections within students organizations ought to be free of party politics thus the concerns to be covered and campaigned on are limited to the matters relating to students affairs at the university campuses ,but unexpectedly, election season in the universities experiences and is usually dominated by the tag of war between the national political parties where the entire process from selection of candidates after return of forms, screening, campaigns and announcement of results 37 MAHINYILA, DEOGRATIAS C. “Legal Challenges Facing University Students‟ Organizations in Decision making and Implementation in Tanzania”. LL.B Dissertation, University of Dar es salaam-Dar es salaam, 2019 38 Article 12 of MASO Constitution, 2008, Article 10 of DARUSO Constitution, 2012 (The provisions regarding the means for availability of leaders in students organizations are incorporated in the respective constitution of each Organization) 27
are monitored in interest of certain political parties whose members are in the election boards.39 Experience shows that allocation of ministries and sectors after the formation of the students‟ government is based on the political parties in which the college and class representatives belong to40.In an interview with one of the former DARUSO leader, he contended that in the course of campaigns there happens a lot of political and sometimes personal attacks among the nominated candidates due to variance in political ideology, the result of which is that whoever gets the position is not willing to work with the other losing part for the interest of general population due to grudge and hatred arising out of interest or personal attacks during the campaign. Furthermore, In question regarding the connection between the students Organizations and national political parties which the researcher deployed in both questionnaire and nominal group discussion, the respondents who responded to the same opined that there is a clear connection between the students Organization and the political parties. Responding to this question one of the respondents explained that in the due course of election the parties plan and choose amongst their members at the university to contest and in event the chosen member wins the position (presidency of the organization particularly) the organization becomes exposed to the party and hence most of the 39 Information obtained from an interview with various DARUSO leaders at Extension Block-UDSM on 22 January 2020 40 This is the experience of the Author herein in University politics in the past 3 years and critical observation of the manner DARUSO government is formed soon after election. 28
organization decisions will be influenced by the ideologies and interest of that particular party41. The connection between the two can also be manifested from the political parties‟ point of view whereas, on 4th May 2019 the leadership of CCM youth organization (UVCCM) UDSM convened a branch meeting in which one of the agenda and resolution was to win among other elections, DARUSO elections of 201942. This indicates that the party has its members in the Student organization and thus its desire to win the organization‟s election is to afford the party an opportunity to influence and take over the students affairs through student‟s organization. 4.3. Existence of political parties Branches at the Universities and other Institutions In course of collecting data, the researcher came across the political parties (University- branches) in some of the institutions he visited. At UDSM the researcher witnessed existence of full leadership of branches of CCM (UVCCM-UDSM), CHADEMA (CHASO- UDSM) and ACT Wazalendo (UDSM). Existence of these branches at or near the university indicates that political activities can undisputedly be undertaken within the vicinity of the university. The activities include branch meetings which are convened in high secrecy. One of the leaders of ACT-(UDSM Branch), admitted that there are 41 The Author was provided with a letter dated 28th May 2019 addressed to the VC-Administration (UDSM) the same being composed by NYAIKOBA, ALOYCE J. who was the Chairperson for DARUSO sub- electoral committee (COET) responding to the Letter of the VC- Administrations‟ letter of 23rd May 2019 regarding disruption in DARUSO general election 2019. 42 This resolution was posted on official UVCCM page on twitter on the same date. 29
branches at the University and that offices have been established in the areas near the University to serve the Members at the University.43 Respondents with this regard were of the view that existence of the political party branches at the universities is the sign green light to the political activities at the university campuses which is contrary to the legal regulatory framework. 4.4. Lack of awareness on regulating laws One of the basic questions which were extensively discussed in questionnaire and nominal group discussion was whether students and the institutional or University administrators are aware of the laws regulating political activities at the Higher learning institution campuses. Only 30% (thirty percent) of the respondents who responded to this question in questionnaire pleaded to be aware of the laws regulating politics in the higher learning institutions. 6.5% of the above were law students. This answer the question to the effect that majority of students in the higher learning institutions are not aware of the existence of laws regarding political aspect.44 This being the position, it is obvious that a good number of students who participate in university politics (candidates) are not aware of such laws and as the result their undertakings are based and depends on the political party of their interests‟ ideology to stand for and get position in the students organizations. 43 Information obtained in an interview with the General Secretary ACT-Wazalendo UDSM (Mr. Mubaraka Chilumba) on 24th January 2020 44 The calculated percent are the result of the automatic calculation of the Surveyor Creator digital platform which the Author used to deploy Questionnaires. 30
