W1A001T Stylistically significant features of News Paper Reporting are the Unique features and techniques used by the News reporters in order to communicate with the public. These unique features defferentiate the News Papers from the rest of other literatures or other documents. For instance, in the News paper Reporting, at the headline there is always big bold printed letters which carry the issue of the day. The bold type big-printed letters are designed so inorder to catch and appeal both the senses and the attention of the reader. It further makes the topic easily seen. In the News Paper Reporting the headline always <-_appear><+_appears> <-_in><+_on> the font page and not otherwise or elsewhere. Similarly <-_in><+_on> the same front page, especially <-_in><+_on> the left hand-side there <-_is><+_are> always editorial comments which similarly speak to the whole public about the issue of the day. In other words, editorial comments deal with what is currently taking place in the society. For instance when you look <-_on><+_at> the above article i.e. a piece of News paper reporting given to us, we see that the headline is printed bigger and darker than the rest of other contents. (African economies getting sicker). This is made so inorder to achieve `eye catch effect' as the issue of the day. It should however be known that any news paper Reporting has two main functions or aims. The first aim is to inform the audiance and the public as a whole about what is taking place in the society or in other societies elsewhere. The second aim of the news paper is to entertain the audiance in respect of short plays, stories, catoons etc. But inorder for any news paper to accomplish the function in which it was designed for, there must bear some features which constantly defferentiate it from the rest of other literatures like books, journals, periodicals etc. Now at this very juncture, let us see in much details what the features are, as they are normally being used by several News Reporters. Reporters do not only write in the News Papers as one writes his or her friendly letter, but have to abide to these rules. David Crystal and Derek Davy (1969:173) put this forward <-_as><+_by> saying: "Journalese; like jargon; and a few other pseudo-descriptive terms, is a label which seems to have a clear cut sense until we begin to look closely at the way it tends to be used." These features are so many, and they include graphatic, grammatic and vocabulary/lexical. Graphatic and graphological variation is part and parcel of any News paper reporting. These are the most noticeable features of stylistic importance. When we speak of graphatic features we mean are the whole necessary features which a news paper <-_bear><+_bears> inorder to be called so. We are very much interested in how the size of the whole paper is utilized. The graphatic features include the news headline which is always printed in big size darker letters. This helps to catch the attention and rises interests of the readers. How? It does so because the headline has to contain a clear intriguing message which <-_kindle><+_kindles> a spark of interest in the readers' potentials by means of catching the attention and appealing the senses. This is being brought about by the ful range of graphetic contrasts. The contrasts are advocated by the use of bold, high, heavy, lower case italic letters and the italic capitals as reminders. Under graphatic variations, we have also paragraphing. This is the way in which the narrative as a whole is split into smaller units. These include subheadings in the centre of the columns which usually are the main distinctive features of any news paper reporting. In other words, we can say paragraphing is the lay-out on how the whole text is broken into small para of small lines and few words of at least one sentence each. The para may have some sub-headings which aid readability and legibility. Usually the first para may be of larger - blacker type than all the rest. eg. 'Addi Ababa' (from the text). Under graphatic features there is also the use of other features like inverted commas, parantheses , dashes etc. Inverted commas are used where there is direct quotation, or where there is a casual use of some words. For instance, from the text we have "free market economy". There is also the use of parantheses . Parantheses are used to substitude words by giving them more meanings in order to avoid ambiguities. Similarly, dashes are used to link expansion of thoughts with the main part of the sentence. Commas are not extensively used in this respect, in order to avoid disturbing the tempo. Another stylistic feature of the news paper reporting, is that language is always factual, ie factual information and it fully indicates the place where the information originates from. For instance in our case the information is originating from Addis-Ababa. Moreover the news paper reporting similarly shows the writer who wrote the article. In our case, the article of "African economies getting sicker" is written by Anaclet Rwegayura. Date is also of great importance for any news paper reporting because it makes the audiance know when the issue in question took place. When we look at the article we become aware that it took place in 1991. Let us see the quotation below from the text. "Africa's economic performance in 1991, says the UN Economic Commission for Africa (ECA) turned out to be rather poor and disapointing ". As we have seen some of the stylistically significant features of the news paper reporting, let us now look the same aspect <-_under><+_at> grammatical level. At this juncture we are very much interested in the way <-_of><-+_in> which words are governed and used under grammatical rules. To start with, <-_in><+_at> the grammatical level, headlings are different and seperate from the rest of the text. That is because there is omission of auxilliaries and 'verbs to be'. Due to this omission of tense markers headings look in a more telegraphic manner. Hence ambiguities may arise in the headlines (headings). For instance the headline of the text reads: African economies are getting sicker' instead of African economies are getting sicker. The tense marker 'are' is deliberately omitted inorder to save the space in the paper. In the respect of paragraphs under the headline, sentences are grammatically constructed characterized by the use of coordinators and subordinators. Sentences are clear and unambiguous. Because of subordination, coordination and to avoid ambiguities, sentences are long and self expressive. For instance, in the text there are 20 paragraphs, which a big number of them are only composed <-_with><+_of> one sentence, except in the nineth, eleventh, and fourteen paragraphs where there are two to three sentences. e.g of long sentences: Para 5. "Inadiquate basic sectoral studies, weakness in implementation of investment policies, communication problems and defects in balance payment are among reasons cited by the country's economic experts for the failure of the plan". Normally such sentences are statements, and the length of the sentence depends upon what someone wants to say and how to say it. The use of adverbials are extremely common in news paper reporting. Adverbials of place and time are predominantly used so <-_as><+_that> the reader <-_could><+_can> be explicit of where (place) and when (time) about a certain action. eg. Para 1. "Addis Ababa - NEARLY all African economies are literally sick ----- according to the economic experts meeting here." Apart from the features operating at sentence level and between sentences, we should also note some distinctive features operating within the nominal and verbal group. There is a presence of much more complex pre- and postmodification. There is also a tendency of introducing adjectives where possible, to add detail and colour to a story. eg. Para 4. "... five years of social economic reconstruction ... (Both pre- and postmodification) Para 11. In the social sector, health, education and employment were the worst hit. (The use of adjective). Other features include the subject relation to the verb which is SP (Subject predicate) - the use of simple past tense when reporting - the use of modal auxilliaries - the active voice is usually used when reporting At the level of vocabulary the news paper reporting has similarly these stylistically significant features. Some of the features under vocabulary include the following : Vocabulary used are in most cases of standard language. Colloquial words and slangs are avoided. There is a great deal of word-formation, like compounding, abbreviation, blending, acronyms, cliping eg. socio-economic - compound in Para 4. I.M.F. Abbreviation in Para 3 ECA Acronymy in Para 12. GNP Abbreviation - Para 14 There is great inventiveness especially compounding. There is use of emphatic extracts or absolute word . Often unusual collation especially in the headline, done deliberately to catch the eye. Proper nouns are capitalized eg. Addi-Ababa in para 1. It should however be known that, in most cases the language of the news paper reporting is standard, but not always. There are cases where the language may not be formal, and instead may be colloquial, informal, slang etc. depending on the type of audiance . Therefore, the stylistically significant features of News Paper Reporting are nothing more but are those features which distinguish a news paper from other types of literatures. The features include graphatic, grammatical and vocabulary features as they are illustrated above from the text. On the other hand, let us suppose that I have attended the meeting convened in this text as a government official and not as a journalist. The report to the government would have been as follows : A REPORT ON THE MEETING HELD AT ADDIS-ABABA, ETHIOPIA ABOUT AFRICAN ECONOMIES IN CRISIS. JUNE 20-25, 1991 The continent's economic experts which met in the Ethiopian capital, Addis Ababa last June this year, have said African economies are literally sick and the hope for recovery entirely depends on the performance of the global economy. According to the deligates , they said prescription given by the International Monetary Fund (IMF) and the World Bank under structural adjustment programmes has not given relief to the economies. This is because the I.M.F. and the World Bank has not proven to deliver to the public reliable services like food, shelter, medical care and education for the majority. The experts have also found that five years of of social economic revival in Zaire have an average of 1.1 annual growth rate from 1986. This is because of some inadequate basic sectoral studies, weakness in implimentation of investment policies and communication problems which have defects in balance of payments. The experts cited this example to be one of the failures of these countries economic plan. A Zairen deligate told the meeting that there is great imbalances between consumer goods, capital goods and the private sector lacked resources for recovery. Damas Mbogoro of Tanzania's National Planning Commission told the conference that each country has its own individual problems of development which have first to be analysed at both micro and macro levels. According to him African problems require home solutions and external assistance. The Conference learnt that Africa's economic growth rate in 1991 is 2.3 per-cent as compared with 3.2 percent in 1990. The population growth was three percent. Social sector is the most affected. According to ECA, external factors provide no support to African economies. In 1991, the trade suffered heavily from economic recession in industrialized countries resulting <-_for><+_in> the fall of demand of African exports in the world market. The price for the whole African commodities dropped by 2.8 billion dollars compared to 1990. The external debt which is one of the major impediments of African economies. It is estimated that 275 billion dollars, constitute 72 percent of the Gross Domestic Product (GDP) and claims 25 percent of exporting earnings to service the debt. The experts said ECA as the Continent's economic organ have to find more imaginative ways inorder to help African economies improved and competative . It must be characterized by powerful trading blocs and good policies. W1A002T 1.0 INTRODUCTION In this project I'm going to examine the reasons for the spread ofKiswahili Language in East Africa. However, the main focus of the project will be centred <-_at><+_on> the factors which have made Kiswahili to be establishedas a National language and as a language of education in Tanzania more than it is in Uganda or Kenya. To begin with, we have to know what do we mean by the term "Language". Language according to Batibo (1984) means: - "the system of arbitrary vocal symbols by which thought is conveyed from one human being to another..."1 In my opinion Language should be defined as a system of human expression by means of words, gestures and signs to convey thought, meaning and feelings. The name "Swahili" comes from the Arabic word "Sahila" meaning coast; the prefix Ki- is the Swahili prefix marking that class of nouns which include the names of <-_language><+_languages>. Swahili belongs to the Bantu family of languages which is spread over the whole of the central and southern parts of the African continent. The languages belonging to this family are remarkably homogenous as regards their grammatical structure and vocabulary. The special <-/pecularity> of the Bantu languages is their system of noun classes. Swahili belongs to the Eastern group of the Bantu languages which also includes Nyamwezi with its dialects, the languages of the Iramba plateau, Pokomo, Taita, Taweta, the languages of the Luo, the languages of the Baganda, and all other tribes along the coast area. Therefore Swahili is one of the most widely spread <-_language><+_languages> of present-day Africa, being used as a means of communication between the ethnically mixed peoples of Eastern and up to a point of Central Africa. In the United Republic of Tanzania it is the language of government, in Kenya its sphere of application is being steadily widened, while it is also widely used in Uganda. 1.1. HOW KISWAHILI <-_SPREADED><+_SPREAD> IN EAST AFRICA The impact of trade andslave trade helped the spread of Kiswahili. The trade <-_roots><+_routes> spread mainly in Tanzania, Kenya and Uganda. The trade <-_roots><+_routes> helped the spread of this language because, the people of the coast travelled upcountry and intermingled with the upcountry people in marriages and trade. The Missionaries also played a big <-_roles><+_role>, as well ascolonial administration in their efforts of gettingin contact with the local communities. The Missionaries for example they<-_spreaded><+_spread> the word of God by using Kiswahili. Also they wrote a good number of books, pamphlets, magazines and prayers <-_by><+_in> Kiswahili. The efforts putby the active politicians before and after independence <-_has><+_have> helped also a lot to get language known to the Eastern Africa - population. Colonial administration encouraged people especially Africans to speak Kiswahili throughout and the onewho wanted to be employed by their administration was required to know Kiswahili. According to the above reasons it is obvious therefore that the language was <-_primary><+_primarily> spoken by the coast people. <-/Now adays> the language has spread all over Africa and beyond. 1.2. Tanzania: The Nation of Tanzania was created in 1964 through the Union of Tanganyika (a former United Nations trust territory) which achieved its independence in 1961 and the nearby Islands of Zanzibar and Pemba. The Indigenous cultures and languages of the twenty seven million citizens of this new Nation differ markedly throughout the country. Therefore Swahili is both a symbol of and a vehicle for the expression of an emerging National Culture, which transcends regional differences within the country. It is the National language. According to Karugaba, SR (1986) said that: - "It is used as the mother tongue (ie Native language) by about 10% of the population, that is people along the coast, the Islanders and some inhabitants of the principal towns..."2 In other words Swahili is used on its merit as a language commonly understood by all students for classroom purposes despite their varied vernaculars. It is the language of <-_every><+_everyday> use in towns and in schools (outside the classroom). In the majority of the rural areas, it is the native language that prevail , except the coast rural areas. Officially, it is used in meetings including political rallies. Virtually all business in government offices and other public institutions is transacted in Swahili. Most commercial transactions within the country are <-_affected><+_effected> in the National language. Religious ceremonies are conducted in Swahili too. In the Educational sphere, Swahili is the medium of instruction in primary schools and Grade 'A' and 'C' colleges of National Education. In secondary schools it is the medium of instruction for political education and religious<-_instructions><+_instruction> only. Back to the colonial period in 1885-1961 Tanzania was under the German East Africa; Swahili therefore was used as the means of communication. Africans were trained to become junior officials through Swahili. It was also used as a language of administration. For example in 1905 the missionaries at Mugila produced the classic "Habari za wakilindi". The UMCA were also responsible for the first newspaper "masimulizi and habari za mwezi. In 1910, the religious booklet were producedand the common language which usedwas Kiswahili. In 1914 the administration was able to conduct much of its correspondence with village headmanin Swahili. However Education expanded steadily. By 1911, the <-_mission><+_missions> were responsible for primary education. For example In 1883 a school was established in Tanga to train Africans to occupy places as junior officials and by 1903 there were eight government schools, twelve rural authority schools and fifteen missionary schools. The British administration also played a big role to establish Kiswahili to be asa language of education and as a national language in Tanzania. For instance during the British colonial era Kiswahili became the medium of primary school education and a subject up to the Cambridge school certification, but the medium of instruction for secondary schools and higher education was English. Also primary courts used Kiswahili. The Newspapers, uncritical handouts of the government policy, Newspapers produced by missions, government,regional and national press, were givenin Kiswahili. However Tanganyika Broadcasting service <-_has><+_had> a wider audience for its Swahili programmes. In 1955 for example there was a simultaneous English and Swahili interpretation at the <-_buildings><+-building> of legislative council. According to Whitely, W. (1974) said that "The Newspapers and schools performed a valuable seriesnot only they servedto establish Swahili as a means of National communication but they also introduced Tanganyikans to the problems involved in running schools and Newspapers..."3 On the other hand, Newspapers played a valuable <-_services><+-service>, it servedto establish Swahili as a means of national communication, and resulted <-_to><+_in> the need of providing adultswith much reading material and alsocost of running such papers. After independence, it was noted that,Tanzania <-_is><+_was> still <-_and> likely to remain tri-focal linguistically. But the only reason to justify this period is that,since independence there has been no dramatic shift in the status of Swahili, Indeed in some spheres there has simply been a logical and gradual <-/extention> of the areas in which the language was used. Unlike Kenya or Uganda, Tanzania through the ministry of Education and Culture has been concerned with the development of Swahili asexpression of National Culture. Therefore up topresent Tanzania had made a considerable measureindevelopment of Kiswahili in Education and national language. Todate we have a lot of magazines and books written in Swahili. 1.3 KENYA: To begin with, Kenya haslong coast line along which Swahili is spoken as a first language. The reason behind this is that,the spread of Kiswahili from the coast to the mainland East Africa was <+_by> trade caravans. But <-_this><+_these> trade caravans didn't penetrate deep in interior Kenya due to the presence of fierce animals and the <-_threaten><+_threat> from Masai <-_Worriers>+_warriors>. During the colonial period especially in 1906, the colonial government established the policy which allowed the missionaries continued to usethe vernaculars in their schools and in church services. However, in 1950 Swahili became a lessonin the Kenya African preliminary Examinations after eight years of education. Many Swahili magazines were established in Nairobi and Kiswahili became mostly the language of towns especially Nairobi and Mombasa. But there are several reasons which hinder the development of Kiswahili in Kenya. For example Whiteley, W. said that; - "The varieties of Swahili in current use raised many problems. The variety used by the Kenya Broadcast in its upcountry programmes was unaccepted to coastal speakersjust as the coastal form <-_is><+_has> found no sympathy upcountry, the more conservative people upcountry <-/preffered> their own language..."4 Secondly <-_the> Luo and Kikuyu dominated in the day to day activities in the interior Kenya. The people also were proud of their language; it was a sign of prestige to speak the home language. Thirdly the trend of using local languages and English went up to the time of independence (campaign whereby the said languages were often used). Kiswahili therefore was used in towns alone. This also discouraged the spread of Kiswahili to the majority of Kenyans. After independence the performance was not good, it was used to teach religion. English being compulsory and Kiswahili not; and Kiswahili also focusingshortage of <-/experties>. 1.4. UGANDA: As I have stated earlier the role of trade in the spread of Kiswahili in East Africa was paramount. The Kabaka of Buganda established a trade link with the people of the coast in the 19th century. The missionaries had been already in Buganda and established strongamong the indigenous people. <-_Date><+_Dating> back to late 1920 Bishop Tucker claimed that Kiswahili was associated withIslamic culture and religion, that could not be used as a medium of instruction for religion. The Bishops in Uganda also <-_protected><+_protested> in a written memorandum to the secretary of the state in which they outlined the disadvantages of Kiswahili and put forward a number of reasons as to why Luganda could be preferred as a lingua franca. After independence especially in 1971 IDD Amin announced that the national language for Uganda <-_will><+_would> be Kiswahili, citing examples that Kiswahili <-_is><+_was> spoken in East and Central Africa. He insisted that to bring about solidarity Kiswahili should be used. But the presence of dominant tribes such as Baganda made the position of Kiswahili to be very narrow. The Baganda were very interested to see their language Luganda being the lingua franca of the Uganda. So people like Kabaka was not in the favour of proposing the use of Kiswahili <-_in><+_at> the expense of the Luganda. This trend of using local languages and English went on up to the times ofUhuru campaigns. Unlike Tanganyika: <-_whereby><+_where> Kiswahili was used widely in the Uhuru campaigns, In Uganda English was often used with some translators to the vernaculars. 1.5. CONCLUSION <-_According to><+_From> the above discussion I can conclude that,Kiswahili has no deep roots in Kenya as well as Uganda. This is because the language not widely spoken despite <-_of> the <-_Governments><+_Government's> measures to promote it. The <-/hindrences> of Kiswahili in Kenya and Uganda therefore had been missionary activities, the colonial government administration whom both <-/preffered> the use of Vernaculars. Kiswahili in Tanzania is more established than Kenya and Uganda, because,colonial administrations such asGerman contributed much through the establishment of schools where Kiswahili was a medium of instruction at the same time emphasized the Kiswahili to all administrative sectors. In Tanzania, the government policy, Ministry of community development and culture and that of education insisted this much. Mass media like <-_magazine><+_magazines> and newspapers and Radio played a great role in propagating Kiswahili. But after independence both Kenya and Uganda were not committed to Kiswahili. Also Kenya and Uganda delayed the implementing Kiswahiliaslanguage of education. With the discussed Kiswahili famein Uganda, Kenya and Tanzania, Kiswahili deserves to be the National language and the language of Education in Tanzania. W1A003T UNDER the common law offences are divided into four groups, viz: an accessory before the fact, principal offender in the first degree, principal offender in the second degree and accessory after the fact. (a) An accessory before the fact <-_include><+_includes> the person who does procure counsel and commend the commission though he himself may not be present at the commission of an offence. Thus accessory before the fact refers to those offenders who participated in the commission of a crime at earlier time (b) Principal Offender in the first degree, is the person whose act is the most immediate cause of the 'actus reus'. He is the actual offender, the person who executes the criminal act. However, it is not always so, for the offence may have been committed by an innocent agent. In such situations the innocent agent is deemed to have committed the criminal act. For instance, a man who uses a child to commit an offence or a doctor who <-_poison><+_poisons> and <-_kill><+_kills> a patient by using an innocent 'nurse'. Here the actus reus is directly brought about by someone who is not the participant in the commission of the crime at all such as those who <-_has>>+_have> no 'mens rea' or who <-_has>>+_have> some defence like infancy or insanity. In such case the principal is the participant in the crime whose act is most immediate cause of the innocent agent's act. It is possible to have more than one principal offender in the first degree especially where there is a joint or common participation <-_to><+_in> the actual doing of the prohibited act. For instance where D induces a child, C, aged seven to take money from a till and give it to D, D is a principal to an offence only if the child is exempt from criminal liability which in the case of a child of that age, depends on whether he knows that the act is wrong. If the child does <-_knows><+_know> that his act is wrong then he is a principal (Likewise to a nurse who <-_receive><+_receives> an order from a doctor she is a principal offender) and D is the secondary party to the offence. (c) Principal offender in the second degree - This includes aiders and abettors. The two terms, aiders and abettors, has sometime considered to be having a single concept whereas aid denotes actus reus and abet the mens rea. The actual meaning of to aid is to give help support or assistance to, and abet is to incite, instigate or encourage. A person who offers his motor vehicle to facilitate robbery or a person who aids a thief by keeping <-_watching><+_watch> outside the house where theft is taking place is guilty of an offence as a principal offender in the second degree. A person may become aider or abettor without necessarily being at the scene of the crime. To render the person liable the aid or assistance, leading to the commission of the crime, must be intentional. A person can still be an aider or abettor even if he is uncalled, for a <-_prio><+_priori> arrangements amongst parties is not neccessary . (d) Accessory After the fact - This the person who having knowledge that a felony has been committed <-_and> subsequently shelters or aids the offender in such a way as to enable him to evade justice. It must be shown that accused's assistance was given before a person is convicted as accessory after the fact to the offence. A mere sympathy to <-_to> a person who is guilty of an offence is not enough, there must be active assistance to facilitate the offender to escape or to reap the benefits of the commission of the offence. PARTIES TO OFFENCES IN TANZANIA According to section 22 (a)-(d) of the Tanzania Penal code, it is clear that Unlike England in Tanzania there is no difference between accessory before the fact and principal offenders, all are grouped together as principal offenders. This section provides "When an offence is committed each and the following persons is deemed to have taken part in committing the the offence and be guilty of the offence, and may be charged with actually committing it, that is to say: (a) every person who actually does the act or <-_make><+_makes> the omission which <-_constitute><+_constitutes> the offence. (b) every person who does or <-_omit><+_omits> to do any act for the purpose of enabling or aiding another person to commit the offence. (c) every person who <-_aid><+_aids> or <-_abet><+_abets> another in committing the offence (d) any person who <-_counsel><+_counsels> or procures any other person to commit the offence." In Tanzania, however, there are only two categories of parties to offences unlike in England where there are four categories of parties to offences. These two categories of parties to offences are principal offenders accessory after the fact to the offence. The former has been provided for by section 22 (a) to (d) above whereas the actual perpetrator of a crime, abetter and aider, counsellor and procurer are all held liable to the offence as principal offenders. Accessory after the fact, this is the person who knowing that a felony has been committed <-_and> subsequently <-_shelter><+_shelters> or <-_aid><+_aids> the offender in such a way as to enable him to evade justice. Section 387 of the Tanzania Penal Code states: "A person who receives or assists another who is to his knowledge guilty of an offence in order to enable him to escape punishment is said to become accessory after the fact to the offence." In order a person to be convicted as accessory after the fact it must be shown that the act of assistance was given before a person is convicted as accessory after the fact to an offence. However, husbands and wives are exempted from criminal liability as accessory after the fact against each other. This is basicall so in order to make sure that the marriage bond is well preserved. In a situation where say 'A' persuades B to murder 'X', C knowing the plot gives 'B' a gun, D who also knows of the plan drives 'B' to 'X's' house and 'D' keeps watch outside 'X's' house whilist 'B' shoot an kill 'X'. All the four 'A', 'B', 'C' and 'D' are principal offenders who may be jointly charged with murder. 'B' the perpetrator fall under subheading (a) of the section, in England B' would be known as the principal offender in the first degree, D and C fall under subheadings (b) or (c), in England D would be the principal in in the second degree. It will therefore suffice to say that under this part a person may be guilty of an offence although he does not perform the actus reus which constitutes the offence. For instance a woman may be charged and convicted of rape for aiding and abetting a man to commit the offence of rape. JOINT INTENTION BY JOINT OFFENDERS: A person is said to be a party or to share a common intention, design or plan with another person to commit a particular offence if he shared, with another person or other persons a special unlawful purpose which led to the commission of the offence he is charged with. Common intention may be made before going to commit the agreed unlawful purpose or it may arise on one's own will sponteneously in the course of executing unlawful events. It may also arise out of sudden decision (at the spur of moment ) although it might not have been present to start with. Thus it is not necessary that these should have been an actual agreement amongst the parties prior to commission of the offence. This can be illustrated in the case of MSENGI MKUMBO and ANOTHER in which the two appellants went to the maize shamba with intent to commit the felony of theft, to break and remove maize lobs. They were surprised by the deceased, the second appellant threw a stick at the deceased and thereby caused his death. Both appellants were convicted of murder It was held that the two accused persons bein in a shamba with intent to commit a felony, they were both armed which showed that they were prepared to offer violence in persuance of their common intention and as a result a death occured due to the act of one of them. The element of malice aforethought nessesary to constitute murder had, having regard to s. 200 (c) of the penal code, been established against both the accused persons. However, in order to establish common intention to the offence committed evidence must be shown that common intention is shared amongst the parties, here presence at the scene of crime does not necessarily make a person party to the offence. Common intention to use violence may be formed at the spur of moment, it is possible even when the criminals are strangers to one another. This is common in cases of thief beating and the beating of drivers in cases where pedestrian has been knocked down. In Tabulayenka Kirya the accuseds killed, after beating, a person suspected to be a thief. It was held that for the purpose of section 200 (e) of the Penal Code it is not necessary that each of the accused knew that his act or acts would probably cause grievious harm. It is sufficient if the commulative effect of the beating carried out by different accused persons was such as would probably result in death or grievious harm and the evidence shows that they did, each accused is responsible for all acts of the others done in furtherance of their common purpose or rather design. PROBABLE CONSEQUENCES: Generally if a member of a group of armed thieves kill in the course of stealing, the killing would be a probable consequence of stealing and all members of the group may be held liable for the killing. But if the course of stealing one member of the group rapes a woman he will be liable/responsible for his act because rape is not a probable consequence of stealing. Thus a probable consequence is the act done which by itself is a crime in the course of executing another crime. Normally this is done in order to facilitate commission of the intended unlawful purpose, for instance burglary and causing grievious bodily harm in the course of executing robbery. In MUGHURIA BWAYA V. R" nine appellants formed common intention during period of famine for burgling a house in order to steal food there in. They carried out this plan of burglary and one of the appellants who alone was armed speared and killed the owner of the burgled house. All nine appellants were convicted of murder. It was held that even though only one member of a party, (that is the first appellant) which had formed the intention of committing burglary, was armed, the enterprise of burglary was unlawful, and the resistance by the owner of the burgled premises was a probable consequence and the overcoming of such resistance by violence was necessary by burglars would probably be resorted to were sufficient factor to bring all the accused within the doctrine of common intention, thus making them equally responsible for the act of the first appellant Under section 24 of the Tanzania Penal Code where there is procurement to kill the means actually used is immaterial to liability. It is also necessary that the offence actually committed must be the probable consequence of that procured. For example 'A' counsels B to steal X's motorcycle and B instead of stealing it set it on fire. The act of setting it on fire is not the probable consequence of conselling . But if as a result of counselling 'B' afraid of stealing the motorcycle himself employ 'C' to do it, it will be no defence to 'A' that he intended not to do the act himself. Similarly if the motorcycle is kept inside a house and 'B' break the door to get in, both 'A' and 'B' will responsible for burglary, for burglary is is the probable consequence of the act of stealing the motorcycle. W1A004T INTRODUCTION The quotation can be summarised as "the display of gods in a shop with a marked price upon them implies the right of the shopkeeper to select his customers". In analysing the question, one can find that it revolves around aspects of offer and invitation to treat. Offer is said to be the final and clear expression of willingness by the offeror to be bound. The Law of Contract Ordinance defines offer under section 2 (1) (a) as "When one person signifies to another his willingness to do or to abstain from doing anything with a view to obtain the assent of that other to such act or abstinence, he is said to make a proposal." An offer may be made to a particular person or persons or it may be made to the world in general, in neither case however will there be an agreement until a particular person or persons accept. When the other person has signified his assent to the proposal or offer then the offer is said to be accepted. Therefore, there is an agreement between the parties, that is there is a contract . Treitel urges that offer is an expression of willingness to contract on certain terms, made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed. That is the offeror must be willing to be bound by the terms he has proposed. Invitation to treat is said not to be offer for sale, it is an attempt to induce an offer for sale. In Patridge V. Crittenden, the appellant had inserted in a periodical entitled cage and Aviary Birds a notice 'Bramblefinch cocks and hens 25s each', it appeared under the general heading of 'Classified Advertisements' and the words 'Offer for sale' were not used. He was charged with unlawful offering for sale wild live bird contrary to the provisions of the Protection of Birds Act 1954 and was convicted. The divisional court quashed the conviction because there had been no offer for sale. In this case Lord Parker said that, when one is dealing with advertisements and circulars unless they indeed come from manufacturers, there is business sense in their being construed as invitation to treat not offers for sale. Unlike an offer which is the final, firm and clear expression of willingness by the offeror to be bound, an invitation to treat does not express final willingness by the invitor to be bound in those terms. The invitor merely proposes terms on which he is willing to negotiate and invites any person to make an offer in the terms he has proposed. He reserves the right to reject or accept the offer. When a shopkeeper display his goods in a shop-window or <-_in><+_on> the shelves with a marked price, he is said to make invitation to an offer and he is not bound himself to sell at that price. When a customer buys the goods, he is making an offer in which the invitor or the shopkeeper may accept or refuse the offer as he wishes. Comparing the two definitions, that is of offer and invitation to treat, one finds that Winfield treats the concept of display of goods for sale as a mere invitation to treat and not offer for sale. WHETHER DISPLAY OF GOODS FOR SALE IS TREATED AS MERELY INVITATION TO TREAT OR AN OFFER. THE POSITION AT COMMON LAW. As a general rule, the display of price marked goods in a shopwindow is not an offer to sell goods but is an invitation to a customer to make an offer to buy. When a customer buys the goods, he is said to make an offer to the invitor. In Fisher v. Bell, Bell was charged with offering for sale a flick-knife in violation of the Restriction of Offensive Weapons Act, 1959, the relevant provision of which provided in part "Any person who manufactures, sells, hires or offers for sale or lends or gives to any person.... a flick knife shall be guilty of an offense". The trial court decided that there had not been an offer for sale of the flick-knife. On appeal to the Queen's Bench it was held that in the absence of a definition of "Offer for sale" in the Act, the words were to be construed as they are in the law of Contract. The court observed that, it is clear that according to the ordinary law of contract, the display of an article with a price on it, in a shop window is merely an invitation to treat. It is no sense an offer for sale the acceptance of which constitutes a contract. Similarly, the display of goods on the shelves of a self service shop is merely an invitation to treat, the customer makes an offer to buy, when he carries, the goods to the cash desk, where the shopkeeper may accept or reject it. In the case of Pharmaceutical Society of Great Britain V. Boots Cash Chemists (Southern) Ltd, Boots Company which operated a self service shop in which certain drugs specified under the Pharmacy and Poison Act, 1933 were displayed with price attached, was charged with selling drugs and contravention of the laid down procedure. The law required the sale of drugs to take place under the supervision of a registered pharmacist. The defendant company had devised self service system in which the customer having selected the articles which he wished to buy and placed them in a wire basket, had to pass by one of two exits, at each of which was a cash desk where a cashier was stationed who scrutinized the articles selected by the customer assessed the value and accepted the payment. In every case involving sale of a drug, a pharmacist supervised that part of the transaction which took place at the cash desk and was authorised by the defendant company to prevent, if he thought fit any customer from removing any drug from the premises. In this case the Pharmaceutical Society argued that the defendant by devising self-service system, they were making an offer to sell and the customer accepted the offer when he picked an article from the shelf and put it in the basket and the contract of sale was concluded. The registered pharmacist who was placed at the cash desk did not therefore supervise the sale. The court observed that, the self service system was a "Convenient method of enabling customers to see what there is and choose and possibly put back and substitute articles which they wish to have and then to go up to the cashier and offer to buy what they have so far chosen". That being the case, it held that the self-service system did not amount to an offer by the defendant company to sell but merely an invitation to the customer to offer to buy, such an offer was accepted at the cashier's desk under the supervision of the registered pharmacist. The indication of the price at which petrol is to be sold at a filling station is treated as an invitation to treat. The offer is made by the customer and may be accepted by the seller's conduct in putting petrol into the tank. Referred in the case of Esso Petroleum v. Commission of Customs and Excise. The importance of the distinction between an offer and invitation to treat under the common law position is rooted <-_on><+_in> accounts of freedom of an individual to deal his properties in the manner he likes. Thus Winfield says that "If the display of goods were an offer then the shopkeeper might be forced to contract with his worst enemy, his greatest trade rival and reeling drunkard, a ragged and verminous tramp. That would be a result scarcely likely to be countenanced by the law. THE POSITION IN OTHER JURISDICTIONS. Schlesinger has observed that all legal system under consideration has developed rules of law which determine the nature of a given proposal as an offer or an invitation to deal (treat). He goes on saying that, all legal systems seem to regard this question of display of goods in a shop, as one of construction rather than interpretation. That is why there is no agreement among the legal systems considered as to what the rule of construction should be. Therefore every country has its legal system of construing the display of goods in a shop window as an offer or invitation to treat. For instance, the French, Swiss and Egyptian legal systems construe the display of goods in a shop window as an offer if the price is marked. Otherwise it is merely an invitation to treat. It seems that in general these countries recognize the right of the shop-keeper to substitute another good or article of the same kind and quality for the particular article exhibited in the window. If the shopkeeper has no other articles of the same kind and quality, then the effect of the buyer's acceptance of the offer is the conclusion of a contract with respect to the article in the window. THE POSITION IN TANZANIA. The Law of Contract Ordinance is silent, that is there is no provision in it dealing with invitation to treat. Therefore the courts can either rely on common law per Mafuruki's case [1975] LRT 23 or develop the law suitable to the circumstances of Tanzania. But the Regulation of Prices Act 1973 together with GN 126 of 1975 seem to suggest that the display of price controlled goods with maximum price marked on it amounts to an offer. Section 20 of the Regulation of Prices Act, "prohibits selling any price controlled goods above the price fixed by the Price Commissioner. Section 20A forbids imposition of any condition when selling a price controlled item other than a condition requiring immediate payment on delivery of the item. Under GN 126 of 1976, Regulation of Prices (Prices Labels) order 1976 requires the fixing of price tags on goods displayed for sale. a> In the case of price controlled goods mark in plain figures in RED, the price at which they are offered for sale. b> For non price controlled goods marked in plain figures in BLUE and BLACK the price at which they are offered for sale. Therefore the two pieces of legislation suggest that the display of price controlled items amounts to an offer while that of non-price controlled amounts to invitation to treat. Moreover section 17 (1) of Act no. 19 of 1973 Regulation Price Act requires every trader who supplies price controlled goods to display in a language, in a prominent manner and in a conspicious position so that it may be easily read and is clearly legible to customers. This provision provides that "The Price Commissioner may by order published in the Gazette requires any trader or other person or any class of traders or persons supplying price controlled goods or rendering price controlled services to display in the order in a prominent manner and in a conspicious position so that it may be easily read and is clearly legible to customers in those parts of his or their business premises where business is done, a list of the current maximum prices and maximum hire charges for such price controlled goods as are mentioned in the order which he or they may supply or the maximum services charges for such price controlled services as are specified in the order". Therefore according to these provisions one can argue that where a trader displays a price controlled item with the maximum permitted price, he has made an offer. So in this case the trader is compelled by law to offer his goods for sale. Where there is scarcity of goods which <-_lead<+_leads> to trade malpractice, the state intervenes to make sure that the little available is equally and fairly distributed. The state also limits the freedom of an owner in disposing of his goods. W1A005T 1.0 INTRODUCTION Many acts done by individuals to fellow individuals are morally wrong and others do in fact create offences which are against the criminal law. Such offences are many and the law has set out to make several categories of them. One category relates to sexual offences in which the problem before us falls. At this juncture we do not wish to state what specific offence(s) has/have been committed by Kibonge in his bid to have sexual intercourse with his girl servant but we can certainly point out that one or two sexual offences have been committed by him. In the next parts of this essay we consider those offences and Kibonge's criminal liability. For the sake of clarity we have decided to define several concepts as we go along. 2.0 KIBONGE'S CRIMINAL LIABILITY Before we embark on discussing Kibonge's criminal liability it is pertinent to point out that the relevant law to be considered in this respect is the Penal Code, which codifies the bulk of offences in Tanzania. Chapter XV of the Code deals with offences against morality while Chapter XLI generally deals with attempts to commit offences. 2. 1 RAPE The facts of the case before us briefly re-stated are that on the material day, while his wife was away, Kibonge called his girl servant into his bedroom and wanted to have sexual intercourse with her. When the girl refused he pushed her onto his bed, tore her dress and knickers but his wife arrived before he could undo his trousers. Although these facts suggest that Kibonge had an intention to have sexual intercourse with his servant, his intention was not fulfilled. The servant refused to consent to the idea and his bid to accomplish it by force was interrupted by his wife's arrival. It means that no rape was committed. This may need elaboration. According to section 130 of the Penal Code a person commits rape if he: (1) has unlawful carnal knowledge of a women or girl (2) (i) without her consent, or (ii) with her consent, if that consent is obtained (a) by force or by means of threats of intimidation of any kind, or by fear of bodily harm, or (b) by means of false representations as to the nature of the act, or (c) in the case of a married woman, by impersonating her husband. It can be seen that Kibonge is not guilty of rape simply because he did not have (unlawful) carnal knowledge of the <-_girls><+_girl> servant. This leaves us to consider other possible offences like attempted rape and indecent assault. 2.2. ATTEMPTED RAPE Section 132 of the Penal Code makes it an offence for a person to attempt to commit rape. This is a serious offence which, just as rape does, attracts a maximum penalty of life imprisonment. Section 380 the Penal Code defines what an attempt to commit an offence generally is. According to this section, a person is quilty of attempting to commit the offence he intends to commit when be begins to put his intention into execution by means adapted to its fulfilment and manifests his intention by some overt act, but does not fulfil his intention to such an extent as to commit the offence. Attempts are technically known as inchoate crimes because the full actus reus of the principal offence i.e. the intended offence, is never reached. As such attempts create problems when it comes to the question of proof - the problems primarily resting on the question of 'the actus reus of the attempt' and not on the mens rea. But it is now <-_setted><+_settled> as what acts of an offender may be said to be sufficiently promate to the commission of the offence so as to amount to an attempt in criminal law and when can those acts be regarded as remote and mere preparation. "What constitutes an attempt in our criminal law," says one High Court judge, "has long been settled." Referring to several decisions by courts of law on the subject, this respectable judge goes on to say: I think the totality of the authorities is to the <-_effected><+_effect> that in order to constitute an attempt the acts of the accused must be such that if not interrupted they would end in the commission of a particular offence ---- In that light the courts have endeavoured to distinguish between mere preparations and acts regarded as proximate to the commission of the offence For not all of the acts that may be done would be necessary steps towards the commission of that offence. The above approach has not passed <-_uncriteised><+_uncriticised>. Mfalila, Ag.J. (as he then was) disagreed with it in the case of R.V. Andrew Avarity, case of attempted rape. He did not like the concepts of preparation and proximity in drawing a line between attempted rape and an indecent assault, his view being that the concepts were not supported by the law, i.e. sections 132 and 380 of the Penal Code. According to him all that is required for the proof in criminal law is to establish: (a) Intention by the offender to commit the offence; (b) Manifestation of that intention by embarking upon it by means adapted to its fulfilment by way of an overt act; and (c) Proof of the overt act. Despite the conflicting views one thing remains important for the determination of sufficient actus reus for attempt: the act or acts of the offender "must be of such a character as to be incompatible with any other reasonable explanation" than the intention to commit the offence alleged. In a case of attempted rape it must be shown <-_that> not only that the accused intended to gratify his passions but that he intended to do so at all costs and not withstanding any resistance on the part of the woman or girl. The second paragraph to section 380 of the Penal Code makes it clear that provided the offender commits the actus reus of attempt, it is immaterial (except as regards punishment) whether he has done all that is necessary for completing the commission of the intended crime, or whether he is prevented or <-_valuntanly><+_voluntarily> desists from fulfilling such crime. The third paragraph goes further to say that where the 'actus reus' is present the fact that the offender attempted to do the impossible does not exonerate him from being liable for attempt. Thus in Mussa s/o Said V.R the appeal against conviction for attempted theft for getting into an empty car intending to steal its contents was dismissed. Having set out the background for the law of attempts, let us now consider the case of Kibonge. There is no doubt as to the presence of meus rea i.e. Kibonge's intention to have sexual intercourse with the girl. This can be imputed from his utterance to the girl and his acts which followed after the girl's refusal to his sexual advance. The only issue to be considered is whether Kibonge intended to have sexual intercourse with the girl notwithstanding her resistance. Although there is a different view, which we shall have an occasion of considering, we answer this issue in the affirnative. The pushing of the girl onto his bed and the tearing of her dress and knickers are acts incompartible with any other explanation than that Kibonge had intended to have sexual connection with the girl at any cost, and that those acts constituted an attempt to put his intention into effect. He would have carried on to fulfil his intention had his wife not interrupted him. This interruption, however, as already seen does not make Kibonge not guilty as indicated by the circumstances of the case. Another view available in approaching this problem is when the pants-down rule is applied. The rule, announced in the case of R.V.Haruna Ibrahimu and followed with approval in several cases, is to the effect that in attempted rape cases for the accused's acts to be said to be proximate to the commission of the intended offence, i.e. rape, he must have undone his pants. If this rule is to apply then Kibonge, who had not yet removed his trousers when he was interrupted, cannot be found quilty of attempted rape as was the case in Haruna's case. In this case the accused had dragged the complainant to a ditch, placed his hand over her mouth and pulled down her under clothes while lying on <-_to><+_top> of her when <-_be><+_he> was observed by a passerby and fled. There was no evidence that at the time he fled he was undressed. It was held that the acts of the accused did not constitute attempted rape, since he had not yet undressed. Rather the acts constitute preparation for the crime of rape. While we think that the concepts of remoteness and proximity are important in deciding the guilt of an offender in attempted rape cases, we are of the opinion that the 'pants-down' rule is not a good test in drawing the line between acts remote to the offence and those proximate to it. To hold the rule as a final and condusive test in such cases will be to divorce the legal system from the expectation of the ordinary members of the society in which it operates. Further, the 'pants-down' rule cannot be given that status in a society where some members do not wear pants. To decide whether the acts of the offender are proximate to the offence intended all the surrounding circumstances of the case must be considered, and the case decided on this basis and on its merits 2.3. INDECENT ASSAULT In the preceding part we have dealt at length with attempts in criminal law and in particular attempted rape in relation to Kibonge's criminal liability. Our opinion is that Kibonge has committed the offence of attempted rape contrary to section 130 of the Penal Code. But in criminal law the same facts of a case may sometimes disclose more than one offence or support a less serious one. In such a situation the other offence disclosed may be put in the charge as an alternative, or the court may in suo motto substitute a conviction for it in proper circumstances. This can be done under the provision of the Criminal Procedure Act. In our opinion the facts of Kibonge's case also disclose the offence of indecent assault contrary to section 135(1) of the Penal Code The section reads: Any person who unlawfully and indecently assaults any woman or girl is guilty of felony--- To constitute an offence of indecent assault, which in its strict sense does not only mean physical touch of a woman or girl, the assault must be unlawful, i.e. without the consent of the woman or girl, and indecently made. An indecent assault then is an assault accompanied with circumstances of indecency on the part of the offender. Under subsection 2 of section 135 of the Penal Code and the proviso to it, it can be construed that it is a defence to a charge of indecent assault if the accused can show that the victim did actually consent to the act of indecency and that she is apparently above the age of twelve years. We need not go over the facts of Kibonge's case again to determine his guilt of indecent assault. He tore off the girl servant's clothes without her consent and with an indecent motive of having sexual connection with her against her will. As such the assault itself was of an indecent nature. There is no doubt that the offence of indecent assault is complete. In case the evidence falls short of an attempt to commit rape as suggested in the preceding part a conviction for indecent assault can be substituted. It was done in Mulira's case and Haruna's case, it can be done in Kibonge's case. 3.0 CONCLUSION What Kibonge did to his servant is not only morally wrong but also legally wrong. The whole thing evolves around the lack of consent on the part of the girl to Kibonge's sexual advance. W1A006T Introductory Remarks It appears to be neccessary first to clearify what constitutes an offence so as to be in a position to determine Kibonge's conduct vis-a-vis what an offence is. According to the Tanzanian Penal Code an "offence" is an act, attempt or ommission punishable by law. Before it can be known whether Kibonge's actions are punishable by law or not it is neccessary to scrutinise the nature of such actions. Generally , it is the state which imposes punishment upon its subjects for any wrongdoing which directly and <-_in><+_to> serious degree threatens the security or well-being of society. When Kibonge merely uttered the words seeking to have sexual intercourse with his girl-servant he demonstrated sexual unfaithfulness to his marriage. It was therefore an act of immorality, because adultery which he sought to do is a civil offence not a crime in Tanzania Mainland. But it is his wife who had a cause of action at such stage not the girl as it was still open for her to consent or refuse. Ofcourse the age of the girl may also bare other legal consequences in relation to statutory provisions. In this case the actual victim is the girl-servant not the wife. When Kibonge phisically pushed the girl onto his bedand tore her dress and knikers apparently acted more than merely interfering with her private rights. Such acts must have had harmful effects especially because they followed her refusal to have sexual intercourse. The same acts may also be immoral; in terms of traditional attitude crimes are essentially immoral acts deserving punishment. By virtue of her social status and employment relationship the servant-girl is definetely vulnerable to Kibonge's conduct, That should be looked at against the function of criminal law, that is, "... to preserve public order and descency, to protect the citezens from what is offensive and injurious and provide sufficient safegaurds against exploitation and corruption of others particularly those who are specifically vulnerable" It means, therefore, criminal acts are prohibited on the grounds of social expediency rather than considerations of any immoral nature. In order to decide which offences Kibonge has committed one need to relate his actions to elements of a crime. It is clear-from the facts we have that Kibonge's desire was to have sexual intercourse meaning that it would be neccessary to consider offences against morality such as rape, attempted rape, indecent assaults and indecently insulting females and defilement of girls. Elements of a Crime One of the matters to be considered inorder to accord criminal responsibility or rather criminal liability is to take into account elements of a crime. In the same <-_vain><+_vein> the general defence to criminal liability as well as parties to crime must also be considered in the mentioned subject-matter. It means that whilst considering elements of a crime in Kibonge's conduct the probable general defences of the same conduct must be considered jointly, for determining criminal responsibilty Without a full understanding of the nature of the crime alleged and consideration of whether all elements of that crime were present it would be difficult to attach any criminal responsibility. Then what are the elements of a crime? There