On the other hand, the administrators are well acquainted with both principal laws as well as regulations regarding prohibition of political affairs in the Institutional campuses. This so due to various interviews conducted with the personnel responsible for student‟s affairs management in the selected institutions. This leaves the question of effectiveness and observation of such laws and regulations intact. 4.5. Effectiveness and Observation of the Regulating laws Due to the fact that the researcher is a student in one of the higher learning institutions in Tanzania, through his personal observation and the opinion of various respondents from various institutions in which data was collected, it is evident that the challenge is on upholding and overseeing the laws and regulations by the responsible authorities (in this case University and Institution Administrative Authorities)45. In an interview with the President of DARUSO-DUCE46, he contended that it is not easy to control political activities at the university campuses given the fact that the politics which is referred to as “University politics” does not exist, instead, what does exist is the party politics disguised as university politics in absence of political party flags and other related objects which indicate existence of political parties. He further maintained that, since the Universities are administered by individuals who are appointees of the political leaders in power, it is unlikely for such individuals to fully and effectively upheld the laws banning political activities in the Universities for the same will not be in the good 45 Failure to Control and ensure absence of political parties (University- Branches) in compliance with section 12(2) of Cap 258 [R.E 2019] 46 Information obtained in an interview with the President DARUSO-DUCE 2019-20 Mr. Deogratius Stanley at DARUSO office DUCE on 15th January 2020. 31
interest of the leaders who put them in a certain position who after all represents a certain political party (The leading party). In most cases, less effectiveness of the regulations regarding politics in the higher learning institutions is evidenced in students organization elections where national wide political parties are seem to have an outstanding influence and control over the candidates contesting for certain upper positions in the students organizations i.e presidency, vice presidency, speaker as well as chairmanship of Colleges and Schools. The influence of the parties is covered up in a manner that the authorities cannot directly consider the same as being politically influenced47. Ineffectiveness of the administrative authorities in upholding the laws and regulations regarding this study is shown where the authorities take sides. In a group discussion conducted in the vicinity of the University of Dar es salaam as well as in Ardhi University in different time frames, participants (students) maintained that Administration, in both Universities usually takes the ruling party side and is always harsh towards people showing opposing parties attitude. Participants were of the view that whoever shows opposing attitude is considered to be a threat to the Administration48. This stand as the weakness of the University administration and an implication that the same cannot upheld the laws relating to political matters in the Learning institutions. 47 Absence of Party emblems at the University or Institution Vicinity justify the administration‟s denial on existence of political undertakings 48 Information obtained in Group discussion conducted at the UDSM on 28 January 2020 and subsequently at ARU on 11th February 2020 32
4.6 Reflection of the statement of the problem and the Hypotheses Having gone through the laws and regulations regarding students involvement in political activities in the higher learning Institutions and having analyzed the data collected from various Universities and Institutions which were chosen as the data collection field (they are mentioned in the introduction part of this chapter), it is at this juncture that the hypotheses is to be tested with the view of proving or disapproving the same.49 The statement of the problem of this study identified interference of politics in the affairs of the higher learning institutions and hence the objective of this study was to assess the legality of politics in the higher learning institutions and whether the laws prohibiting the same are complied with in practice. This study single Hypotheses with threshold elements to wit; The legal framework regulating student‟s involvement in political activities in the higher learning institutions is less observed thus manifestation of political related activities in the higher learning institutions. And thus, (i)the freedom of association under the constitution has extended beyond unidentified limits (ii) the existing laws that regulates politics in higher learning institutions are ineffective, and (iii)That, the higher learning institutions affairs are run and administered in political basis. The data collected reflects and match with the hypotheses particularly in the second and the third hypotheses wherein, On lack of effectiveness of the laws and regulations regulating politics in the higher learning institution Various events and comments made 49 C.R. Kothari (2004) Research Methodology: Methods and Techniques. New International (P) Limited. At pg 184 33
by the respondents shows that compliance and upholding the regulating laws is practically challenging given the nature of the administration and the origin of their powers which makes it unlikely or rather impossible to fully comply with such laws by completely blocking politics from interfering with the undertakings in the institutions. The sources of data collected also maintained that the effectiveness of such laws and compliance thereof depends much on the nature of people said to have breached the same50. This render such laws and regulations discriminative since they do not apply equally to the general public but rather to a particular group of people deemed a threat to the administration. On the other hand, data collected indicates that administrators of the higher institutions are less independent, public Universities particularly, thus they are likely to be influenced or controlled politically. The analysis starts with the highest leadership