is a maxim saying 'actus non fit reum mens sit rea' (an act does not itself constitute guilt unless the mind is guilty). Two elements are clearly contained in this maxim, namely, the phisical element (actus reus) which is the deed and the mental element (mens rea), that is, the condition of mind. It is contended that some writers suggest a third element to be 'absence of a valid defence'. But this semms to be covered by points considered in relation to criminal responsibility earlier mentioned in this paper. In this case Kibonge's phisical acts in those surrounding circumstances must be coupled with the condition of his mind inorder to determine if they constituted any offence to be considered. In Fouler v Padget it was observed that, "It is a principle of <-_nanural><+_natural> justice, and our law, that the intent and the act must both concur to constitute the crime! Criminal law is not just the state's right to punish persons for their conduct but such conduct, generally must be undertaken with a wicked intent or without justificatory cause. The practical effect of connecting the two elements of crime is that any alleged crime must usually be proved beyond reasonable doubt, and must have created a state of affairs which the law desires to prevent. What may the law desire to prevent in Kibonge's acts? Kibonge, in an effort to achieve his desire which he expressed verbally, that of having sexual intercourse, used phisical force by pushing the girl and tearing her dress and knickers. This was against the fact that the girl had refused to his verbatim expression of desire. Generally speaking, for a man to have sexual intercourse by force with a woman commits rape offence. This does not cover lawful sexual intercourse such as in valid marriages at least in Tanzania. (In Britain the position has changed. In 1991 the House of Lords decided that a husband can be guilty of raping his wife. See Sunday News dated 24 October l991). Even if the girl could consent by that force it would not be a true consent. In R v Jones a woman submitted because of fear of bodily injury or death and this was held to be rape. But rape requires that sexual intercourse should actually take place and intercourse is deemed complete upon proof of penetration only, which did not happen in our case, although other factors of statutory definition seem to appear. Rape is defined statutory as follows, "Any person who has unlawful carnal knowledge of a woman or girl, without her consent, or with her consent, if the consent is obtained by force or by means of threat or intimidation of any kind, or by fear of bodily harm, ..." It follows therefore that any person who attempts to do what is quoted above will be guilty of an attempted rape. There are also specific elements and tests to qualify an attempt to commit an offence which must be considered. Attempted rape As it has been noted that the penal code refers to the existence of an attempted rape offence but does not clearly define it. However, for attempts to commit any offence the definition is given in another provision. There are three things stipulated in the definition which must be fulfilled. Firstly, the prosecutor must show that a person intended to commit an offence (Pincipal). In our case it means an intention to commit rape must be shown. Secondly, this person began to put his intention into execution and such execution must manifest such intention and actually be an evidence. Kibonge's intention can be deduced from his words to the girl and his subsequent actions after the girl had refused to bow on his request of sexual intercourse. Thirdly, the execution process which <-_manifest><+_manifests> <-_the> the intention of the accused is interrupted before it is fulfilled resulting <-_to> a charge for having attempted the principal offence. In our case Kibonge's wife arrived before he was able to undo his trousers. In <-_an><+_a> nutshell, an attempt to commit a crime is an act done with intent to commit that crime, and forming part of a series of acts which would constitute its actual commission if it were not interrupted. This implies that in the concept of <-_an attempt> mensrea <-_of> an attempt is essentially that of the complete crime, which is rape in our pending case. Therefore an attempt may be proved circumstantially by evidence of the accused actions or his/her confession or direct statement of intention. In this case Kibonge's words preceding actions about having sexual intercourse can in a way be considered as a statement of intention. If it falls short of being intention, then as a motive such statement may be relevant as circumstantial evidence. After-all intention is a question of fact, it may be proved by direct evidence or may be in fact from surrounding circumstances, or even imputed on the basis that a man must be presumed to intend the natural consequences of his act. What is important is that the acts must be voluntary and the accused must have been aware that he was performing them. The only problem remaining would be the test of proximity of such acts performed to the actual crime inorder to decide if an intention was to commit such crime or another. The Test of Proximity in an Attempt For the purpose of our discussion of this case one will confine on proximity in an attempted rape in examples. There is a general rule which is actually the proximity rule in the negative form, that mere preparation for the crime is not enough. When outlining some components of statutory definition of an attempt it was mentioned, interalia, that the execution process which <-_manifest><+_manifests> the intention of the accused must be interrupted before it is fulfilled. This is where the question of proximity arises, to consider whether the point where interruption took place is sufficiently connected with such crime said to be attempted. The performance of the accused must be such that it can not be reasonably interpreted as having any other objective than the commission of the offence alleged to attempt. One may ask, in the pending case, is there no reasonable explanation of what Kibonge was doing after the girl-servant refused sexual intercourse, other than attempting to rape her. In other words can his conduct be taken as first in the series of similar acts intended to result conclusively in the crime? For instance, is it certain that had the wife not arrived he was going to undo his trousers and do other activities until penetrating his sexual organ into the girl's organ? Turner, once explained how important that an act which is proximate should indicate beyond reasonable doubt what the end which is directed, "If the example may be permitted, it is as though a cinematomatography film, which had so far depicted merely the accused person's acts without stating his intentions had been suddenly stopped, and audience were asked to say what end those acts were directed. If there is only one reasonable answer to this question then the accused has done what amounts to an 'attempt' to attain that end. If there is more than one reasonable possible answer, the accused has not yet done enough". Assuming that Kibonge was doing all his acts in a film, would the audience say he was intending to rape, or angry <-_of><+_at> failing to convince the girl to consent decided to do other expressions of that anger other than continuing seeking his initial desire. The content of Kibonge's statement may also assist in sorting out his intention, they do not (words) <-_in><+_on> their own imply insistence after refusal by the girl to have sexual intercourse. It means that they are of no conclusive value without complementary actions pointing to the same desire, and no other reasonable explanation. Perhaps one must resort to few examples of relevant case-law for more clarity. In R.V. Haruna Ibrahim the accused had dragged the complainant to a ditch placed his hand over her mouth and pulled down her underclothes while lying on top of her. Realizing that he was observed by some people he ran away. The Court decided that these acts of the accused did not constitute attempted rape, since he had not yet undressed. Rather the acts constituted preparation for the crime. Such preparations were not taken to be proximate to the actual offence. There are even examples closer to sexual intercourse by force than the above example but remain debatable. In Mulina v. R., the appellant had been convicted of the attempted rape of his employer's wife. The woman's evidence, accepted by the Court, was that the appellant entered her bedroom where she was lying reading in the bed, switched off the lights, put his hand over her mouth and other removed his shorts and lifted her petty coat, that she screaned for help, and that when a boy shone a torch into the room the appellant ran away. W1A007T ABSTRACT The purpose of this study is to investigate to what extent has multilingualism affected the use of some of ethnic languages. I have taken Kihangaza as my case study because I am its native speaker and I can see the impact. A keen interest has been focussed particularly on the reasons which bring about these <-/affections>. The question to be discussed is, where do such problems lie? Hypotheses posed have to be proved by finding out the causes of the phenomenon. My sampling has included participants who are university graduates, those who have at least acquired secondary education and youths in general. Among the graduates, students who are pursuing their studies for the award of a first degree have been also included. Interlocutors included also some elders who are about 50 years and above. These can be retired officers or not, provided they live around Dar-es-Salaam. Together with my experience and as a native speaker of Kihangaza. I have included some instruments in collecting data: these are questionnaires which will help to get genuine answers from different people, critical observation from different places and interviews. Another instrument which probably has played the greatest role has been literature review. The <-_recommendation><+_recommendations> posed are to urge all those who are involved in impairing their ethnic languages to stop at once because they are doing it intentionally. For instance, it is not uncommon to come across families where both the husband and wife are of the same tribe but using Kiswahili as their common medium. This research has mainly centred its study on Ngara district. On one hand because the researcher comes from that area and has, therefore, noticed the weakness among Hangaza speakers. On the other hand, as a linguist to be, the researcher is very much sympathetic with the ethnic languages which are at a high rate in losing their significance. As the result, therefore, his suggestions given are for finding ways of maintaining them (ethnic languages) and not killing them. TOPIC. Impact of the contact of different languages. PROBLEM. To what extent does multilingualism affect the ethnic languages? (A case study of Kihangaza in Ngara district: Bugufi division). STATEMENT OF THE PROBLEM. It has been found out that many ethnic languages might or are due to deteriorate according to language use is concerned. This has been proved by some scholars who have done some study on this area. For instance, Rubagumya (1986), sees that, due to the influence of Kiswahili in Tanzania, there is a possibility that the vernaculars will gradually be pushed from the official functions where they are now used as more and more people learn Kiswahili. In his study, he cites that most children born in urban areas speak Kiswahili as their first language even if their parents are not native speakers of Kiswahili. Hihangaza is one of those languages which have got a tremendous fall, and in the near future it might cease from its existence. This has been caused perhaps by the following reasons: - Firstly, many educated Hangaza people tend to marry from a different ethnic group. The consequence of this assumption will be that, the couple will find or look for a common medium, which automatically, will be Kiswahili. In due time, when they get children, the common medium in such a family will be Kiswahili. The second reason is that, those people employed outside Ngara (and who are very many especially university graduates and higher secondary school leavers), don't get enough time <-_of><+_for> using and putting the language into practice. This is because, so far, Kiswahili has been a national language for about twenty years. As the result of Kiswahili being a national language, it is the language which is used in offices and in all working places. In such a family, therefore, where both wife and husband are employees, their children remain with a baby-sitter. Hence, the language to be used when communicating will be Kiswahili. In so doing, their common medium will be Kiswahili. Through observation, the use of Kihangaza is declining even in certain congregations within Ngara area where only Hangaza are involved. In meeting places also, such as; marriage ceremonies, at market places or at home where groups are engaged in certain discussions, Kihangaza is rarely used. What amazes many people, in the aforementioned places, there is no common medium used, but indeed, there is one language which will tend to dominate. We cannot call it specifically that it is switch-coding but it is a matter of not getting the right vocabulary easily. This can be pointed out when you note one trying to think of a vocabulary to place and when it is proved hard to get, one places in a Kiswahili word as a substitute. The biggest problem observed has been among the youths. This group comprises of not very <-_much><+_well> educated youths but have at least visited towns either for the sake of employment or just visiting relatives. This group finds using a vernacular uncultured. People from this group find it prestigious to use Kiswahili in order to show their "have been-to" status. Madoshi (1991) in his study includes soldiers who had gone to wars, and girls who had been married to other different ethnic groups especially the coastal areas and Zanzibar. When these people returned to their home areas, they tended to isolate themselves, and mostly used Kiswahili to show their "have been-to" status. The fear I have in mind; Should we leave our ethnic languages to die? Are they not important? Khamis (1974) explains the relevance and importance of maintaining our ethnic languages. Our ethnic languages according to his study have a lot to do in our societies. He cites that, "Tribal languages need not die, they are a reservoir of the values and attitudes that shaped our present" Khamis's argument is highly supported because every new thing has got its start. We cannot begin anything from the air. That is why we have got historical museums in many parts of the world. After all, vernaculars have their places and roles in the society as Sutherlins (1962) argues, "English is appropriate for official business, use with foreigners and politics, Kiswahili is the language for other people. "The masses" and the vernacular is for relatives and at home." On top of Sutherlins' argument, vernaculars have, something to do with intimacy. Then, is intimacy a bad or unrequired habit? That is why perhaps intimacy in our societies seems to have been impaired. The aim of this study, then, is to scrutinize the sources of these problems. If possible, the researcher will suggest the best ways of trying to maintain the vernaculars which are to the point of death. BACKGROUND TO THE PROBLEM Tanzania is a big country in size and her population is also vast. She has more than 120 ethnic groups. Some groups have similar languages or rather, they can understand each other. Examples of such groups are: Sukuma/ Nyamwezi/ Sumbwa; Hangaza/ Shuli/ Ha; or Haya/ Zinza/ Nyambo. However, each ethnic group asserts to have its own language. This is perhaps because every group has its own culture and it is self sufficient as far as culture is concerned. Culture and language have a kind of cor-reference as Sapir (1964) argues: "Language is primary a cultural and social product and must be understood as such." This argument is also developed by Ikaner (1974) when he says: "Language is inseperable from social life and this necessitates philology approach." These arguments lead us to the conclusion that, every society must have a common code which enables them to communicate and which is quite potential with regards to its speakers. Before the colonial era, each ethnic group used its language to combat its environment. Matters concerning trade, social needs and all cultural activities were performed thoroughly well in their ethnic languages. However, neighbouring groups could speak each other's languages whenever circumstances necessitated. This would have been the first birth of bingualism and multilingualism in Tanzania. This usage of different languages by neighbouring groups interchangeably is still practised up to now. For instance, people at the boundaries do speak both or all languages found in their areas. At Mutukula, for example (this is the area at the boundary of Uganda and Tanzania), people from each side can speak both Kiganda and Kahaya. We can also cite a similar example at a district level. At the boundary where Geita and Biharamulo meet, people around that area can speak both Kizinza and Kisukuma. All examples mentioned above are elements of bilingualism and multilingualism. Things became worse at the intrusion of the colonialists. As early as 13th century, some of the Arabs and other foreigners had already penetrated the mainland of Tanzania and had gone as far as Sofala in search of trade. Similarly, some had crossed the mainland of Tanzania (then Tanganyika) through Tabora to Kigoma up to Zaire (then Congo Kishansa). All these routes and caravans had the same purpose: trade. With them, (these travellers), they carried a language with which they could communicate. It must have been Kiswahili because these traders had stayed at the coast as early as the thirteenth century, and the language used at the coast was Kiswahili. The coming of the missionaries <-_were><+_was> on the front part in spreading Kiswahili. Could we think of any medium which they used to communicate with the natives? People like Krapf, Rebmann and Livingstone were here as early as the 19th century, what language did they use to farmiliarize themselves with the natives and African chiefs alike? In the contact with foreign religions, many Africans were easily converted. Religion played a great part in spreading Kiswahili. In many places where the missionaries put their centres, especially for protestants, it is Kiswahili which was widely used. Now, since many people wanted to be converted and taste that new faith, there was a sort of an obligation of learning Kiswahili. Madoshi (1971) discusses this issue fully in his study of the spread of Kiswahili in Mara region. Furthermore, the missionaries required people who could help them in evangelical work. Colonial administration, especially during German era in Tanzania, was another agent which necessitated wide spread of Kiswahili. There was a very high demand <-_of><+_for> junior officers: Clerks, teachers and workers for other minor jobs. By that aspiration, therefore, the natives had to learn Kiswahili vigorously so that they <-_can><+_could> acquire those white-collar jobs. This argument is pointed out by Wright (1965) when he says: "From 1890 as the vehicle of political communication with the ruled in <-_Germany><+_German> territory, it became the language of power. The most outstanding official support for the spread of Swahili through employment of Swahili speaking Africans - As political agents, teachers and civil servants." With colonial administration, then, formal education found its roots. The natives struggled to get this kind of new education, and it could not be achieved without learning Kiswahili since it was the only means of instruction. Kihangaza is one of the languages which had suffered the same fate. It is a language spoken in Ngara district: Bugufi division. During the pre-colonial era, it served the community's needs in all aspects, economic purposes and social needs. For Ngara, there were <-_no><+_not> many merchants who penetrated there compared to places like Tabora and Kigoma which were the central routes for Arabs' caravans and other merchants for business purposes. This was because most of the phenomena concerning trade were done with their neighbours such as Burundi and Rwanda. The Hangaza people could also trade within the country with their neighbours. These were mainly the Shubi from the same district, albeit from a different division, and the Ha from Kigoma. For the above mentioned neighbours, there was no problem with code-switching because communication could be carried easily as their languages seem to be similar. They share many common vocabularies. Kihangaza is grouped in the Bantu family. According to Guthrie (1948), the language is classified under group 60, Zone D.65. Other languages grouped with it are: Nyarwanda, Rundi, Fuliro, Subi, Ha and Vinza. However, some recent scholars such as Nurse and Phillipson (1980), have classified it under Lacustrine group. W1A008T 1. INTRODUCTION Marriage being as old as humankind is the initial stage or proceeding action or inception on creation of a family as a social institution. Engels during studies of early pre-capitalistic societies disclosed that the background of early families was non-existent since the modern <-_forms><+_form> of marriage was not practised. In his studies he found that the mother was the one who became the centre of the family; therefore the responsibility of upkeep and maintenance of children was vested upon the mother. But later on, when the societies started settling down into primitive communities, monopoly and specialization of partners flourished, hence paternity emerged. For example it was not until the 12th Century that in Europe the Christian societies formulated the marriage laws so as to solve inheritance problems and squabbles which were becoming the order of the day at that time. This part of essay is a brief description of the background information of the origins of marriage which is the subject of the discussion. The project work or essay will examine, explore and ultimately indicate as far as possible, on basis of observations, established marriage patterns in Tanzania and their inevitable changes evolving within the society especially in Dar es Salaam city. In order to discuss these changes it is also essential to explain the reasons behind them. The paper will start with defining the concept of marriage, description of marriage patterns worldwide, then the main subject of the essay which description of established marriage patterns in the country and changes in Dar-es-Salaam, reasons and lastly conclusion. 2. THE CONCEPT OF MARRIAGE Marriage denotes mating arrangements in a society with special reference to the institutionalised relationship of husband and wife, and the ceremonies which establish such relationship (Kolb & Gold: - Social Science Dict.). In the ordinary usage marriage is the act that allows a man and woman to cohabit generally with the intention of founding a family, and some distinction can be made or drawn between marriage and other sexual <-_union><+_unions>, qualifiable as pre-marital, extra-marital, adulterous etc. This distinction is important to the definition of marriage because mere casual commerce, without the intention of cohabitation and bringing up children would not constitute marriage under any supposition (Burrows, 1944 p.331). However in modern time <-_societies><+-societies'> mating arrangements have been diversified extensively hence marriage is left undefined but used as pointer term to several features found in various combinations of different societies; therefore marriage may have all or some of these functions that range from establishing the legal status of children of the parties of marriage, transferring of rights to each of the parties in terms of domiciliary, the sexuality of each other, division of labour among parties and property. Other functions are establishing a joint property fund for the benefit of children of the marriage; establishing an alliance of affinity between kinsmen of the parties and giving public recognition of the relationship. Again the concept of marriage can be defined as a socially acknowledged and approved sexual union between two adult individuals (Giddens, A: 1989). When two people marry they become kin to one another; the marriage bond connecting together a wider range of kinspeople; ie parents, brothers, sisters and other blood relatives become relatives of the partner through marriage. Looking closely at these definitions marriage as the background information uncovered is strongly reflected in the formation or founding of the family; therefore it is also important define a family. Family is an elaborate system that regulates sex and reproduction; and provides for inheritance, ritual assistance and performance of ceremonial duties; therefore it is now possible to derive a general definition as a state of being united to a person of opposite sex as husband or wife voluntarily with the aim of creating a family; a process which ultimately<-_ impose><+_imposes> the controls on sexual relations, reproduction, provision of inheritance requirements, mutual assistance and the ensuing ceremonies. After defining marriage generally or worldwide it is now also important to look at the Tanzanian definition as per the marriage Act of 1971 (section 16) which states that marriage is a voluntary union of two spouses of opposite sex ie. man and woman as husband and wife. Again section 167 of the Act expresses that the aim of marriage is the controlling of sexuality and hence founding a family, provision of home for marriage children at young age. This marriage Act in this section goes on stating the rights and obligations of each spouse in marriage (partners of marriage in Tanzania are equal acc. to the Marriage Act 1971). This same section 167 also explains <-_about> the marriage patterns. 3. MARRIAGE PATTERNS WORLDWIDE Marriage patterns worldwide can be divided into two types <-_on><+_or> forms. (Leslie, et al: 1976) One of the two types is Monogamy and Polygamy . Monogamy is the marriage whereby a spouse is allowed or legalized to get married to only one partner at any one time. This is the most common pattern of marriage in <-_the> Western societies. In Western societies, marriage and therefore the family is associated with monogamy (Giddens, A: 1989). In these societies it is illegal for a man or a woman to be married to more than one spouse at any one time. However monogamy is not the most popular pattern in other parts of the world as a whole. In the case of Western countries it is a breach of Law to marry while married; a spouse may be charged and can be convicted of bigamy and adultery. The second form or pattern is called polygamy. Polygamy refers to a normative system in which multiple spouses are preferred and allowed by Law (Leslie, et. al. 1976). In this pattern the spouse being a man or a woman is allowed socially to acquire several marriage partners. Under polygamy there are two forms which are polygyny and polyandry. Polygyny is the form of polygamy which allows a husband to marry several wives; while polyandry is that a woman is allowed to possess several husbands. In the case of polyandry marriage which is much less common in the world; have good examples are of the Todas society of Southern India (Giddens, A: 1989) and Nayas Society of Southern India also whereby a woman lives with several husbands. Most important feature <-_is><+_of> this type of polygamy is that the husbands are usually uninterested in establishing the biological paternity hence the biological father is not known; however sometimes these fathers are allowed to establish paternity by presenting the pregnant wife with a toy arrow and bow. Another feature is that polyandry exists in societies which are very poor ie. living in extreme poverty; because the practice encouraged birth control. Polyandry in some instances is allowed among brothers so that they keep property intact and pass it without fuss to next generation, a case in the Tibetan society (Giddens, A: 1989). Polygynous marriage, another type of polygamy is the most popular and common marriage in the world; especially in the Moslem societies, early Jews and most countries in Africa South of Sahara. There is a striking feature in these societies that most men have <-/infact> only one wife; since the ability or possibility of having multiple wives is entrenched by status of the individual; where there are no restrictions, sex ratio and economic capability . Polygyny normally links two or more nuclear families of <-_precreation><+_procreation> through a common husband (Haralambos, M & M. Holborn: 1980). Polygyny alters division of labour, between men and women, affects the status of women and inheritance. In these polygynous marriages wives can sometimes live together or have separate households. The husband in any of these cases will have a primary home but will be making sleeping rounds in each wife's house. The co-wives are outwardly expected to co-operate and be friendly; However in many instances the situation is one of tension and rivalry. In some societies the term co-wife depicts rivalry or jealousy (Maquet: in Giddens A: 1989). This tension and rivalry is controlled by system of <-_hierarchial><+_hierarchical> grading of wives from senior to junior or new. All in all these marriage patterns in the world as a whole are also affected by some factors which <-/catalyize> changes. Some of the reasons towards these changes are Socio-economic, education etc. The new forms of marriages world wide include living together, or co-habitation, Group marriages, communal living and open marriages. 4. MARRIAGE PATTERNS IN TANZANIA In Tanzania there are two marriage patterns (Lupilya: 1992) referring to the marriage Act. of 1971 these marriage patterns are the same <-_to><+_as> those which are known internationally ie. monogamy and polygamy. Monogamy in Tanzania is associated with Christian and Hindu marriages whereby the Act requires a Christian or Hindu to marry only one spouse at any one time; (Rwezaura: 1982) however a good number of members of other religious sects as well as non-believers favour this monogamous pattern possibly due to economic capacity. Monogamy <-_encourage><+_encourages> creation of nuclear family in Tanzania especially in urban areas where couples work away from their place of origin. Polygamy in Tanzania is only one form which is polygyny (Rwezaura: 1982). Also in reference to the marriage Act 1971. therefore polygyny is the only official accepted form polygamy . In Tanzania it's only man who is allowed to marry more than one wife. Polygyny in this country gives room to Moslems to marry up to four wives at a go but to an infinite number for traditional polygynist. The <-_moslem><+_Moslem> religion <-_sanction><+_sanctions> the members the "privilege" of marrying four wives simultaneously while non-believers or traditional <-_polygynist><+_polygynists> do so due to prestige and wealth especially the wealthy cattle owning societies; where rich men marry up to forty wives (Lupilya: 1992) good examples are the Gogo, Maasai, Sukuma Kurya etc. . In these ethnic groups men become polygynists at <-_the><+_an> older age when they have acquired enough wealth for this endeavour; it can be summed up that the officially established marriage patterns according to the Marriage Act of 1971 are monogamy widely practised by all groups ie. Christians, Moslems, Non-believers and Hindu while polygamy in form of polygyny is practised by Moslems and non-believers or traditional <-_polygynist><+_polygynists>. 5. CHANGING MARRIAGE PATTERNS IN DAR ES SALAAM These established marriage patterns in country particularly in Dar-es-Salaam are crumbling due to several reasons. These patterns are now encountering a lot of changes because of <-_these><+_the> various forces mentioned and discussed hereunder. Firstly; the social factors which range from presence of <-/heterogenous> society to exposure to modern or Western cultures have played an important role in disruption of these marriage patterns. The residents of Dar-es-Salaam city at the moment come from all over the country ie. it is almost 100% possible that every ethnic group of over 100 tribes is represented in Dar-es-Salaam. This heterogeneity of society is boosted more by exposure of the population to modern values from Western countries poses a very complex situation whereby the important socio-cultural controls <-_is><+_are> lacking; since there is a high breed of culture in this juncture. Secondly; some economic factors such as poor income <-_to><+_of> young men put them into poor position to marry and accommodate the burden of a family; hence not able to propose formal marriage . Another economic factor is emergence of rich women who are able to handle their lives without any association of a husband; because these rich women can just bear children and keep them up without any problem. Also harsh conditions especially in the rural areas tend to encourage youths of both sexes to come to Dar-es-Salaam in search of greener <-_pastured><+_pastures> but in vain ; This factor leads female youths to be lured by loose rich polygamous <-_husband><+_husbands> to fake marriages. Another factor is education and knowledge which has been also strongly responsible for these changes. Education or empowerment of women ie. Gender education or equal opportunities to both sexes have encouraged women to acquire more freedom of thought and decision making. This situation has its share in disruption of these marriage patterns since these learned women now feel that there is no need to slave under a husband because it is possible have children without marriage rituals; these women choose to live independently. W1A009T AIM OF THE PROJECT Rape is one among the statutory offences which <-_in> all over the world is a criminal offence, having the severe punishment of life imprisonment if one is found guilty. However most of the cases which are tabled before the court of law have proved difficult to prove the comission of rape within the meaning of the statute. This being the case, the accused person tends to have the benefit of doubt which <-_result><+_results> <-_into><+_in> the alteration of attempted rape or indecent assault. Therefore the aim of this project is to show what may happen when rape or attempted rape is not proved. INTRODUCTION Cases of rape are nearly reported everyday and people wonder why this <-_happen><+_happens> despite the serious punishment provided by law. The reason behind <-_of> cases of rape could be the behaviour of the <-_woman><+_women> and girls in the society due to the social changes and personal needs. Some people are of the opinion that male dominance and female vulnarability in the society is the reason. This makes men believe that women's bodies are men's properties. Taking this for granted and the <-_less><+_little> punishment imposed by court, the rapists seemened to be not afraid of nine months or three years imprisonment in case things go wrong and caught by the arm of the law. In this project, I will discuss the offence of rape and show the required elements which are necessary as far as rape is concerned. In part two I will discuss the offence of attempted rape by considering its actus reus and mens reas. I will show how the offence is constituted and what may happen if the prosecution side <-_fail><+_fails> to prove the offence. Part three of the project will visit the offence of indecent assault. In this part, assault will be discussed in few lines before looking at how the offence of indecent assault is committed. Then comes the fouth part which is the hypothetical question. In this part I will form issues and try to decide whether the facts in Kibonge's case <-_ammounts>>+_amount> to rape, attempted rape or indecent assault. And lastly, but not least, I will show why Kibonge can not be convicted of rape or attempted rape but can be convicted of indecent assault. Lastly I will comment on the imposition of sentences to these moral offences and then conlude. DEFINITION OF RAPE The offence of rape is defined by Tanzania Penal Code. "<-_Ay><+_Any> person who <-_have><+_has> unlawful carnal knowledge of a girl or woman without her consent or with consent, if the consent is obtainwd by false or means of theats or intimidation of any kind or by fear of bodily harm or by means of false representation as to the nature of the act or in the case of a married woman by personating her husband, is guilty of the felony termed rape" I ELEMENTS OF A CRIME ACTUS REUS For any crime to exist two elements have to be proved before the accused person is found guilty <-_for><+_of> a crime. As for actus reus, it must be proved that the accused person had done an act, attemt or omission which is prohibited by law. MENS REAS As for the mens reas which is the guilty intent in the mind of the wrongdoer of doing something forbiden by law, the act should occur dependant to the state of mind and with consciously, with willful mind and motive to express the act in question. Therefore, exept in certain <-_situation><+_situations>, no accused is guilty of a criminal offence if there is not mens reas, As the Latin phrase says. "Actus non ficit reuminisi mens sit reus" which means the act itself does not constitute guilty unless it is done with a guilty intent. ACTUS REUS AND RAPE The crime of rape is established by having unlawful carnal knowledge of a woman or girl without her consent. However there are other elements which must be proved beyond reasonable doubt, before convicting an accused person of rape. Failure oof sufficient evidence may render the offence to attempted rape or indecent assault. In Kadege V R it was held that in a case of rape there must be evidence of penetration of penis into the vagina. In this case the accused was convicted of rape. The complainant said:- "The accused threw me to the ground and threatened to killing if I tried to raise an alarm" She then said that she had been raped, but tha appellate Court found no evidence as to what the complainant meant. It then ordered retrial. MENS REAS AND RAPE In criminal offences the state of the mind of the accused person must be considered. In case of rape the accused person must know that the complainant did not consent. Stephen, wrtting on this consideration of the mental state of the wrongdoers, writes "The <-_reason><+_reasons> for imposing this great leading restriction upon the law are obvious. If it were not so restricted it would be uttery intolerable, all mankind would be criminals and most of their lives would be passed in trying and punishing each other for the offences which <-_cold><+_could> never be proved" WHAT <-_CONSTITTUTE><+_CONSTITUTES> RAPE The crime of rape constitute of having carnal knowledge of a woman or girl without her consent. There are however essential elements to be proved before cnvicting an accused person of rape. Similary, it must be proved beyond reasonable doubt that woman's consent, free and conscious permission have not been obtained. There must also be evidence as to the insertion of male genital organ into that of female. English Sexual Act provides "It shall not be necessary to prove completion of the intercourse by the emission of seed, but the intercourse shall be deemed complet upon proff of penetration only" Since the offence is against the consent of the victim, consent by fear is no consent in law. False representation also constitutes rape. In R v Dee the accused had personated the <-_complainant><+-complainant's> husband after knowing that the said husband had gone <-_for> fishing. The accused had sexual intercourse with the complainant before she realised that the person was not <-_his><+_her> husband. The Court convicted the accused of rape. All in all no person can be convicted of rape unles there is evidence of negative consent and even the slight penetration of male genital organ into the female one. ATTEMTED RAPE DEFINED Tanzania Penal Code Provides "When a person intending to commit an offence, begins to put his intention into execution by means adopted to its fulfilment and <-_manifest><+_manifests> his intention by some overt act, but does not fulfill his intention to such extent as to the offence, he is deemed to attempt to commit the offence" The statute also <-_enact><+_enacts> for the offence of an attemted rape "Any person who <-_attempt><+_attempts>to commit rape is guilty of felony and is liable to imprisonment for life with or without corporal punishment" Cross and Jones say that for a person to be convicted of attempt to commit an offence, it must not only be proved that the accused had an intention to commit the offence but also has done an act which <-_constitute><+_constitutes> the actus reus of a criminal act. This being the case, to convict someone of attempted rape it must be shown that the accused had intent to rape and had also done an overt act. MENS REAS IN ATTEMTED RAPE In attemted offences the mental element <-_assume><+_assumes> paramount importance since the actus reus may be perfectly innocent and harmless. Horgan's example can illustrate this point. In the situation where a person intends to murder another by putting sugar in his tea believing that it is not sugar but a deadly poison. ACTUS REUS IN ATTEMTED RAPE As for actus reus of attempt the Court must decide whether the <-_accused><+_accused's> conduct is in law capable of constituting an attemt. This has led to <-_dificult><+_difficulty> in trying to distinguish the acts into mere preparatory, remote and proximity. WHAT CONSTITUTES ATTEMTED RAPE The requirement in section I32 and 380, to establish the offence of attemt as Mfalila said in Andrew Avarity v R is to prove a) Intention by the accused to commit the offence. b) Manifestation of that <-_off> intention by embarking upon it by way of an overt act. c) Proof of the overt act. This being the case, the conviction of attempted rape will be passed if the aforementioned elements are proved in the charge of attempted rape. Thus Mfalila upheld the conviction of attempted rape in Avarity v R INDECENT ASSAULT Cross and Jones in their book say that indecent assault is assault accompaned by indecency. In regards to assault they say that it is unlawful display of force against another in such a way that he creats in the <-_minds><+_mind> of that another person the belief that force is about to be used against him. Indecent assault as it has been held by the Coutr of Appeal includes. " A battery of touching and phisical assault without Touching" From these facts it is clear that the offence is only committed when the accused person does something to the complainant or causes him to apprehend that the accused was going to do something. Thus in Gaminye Melau v R the accused/appellant was convicted of attemted rape but his acts of yhrowing the complainant threating her with knifi, tearing her <-_underpant><+_underpants> and lying on top of her were only held, in appeal, to constitute indecent assault. ACTUS REUS IN INDECENT ASSAULT The actus reus of insecent assault is the creation in the mind of the person <-_indecent><+_indecently> assaulted, of a fear that force is about to be used unlawully. Hence it must be shown that force has been used or threatened to be used. MENS REAS IN INDECENT ASSAULT In charge of indecent assault the prosecution must prove to the satisfaction that a) The accused person intetionaly assaulted the victim b) The assault or circumstances <-_accompaned><+_accompanying> it are capable of being considered by right minded person as indecent. c) The accused intended to commit such an assault. "WHAT CONSTITUTES INDECENT ASSAULT The offence is first of all done against the will of the victim, this presurpposes negative consent. In the charge of attempted rape, the Court tends to clasify the overt act <-_into><+_as> proximity, remote <-_and><+_or> prepartory act. If it is shown that the act is preparatory the Court will bring about the verdict of indecent assault and not attempted rape. In R v Salum Abdalah the accused was found lying on top of the complainant who believed that she had been <-_sexual><+_sexually> assaulted. The evidence showed no evidence of rape. The Court convicted the accused of indecent assault and held that in rape there must be evidence of penetration of male genital organ into that of the female. In this part of the project I will identify the facts of the case and form issues which could be tabled before the Court of law. The facts of the hypothetical case are as follow. Kibonge called his girl servant into his bed room and said he wanted to have sexual intercourse with her. When the girl refused he pushed her onto his bed, tore her dress and knickers but before he was able to undo his trousers, his wife arrived. The first question to be ansered is whether Kibonge has committed any offence. To this question the answer is in afirmative. Section 5 of the Tanzania penal code defines an offence as an act, attempt or omission punishable by law. Therefore the act which Kibenge did is punishable by law hence he has committed an offence. The next question, after knowing that Kibonge ha comitted an offence, is which offence has Kibonge committed? In trying to know the ioffence which has been committed by Kibonge, we must first of all, and the most important step, form issues which I will be answering them until I come to the conclution. The issues to be considered are :- I) Whether the facts in Kibonge's case ammounted to rape. 2) If not, Whether it ammounted in law, to attempted rape. 3) If not, Whether it ammounted to indecent assault. W1A010T The work which I have been assigned to do concerns the murder case. That being so, it is only High Court of Tanzania (for the case of our country) according to S. 197 of the first schedule of the Criminal Procedure Act, 1985, which has the original jurisdiction for such a case and not any court which is lower to it in the hierachy. I being the judge of The High Court, have the jurisdiction to proceed with such a case. Before me is the accused called Rajabu who is charged with murdering his wife due to the fact that he had a habit of beating his wife frequently and also the medical evidence taken after the death of the wife, shows that, it is one of the beatings of the accused to the deceased which caused the death. Therefore it is my duty to look upon the facts so as to come to a conclusion, that is convicting or acquitting Rajabu. The accused had the habit of beating his wife from time to time. He once beat his wife in June 1988 into unconsciousness and fractured her skull. He was charged with assault causing bodily harm and imprisoned for two (2) years. In July 1989, the accused again beat his wife, bruised her face and head. In September 1989, the wife developed traumatic meningitis and died in October 1989. By that time the marks of the injuries inflicted in June 1988 had disappeared, but the medical evidence showed that the fractured skull <-_is><+_was> the main cause of the death. Since this is a murder case, elements of murder must be well observed. First of all there must be a dead body (corpus delicto) and another thing is that malice aforethought must also be present. Causation meaning, what must be caused in some acceleration of death is also a vital element. The issue of causation must be looked upon very well in this case. The sole issue is whether the death occured as a result of the injuries inflicted by the accused. We must also look whether the death occured within the limitations of the law, that is to say, death occured within the period of one year and a day. If all these issues can be proved, the accused is deemed to have caused the death. According to the law, murder is described in Section 196 of Tanzania Penal Code, which states that "Any person who of malice aforethought causes the death of another person by an unlawful act or omission is guilty of murder." On top of that S. 197 of the very statute gives the punishment of murder which is to be sentenced to death. The section says, "Any person convicted of murder shall be sentenced to death." Under the Common Law murder is defined by Coke as, "<-_Is> when a man of sound memory, and of the age of discretion, unlawfully killeth within any country of the realm any reasonable creature in rerum natura under the King's peace, with the malice aforethought either expressed by the party or implied by law, so as the party wounded or hurt , etc. within a year and a day after the same." This being so, the next matter is whether Rajabu has done so in this case. As I have pointed out in the facts that Rajabu once beat his wife into fracturing her skull and also beat her again to bruise her face and head , this clearly shows me that, the accused had the habit of beating his wife. According to the Expert Evidence which in our case is the evidence given by the medical officer, the fractured skull is the main cause of the death. This is evidence of his previous behaviour. The leading authority here is the case of John Mukindi V R. In this case the death was caused due to severe beating and defence was that, the death was due to accident. The appellant had a habit of beating a small boy Juma. One day he beat him to death whereby the medical evidence disclosed that the cause of the death was cerebral haemorrhage. The Medical Officer explained that, the fresh <-_bruishes><+_bruises> indicated that there had been a fresh blow which caused fresh haemorrhage and that, acting on top of the old haemorrage was the immediate cause of death. In the case of Makin V Attorney General for New South Wales (1), the principles which govern the admissibility of evidence of similar offences are found. Lord Herschell enunciated two propositions, of which the first one says, "It is undoubtedly not competent for the prosecution to adduce evidence tending to show that the accused had been guilty of criminal acts other than those covered by the indictment, for the purpose of leading to the conclusion that the accused is a person likely from his criminal conduct or character to have committed the offence for which he is being tried". Since the accused had the habit of beating the boy, the evidence of the previous beatings must be added so as to come to fair conclusion. However, Lord Herschell in the very case of Makin V Attorney-General for New South Wales (1), gave his second proposition which I must also look upon. It says that "On the other hand, the mere fact that the evidence adduced tends to show the commission of other crimes does not render it in admissible if it be relevant to an issue before the jury, and it may be so relevant if it bears upon the question whether the acts alleged to constitute the crime charged in the indictment were designed or accidental, or to rebut a defence which would otherwise be open to the accused". Taking this proposition, in the present case, where the evidence alleges that the death of the deceased had been caused by the beatings administered by the accused . Had the defence at the trial been that the accused had beaten the deceased but with innocent intention, the second principle given by Lord Herschell would have applied. Since that is not so, the second principle does not apply on the very issue. Lord Goddard, C.J in R V Hall(1), said "As soon as it becomes clear that the prisoner's defence is that the facts alleged by the prosecution have an innocent, and not a guilty, evidence may be given which might otherwise be admissible, and it is not less admissible because it shows, or tends to show, that the prisoner had been guilty of another offence". Therefore, this quotation suggests that if what the accused did was done innocently, then the charge could be different and not that he is charged for . For example if he is charged with murder, it can be reduced to man-slaughter. Due to the fact that, the accused beat his wife several times and severely, malice aforethought is well proved. For example in the case of Tunuw s/o Mnyasule V R, the malice aforethought was proved by the fact that the accused stabbed the victim several times with a knife and also by the type of weapon used. That being so, murder was proved. In another case of Cheminingwa V R, the appellant had been convicted of murder. His defence was that he was intoxicated at the time he committed the offence. The appellant struck his wife on the head with an axe inflicting injuries from which she died. The appeal was allowed in part, setting aside the conviction for manslaughter for which a sentence of 4 years imprisonment with hard labour was imposed. So here the appellant did not do the act with malice aforethought. All these evidences may lead the accused to the conviction. Before, I convict the person, I also have to look at the other side of the coin which in our case is the defensive side. At this point, we have to look clearly at the issue of limitations of the law, that is whether the death occured within a year and a day from which the accused inflicted the first injury. That being the case, the accused first beat his wife in June 1988. It was at that time when the deceased's skull was fractured. Another beating was in July 1989, but at this time, he only bruised her face and head. The wife died in October 1989, and we are told that it is the fractured skull that killed her. But what I see here, from the time of the first beating to the death of the deceased, the time lapsed is almost seventeen months, that is one year and five months. The time required by law is one year and a day as described by Section 205 of Tanzania Penal Code, Cap 16 which states that: "A person is not deemed to have killed another if the death of that person does not take place within a year and a day of the cause of death" <-_On><+_In> <-_the><+_a> trial like this, where there is <-_an> evidence that the accused had inflicted injuries upon the deceased more than a year and a day before the date of the death, and also certain further injuries within that period which tended to accellerate the death. The judge might find the accused guilty even if, he thought that the death was wholly caused by the earlier injuries. We have to look, whether the death was accelerated by the injury inflicted in June 1988, or accelerated by the <-_accused><+_accused's> subsequent violence in July 1989. If so then, the person must be found guilty since he is the causer of the death. Under these circumstances, the proper question to submit is whether the accused accelerated the deceased's death by the injuries he inflicted <-_on<<+_in> July 1989. If he did so, the fact that meningitis could have also killed her is not a defence for the charge. It does not apply where the evidence leaves it in doubt whether they would have so found and here the medical evidence established that there were no marks of previous injury, a fact which might have induced any judge to find that the assault committed in July 1989, did not accelerate the death. The leading authority here, is the case of Dyson V R. The appellant inflicted injuries on a child in November 1906, and again in December 1907, he was indicted for the manslaughter of the child which died on March, 5, 1908. The judge directed the jury that he could find the appellant guilty if they considered death to have been caused by the injuries inflicted in November 1906. The Court of Criminal Appeal set aside the convictions. "It is still undoubtedly the law of the land that no person can be convicted of manslaughter where the death does not occur within a year and a day after the injury was inflicted, for in that event, it must be attributed to some other cause." When death occurs, as a result of injury inflicted by another person, but the death does not occur within the limitation time of the death which according to the law is one year and a day from the date the injury was inflicted, unless otherwise, the person is not guilty of murder . This is a difficult case. It is with great reductance and only after considerable reflection that I have to decide the case from what other people think. According to the arguments of both sides and <-_evidences><+_evidence> before me, I find the accused not guilty of murder. Therefore, the accused must be acquitted. NT-ESS1T INTRODUCTION The rationale of the government "cut a tree plant trees" policy was put forward in 1984. That policy was very important during that time and it is still valid even now due to the fact that there is rapid perishing of forests, if that condition would remain unchecked it would lead to the formation of a desert . Government came to learn that there was over utilization of forests. People cut trees without planting new ones. This condition is called deforestation. The main cause of overutilization of forests is due to the rapid increase of population. Somebody may ask why does the increase of population affect the forests? This is because more than 90% of Tanzanians depend on forests as source of fuel in the form of firewood and charcoal. Due to the above reason, Government saw the need of find a quick solution in order to prevent desert formation. Therefore the government by using its ministry of natural resources and tourism introduced that policy "cut a tree plant trees". Also apart from desert formation, there is the need to conserve forests because they are very important as long as organisms life including man himself is concerned, forests are very important in several ways. <-_IMPORTANCES><+_IMPORTANCE> OF FORESTS (TREES) First, green plants are very important to all living organisms. Without green plants there is no life. This is because green plants are producers. That means green plants are the only living organisms which are able to convert solar energy into chemical energy during the process of photosynthesis. Then that energy from green plants is <-_transfered><+_transferred> to other living organisms. As thus we can say all other living organisms depend either direct or indirect to green plants for their source of energy. Direct dependence means those organisms which feed directly on green plants for example goats, cows and gazelle, while indirect dependence includes those organisms which feed on other organisms which eat green plants e. g. Lions, hyenas and Leopards. That energy from the plant source is utilized by those organisms in all their physical, physiological and metabolic processes taking place in their bodies . That's why green plants are termed as producers because they produce or manufacture food. Secondly, forests are important in precipitation of rainfall formation. This process occurs through evapotranspiration process. During that process soil water is absorbed by plants, then transpiration occurs and eventually that layer of water on leaves <-_evaporate><+_evaporates> to form atmospheric vapour (humidity). That humidity or vapour <-_rise ><+_rises> upwards, then due to variation in temperature eventually it condenses and forms some clouds which finally produce rainfall. therefore forests play a very big role in hydrological cycle (water cycle). Forests are important in producing forest products such as timber used for furniture making and building, also forests as raw material in paper industries, they also produce <-_gums><+_gum>, <-_tannins><+_tannin> as well as medicine. Both local and modern medicines originate from different types of trees. Trees are also very important source of fuel in the form of firewood and charcoal. Biological wise forests are very important in soil conservation by preventing soil erosion and addition of manure. That is they (forests) bind soil tightly and reduce the force of running water and blowing wind. There they prevent the soil to be washed away by those agents of erosion. Also forests leaves after falling down when they decay they form manure thus increases soil fertility. Forests are the habitats or reserves for wild animals also <-/resorvoir> of rivers. Most rivers have their sources in forests. Last but not least some trees bear fruits such as mangoes,pawpaw, guavas, oranges and other fruits which are very important sources of vitamins and minerals. For all the above mentioned <-_importances><+_importance> together with others which have not been mentioned, we can see the importance of conserving the forests. The same reasons have <-_enable><+_enabled> the government to formulate that policy "cut a tree plant trees" as one way of conserving the forests. The policy has four main objectives. The first being forest conservation, second planting trees, thirdly to find other alternatives of source of fuel instead of firewood and charcoal lastly conservation of soil MAIN OBJECTIVES In the first objective ie conservation of forests, government put much emphasis on conserving the existing forests such as Meru forest, Usa in Arusha, Magambe, Uwamforo and Longuza forests Rubya, Matogoro, and Rubare Forests; all those should be conserved. Also government tries to educate people on importance of forests through mass media such as radio and <-_magazine><+_magazines> also through different campaigns. such as "", "<-/>", " and "". All these are campaigns to educate man on importance of forests and the need to conserve them instead of destroying them by random culling and forest fire. The implementation of tree planting objective is done by forest department. The first step is planting of trees in areas which were highly affected by deforestation for example Shinyanga region. Second local governments are involved, these their main role is to educate the villagers. As thus each member of a certain village is required to plant trees around his/her house to meet fuel demands as well as building materials. Also each school or college should plant trees around their surroundings . Third objective of finding other sources of fuel, was set because in Tanzania, trees as source of fuel <-_contributes><+_contribute> 91% of fuel expenditure, Petroleum 7% and electricity only 2%. Therefore in order to prevent further