of the higher learning institutions where, in most Higher learning institutions the top leaders are associated with certain political parties thus the power behind their appointment is political based. As a matter of general understanding, whoever is put in a certain position will always serve and act to safeguard the interest of the person or Institution that placed him in such position51. It is in this aspect that most of the higher learning institutions are led in a manner that allows the influencers to safeguard their interests in such institutions. Therefore, full compliance and upholding of the laws prohibiting political undertakings in the higher learning institutions is a threat and prejudicial to the 50 Obtained in an interview with the Speaker of IFM-SO at IFM on 12th February 2020 51 Respondents made reference to the statement made by The President of URT on 19th September 2020 while in official visit in southern regions. 34
interest of the influencers if the same is to apply equally to the general Institutional population. CHAPTER FIVE RECOMMENDATIONS AND CONCLUSION 5.1 Summary and Conclusion The primary focus or objective of this study was to ascertain whether what is provided for in the laws, regulations and by-laws regarding political undertakings in the higher learning institutions are complied with or rather manifested in practice, whether there is any negative impact on University or higher Education Institutions being exposed to politics in the campuses particularly. In course of carrying out this study which involved inquiries from various people, the researcher has learned a lot in relation to the politics in the higher learning institutions. Therefore, from carrying out this study, it has been observed that the problem of politics in the higher learning institutions, notwithstanding existence of laws precluding the same is more accelerated by the manner in which different affairs are taken care of in the day to day institutional activities. The manner in which various student‟s organizations problems are taken care of by the administration leaves no doubt among the larger population od students to believe that politics is part of the University or Institutional administrative and therefore they cannot expect a just undertaking by the same. And this leaves that population with the view that professing their political ideology at the university surroundings is not subject to any limits. 35
On the other hand, it has been observed and it is hereby concluded that, existence of political parties‟ branches in the Universities and other institutions is a clear declaration of the living political undertakings in such institutions. This has resulted into existence of political blocks in the universities which is prejudicial to the academic function of the universities at large. This declaration has lead to a compulsory alliance by the students who are looking forward to take any leadership position in the student‟s organizations in the sense that, for them to be successfully nominated for such positions they must belong to a certain powerful block i.e certain political party. Lack of thorough knowledge about the limits of the politics in the university or institution vicinity among the larger population of the students in these institutions is another complimenting factor which pushes students to participate fully in the politics while in the institution vicinity, the results of which is that, once the students who are allegedly take part in political activities subjected to disciplinary procedures they feel offended or rather biased. Usual Academic functions of the university and the related institutions are prejudiced in certain cases where the political situation becomes critical and resulting into boycotts and strikes among the students in the respective institution. This is especially when the administrating authorities of the particular institutions take actions which are seem to be politically motivated in the eyes of students. A good example is when the administration compels the elected students top leaders i,e president of the organization not to include certain students in the cabinet and also to include some student leaders in the cabinet for the benefit or to safeguard the interest of the 36
Administering authority.52 Once this situation is exposed and is known by the students, may cause unrests in the vicinity of the institution. 5.2 Recommendations After thorough observation, analysis and scrutinize of the legal framework in students involvement in political undertaking in the higher learning institutions and compliance or rather the practice side of such regulations, the researcher poses the following recommendations to be of paramount importance as of this study. Firstly; TCU which is the supervising authority for Universities and other higher learning institution should be taking direct inspection of the manner in which the higher learning institution affairs are taken care of by the Administration officials of each respective institution. The fact that Universities and related institutions are left to take care of their Undertakings without close supervision of the Regulating authority in (this case TCU), has given chance to the officials in the administration posts to act beyond the expected standards and hence personal and party interests have become the major source of the decisions made in the higher learning institutions. Secondly; Political Party branches should be expunged from the universities. The CURT provides for the freedom of association but this is subject to the laws put in place to administer or regulate the manner in which such freedom shall be enjoyed for instance in this case The Universities Act and the Political Parties Act put a restriction on political activities to be undertaken in the learning institutions. This is in the best interest of the 52 The Former president of DARUSO-Mlimani (2018/19) (Mr. Haroun Nhonya)Commented that upon being elected as the president, the administration gave him a list of students to be included in the cabinet. All of whom were not in his plan as the president of the organization. Obtained on 15th February 2020 37
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