destruction of forest people are <-_adviced><+_advised> to use other source of fuel such as biogas made from animal waste or <-/kerosine> oil. In the fourth objective, people are highly encouraged to plant trees in order to prevent soil erosion, especially in those areas which have highly been affected such as , Shinyanga, Kondoa, Irangi and Dodoma. Like any other policy, this policy is faced with a number of problems. The major problem being lack of enough funds also lack of enough means of transport ; as well as fewer forest <-_personells><+_personnel>. Another problem is failure to find ways of preventing forest fire. In case of funds some donors help in solving that problem by assisting in some projects such as the one inShinyanga. Those donors include DANIDA, SIDA and UNEP. DANIDA apart from assisting those large projects it also <-_help><+_helps> very much the secondary schools in implementation of that policy. SUGGESTIONS <-_On><+_In> my opinion, I think the implementation of that policy could be simplified if the government could train forest <-_personels><+_personnel> at village levels. These could live among the people and learn their problems as well as their suggestions as long as fuel problem is concerned. Through discussing it could be very easier to educate and encourage those people on importance of planting trees for their own benefit. CONCLUSION As a conclusion, I would like to <-_advice><+_advise> my fellow Tanzanians that prevention is better than cure: In order to help the coming children to find promising and conducive environment all of us should prevent the formation of desert as much as we can just by planting two to three trees after every cutting one tree. NT-ESS2T INTRODUCTION: The world wildlife means wild plants (including fungi) and animals (mammals, birds, reptiles, amphibians, fishes and invertebrates. According to World Conservation strategy (WCS) definition, Conservation means "the management of human use of the biosphere (i.e. all living things) so that it may yield the greatest sustainable benefit to present generations while maintaining its potential to meet the needs and aspirations of future generations" (IUCN 1980). So, conservation includes preservation, sustainable use, enhancement and restoration. In short, Conservation means maintenance. Habitat maintenance (Conservation) is prerequisite for the sustainable development of wild living resources. Wildlife conservation in Tanzania dates back to early <-_19800s><+_1900s>, that is, during the colonial era. The prominent conservation areas which were established during this era include Selous Game Reserve (1905), Serengeti National Park (1957) Mkomazi Game Reserve (1958), Ngorongoro Conservation Area Authority (1959) and Arusha National Park (1960) established as Ngurdoto crater National Park. The post-independence established conservation areas include National Parks like Tarangire, Kilimanjaro, Manyara, Katavi, Ruaha, Rubondo, Gombe, Mahale Mountains and the most recent (1992) Udzungwa. The Game Reserves include Rungwa/Kizigo, Saadani, Maswa, Moyowosi/Kigosi, Burigi and Ibanda. The establishment of more conservation areas and College of African Wildlife Management-Mweka was part of the implementation of the "Arusha Manifesto" by the former Tanzanian President Mwalimu Julius K. Nyerere 1961 (Appendix III). Categories of conservation Areas: There are four major categories of wildlife conservation areas namely: National Parks, Game Reserves, Conservation Area, and Game controlled areas. However, in 1980s, the world conservation Strategy (WCS) and Man and Biosphere (MAB) added two categories: Biosphere Reserves and world heritage Sites. The following table summarizes all. The wildlife conservation areas occupy 25% of the total land mass of Tanzania mainland. The sketch map to show the location of these areas is hereby attached. The government allocates 8% of its annual national budget for conservation. For example; in 1991/92 and 1992/93 T.SHs. 266,563,000 and 319,700 were allocated respectively. The Reason for Conservation The reasons for conservation of wildlife are as follows: (a) Commercial Values: Animals and fish are used as food. Some are exported and generate foreign exchange (e.g. prawns, Shrimps and lobsters). Sale and export of animal trophies such as skins, tusks and teeth. Tourist hunting (for trophy animals) which <-_generate><+_generates> a lot of foreign exchange. Live animal trade such as sea turtles, sea mammals, shell fish, birds and most land mammals. Some are exported as pets. Tourist photographic safaris in National Parks. (b) Recreational Value: This include sport hunting and fishing, game viewing, and photographic excursions in national parks and game reserves. (c) Aesthetic Values These <-_include><+_includes> <-/shear> beauty and human spirit, game viewing and bird watchers and photography in conservation areas. "World wide it is the <-/aethetic> value of wild places and animal life that becomes more important and provides an economic justification for marine reserves, national parks and Wildlife refuges" (Dasmann, 1981). (d) Ethical Values This is an obligation to conserve wild species. Reverence and respect for wild species. Their right to live. "A land ethic" does not prevent the alteration, management or use of plants and animals, but "it does afford their right to continued existence". A "land ethic" changes a person from conqueror of the natural community to a "plain member and citizen of it". "It implies respect for his fellow members and also respect for the community as such". (Leopold, 1949). (e) Scientific Values This is knowledge and understanding of many of the earth's species and the ways in which they are related in an evolutionary sense as well as how they interact to keep the planet habitable (Dasmann, 1981). Wild animals make a crucial contribution to biomedical research. The most important group is the primates due to the close relationship with human beings. The most important primates for health purposes include the rhesus monkey (Macaca mulatta), the longtail macaque (Macaca fascilucaris), the squirrel monkey (Saimiri Sciureus), the Chimpanzee (Pan troglodytes), the African green monkey (Cercopithecus aethiops) and owl monkey (Aotus Trivirgatus). The rhesus monkey is the most widely used especially for polio and other vaccines. Species with unique uses include: - Chimpanzee for research into hepatitis B - African green monkey for production of SV40 virus free poliomyelitis vaccine. - Central and South American owl monkey which is the only non-human animal suitable for malaria chemotherapy and immunology studies (Inter agency Primate Steering Committee, 1978). In developing countries, up to 70-80% depend on traditional remedies (WHO,1977). This include treatment of postnatal bleeding, diabetes, malaria, hepatitis. The herbs concerned include morphine (opium), quinine (cinchona), etc. of the 200 drugs regarded by WHO as essential (WHO, 1979) only 5 come wholly or partly from wild plants. 1. Atropine - the antidote and antismodic from Egyptian hambane Hyoscyamus muticus). 2. Hydrocortisone, an important anti-inflammatory in dermatology and ophthalmology derived from diosgenin from the wild yams Dioscorea composita and D. flaribuna in Mexico and Guatemala. 3. The general antidote ipecacuanha from wild ipecac (Cephaelis ipecacuanha) in Brazil. 4. Pilocarpine used as a miotic (to constrict the pupil) in ophthalmology in wild jaborandi (Pilocarpus) from Brazil. 5. The muscle relaxant tubocurarine, which is both synthesized and obtainable from Pareira Chondrodendron tementosum wild in the forests of Southern Brazil, Peru, Columbia and Panama (Morton, 1977). (f) Ecological values: Wildlife provides the ecological support for economic activity. Ecological support means the provision of essential ecological processes. According to the World conservation Strategy (WCS): "Are those processes that are governed, supported or strongly moderated by ecosystems and are essential for food production, health and other aspects of human survival and sustainable development" (IUCN, 1980). They include. (i) The cycling of carbon and other vital elements. (ii) The concentration, fixing and recycling of nutrients. (iii) The regulation of the Chemistry of the planet so that the earth remains fit for life. (iv) Soil formation, regeneration and protection. (v) The cleansing of the air and waters and waste disposal. Development of Science: (a) Research: Plants and wild animals are widely used as samples for various research purposes. The details concerning this aspect have been outlined under the subsection of Scientific Values. (b) Funding of research work: Part of money which is accrued from the sale of wild animals and their products is used to fund research <-_works><+_work>. This money is <-/channeled> through the Tanzania Wildlife Protection Fund (TWPF) established by an act of parliament in 1978. Economic development: Wildlife can bring two types of economic benefit: (i) Wildlife may be used directly as food, fodder fuel or fibre. (ii) Wildlife may be sold providing much needed income (especially foreign exchange). In some cases, this income is a prominent item in national budgets, even where it is negligible in GNP terms, it is generally important and sometimes vital for the communities most closely concerned with the trade. Revenue (local and forex) accrued from wild animals through direct sale of live animals, their products or different forms of tourism in our conservation areas is used to develop various sectors of our economy such as: (a) Development of conservation areas by: - building and maintaining roads and houses - boundary <-_dermacation><+_demarcation> - Water distribution in areas with scarcity by digging small (artificial) dams so as to trap rain water for animals during dry season. (b) Communication network - Building and maintenance of major Public and utility roads and railways. - Installation and maintenance of telecommunication infrastructure. (c) Industrial development: - Building of new industries - Maintenance of old/existing industries by buying and fitting in new spare parts or installation of new machinery. (d) Service Sector: This <-_include<<+_includes> health, education, water, etc. For example: Health: - Building new hospitals and dispensaries - maintenance of existing ones. - Buying hospital facilities and equipment. - Buying of drugs. Education: - building of new schools and colleges. - maintenance of existing ones. - Buying of schools facilities and equipment. CONCLUSION: Wildlife makes an important and often essential contribution to local and national economies of developing countries. Much of this contribution is difficult to evaluate and readily over looked because it is part of the hidden economy of the rural areas, informal markets or illegal trade channels. Wild resources should be conserved and developed <-_sustainable><+_sustainably>. However many are either <-/over exploited> or depleted by <-/habital> loss. Concern for threatened species can induce a false sense of security. Sometimes the species is not a risk, but valuable genotypes or other subdivisions of the species are. (Robert and Christine, 1982.) How can we best maintain and <-_sustainable><+_sustainably> develop wildlife as a resource and reconcile it with other development needs? The WCS (IUCN, 1980) proposed three main steps: (i) National and regional evaluation of the Contributions of wildlife. (ii) Conservation of wild resources. (iii) Integration of conservation with development. RECOMMENDATIONS: The world conservation strategy recommends the following measures: 1. Government should have explicit policy for the conservation of living resources, a policy that is cross-sectoral (applying to all sectors that depend on or have an impact on living resources), and concerned as much with maintenance as with production. One way of achieving this is through the inclusion of a conservation chapter in the national economic development plan or equivalent. 2. Governments should articulate a strategy for implementing a conservation policy. 3. Environmental planning needs to be greatly improved and land and water uses allocated on the basis of that improved planning. THE CONSERVATION OF WILDLIFE IS A CONTRIBUTION TO THE PROSPERITY OF ALL PEOPLES AND ALL NATIONS DEVELOPED AND DEVELOPING. (Robert & Christine 1982). NT-ESS3T INTRODUCTION To a large extent, modern world can be counted as major source of environmental pollution. The modern world is the world of science and <-_teqnology><+_technology>, this is the result of man's struggle against his environment for centuries. There has been especially in the present century, a rapid growth of technological and <-_scientifical><+_scientific> innovations. This development precipitates rapid and <-/wide spread> social change with important implications <-_in><+_for> the society. However, there can some times be unanticipated effects on the entire ecosystem. In explaining the body of this project, I will start with defining the terms; Environment, Pollution and Pollutant. Environment may be defined as consisting of all external sources and factors to which a person or aggregate of <-_person><+_persons> is actually or potentially responsive. In other way, environment is the interaction between living things and <-/non living> things. On that interaction, there are certain results which appeared partly of that which have the same characters with nature, while some of them move against <-_the> nature and these are <-/so called> "Environmental Pollution". And these particles which such a contradiction are known as "pollutants" In continuing I will mention the major forms of <-_pollition<<+_pollution> those are : SOIL POLLUTION This is a contamination of soil due to application of chemical fertilizers. Indeed agricultural development can be counted as factor of soil pollution. One effect is in the application of Nitrogen fertilizers. The most likely <-_harzards><+_hazard> is methaemoglobinaemia or the "blue baby syndrome" which <-/participaly> affects infants. It is associated with high levels of nitrates in drinking water, which also contaminated with bacteria. Another rise is cancer especially bladder cancer. Another type of this soil pollution is called "Beach <-/Erossion>". Beach erosion along the <-_Tanzania><+_Tanzanian> coastline has now reached <-_on> alarming proportions posing a threat to sustainable development. This problem was first noted in Tanzania in 1901 along the Maesani bay, Kunduchi, North of Mbweni and Baga-moyo coastal line. The following are causes of this problem. Climate change (Global warming) which results <-_from><+_in> sea level rising. The removal of natural <-_barries><+_barriers> such as coral reefs by either dynamite fishing, <-_blesting><+_blasting> mining together with <-/Mangroove> cutting. Blowing of the strong south-Eastern <-/Moonson>, which is dominant during May - October. Deforestation activities along the coastal forests. If these are not controlled the following <-_problem><+_problems> will appear. Loss of <-_habital><+_habitat> for most of coastal and beach fauna and flora. Loss and displacement of biological life in the area. Loss of most expensive and beautiful structures found along the coast and shore lines. <-/Substential> decline or possibility closure of coastal tourism industry which has several effects <-_to><+_on> country's economy. Some parts of the country, which are very important will possibly be lost like it happened to Maziwi Island in Tanga and some other areas <-_in><+_on> the islands, and in the mainland like Kunduch in Dar-es-Salaam. AIR POLLUTION This is the contamination of the air with undesirable gases, smoke and minute particles. This pollution of air is particularly by smoke and is very serious in especially those <-_country><+_countries> which have heavy industries in <-_life><+_living> areas. Major sources are: Transportation <-_equipments><+_equipment>. <-/Air craft> trains , ship and boats. Electric power and heating plants. Industrial processes. <-/Misceleneous> sources as forest fires, agriculture burning coal, waste fires and solid waste disposal. In industrial <-_smokes><+_smoke> there are two major gases which are poison to <-/humman> <-_being><+_beings>, Carbon monoxide (CO), and sulphur dioxide which causes the <-/distruction> of some amount of ozone layer <-_on><+_in> the atmosphere. This reduces the power of preventing the strength of Ultra rays of the sun. These ultra violet rays are very very hot and if penetrate in the world hemisphere in a large amount causes the environment to be very hot than usual . And results the problem which is commonly known as "Global warming" WATER POLLUTION This is contamination of water sources by unwanted materials and dead organisms. It is produced primarily by activities of man especially in his management of water resources. The pollutants may be any chemical, physical or biological substances, that <-_affects><+_affect> the natural conditions of water or it's intended use. The major pollutants are organic <-_wastes><+_waste>, living agents, plants nutrients and symmetric organic <-_chemical><+_chemicals>, oil, and radio active <-_radiations><+_radiation> materials. These are caused by domestic sewage and industrial waste. Food and paper industries are the generators of organic <-_wastes><+_waste>; e.g. Those industries which are <-_in><+_on> the shores of Lake Victoria, the waste <-_product><+_products> from these industries <-_entire><+_enter> <-_in> the lake and kill the organisms present including fish. Since fish is a great type of food in these areas people eat and are contaminated with diseases from these waste products. HOW THE PROBLEM IS SERIOUS IN TANZANIA AND MEASURES The problem in Tanzania is very serious, because as we know Tanzania is one among the <-/so called> underdeveloped countries <-/there fore> to <-/over come> and prevent pollution in the environment we need technology and <-/finantial> resources which will help in succession. <-/Forexample> in case of pollution from industries we must <-_had><+_have> a technology of diluting these waste products into neutral and <-_safety><+_safe> <-_one><+_ones>. In the case of <-_smokes><+_smoke> we must <-_had><+_have> a special programme of ensuring that all industries are apart from <-/humman> <-_life><+_living> areas, example houses, markets, hotels and others while Tanzania is still not able to do this until in 1970's. However Tanzania now has started to improve in taking in account the measures which will solve this problem even <-/alittle>. To show its attitude towards the problem <-_Tanzania><+_Tanzanian> Government has established NEMC (National Environmental Management Council). In its establishment NEMC is in the process of ensuring that the coastal or beach <-/erossion> is controlled as follows: A total of 54 <*/>groy were planned at Kundudi area early in 1980's as protective structures. NEMC in collaboration with the University of Dar-es-Salaam and Ardhi Institute conducted a study on <-_couses><+_causes> of beach erosion, effects and possible solutions to the problem. NEMC again is running some environmental conservation <-_programme><+_programmes> in the coastal zone which in one way or another will <-_acess><+_assess> the potential rise and utilization of coastal resources which are affected by erosion problem. These programmes are in Rufiji, Zanzibar and Dar-es-Salaam. CONCLUSION From the problem explained earlier, it can be concluded that the problem of environmental pollution is very serious in Tanzania although is the one among these countries which have smaller number of industries. This is due to the problem of <-/unaquiring> the <-_controlls><+_control> of the <-/polution>. In developed countries like Europe and others pollution is not serious than in Tanzania despite of having a greater number of industries , the reason is that they are well developed in scientific and <-_teqnological><+_technological> manner of controlling pollution. So I <-_advice><+_advise> my <-_fallow<<+_fellow> <-_Tanzanian><+_Tanzanians> to give their actual participation in developing our science and <-_teqnology><+_technology>. NT-ESS4T Science is the process governed by the methodology in proving or <-/prosuming> the theories and laws. Science and technology therefore is the application scientific methodology in solving different social problems in the society. The Importation of science and technology is just the transfer of science and technology from one country to the other, that means this is just the transfer of skills or materials from one country to the other. This transfer of science and technology is normally from the developed countries to the third world countries, the underdeveloped. A third world country is a country where by her economic is totally depending on agriculture that is it is not an <-/industralized> one here we mean There are very few Industries and even those few are working under production and machines used the oldest ones. Although these third world countries depend on agriculture, but one can find that there is much use of primitive tools used in agricultural processing in general. Now due to this fact a third world in order to improve its agricultural, or Industrial sectors it has import either material from outside, skilled <-/personel> and <-/soon>. The importation of science and technology in third world countries site an example Tanzania. In Tanzanian there was considerable growth in across National out put and In Industrial production however this was between 1960s and 1970s. But in 1980s have witnessed a precipitous decline in both of these national out put and Industrial sector. Now coming to the question that is science and technology transfer in neither directed to the Import substitution strategies nor the export orientation strategies. Where as short term considerations might necessitate a measure of these strategies for brief period, our conviction is that the long term prospects for technological transformation economic development lie in BLS or some similar strategy. Our first consideration about science and technology must be therefore be the establishment of a capital goods Industry Asedquist point out "domestic design and production of capital goods crucial for the generation of a technological capacity as well as for the development process in general". This is <-/enssential> for long run sustainability and <-/Indegenization> of technology, it is therefore very difficult to appraise this strategy with the received wisdom short term cost-benefit and analytical frame work. In Identifying transferable science and technology the following factors must be born in mind. a) Domestic resources availability and accessibility in terms of raw materials and other material inputs. b) Domestic availability of skills and technical capacity to adopt the technology. c) Potential linkage between various productive sectors so us to built up reciprocal and forcing relationship between various production activities in the economy. d) Potential for the creation of a division of labour among countries in a region so us to take advantages of economy of large scale production. All these leads to the advantages and disadvantages of science and technology Importation into the third world countries, Tanzania as an example. In order to minimize the problems due to science and technology and financial constraints, The Tanzania government allowed foreign investment with Industrial sector. This also has resulted into joint ownership of some Industries through special management agreements between Government and some foreign firms. Tanzania Government allowed the importation of science and technology by expecting the following: i) The country lacked technical and <-/managerials> skills for modern industries so it would benefit from highly competent foreign managers and technical staff who would pass their knowledge to local trainees. ii) The country expected to develop technological capability through technologies <-/transfered> from outside and at the same time keep abreast with the latest results of research in science and technology inventions. iii) The country also <-/expeted> that the management agency can Integrate other local firms to obtain other raw materials, inputs at a discount, since it could have been difficult for local firms to do that for themselves due to their poor financial ability. These are the advantages of Importing science and technology. The Importation of science and technology has advantages and at the same time disadvantages disadvantages: (i) The foreign firm make technology transfer difficult and hence not available to local users. ii) Through monopoly the foreign firms have tended to restrict the use of local resources and at the same tie acquire foreign currency through overpricing of Important products. (iii) The foreign firms through management agreements have prefer capital intensive "<-/tuurnkey>" project which are technologically too complex to be assimilated and adapted by the local <-/personeel> that is they cannot even learn it. In other word this technology does not lead into developing the skills of local persons. iv) The management agreement and technological agreement can not provide any beneficial , example Tanzania Industries both technologically and economically. This is done to the general behaviour of the foreign firms to control the choice and transfer of technology. There fore these are the advantages and disadvantages of the Importation of science and technology. For the purpose of two different case of study from Tanzania I have selected two local firms which are; Tanzania <-/Cigarate> company (T.C.C.) and Tanga fertilizer company. TANZANIA <-/CIGARRETE> <-/COMPONY> This company originally known as the British Association of <-/tabacco> (Tanzania Branch) BAT was owned through joint venture between the British association on Tobacco foreign firm based on England-BAT (UK) and the Tanzania Government with a share 40% and 60% respectively. But in 1975 when the Government took all the <-/>the 100% the name was changed Tanzania <-/Ciggarette> Company (TCC) In joint venture the management agree had provided for BAT (UK) to the supplier of all inputs including Machinery and spare parts. This enabled the foreign firm to gain 2 1/2% of an actual <-/parchase> as a buying <-/commision> also the foreign firm had to provide the General manager, production manager, chief accountants, chief Engineer and Technical manager. After terminating agreement the BAT continued to act as a buyer agent and BAT (UK) received 3% of actual purchase as a buying commission. Between 1968 and 1971 Tanzania had paid as a good a value of Tshs 9,670,020/- to BAT (UK) that amount has the same as the met profit after tax per year. Between 1967 & 1970 the average met profit was about Tshs 10,091,308/- per year. This means that approximately one year was devoted to multination <-/coorporation> and this means that the local firm was not going anything from contact. Even after Nationalism the foreign firm continued to control the control the local firms and large firms of money continued to follow outside. TANGA FERTILIZERS <-/COMPONY> This company was built through joint venture between the Government of Tanzania and The foreign firm known as KLOECKNER based on west Germany Kloeckner owned 40% in the <-/bussiness>. According to the managing agreement the multinational <-/coorporation> was responsible for choice of modern <-/aquipment> needed in factory. <-_A><+_As> a result of that nearly all of the input were imported from abroad, leading into foreign currency outflow. For example although the country had Gypsum and coal but these were being imported from outside the country. The table below shows this point. From this data it is obvious that large <-/ammount> had been coming foreign currency. This amount <-/>amount could have been <*/>served if the country had engaged herself into exploitation of local available Gypsum and phosphate every important raw material for the production of sulphate of Amonium which one of the fertilizer produce by the Tanga factory. Recommendation to the Government (1) The Government should restrict the Importation of science and technology from a particular country and also choose the technology which is to be imported. (2) The Government should import the technician who will come to the country so us as to teach our local technician rather than exporting the science and technology in the form of contractions etc. NT-ESS5T INTRODUCTION Language, according to the Longman Dictionary of Applied Linguistics, is defined as the system of human communication by means of a structured arrangement of sounds (or their written representation) to form large units, for example, morpheme, words or sentences. In common usage it can also refer to non-human systems of communication such as the language of bees, the "language" of dolphins. Language is usually not spoken in exactly the same way from one part of a country to the other. Differences in the way a language is spoken by different people is described <-/interms> of regional and social-cultural variations. From sociolinguistic view point, the role of language in our understanding or our conceptualizing the word around us, is largely determined by the culture which pattern in: our societies and those around us. Culture, here means, socially acquired knowledge. A knowledge that some one has by virtue of his being a member of a particular society. Language, as a social phenomena is closely tied up with social structure and value systems of society, thus different contexts evaluate different ways. It is from this point that the great American linguist and anthropologist Edward Sapir (1884-1939) and his pupil Benjamin Lee Whorf (1897-1941) came out with their hypothesis called Sapir-Whorf hypothesis. The hypothesis is approximately that a speaker's native language sets up a series of categories which act as a kind of grid through which he perceives the world and which constrain the way in which he categories and conceptualises different phenomena. A language can affect a society by influencing or even controlling the world view of its speakers. Most languages are very similar in this respect, presumably because of their common genetic relationship and long cultural contact between them; for example African-(Bantu) languages. The world views of their speakers and their societies are probably for that reason not all dissimilar. Here, two points are clear, on how the above fact can happen. First, a language can affect the society by influencing or even controlling the world view of its speakers. Second, a language does not only accumulate knowledge, customs, believes and so on; but also it provides a vision of the world. Thus, language <-/controlls> its society through its inventory and structure. It is the purpose of this essay, therefore to pinpoint the elements of language which can mould society. These can be grouped in three categories: Vocabulary, grammar and sounds. 1: VOCABULARY According to the Oxford Advanced Learner's Dictionary, (1993), Vocabulary means "total number of words which (with rules for <-/combaning> them) make up a language." The vocabulary of each language is set according to the values, <-/altittudes>, and experiences of the speakers by using it, we <-/subconciously> enter into the psychological and social-cultural out look of that society. Five areas can be observed under this: (a) Range of meaning: This is different according to connotation. That is, conceptual meaning may be the same, but with different connotative meanings. The following terms can be considered: (i) kitchen. The conceptual meaning of this word in English language and Kiswahili is the same but different in connotative meaning. (ii) Colours. Vocabulary of colour, as it was put forward by psychologists in 1950s in their investigation of the Sapir-Whorf hypothesis. There is isolation of descriptive meaning of colour terms from their expressive and social meaning. Their descriptive meaning seems to be related to the physical world of every day experience, in terms of <-/denotion> in a much more <-/straight foward> way than does the descriptive meaning of Lexemes in many Semantic fields. The colour spectrum is a physical continuum. It is also a visual continuum in the sense that any one distinguishable colour shades gradually and at the limits of visual discrimination, imperceptibly into its neighbours language differ in the number of basic colour-terms that they have. Also word-for-word translation of colour-terms across languages is frequently impossible because no word in the one corresponds exactly to a word in the other. For example, there is no word in French that covers exactly what "brown" does in English; there is no single word in Russian, Spanish or Italian that corresponds to "blue" no single word in Hungarian that corresponds to "red". This is the case with Kiswahili. The are exactly no word that can cover what "pink" does in English. This is because of the arbitrariness of the divisions that different language-systems draw within physical and also visual (psychological) continuum. (iii) Kinship terms. Society kinship system is generally reflected in its kinship vocabulary. So societies have different ways of looking at this. Basing on that point, let us observe the English kinship terms in comparison to those in Kiswahili kinship terms: In English "Uncle" would refer to mother's brother or father' brother. "Mjomba" in Kiswahili which means Uncle, would refer to mother's brother. "Baba mdogo/ mkubwa" would represent father's brothers. Again in English, the word "cousin" is <-/refered> to as paternal and maternal. In Kiswahili "binamu" is the term used for aunt's sons or daughters related through mother (maternally). But "kaka" (brother) and "dada" (sister) are terms referring to father's relations. (b) Societal values and attitudes: In environment and social structure, the values of a society can also have an effect on its language. Through the different uses of different words, people acquire different attitudes and values towards the words. The following examples can be considered: (i) An Owl. In Europe, English people have positive attitude towards this bird. It signifies wisdom. But in most of Bantu Societies this bird has a negative attitude for it signifies bad omen. (ii) Bepari. Is a Swahili connotation meaning "exploiter" but with the influence of Tanzania in the global capitalism (international exploitation) words with negative meaning such as those used during colonialism and soon after independence, words like "Bwanyenye" meaning exploiting person and "Beberu" meaning colonialist; have disappeared, now the beparis have become "wafadhili" Dono (iii) Taboos. Are characterized as being concerned with behaviour which is believed to be supernaturally forbidden, or regarded as immoral or improper. Examples can be drawn from Kiswahili language, where the word "mavi" meaning <-/feaces>; is avoided as it seems too strong to the users. Instead, the neutral word "kinyesi" is applied for the same meaning. Also in some cases the word "paja" meaning thigh is avoided when talking for it is the body part which is <-/associeted> to private parts of human being. (c) Specialisation: Important items in a society fall into varieties of meaning. The Sapir-Whorf hypothesis is concerned with the possibility that man is concerned- with the possibility that man's view of his environment may be conditioned by his language. For example, people from banana culture in East Africa, have varieties of terms to banana as good as to their counterparts from coastal areas who have many names concerning fish (from both sea and lakes). (d) Conceptualisation of the elements of the Universe. The way people conceive the elements of the universe according to how that society conceives the items. That is, the item may the same in different language but experiences give different conceptions: (i) house. A house in chagga tribe is taken as a round hut with thatched roof. In chagga language is known as "Msonge". While in Gogo language, a house is underground hut roofed with mud. This is known as "tembe". But in English a house may refer to a "<-/bungalaw>" (known that way); as small house with only one storey; such a house is <-/sorrounded> by a large verandah. (Dictionary meaning of <-/Bungalaw>) (ii) hotel: This word is so fluid in Tanzanian usage. Even a small hut where tea is sold can be <-/refered> to as 'a hotel'. But in English language a hotel is a building where meals are provided together with <-/accomodation> (rooms), for travellers. (e) Categorization of the Universe: A person may categorise the universe according to the social out look for instance in French: 'la terre' means the land; which is taken as feminine. In Maasa a cow is masculine for it is very important in their life. So anything central or very important is masculine. Things like ship, vehicle, country in English have given feminine nature. Let us consider the following sentences: (a) M.V. Victoria is the fastest ship, She can reach Musoma bay before twelve this morning. (b) It is a smart car, how much does she cost? (c) Tanzania is a nice country, and her people are good. 2: GRAMMAR. The grammar of each language is set and organized according to the values and attitudes of people in the society. In the book by J. Howard, Discovering Grammar; he wrote "Language is sometimes viewed as the means by which meanings are transmitted in sound via the organising principle of grammar." Grammar is thus concerned with the counters of meaning-words, parts of words, grammatical categories and their combination into meaningful strings-sentence. Two elements can be observed: (a) Gender: The three definite singular personal pronouns are distinguished as respectively, feminine masculine and neuter, terms in a system of gender. They satisfy the three general definitions of the three gender categories in that they characteristically refer to male, female, and inanimates - respectively. Gender in French is sex oriented (masculine or feminine). In Bantu (with <-/norminal> prefixes) there is natural genders. (b) Tense: The primary use of the present tense is to locate the situation in present time - where "situation" is to be understood as a general term covering states, actions, processes or whatever is described in the clause, and present time is the time of the utterance. Past tense is used in past time situations. In other language Aspect is used to indicate aspectual meaning. It <-/envolves> temporal flow or segmentation. English does not have grammatical aspect. We will say that a language has grammatical aspect if it has a system of the verb, marked inflectionally. 3: SOUNDS. Sounds show how one conceptualises something and so affect society (though not strongly as the former elements - grammar and vocabulary). Two ways can be said to be involved on how sounds help to conceptualise the world around. (a) Sound differentiation can influence society: The prefixes in Swahili language namely Ki and Ka mean "small". (that is <-/deminitive>) in kitoto, katoto instead of mtoto meaning "child". The word Poromoka, refers to something big such as rock. /poromoka/ means fall down heavily. A small thing can not "poromoka". Also a word Churuzika, refers to flowing out of small content of water in a certain manner. Consider the sentence; "maji yanachuruzika" meaning "Water is flowing" A heavy <-/poridge> can not "churuzika". Both, 'poromoka' and 'churuzika' are Swahili words. Therefore psychological and socio-cultural outlook can also be reflected in sounds. (b) Sounds can control the acoustic values impressions. In English, phoneme /z/ is accompanied by sharp movement: zoom!; zig zag! and phoneme /sk/ accompanied by force or sudden action - scream, screw, scram. In Kiswahili phoneme combination of the sounds fy gives the impression of something being cut through or being produced through constriction. for - example words like fyeka "clear land", fyatua "release fyonza "suck", fyonya "make a hissing sound", fyanda "squash, crush" fyata "press or squeeze". Also anomatopoeic words are all included here. Consider words: Pikipiki or tukutuku "motorbike" from its sound when it moves; also nyav "cat" from cat <-/meaws>. 4: CONCLUSION Language leads to the so called schizophrenia (split personality). A person may have different personalities according to the way she or he is influenced by different languages as she or he acquires the personality formed by his own language as well: as the personality of speakers of other languages. This influence of language in people's behaviour and thoughts can be seen in the different ways in which speakers of different languages behave differently when they speak the languages. An English person behaves differently when s/he speaks English. And Swahili speakers also behave differently when they speak Swahili. - When each of them speak the language of the other they behave according to the dictates of that language. Therefore linguistic differences can produce cognitive differences. NT-ESS6T INTRODUCTION The education system that was inherited at independence both in Tanganyika in 1961 and in Zanzibar in 1964 reflected unbalances in <-_term><+_terms> of <-_equity><+_equality> for both girls and boys. Till today some girls <-/under achieve> at secondary school level and higher learning institutions. According A.G.M. <*/>Shumi and T.L. Maliyankono, in a book titled Education and Social Change say that in <-/pre colonial> Zanzibar education mostly was given to intelligent people who were prepared to be <-_priest><+_priests>. Therefore according to my view women were left behind compared to men because they were not prepared to be priests. Government's education policy to eradicate this situation of <-/inbalances> by stressing <-_equity><+_equality> for both genders in schools. Also the Musoma resolution requires that every school age children should get to school . Government under universal primary education programme [UPE] opened more public <-_school><+_schools> and encouraged private schools for the purpose of eradicating gender <-/inbalances> in schools. In spite of government efforts to reduce and eliminate gender inequalities in education major inequalities still prevail at all levels of education in Tanzania. In this part I try to show statistical analysis of gender and education in secondary <-_school><+_schools> from 1982 to 1990; student enrolment from form one to form four by subject bias in 1984 to 1986 examine and explain discrimination and <-_differentiations><+_differentiation> by looking at different factors . TABLE TO SHOW ENROLMENT BETWEEN GIRLS AND BOYS IN SECONDARY SCHOOLS FROM 1982 TO 1990 IN GOVERNMENT AND PRIVATE SCHOOLS. Our data above reveals real <-/inbalances> between men and women students in each year. Girls are <-/under represented> compared to boys: For example in 1982. Those students who completed form four were 39,000 in public schools; only 32% of girls crossed educational ladder to form five while 68% were enrolled to form five. The same applies to private schools the same year (1982). Total enrolment was 39,000 students, but out of this number only 38% of the girls entered form five while boys were 62% selected to join form five . This situation went on so till 1990. Government policy failed to bring equality in education as we shall see a number of factor explaining this . In enrolment in ordinary level is slightly high for both genders due to the policy of quota system which use to favour girls, at ordinary level only. According to gender profile of Tanzania statistics, female enrolment in secondary schools grew by 10% from 1978 to 1990 compared to 6% for male enrolment. Although there are few girls in secondary schools, the increase in female enrolment has gone up than that of male enrolment during 1981 to 1991 with the exception of 1985 to 1990. The main reason was quota system and expansion of secondary schools especially private ones. Moreover; to support quota system there is a <-/seperate> selection process for secondary school girls compared to boys. In regions and districts <-_girl's><+_girls'> results of standard seven are separated from boys and a certain number of percentage of girls is selected for form one according to top marks score among girls themselves. In Dares Salaam results of many form one pupils have performed much lower than boys ; just as many boys and girls from disadvantaged districts performed less well than from educationally developed districts. If there was no district and gender quota system there might be no girls at all in secondary school in some areas and some districts find themselves without any secondary school enrolment. <-_Prons><+_Pros> and Cons of Quota System . On the side of <-/adventeges>; it favours girls. Many girls are getting access to education hence efforts to reduce inequalities in education in Tanzania. On the other side of the coin; poor people in Tanzania who include most peasants are in rural <-_area><+_areas> do not enjoy quota system as those who are in towns. The reason here is that, some of the educated parents make their children to repeat primary school through back doors. Also migration and transfer of parents living with their children in town to another town increase the possibility of their children to be selected for form one than those children living in the rural area . Another important factor which results in <-_to> different gender <-/performence> in schools is economic status. Students from homes which are better off economically tend to perform well their studies because their parents are able to supply them educational play materials and pay for their school fees. According to Malekela G.A., PHD, Access to secondary education in Sub Sahara Africa, The Tanzania experiment in 1983 says that urban <-/salariel> workers had income four times more than a peasants . Therefore from this basis I say that <-_peasant's><+_peasants'> children mostly do not perform well due to economic situation of their <-_parent><+_parents>. Some time they lack school fees and the educational supply materials for learning. Gender division of labour at the household level is <-_the> one among major causes of low school and examination <-/performence>. For example for day school students after school hours boys have few roles to do at home than girls if there is no house <-_girls><+_girl>. They have to enter the kitchen and prepare food, house cleanliness while most of the boys studying and doing home works . Moreover; according to a panel discussion on gender profile of Tanzania, (1993) held in Dar es Salaam argue that bad home economy is a principal factor which <_lead><+-leads> to poor <-/performence> in school. In rural <-_area><+-areas> during weeding and <-/hervesting> <-_season><+_seasons> private school day students are temporarily withdrawn by their <-_parent><+_parents> so as to help shamba work. Now I say that those <-_whoremain><+_who remain> in classes will continue studying as normal while other are <-_loosing><+_losing>. Also I see that rural poor economy will encourage <-/absentism> and truancy from the above basis. Therefore if the economy of rural parents was good house boys and girls <-_cold><+_could> have done household activities and student would not have interrupted . Educated parents . These are parents with secondary education and above and <-/non educated> for the <-_rests><+_rest>. Thus from this basis I say that students with educated parents tend to perform better than those: Whose <-_parent><+_parents> are not . A simple life example is here at the university if you talk to <-/meny> students about the occupation of their parents you will find that most of their parents are employed salaried workers: These parents know the importance of education to their children therefore; they send them to schools unlike <-/non educated> people from the remote parts of our country like Barbaig people. However; gender stereotyping of subject matter is another intermediate cause of <-/differencial> school and examination <-/performence> begins at the early age. Members of panel discussion on gender profile of Tanzania (1993) discovered that Tanzanian girls like mostly everywhere are less interested in maths, science and technical subjects. <-/Girlgs> say these subjects are for the men. Moreover; statistics from the ministry of education and culture from the year 1984 to 1986 show this situation of subject bias. These statistics show subject bias. For example in 1984 number of students completed form four was 1,917,000 and among them 10% women studied domestic science. But no male studied such subject for that year (1984). Now under this basis I can say that female students think that maths and science are for men and male students also say that domestic science is for those who go to the kitchen. In 1986, out of 334000 students completed ordinary level only 15% of girls joined technical stream; While boys <-_at><+_of> the same year were 85% of the total number of students. This reflects great <-/inbalance> situation in the representation of girls in the world of science and technology. Malekela G.A. in his P.H.D. thesis of August, (1983), argues that boys worked hard in science because they want to determine their future. But girls <-_dont><+_don't> like to trouble much in determine the future because they think that, they shall get married by people who are already established. That's why most of the girls ignore tough subjects like maths and science. Therefore; from this background I think that; this is one of the major causative <-_reason><+_reasons> hinders their future representation in the world of academy and politics. "For example at the university of Dar es Salaam and Morogoro (SUA), representation of women has remained low; from 26% in 1980 10%, in 1990 to 1991 and low of 14% in 1985 to 1986. The growth rate has been twice as high for men 5.8% completed to women 2%. Similar trends <-/occured> <-_in><+_at> post graduate level at the Hill <-_droping><+_dropping> from 16% female ratio in 1980 to 1981 to 12% in 1987 to 1988. Both genders have been hurt by rates decline the same period 3% for men and 7% decline for women5 . Another important factor which leads to different <-/performence> for gender examination in secondary schools is social related factor. For example teacher and student relationship. If such relationship won't promote <-/accademic> affairs and embark on love affairs ; This may lead to the unwanted or unplanned pregnancy for both teacher and student and automatically affects her <-/performence> . Other things include antagonism, bias and bad attitude against teachers and teachers against <-_student><+_students>. Also teaching methodology may affect student <-/performence> positively or negatively. For example if the teacher is not well <-/prapared> <-_looses><+_loses> confidence and therefore, no good logical and analytical <-/flowege> of points of what he/she teaches from simple to complex . Here students fail to <-/percive> abstract things - hence poor <-/performence> in examination especially for those slow <-_learner><+_learners> who may be girls <-_and><+_or> boys. Lastly girls perform worse than boys because of cultural stereotype factor. Some parents want their daughters to get married soon after <-/purberty> so that they can get bride price to increase wealth at home. Parents of this kind are problems to girls even today; because pastoral societies like Maasi in Tanzania especially Arusha <-_use> to get wealth through their married daughters. Other parents have tendency of educating boys only. They say you educate a son who will later remain at home after studies. Therefore females are left home waiting to get married. Furthermore; the dropout rate for girls is high at school because of pregnancies. Most of school girls during puberty are not well informed about sex education; while they are exposed to sexual <-/harrasment> from their fellow students, teachers and society as a whole. Those who fail to maintain celibacy and come short of sex education drop out their studies due to unplanned pregnancies. Therefore due to those factors I have explained I can arrive at a conclusion by saying that our government should think of clear policy guideline that will enable every member of a society to have access to education. UPE has tried its level best but today we are having cost sharing programme in schools This will foster up <-/unbalances> in schools. In rural areas most <-_peasant><+_peasants> have no money to send their children to form one as a result primary school school graduates are flowing to town thinking that they may chance better life . See for example the so called <-/Maching> a phenomenon in Dar es Salaam city. Children who were supposed to be in the classes are moving here and there selling variety of items to earn living. They don't have predictable future. Therefore; I argue that government should think <-_of><+_about> this issue deeply. NT-ESS7T 1. INTRODUCTION Slave trade was a kind of trade <-/where by> human beings were exchanged as items of trade. It was a commodification of human beings trade which took place around 15th century all the way to 19th century in Africa to Europe where Slaves were needed in Americas as labourers in sugar plantations and mines. 2: HISTORICAL BACKGROUND OF SLAVE TRADE The slave trade was an economic institution of the first importance in development of capitalism. At first it started in different areas in Europe and America but it was found that the population was small to meet the rising need for <-/>for labourers and that white people and Red indians in America failed to resist hardships so they turned to Africa where they took slaves mainly from West Africa to America and Europe. The slave trade took place from 15th century to 19th century. (Walter Rodney) "Strictly speaking, the African only became a slave when he reached a society where he worked as a slave". 2:1 PARTICIPANTS The main participants in this inhuman trade were <-/Europen> traders, <-_Americas><+_Americans> and Africans. That is slaves were taken from the coast of west Africa to America and from America to Europe although some worked in American plantations and mines others were taken to Europe where they had to work in industry . This kind of trade came be known as Atlantic slave trade or triangular trade as it involved three continents. 2:2 TECHNIQUES EMPLOYED IN OBTAINING SLAVES. The slave traders employed different methods of getting slaves in different areas. The European traders used commodities from their home <-/endustries> as medium of exchange with slaves along the coast of West Africa. However <-_another><+_other> techniques which were used in obtaining slaves were through imposition of warfare, <-/kidnaping>, punishment of wrong doers, Criminals and captives of the wars. In other areas slaves were obtained through selling to traders by their own chiefs so as to enable chiefs to get European goods like <-_weapon><+_weapons> and so forth. 3: CAPITALISM Capitalism is an exploitative mode of production which emerged after the collapse of <-_feudalism><+_feudalist> mode of production. In this mode of production few people exploit others through their capital as the majority of the people had no other means to survive except their labour power. In <-_capitalism>+_capitalist> mode of production labour power is exploited through necessary labour time or surplus labour time where the capitalist extend working hours but the salary is constant. For capitalism to grow to its full swing it has to undergo 3 <-/metamophosis> stages that is capitalism, <-/competative> capitalism and monopoly capitalism. Capitalism as a system is exploitative in nature and it has competitive attitude against each other in sphere of economy and monopolistic in nature at its highest stage of its growth or maturity which was marked <-/finaly> by industrialization. 4: CONTRIBUTION OF SLAVES TO THE DEVELOPMENT OF CAPITALISM IN EUROPE. Slavery was an economic institution of the first importance in the development of capitalism in Europe. Historically slaves were the basis of Greek economy which built up the Roman empire. The historical literature has shown that slaves were bought cheaply and were taken to America to work in sugar plantations as well as in mines where they mined gold silver, <-_the> sugar, indigo cotton <-/mollases> and other tropical products, the <-_process><+_processing> of which created new <-/endustrial> sector in England. The ships sailed from the home country with manufactured goods and exchanged at a profit on the coast of West Africa for Negroes, who were traded on the plantations at another profit in exchange for a cargo of colonial produce to be taken back to home country. Therefore the triangular slave trade gave a triple stimulus to British industry. Through slave trade there emerged big <-_capitalist><+_capatalists> like Alexander Barclay who later on formed his Barclay bank out of profit from slave trade. He engaged in slave trade in 1776 and there is a similar progression in the case of <-/Lyords> who <-_has><+_had> a small coffee house called London coffee house and later on became the world's largest banking and <-/ensurance> houses after dipping into profits from slave trade and slavery. The slave trade as a historical phenomenon benefited Europeans the owners of slaves but slaves themselves didn't flourish from the trade. <-/Shiping> and ship-building was another historical importance during and after slave trade. The slave trade naturally drew in its wake a tremendous development of <-_the> <-/shiping>. At first there was a need of constructing vessels for <-/shiping> slaves from Africa to America and <-/else where>; <-/morever> slaves were the makers of such <-/vessals>. <-/Ship building> was encouraged for <-/shiping> slaves to the plantations and cargoes from the plantations. This received a direct stimulus from the triangular trade; so plantation trade was one of the greatest nurseries of <-/shiping> and seamen in England and one of the greatest branches of trade. Slaves contributed much on advancing <-/ship building> technology which gave fame to England "wooden walls of England" . Due to the development of shipping and shipbuilding in Europe there was an expansion of trade and emergence of sea ports like Bristol, Liverpool and <-/Glassgow> which became <-/endustrial> revolution centers. The slaves were the training ground for British seamen; they were just for experimentation. It is more significant to note that the Atlantic trade was the stimulator of consistent advance in naval base technology. The exploitation of Africa and African labour continued to be a source of accumulation of capital - to be reinvested in western Europe. By 1750 there was hardly a trading or manufacturing town in England which was not in some way connected with the triangular trade. The profit obtained provided one of the main streams of that accumulation of capital in England which financed the industrial revolution. However, it was Negro slaves who made the sugar colonies the most precious colonies ever recorded in whole annals of imperialism. They were the fundamental prop and support of the colonies valuable people whose labour supplied British with all the plantation produce. The British was a <-/magnificient> <-/supperstructure> of American commerce and Naval power of an African foundation. It was estimated that 1775 British west indian plantations represented a valuation of fifty millions sterling and sugar planters themselves put the figure at seventy millions in 1788 (Sir Dalbly Thomas). In 1878 Putt <-/assesed> the annual income from the west indian plantations at four pound million as compared to <-_with> one million from the rest of the world. <-/Morever>, the <-_profit><+_profits> of sugar <-_plantation><+_plantations> in any of western indian colonies are generally much greater than those of any other cultivation that is known in either Europe or America. According to Devenant, Britain's total trade at the end of the 17th century brought in a profit of 2000,000 pounds, re-export of plantation goods 120,000 Europe and African and levant trade 600,000, East <-/endian> trade 500,000 and reexport of East <-/endian> goods 180,000 pounds as profit from slave contribution work. The slaves as commodities were sold in Europe very expensive and at the same time slave trade didn't mean only slaves but also other commodities for example:- John Hawkins made three trips to W. Africa in the 1560's and stole Africans whom he sold to Spanish in America. On returning to England after the first trip to W. Africa his profit was so handsome that Queen Elizabeth I became interested in participation, in his next venture and She provided for that purpose a ship named the 'Jesus'. Hawkins left with the 'Jesus' to steal some more Africans and he returned to England with such dividends that Queen Elizabeth made him a knight. In Central and South America gold and silver that mined by Africans played a crucial role in meeting the need for <-_coin><+_coins> in expanding capitalist money economy of Western Europe at the same time African gold was also significant in that it helped the Portuguese to finance further navigation around the Cape of Good Hope and into <-_asian><+_Asia> ever since the 19th century. The gold which was also taken from Africa was the main source for mintage of Dutch gold <-_coin><+_coins> in the 17th century helping Amsterdam to become the financial capital of Europe in that period. However, as it was no coincidence that when the English struck <-_a> new gold in 1663 they called it 'guinea' used in United Kingdom . It was first coined in 1663 from gold imported from the Guinea Coast of West Africa by a company of merchants trading under charter from the British Crown. The exploitation of slaves from Africa as well as natural resources continued to be a source of accumulation of capital to develop capitalism in Europe and America. The Commerce derived from Africa helped a great deal to strengthen trans-national ties within the western European economy bearing in mind that American produce was the consequence of African labour. For instance Brazilian <-/dywood> were re-exported from Portugal into the <-/mediteranean>, the North sea and Baltic and passed into the contents cloth industry of the 17th century, sugar from the <-/Carribean> was re-exported from England and France to other parts of Europe to such an extent <-_the><+_that> Hamburg in Germany was the biggest sugar refining centre in Europe in the first half of the 18th century. Germany supplied manufactures to <-/Scandivian> Holland, England France and Portugal for resale in Africa. England, France and Holland found it necessary to exchange various classes of goods the better to deal with Africans for gold, <-_slave><+_slaves> and Ivory. American economic development up to mid 19th century rested squarely on foreign commerce of which slavery was a pivot. In 1830's slave grown cotton accounted for about half the value of all <-_export><+_exports> from the United <-_State><+_States> of America. So slave trade had contributed <-/alot> to the development of capitalism in Europe and America 5 SUMMARY OF THE ROLE PLAYED BY SLAVES TOWARDS CAPITALISM DEVELOPMENT IN EUROPE. The summary of roles or contribution played by slaves in capitalism development in Europe can be culminated by mentioning the major roles. The slaves played a vital role in development of <-/metallugical> industries <-/morever> it was a main source of capitalist first largest banks and insurance companies in the world The trade also stimulated the invention of steam engine by James watt. The development of ports and sea <-_ports><+_port> towns were also stimulated by slave trade Bristol, Manchester > besides such contribution slaves contributed to the great deal in <-/shiping> technology which gave fame to British and expanded its <-/oversea> trade. Slaves were the main source of cheap labour in the plantation, mines and the <-/endustries>, it was the slaves and sugar traders which made Bristol the second largest city of England for the first three <-/quaters> of the 18th century. "There is not" wrote a local <-/analist> "a brick in the city but what is cemented with the blood of slaves. It was slave trade which expanded the market of manufactured goods because the goods from Europe had to be sold in exchange for slaves and to the slave owners. Industrial development and agricultural development gained momentum from the cotton produced by slaves for example the development of textile in liverpool and manchester and sugar production resulted in establishment of refinery <-/endustries>. In general the historical importance of slave trade was the accumulation of capital which financed <-/endustrial> revolution in 19th century in Europe. 5:1 IMPACT OF SLAVE TRADE <-_TO><+_ON> AFRICAN CONTINENT. To sum up, slave trade contributed <-_on><+_to> Capitalism development in Europe and America. However it had negative Impact on Africa due to Unequal exchange. During slave trade Europeans took slaves and gold, ivory, and <-_diamond><+_diamonds> from Africa especially from West-Africa while they brought with them porcelain things and outdated things which were of low quality in exchanging for slaves. European traders contributed to the maximum in stagnating <-_the> African technology by imposing theirs as before their introduction, Africans had their own iron industry for instance textiles, weaving, cookery and even leather processing <-_endustry><+_industries> which were developed to a certain stage. The able bodied and productive population were taken to Europe as slaves as cheap labour in plantations and mines which resulted in depopulation and underdevelopment of Africa and marked the beginning of dependence of African continent up to date. NT-ESS8T 1: Introduction (Definition of the terms) 1:1 Slavery. In the dictionary of social science slavery is defined "as an Institution involving a degree of domination, subordination between persons ranging from the right of life and death of the owner over the slave to careful detailed legal provisions for mutual rights and privileges. The essential element of the agreement being the right of the master to force a slave to labour or render other services for the <-_master><+_master's> benefit". 1:2 Slave trade: Slave trade is the notorious commerce in human beings. This takes about 400 yrs operating <-/where by> millions of Africans population were taken overseas. It has been estimated that more than 15 million <-_African><+_Africans> reached the American continent, caribbean Islands as a result of Atlantic slave trade. 1:3 Capitalism. Capitalism is a system determined not by the people's attitude to work, their spirit of enterprise, desire for gain, or the use of money to finance a series of exchange transactions in order to make profit, but by the way in which the means of production are owned, and by the character of the social relations of production between individuals and groups arising from the production process, particularly the manner in which work is organized and the surplus from production is distributed. Its central determining feature is the transformation of the labour power of man into a commodity to be <-_brought><+_bought> and sold in the market for gain like any other object of exchange. Therefore capitalism like the slave and feudal modes of production is a social system based on private ownership of the means of production and exploitation of man by man. 2: Historical background of slave trade in Africa. 2:1. Main Participants. This notorious commerce in human beings started from fourteenth century to 19th c. It was estimated that this trade lasts for about four hundred years. The main participants in this trade were <-/Portugues>, Spanish, British, Arabs and Africans. <-_European><+_Europeans> participate mostly in triangular slave trade while Arabs were participating in East African slave trade. Africans were mostly local leaders who used to sell war captives to Europeans and sometimes exchange them <-_to><+_with> Europeans <-_with><+_for> guns, clothes, porcelain things and the like. Another group were the <-/Mullatoes> (The <-/inter breed> of <-/portugues> with Africans) This group emerged as slave traders. They were the clients between Europeans <-_in><+_on> the <-_cost><+_coast> and local leaders in the <-/country side>. 2.2. Continental <-/envolvement> and other areas. Slave trade can be identified under two main areas The triangular slave trade which sometimes was known as the Atlantic slave trade and the Great circuit and East Africa slave trade or Arab slave trade. The Atlantic slave trade <-_include><+_included> areas like Africa Europe and Latin America and other areas like <-/caribean> Islands west Indies <-/etcetra>. The Arab slave trade involved Africa especially the East coast of Africa and Arabian countries and later to Madagascar, Mauritius, <-/Sychell> and Commoro Islands. 2:4 Reasons for slave trade. Slaves were used mainly for providing <-/cheep> labour, in cotton plantations and in gold <-_mine><+_mines> in central and in south America. Others were used as domestic servants in Oman and also as soldiers in Arabian countries. 2:5 Method used to obtain slaves. Slaves were obtained <-/throurg> riding, <-/kidnaping>, exchange of war captives <-_to><+_for> European goods <-/etcetra>. However on the whole process by which captives were obtained on African soil was not trade at all it was through warfare trickery, banditry and kidnapping. 3. Main body (Contribution of slaves in the development of Capitalism in Europe 3:1 Slave and Industrial Development. In 1718 William Wood a surveyor of trade said the slave trade was "The spring and parent whence the others flow. A few years later Post <*/>leftway described the slave trade as The first principle and foundation of all the rest, the main spring of the machine which sets every wheel in motion. In slave trade the Europeans accumulate capital which acts as a basis for invention of machines which resulted in the stimulation of industrial revolution. After getting super profit from slave trade and slavery James Watt financed his famous steam engine and took it from the drawing <-_boad><+_board> to the factory. Most of the capitalists who <-_enganged><+_engaged> in slave trade were the <-_one><+_ones> who provide capital for increasing industrial capital growth for instance John Hawkins made three trips to west Africa in the 1560's and stole Africans who sold to the Spanish in America. As Walter Rodney says On return to England after the first trip his profit was so handsome that Queen Elizabeth I. become interested in the direct participating in next venture and she provide for that purpose a ship named the Jesus. Hawkins left with the Jesus to steal some more Africans and he returned to England with such <-_devidens><+_dividends> that Queen Elizabeth made him knight1. 3:2 Expansion of Commercial activities. Slave trade stimulate commerce in European nations. This is due to the fact that most of its ships when sailing overseas board some commodities which used in trade in different areas passed. 3:3 Development of ports and slave trades Development of ports as a result of slave trade. The most spectacular feature in Europe which was connected with African trade was the rise of sea <-_ports><+_port> towns notably Bristol, Liverpool, Nathes Bordeaux and Seville directly or indirectly connected <-_of><+_with> those ports there often emerged the manufacturing centres which gave rise to the industrial revolution. 3:4 Banking, Insurance System and Slave trade. Many of the 18th c. banks established in Liverpool and Manchester the slaving metropolis and the cotton capital respectively were directed, associated with triangular trade Several of the personalities and capitalist firms who were beneficiaries the one standing examples are provided in the persons of David and Alexander Barclay who were <-_engang><+_engaged> in slave trade in 1756 and who later used the loot to set up <-_Barclay><+_Barclays> Bank. There was a similar progression in the case of Lloyds from being a small London coffee house to being one of the world's largest banking and insurance houses after <-_deeping><+_dipping> into profit from slave trade and slavery. 3:5 Slave trade and shipping technology <-/Ship building> in England received a direct stimulus from <-_a><+_the> triangular trade. Vessels of a particular type were constructed for the slave trade combining capacity with speed in an effort to reduce mortality. During that period of slave trade due to low technology of <-/ship building>, some vessels were lost in the seas and the number of <-/deths> was high. In order to overcome such problems, the <-/ship building> technology was improved. 3:6 Slaves and Africans as Markets. /h> Due to the development of industries in Europe which <-_lead><+_led> to industrial revolution the European capitalists finds that it is better to look for market outside their territories in order to solve the problem of <-/over flowing> internal market as put forward by Basil Davidson in his book Black Mother The full impact of the change still lay ahead growing demand for <-/cheep> raw materials and for security of foreign market As they had created labour force at their home that is <-_machine><+_machines> which could produce on behalf of human labour, the problem which were facing was market for their home products so they abolish slave trade so that they could work back in their <-/mother land>. The simple <-_machine><+_machines> were used to produce were imported from outside That is from Europe, also spare parts for <-/reparing> that machine also <-_was><+_were> from Europe as a result they stimulated the growth of industries and capitalism in Europe. This security for foreign market eventually trace the outlines of territorial conquest of the colonial system of 20th c and Africa. When this came about would register the full consequences of the slave trade that had gone before . 4: CONCLUSIONS. 4:1 Summary of <-/rols> played by slaves in the development of capitalism in Europe. Slaves and slave trade played a vital role in the development of capitalism in Europe. Slave trade was the main source of capital to the European capitalist. For instance the emergence of first banks and Insurances was financed by the capital obtained from slave trade. For example William Gregorson Barker was also a slave trader and ship owner. Also some of the capital which <-_/financied> the growth of the <-/metallugical> industries was supplied directly by the triangular trade. On the other hand the invention of steam engine by James Watt was <-/financied> by the capital accumulated from the west Indian trade. Development of ports and sea port towns <-_were><+_was> stimulated by slave trade like Bristol, Manchester and at the same time the shipping technology was stimulated by slave trade. Slaves were the main source of <-/cheep> labour in the plantations, mines and in the industries. It was the slave and sugar traders <-_which><+_who> made Bristol the second city of England for the first three quarters of the 18th c. There is not wrote a local analyst a brick in the city but what is cemented with the blood of <-_slave><+_slaves>. Sumptuous mansions, luxurious living, liveried materials were the produce of the wealth made from the sufferings and groans of the slaves brought and sold by the Bristol merchants ... in their <-/child like> simplicity they <-/wuld> not feel the iniquity of the <*/>meeterdise but they could feel its lucrative it was the capital made from the African slave trade that built some of our docks. It was that price of human flesh and blood that gave us start1. 4:2 Consequences of slave trade in Africa. Slave trade led to the underdevelopment of Africa and development of Europe This can be traced under the following factors, starting with unequal exchange trade, during slave trade and before. That European and Arab traders were trading with our local people In Africa they were taking gold especially in west Africa Ivory, <-_diamond><+_diamonds> while they brought with them porcelain things and knocked down things which <-_was><+_were> used for exchanging. European traders contributed to the maximum in stagnating <-_the> African technology by imposing theirs. Before their coming Africans have their own Iron Industries, textiles, basketry <-/coorks> and even leather processing but after the <-/comming> of Europeans all this <-/dissapeared>. In slave trade the abled and productive population were taken overseas as slaves to provide <-/cheep> labour and forced labour in plantations and mines especially gold mines in central and South America It has been estimated that more than 15 million <-_African><+_Africans> reached the America continent and the caribbean Islands as a result of Atlantic slave trade. <-/Futher more> many Africans were killed on African soil during the brutal process of obtaining It is not <-/suprising> that altogether west Africa lost forty to fifty million of its population because of the Atlantic slave trade. This factor of depopulation led to stagnation in production, people were living under fear of being captured by the slave riders, so they were not producing at their normal condition There were introduction of new culture and religions , people were forced to adopt western cultures. Also the emerged classes of people the <-/rullers>, slave traders which was including Africans the <*/>internarrived Africans (Mullatos) and the local peasants. NT-ESS9T "A newspaper is always very eclectic from the stylistic point of view".(Crystal,1969) The stylistically significant features of <-/news paper> reporting, therefore can be said , are the different techniques or styles used by news reporters in presenting information to their <-/audiance> (readers). Although there are various techniques of <-/news paper> reporting, there are several other characteristics in common. They are <-_these><+_those> common features which will be looked into in the text provided. These will include graphology, grammatical level, the sentence level and the level of vocabulary. Looking into the graphology of the text the following features are depicted: First of all there is the headline: " African economies getting sicker." The first word of the first paragraph is capitalized. Here the writer intends to draw the attention of the reader and is trying to show the central focus of the whole text. Then there is the <-_writers><+_writer's> name (By Anaclet Rwegayura) at the top of the article. This would not be common in an ordinary piece of literary work like letters where the <-_writers><+_writer's> name comes at the end of the article. The significance of doing this could be to let the <-/audiance> know the reporter of the news. Secondly there are some abbreviations which are quite conspicuous like IMF in paragraph three, ECA paragraph seven and GDP in paragraph fourteen. This is so as to minimize space and avoid monotony of words like International Monetary Fund which would look awkward in pronouncing them in full each time one comes across it. We can also see <-_imperical><-_imperial> numbers for example "from 1986" and "1.1 average" in paragraph four. According to the graphetic features secondly we will examine paragraphing. The paragraphs are split into smaller units of one short or long sentences. The longer sentences have more lines than the shorter ones. For example paragraph five has eight lines whereas paragraph four has only four lines. The writer is <-/inentionally> <-/spliting> the paragraphs into shorter Units to make his work be easily readable. Thirdly let us look into punctuation. The writer uses commas, for example in <-_paragraph><+_paragraphs> one, three and five. The reason is first to break longer sentences into readable units. Secondly to <-_disambiguity><+_disambiguate> some sentences for example in: " Swallowed with " free market policies, " the IMF - World prescription ". The writer also uses inverted commas first for connotative meaning like " free market policies " in paragraph three and secondly for direct quotation for example paragraph six: "Import of consumer goods....". The writer uses this technique so that he does not <-/distor> the originality of the information. Dashes and parenthesis have also been used; first to substitute 'and' as in paragraph three: "IMF - World Bank" and secondly as a means of word compounding as in paragraph fifteen: "think-tank". A <-/desh> has also been used in the first paragraph at the beginning to Addis Ababa, which is not part of the paragraph, from the word NEARLY which marks the beginning of the paragraph. At the level of grammar, first let us look into the title. The writer uses the word sicker connotatively: "African economies getting sicker." There is also the omission of the subject of a sentence in certain places. The writer uses this technique in trying to compress the information in a smaller space. For example in paragraph three: "Swallowed by ..." shows that the subject (African Countries has been omitted. Next, the use of statements has dominated the whole text. Both active and passive sentences have been used in the article. Also the writer uses both present and past tenses. Present tense is used when the <-/writter> is giving his own views for example in paragraph one; and past tense when he is <-/narating> the events. At the sentence level we see that sometimes the position of the subject is exchanged with its main verb for example that of paragraph sixteen where the pattern is verb-subject: "say EAC acting Executive secretary Issa Diallo" and paragraph seven: "says the UN Economic Commissioner." This is for stylistic reasons so as to emphasize certain points. There is also the use of imperative language for example paragraph sixteen: "We must promote economic co-operation." Time and place adverbials have been used to make co-reference of the information. For example those of <-_places><+-place> include: Addis Ababa (paragraph) one and in Zaire (paragraph four and those of time include "from 1986 (paragraph four) Task II - Changing the article into a government report: THE CURRENT ECONOMIC SITUATION IN AFRICA: A conference by African Economic Ministers and their experts was held in Addis Ababa (Ethiopia) to discuss the continent's economic situation. It was unanimously noted that the economic situation all over the continent is deteriorating and that its recovery depends on performance of the world economy. The conference cited a number of reasons for deterioration and then gave suggestions as solutions to the economic recovery. The reasons for the economic deterioration were divided into two main categories: external and internal factors. The conference cited the external factors as: The common prescription offered by the International Monetary fund (IMF) and the World Bank under the generic name of structural adjustment programmes which has not given these economic appreciable relief. It was printed out that, swallowed with "free market" policies, "the IMF - World Bank prescription has not proven able to deliver shelter, food, medical care and education for the majority of the people in Africa. Demonstrating this point Zaire was pointed out. It was noted that five years of socio-economic reconstruction from 1986 have yielded a 1.1 average annual economic growth rate. According to the Economic Commission for Africa (ECA) external factors provided no <-/confort> to African economies in 1991. Trade suffered heavily from economic recession in industrialized countries, resulting in a drop <-_for><+_in> the demand <-_of><+_for> African exports, and the <-/overal> price for the <-_continents><+_continent's> commodities dropped by 2.8 billion dollars compared to 1990. External debt continues as a major <-/impendiment> of African countries. It is now estimated at a staggering 275 billion dollars, constituting 12 per cent of the Gross Domestic Production (G.D.P.) and claiming more than 25 per cent of exports earnings to service the debt. Looking into internal factors Zaire was again taken as an example. It was noted that inadequate basic sectoral studies, weakness in implementation of investment policies, communication problems and defects in <-/in balance> of payment were among major factors of the worsening the African economy. A Zairean delegate told the conference that import of consumer goods always surpassed imported capital goods and the private sector lacked the necessary sources for recovery. According to UN Economic Commission for Africa (ECA) <-_Africas><+_Africa's> economic performance in 1991 turned out to be rather poor and disappointing. Africa's economic growth rate in 1991 registered 2.3 per cent as compared to 3.2 per cent in 1990 while the annual population growth rate was 3 per cent. It was further noted that in the social sector, health, education and employment were the worst hit. Agriculture continued to depend on rain rather than irrigation. Leading to instances of devastating effects of drought in many countries. However a number of suggestions were given as solutions to ease these economic problems. A member from Tanzania's National Planning Commission suggested that in order to come up with proper solutions, problems must be analysed at both macro and micro levels because each country has its own <-/perculiar> development problems. He also added that African socio-economic problems require home-grown African solutions worked out by our own experts. The <-/deligates> also agreed that to help African economies address the challenges of the 1990, ECA needs to find more imaginative ways to serve the member states and enhance their position in an increasingly competitive and inter-dependent world. ECA acting Executive secretary emphasized the point by saying that African countries must promote economic co-operation and integration if Africa is to make a place for itself in a world economy that is characterised by powerful trading blocks in other regions. He went on to say that African governments have to ensure the effectiveness of their public sectors in promoting economic development. He also said that this is important because the implementation of economic and social programmes falls largely on the public sector. He finally emphasized that all countries should aim at striking a balance between food production, population growth, human settlements and environment. Supporting the environmental issue the conference concluded its session by emphasizing that the environment question is much related to their respective countries as is the debt burden. Task III The difference between the report and the article: First the heading bears straightforward words, there is no connotative meaning. It is all capitalized and underlined. The <-_reporters><+_reporter's> name does not appear at the top of the report but comes to the end of it. The report also states explicitly where the meeting was held rather than letting the <-_read><+_reader> imply from the article. The units are not single sentence paragraphs composed of several sentences depending on the idea/ideas discussed in each paragraph and thus making the paragraphs fewer but longer. The report normally follows the normal subject-verb pattern and not the verb-subject pattern as it was shown in the article above. For example in the report we have: ECA acting Executive Secretary emphasized the point, and a member from Tanzania's National Planning Commission suggested Grammatically the report is dominated <-_with><+_by> reported speech and therefore uses words like: it was agreed, it was noted and it was pointed out in the passive voice. Consequently past tense is predominantly used. At the level of vocabulary, the use of long words can be noted. For example 'deteriorating' instead of 'getting sicker'. There is little room for inventiveness in the report than there is in the article. In the article there can be some biases especially when the reporter gives out his own ideas but not in the official report where the reporter has to report only facts. NT-ESS10T The quotation in the question is all about the exercise of displaying of goods or articles in the shop as to whether this can amount to compulsory sale. It is found in the Law Quarterly Review Volume 55 [1939] <-/where by> Winfild, P.H. showed the position under common law. In addition to that he tried to make a clear distinction between offers and Invitation to treat in relation to business undertakings. In an ordinary meaning offer is said to be the act of one to put forward, to be accepted or refused; say what one is willing to pay, give or exchange. Hence one can offer a reward, help or any aid. As a legal term, offer is an expression of willingness to a contract on certain terms made with the intention that it shall become binding as soon as it is accepted by the person to whom it is addressed. It is then an important ingredient towards the formation of a contract as it the first step <-/where by> the proposal of a contract is made by one to enter into a legally binding agreement with another. In order the contract to be observed by the eye of law, an offer must made of a term or terms; moreover it must be made willingly. That means the one who makes an offer (offerer) must be to be bound by the terms he has accepted; also such terms must be clear and certain. Furthermore the offer must be a final and firm expression of willingness to be bound if the other party accepts it. "An offer is nothing until it is accepted," this statement draws attention as one <-_have><+_has> to know the term acceptance. Literally; to accept is to agree, recognize, approve or receive something offered; Generally we can say it is taking of responsibility toward an offer. In legal terms acceptance is the assent to the terms of an offer. It is a final and unqualified expression of an assent to the terms of an offer. This is also an essential element to convert an offer into an agreement; Thus an offer lies unfractified unless it is accepted. POSITION UNDER COMMON LAW In common Law, (English Law) a familiar rule is that, one who accepts an invitation to do business is not <-/there by> accepting an offer so as to constitute a contract between them. It is an invitee who makes the offer if any. Here it comes true in common law that the display of goods in the shop with a price-marked is just an invitation to treat; it does not constitute any offer, rather it is an invitee who makes an offer while invitor is free to accept or reject it. This was made clear in <-_the> Winfield's article on offer and acceptance <-/where by> he revealed the effect of making a shop a place of compulsory sale. He said; "If a display of such goods were an offer; then the shopkeeper might be forced to contract with his worst enemy, his greatest trade rivals, a reeling drunkard or a ragged and verminous tramp. That would be a result Scarcely likely to be countenanced by the law". He further argued that even in <-/business like> <-/Inn keeping> common carries where the business lied under the duty to render services to any one; there is a free selection of an invitor to select a customer; He explained: "An Innkeeper is not bound to accommodate a common prostitute, A railway company is not bound to find transport for one who is not in a fit condition to travel". Putting much emphasis on this rule Winfield added that even in a ticket on a dock in a jeweler's shop would be marked "For sale for the first to come", constitutes only an invitation to treat and that the <-/first comer> must be the one <-_to><+_of> whom the jeweller approves. So here it is not enough to come first, one needs also to be accepted by the jeweller. Therefore the mentioned quotation tried to make a clear distinction <-_of><+_between> an offer and invitation to treat <-/where by> the final resort under the common law is that invitation to treat does not constitute any contract since it does not express final willingness by the one who invites to be bound by the terms. The invitor merely proposes certain terms on which he is willing to negotiate; that is why the shop becomes a place for bargaining. Even in a self-service shop the display of the article or goods with price-marked <-/lebels> upon them does not constitute an offer since it is the customer who has got the choice of picking the goods be wants and go to the cashier's desk and give his offer which may be accepted or not on any <-_ground><+_grounds>. For example the shopkeeper or cashier may say that he is not going allow another customer to have an article because he has already promised his best friend to take it. By picking articles in a self-service shop there is <-_no><+_not> any effect on sale until the buyer's offer to buy is accepted. The question is more clarified in the case of pharmaceutical society of Great Britain V. Boots cash chemists (southern) Ltd, where <-_by> the shop operated self-service charged with selling drugs which were listed under a statute as to be sold under the supervision of registered pharmacist. The Learned Judge (Lord Goddard C.J.) had this to say:- "...It would be wrong to say that the shopkeeper is making an offer to sell every article in the shop to any person who might come in and that person can insist on buying any article by saying; accept your offer." In common Law there is a realization of freedom of an Individual to deal with his own properties; hence <-_the><+_a> man is free to display his own property as much as he can, and on top of that he is also free to put this expression of invitation in his own manner as well as accepting the offer from the person he approves and at his desirable price. Another case to support Winfield's view is Fisher V. Bell where a shopkeeper displayed a flick-knife in his shop window with a price ticket behind it. He was then charged with offering for sale an article contrary to section 1(i) of the Restriction of Offensive Weapons Act 1959 as it was then [now repealed]. The court held that the shopkeeper was not liable because the display of the knife in the window was not an offer for sale. In common Law this is a general rule as it seems to protect both sellers and customers. As Lord Goddard once said: "If a display in self-service shop were an offer, the undesirable result would follow that the buyer would be bound to buy as soon as he picked up the goods to examine them". HOW DO OTHER JURISDICTIONS CONSIDER THIS DOCTRINE? All legal systems seem to regard the question of goods or articles displayed as one of construction rather than interpretation. However there is no agreement among the legal systems considered as to what the rule of construction should be. The French, Swiss and <-_Egyptians><+_Egyptian> legal systems construe the display of articles in a shop window as an offer if the price is indicated. Otherwise it is merely an invitation to treat. In these countries, the shopkeeper has the right to substitute another article of the same kind and quality for the particular article exhibited in the window or displayed. If the shopkeeper has no other articles of the same kind and quality then the effect of the buyer's acceptance of the offer is the conclusion of a contract with respect to the article in the window or displayed. This approach seems to embrace the reality because for an ordinary person display of an article with a price-marked would appear to be an offer, the acceptance of which concludes the contract. SITUATION IN TANZANIA In Tanzania the country which received law of contract Ordinance originated from India the law is silent about invitation to treat, so it is open to the Court of Tanzania to follow the common law or to establish a suitable approach to suit the circumstances prevailing. But though the law of contract ordinance says nothing upon the issue; there are here and there interferences which <-_hinders><+_hinder> the rule to be used. This situation has never attained the actual shape since it has been changing to suit the economic and political changes. In 1973 the Parliament of Tanzania enacted the law known as the Regulation of price Act 1973 which aimed to take into account in determination of price structures and to look upon commodities and services essential to the community, avoidance of unduly rapid or frequent variation of prices, to preserve and promote the competitive position of local products in the domestic market as well those comes from foreign countries. The Act was also enacted so <-_a><+_as> to prevent peasants and workers from being affected adversely by unnecessary and unjustified price increases. Moreover, the regulation of price Act deals with the display of maximum prices in relation to price controlled goods under the National price commission which determines reasonable prices and provided their orderly variation when necessary. Therefore the above situation disturbs the possibility of using the doctrine of invitation to treat. The display of scarce goods in Tanzania is directly an offer, hence when scarce goods in Tanzania are displayed in the shop is selling not merely an invitation to treat . Section 20 of regulation of prices Act No. 19 of 1973, makes an offence to sell any price controlled article over the maximum price fixed by the price commissioner. The rule of display of goods as an invitation to treat was even put under terrible situation by the Government Notice 126 of 1975 where it provided; Every trader who supplies price controlled goods and every trader dealing in or authorized by his business licence to deal in any non-price controlled goods has, when offering or exposing such goods for sale: (a) In case of price controlled goods mark in RED the price at which they are offered for sale ... and (b) In case of non price controlled goods mark in plain figures in BLUE or BLACK the price at which they are offered for sale". Here the Notion of freedom of private property has been violated and even the allegation that the shop is <-_the><+_a> place for bargaining is no more workable. <-/Futhermore> the Economic and Organized Crime control act 1984 as amended in 1987; which was formally section 194(A) of Penal Code explains that: "Where a trader has displayed his goods and refuses to sell them to a person offering to buy then he commits an offence known as hoarding" The National Price commission Act deals with: (a) Determination of reasonable price and provide their orderly variation when necessary. (b) To ensure compatibleness and <-/conforaicty> of prices in relation to principles of socialism economic and social aspiration. This National Price Commission act advocates for the state controlled economy which makes the doctrine of invitation to treat lack its mechanism. All in all one can say that the position in Tanzania as to whether a display of goods with a price-marked can constitute an offer may be traced from the time when the country was facing <-_the> economic hazards <-/where by> the country was suffering under scarcity of necessary commodities such as sugar, soap, <-/kerosine> and others. THE SITUATION UNDER TRADE LIBERALIZATION The trade liberalization started slowly by the 1984 budget. This among <-_the> other things eased the constraint on the availability of <-_the> consumer goods and <-_squared><+_secured> a revival in <-_the><+_a> wide range of private trade and other economic activities. The policy permitted importation of goods that were to be sold at market clearing prices. The policy, when adopted, was aimed at reducing the serious shortage of essential goods and <-_inputs><+_input> that was common throughout the economy. It was considered as temporary measure applicable to approved list of goods but due to increasing softness of the state almost all goods could be imported. NT-ESS11T The supremacy or rule of law has been since the middle age a principle of constitution. It means that the exercise of powers of the government should be conditioned by law and that the subject shall not be exposed to the arbitrary will of the Ruler. There is much truth in the contention that "Principles of constitution are only political principles." The rule of law had a different interpretation under Weak = Lancastrian Monarchs than under Tudors. It has been said that unconstitutional may mean that merely contrary to tradition but "the principle of 1689 have become part of the accepted theory of democracy" and "in the political sphere there is much in the whig philosophy with which any democrat will agree and which is, therefore, an accepted and, one might almost say, permanent part of the constitution". But the rule of law is a concept of greater antiquity, <-/athough> admittedly it had to be reconciled with the doctrine of parliamentary supremacy in the course of the seventeenth century contest with the crown. HISTORICAL BACKGROUND OF THE CONCEPT OF THE RULE OF LAW In the middle ages the theory was held that there was a universal law which ruled the world. Bracton writing in the first half of thirteenth century deduced from this theory the proposition that rulers were subjects to law. There had been alliance between common lawyers and parliament. That alliance had its roots in the later middle ages. Mediaeval lawyers never denied the wide scope of the royal prerogative, but the king could do certain things only in certain ways. It was not <-/untill> the seventeenth century that parliament established its supremacy, but Fortescue, C.J. Writing in the reign of <-/Henrey> V had applied what later became the two major principles of Constitution - The rule of law and the supremacy of parliament - and relied upon the rule of law to justify the contention that <-/taxiation> could not be imposed without the consent of parliament. With the rise in the sixteenth century of the modern territorial state the mediaeval Conception of a universal law which ruled the world gave place to the conception of the supremacy of the common law. The abolition in 1640 of the court of <./>sta Chamber ensured that the principles of the common law should apply to public as well as private law. The rule of law meant the supremacy of all parts of law of England both enacted and unenacted. The supremacy of the law together with the supremacy of parliament were finally established by the Bill of Rights in 1688. DICEY EXPOSITION OF THE RULE OF LAW Of all writers on the constitution since Blackstone the most influential has been the late A.V. Dicey whose lectures delivered as Vinerian <-/proffessor> of English law at Oxford and first published in 1885 under the title 'introduction to the study of the law of Constitution have been studied by successive generation of statesmen, lawyers and a large section of those interested in public life. The constitutional law of today differs in many respects from that of 1885, but the influence of Dicey remains the real force. There is no better way of distinguishing between permanent and impermanent feature of our constitution than by examining the principles of the Constitution as expounded by Dicey and determining how far they hold good today. Of those principles which Dicey expounded that which has had most influence and at the same time has received most criticism is his exposition of the rule of law. DICEY'S THREE MEANING OF THE RULE OF LAW The concept of rule of law would seem to have existed since the days of Aristotle. Mostly however, the concept is discussed starting from the middle ages. Then the concept mainly meant that the exercise of the government powers should be or be done in accordance with the law. and no subject should be exposed to the arbitrary will of his ruler. It no longer merely meant that the <-/maintanance> of law and order, that is applicable only to citizens, but it applied just as well to the rulers. it was Dicey who spelt out the concept contained. Dicey says "every official from the Prime minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen." Dicey gave three principles of Rule of law. a] THE FIRST MEANING OR PRINCIPLE OF THE RULE OF LAW This covers the absence of arbitrary power. it follows that no one can be lawfully restrained or punished or condemned in damages except for a violation of the law established in ordinary legal manner before the ordinary court of land. The rights of personal liberty and of freedom to speech, the liberty of the press and the rights of public meeting are all a result of application of this fundamental principle. It means in the first instance that the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and exclude arbitrariness of prerogative or even of wide discretionary authority on the part of government, a man may be punished for a breach of law he can not be punished for nothing else. This interpretation conveyed that no man is punishable or can be lawfully made to suffer in body or property except for a distinct breach of law established to the satisfaction of a judge or jury or Magistrate in proceedings <-/regulary> instituted in one of the ordinary court of justice in this sense the rule of law is contrasted with the system of government based on exercise by persons in authority of wide arbitrary or discretionary powers of <-/constrants>. SECOND MEANING OF RULE OF LAW ie subjection of officials to the ordinary courts. Here the term means that no one is above the Law, Everyone whatever his position, minister of state or government official, soldiers or policeman is governed by the <-/>the ordinary law of the land and personally liable for anything done by him contrary to that law and he is subject to the jurisdiction of the ordinary courts of justice, civil and criminal. This means equality before the law or equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts. in this sense the rule of law conveys that no man is above the law, that officials like private citizens are under the duty to obey the same law and (though this does not follow that there are no administrative courts to which are <-/reffered> claims by the citizens against the state or its officials. Dicey contrasted the rule of law with the droit administraetif of France. He was to contrast the disadvantage involved in the system of administrative Law and administrative court to judge disputes between officials and citizens with the advantage enjoyed by Englishmen through the absence of such a system. He did not properly appreciate the working of the French system of Contentieux administraitif by the conseil defat this was indeed the chief party of droit administraitif with which he dealt. Nor did he pay much attention to the wide powers of Executive which existed in England even in his days!! The Law which regulates the powers and duties of public authority and officials in England is as much administrative law as the droit administraitif of France even though its enforcement or supervision may be controlled by the same courts as the rest of English law. But although Dicey misinterpreted the meaning of droit administraitif his emphasis upon equality before the law served to stress that fundamental liberty can be protected by the common law - that police law is not law and that freedom requires legal system which protects essential liberty. THIRD MEANING OF THE RULE OF LAW ie Constitution is the result of the ordinary Law of the land. The rule of law as expounded by Dicey means that with us the Law of constitution, the rules which in Foreign countries naturally form part of Constitutional Code are not the source but the <-/consquence> of the right of individuals as defined and enforced by the courts, that, in short, the principles of private law have with us been by the action of Courts and parliament so extended as to determine the position of the Crown and of its servants thus the Constitution is the result of the ordinary law of the land. By this is meant that the legal rights of the subjects eg. his freedom of action and speech are secured not by <-/guarranted> rights proclaimed in a formal code but by the operation of the ordinary remedies of private law available against those who unlawfully interfere with his liberty of action, whether they be private citizen or officials. A person <-/libbeled> may sue his defamer. Free access to courts of justice is an efficient guarantee against wrong doer. Each of these three meanings of rule of law were given by professor A. V. Dicey and their exposition. MODERN <-/CONCEIPT> OF THE RULE OF LAW The <-/conceipt> of rule of law has since the end of the second world war been a matter of universal discussion and endeavour to formulate the basic elements of the rules so far from principles being confined to the common law jurisdiction. The Rule of law is now considered as a basic idea which can serve to unite lawyers of many different systems of all of which aim at protecting the individual from the arbitrary government. In this way the rule has come to be identified with the <-/conceipt> of the right of man. Most countries outside the communist world accept that the rule of law has positive content, no matter how much the content may differ in various countries. If justice is to be done in the process of harmonizing the opposing nations of individual liberty and public order, that is achieved ultimately but not exclusively by the ordinary courts. There are however other methods of making a government submit to the law, such as adjudication, by administrative tribunals and action in the legislature at the instance of private members, and even in the case of action by subordinate authority by high administration control. all these <-/methodes> play their part in securing the observance of the law and <-/ordery> government (in the United Kingdom) UNIVERSAL APPLICATION OF RULE OF LAW In one sense the acceptance of the Rule of law as a feature of the positive law of the land, is an international obligation which has been accepted by all States United States, United Kingdom which are parties to European Convention on human rights. This convention has recognized that a citizen is entitled to redress against his own state if certain basic rights are violated. It is therefore a prerequisite to adherence to the convention that the law of each state should contain provisions to maintain administration on lines which recognize its submission to that law. With this view the <-/Internation> Commission of Jurists an international organization with <-/Consultetive> Status under the United Nations has undertaken a series of studies which have been discussed at successful congress in various parts of the world. Congress was held in Delhi 1959, where representatives of no fewer than <-/fifity> three countries. Judges, <-/laywers> and teachers of law affirmed in a formal declaration is a dynamic concept which should be employed to safeguard and advance the political and civil rights of individuals in a free society. Moreover, the Congress for the first time associated the concept with the establishment of social, economic educational and cultural conditions under which the individual could realise his legitimated aspirations and dignity. <-/admitedly> this goes much further than to English practising <-/laywers> or the administrator would normally claim. But the Congress through four <-/comittes> reported on the practical safeguards required for the <-/maintance> of the rule of law. Thus the Committee which was concerned with the legislature and rule of law emphasized that the legislature must not pass <-/discreminatory> laws in respect of individuals, classes of persons and minority groups nor interfere with religious groups, beliefs, nor places restrictions of freedom of assembly. such safeguards should of cause depend for their efficacy on the constitutional arrangements within each state. NT-ESS12T I. INTRODUCTION. As a universal phenomenon, education has been viewed as a tool of both physical and mental liberation. It has thus been a conserving machinery for society's institutions and values. Being a society's concern, education should be provided equally to all members of the society without rank or privilege differences. Therefore, a social state where all people have equal rights without ranks or privilege differences is what we term as democratization. What then is education? According to Nyerere (1967) education is defined as a process of transmitting knowledge and cultural values or heritages from one generation to another. It is a continuos process of knowledge acquisition that is to say, every activity of day to day life which expands man's knowledge. As a tool of liberation and development education should be democratic and therefore every member of the society should be provided a kind of education which is useful to his society and to an individual being a member of the society. Thus - democratizing education is a fundamental question. The question of democratizing education lay its basis on Article 26 of the United Nations Universal Declaration of Human Rights of 1948. The Declaration states that every one has the right to education and that education shall be free, at least in the elementar.. and fundamental stages. Elementary education shall be compulsory, Technical and professional education shall be equally accessible to all on the basis of - merits. In this essay the prospects and problems of democratizing education in Tanzania will be discussed. The essay will analyse prospects and problems of democratizing education in Tanzania in the areas of equality of education. These areas include access to education, equal treatment of students - specifically the need for a common curriculum, Free education and the provision of quality education. 2. PROSPECTS OF DEMOCRATIZING EDUCATION IN TANZANIA. The kind of education Tanzania inherited from the colonists at the time of it achieved her independence was pyramidal and elitist. Only a few received it and its content did not prepar Tanzanians to perform their social roles as Tanzanians. After independence Tanzania had a lot to do so as to decolonize the system of educat.. it inherited from the British colonizers. 2.1 QUANTITATIVE PROSPECTS: Expansion is one of the great aspects Tanzania achieved in the process of democratizing educatio.. In the first five year plan, the 1961 Education Ordinance was formulated, and among many oth.. things expansion was one of the issues to be dealt with. Both the central government and local Authority participated in building and facilitating schools. With expansion, there was an increase in enrolmen.. at both primary and secondary level for instance. There were only few students in primary school in 1961 but within five years of independence there was a remarkable change in enrolment a.. Morrison (1976:113) noted that the total number of all students in aided schools rose from 482,12 in 1961 to 740,991 in 1966. There was also an increa.. in enrolment in the aided secondary schools as Morrison indicates, there were only 11,832 student.. in all forms by 1961 and there was an increase of 100 % in 1966 when the number rose to 23,836 The period from 1961 to 1967 indicated also a growth in higher educational provision in the country. In 1964 a new campus for the University College of Dar-es-Salaam was opened. There was an increase in enrolment at the university level - both at the University of East Africa and foreign universities. According to Morrison (1976:117) the total enrolment in all degree courses rose from 926 in 1961-62 to 2,026 in 1966 - 76. The five year plan envisaged a continuing heavy capital commitment to the University College and there was an increase in the number of Tanzanians studying towards degrees at the University of East Africa and abroad. 2.2 THE UNIVERSAL PRIMARY EDUCATION. The TANU executive committee meeting in Musoma in 1974 called for Universal Primary Education (UPE) in the famous resolution called Musoma-Resolution. It was a response to the prevailing situation of inequalities in education between urban and rural areas as well as gender imbalances. The programme targeted to reach its climax by 1977, later the target was revised to 1989. Enrolment especially that of Primary School pupils increased. The number of pupils enrolled in 1974 according to the Basic Educational statistics (1971) was only 208,300, the number reached 542,977 by 1976. The ratio of girls in primary schools was almost equal to that of boys. Schools were built and even more students were enrolled, and with the villagilization policy the people were brought together in Ujamaa villages thus exposing them to the nearby schools. 2.3 GIRLS AND SECONDARY EDUCATION. To ensure that the problem of gender inequality in secondary school is reduced the Tanzania government established Girls' secondary schools in many parts of the country. The exercise received a new feature in the early 1980's when new schools such as Kondoa, Maswa, and Mpanda as additional to the former existed schools for girls were opened. Als District based day schools help girls to get places in those schools. On top of the newly opened schools, girls are also assisted to secur.. places in secondary schools by the quota system Due to the system, relatively many girls are selected to go to form one who would have not been selected through a more competitive procedure. According to the Basic Education statistics in Tanzania (1991) girls enrolment in the public secondary schools was 41.52 % in 1990, and girls comprised about 38.4 % of the total private secondary schools enrolment. 2.4 EDUCATION FOR SELF-RELIANCE. The Arusha Declaration was made public on February 5, 1967. The then president of Tanzania Mwalimu Julius Nyerere issued on March 9 a manifesto on education. This was Education for Self-Reliance. According to Nyerere (1967) despite the fact that the most glaring faults of education system have been tackled, there were four basic elements in the system existed which tended to undermine attempts to develop Tanzania along the socialist path to develop it intended to pass. The system of education continued to be elitist, it also divorced its participants from the society, it was bookish and it was also not integrated to the community. The implementation of the Education for Self-Reliance policy led to the introduction of a new curriculum to suit Tanzania.. history, racial and religious aspects were eradicated school biased streams for technical, agriculture, and academic were established. Emphasis was put on primary school development closing the gap between urban and rural areas. The policy affected the content of education and its quality for that matter, thus called for a complete content type of education at every level. 3. PROBLEMS OF DEMOCRATIZING EDUCATION IN TANZANIA. Despite the prospects Tanzania have in the process of democratizing education, there are many Problems. The problems range from the quality of education, limited capital, lack of appropriate educational policy making as well as cultural stereo type. 3.1 THE QUALITY OF EDUCATION. Soon after independence and especially after the Arusha Declaration, some policies were formulated to improve the quality of education. Such policies as Education for Self-Reliance, Universal primary Education and the Adult education programme. The vast expansion of students that occured in Tanzania in 1977 with culturation of univers.. Primary Education (UPE) brought about some drastic decline in the quality of Education. There was a problem of Teachers for example. Ishumi (1986: 8) pointed out that the teacher pupil ratio in some cases has reached 1:70, the proportion outrages professional specifications of an ideal classroom and anticipated teacher pupil relationships and interaction. There is a problem of inadequancies also in educational material provision particularly in the area of essential textbooks, schoolbuildings and classroom of right sizes to match the pupil intakes, teaching materials and equipment such as chalks, desks and teacher tables. All these problems render to a poor quality of education 3.2 LACK OF AN INTEGRATED CURRICULUM. Among the objectives of Education for Self-Reliance was to integrate the education system with the community, to instill the sense of creativity and confidence among Tanzanians, as well as to provide knowledge and skills for self-reliance. These objectives were not successfully achieved. Diversification and vocationalization for instance failed thus leading to the unemployment and rural urban migration among school leavers. As Dewey (1961: 191) says, The scheme of the curriculum must take account of studies to the needs of the existing community life, It must select with the intention of improving the life so that the future shall be better than the past Due to the problem of curriculum development - even to the Agricultural, Technical and Commercial biased schools and the general non-dimension in the primary schools the problem of unemploym.. and rural-urban migration as pointed out above is still persisting among school leavers. Poor Policy making which is not made by professional experts and which is also external oriented adds a problem to unintegrated system of education. The recent eradication of practical experiments in secondary schools - science subject is partially partly a result of external pressure exerted by donors. With external influence in our curriculum development we can not have a democratic education system. On this point Dewey (Ibidem: 192) says that a democratic Society is percuriarly dependent for its maintenance upon the use in forming a course of study of criteria which are broadly human. With unitegrated curriculum there are two major effects on our education system at present. The first is the decline in enrolment as people or parents (to be specific) fail to notize the difference they are loosing hope with the output return of education so long as the education provided is not vocationalised. Secondly, there is a decline in the quality of education. 3.3 LIMITED CAPITAL. Another problem Tanzania is facing in democratizing education is limited capital, mainly financial and other resources. The financial- problem is confroting both the government and parents. The goverment allocates a very little amount of its budget for education sector. This limited resource is a causative factor to the decrease of the quality of education especially in primary and secondary education. According to Galabawa (1990) only 4 % of the Gross National Product in Tanzania was spent in education between 1980-90. This lead to poor incentives and facilities. Teachers for instance are not well paid that there is a serious problem of rioting and probably not teaching satisfactorily at present. On the other hand the re-introduction of Cost sharing and school fees is a heavy burden thus, most of the parent can not afford the cost of educating their children. This problem is facing even the higher education institutes, and with the proposed second phase of cost sharing, the enrolment rate at the university level for instance which according to Galabawa (Ibidem) is 0.01% at present will even drop down. 3.4 GENDER IMBALANCE IN HIGHER LEARNING INSTITUTIONS. There is also a problem of access to education for girls especially in higher learning institutions. This is due to socio-economic and cultural factors, and the lack of government policy with a gender- perspective. According to the Basic Education statistic in Tanzania (1991) the total number of girls in the whole education system in Tanzania secondary schools for instance, was only 1,302 in form five and six in the year 1988. This number was not proportional to the number of boys which was 4,919 in the same year. According to the official statistics also there is a declining proportionate of under-graduate at the Universities of Dar-es-Salaam and Sokoine from 20 % to 17 % between 1983 and 1988. Socio-economic factor is the major problem to- the position of girls in higher learning institutions and secondary level. Research shows that most of- the girls in secondary schools tend to come from- relatively better off backgrounds. In some families Parents prefer their daughter to get married rather than schooling mainly by avoiding the risk they would get when their daughters become pregnant- while parents have used a good sum of money- in educating them. However, this is a cultural stereo-type that girls are not for schooling; and partly due to the absence of a government Perspective policy to guarantee girls when they get such a problem while in school.