- Tanzania, United Republic of
Kelvin Bakebula
St. Augustine University of Tanzania, LAW, Undergraduate
This paper attempts to make an analysis on the legal frameworks governing SIM Banking as a subset of e-banking on the laws and practice as well as its role towards availability of banking services in Tanzania. Its main purpose is to... more
This paper attempts to make an analysis on the legal frameworks governing SIM Banking as a subset of e-banking on the laws and practice as well as its role towards availability of banking services in Tanzania. Its main purpose is to examine the legal challenges brought by development of ICT in the country, laws governing its operations and practice of SIM Banking in operations and practice of banks in exposition of their obligation to the people of this country.
The use of a mobile phone to conduct payment and banking transactions in Tanzania is growing at a significant rate. SIM Banking offered by CRDB Bank holds the prospect of offering a low cost and accessible transaction banking platform anywhere without going to the bank.
On January 29, 2010 the Tanzanian Parliament passed the Electronic and Postal Communication Act (EPOCA) of 2010, where many peoples expected the law to address the issue of e-banking as we was in deed in practice of e-banking. Nevertheless, the Act regulates electronic telecommunication and not e-commerce where SIM Banking is a subset.
In the absence of legislation, consumers were at risk and cyber criminals utilized the gap to affect their illegal acts.
After a long debate since the enactment of EPOCA and increasing of crimes by using lacuna of law in perpetrating crimes, the government enacted The Cybercrimes Act, 2015 and The Electronic Transactions Act, 2015 to establish institutional frameworks governing electronic transaction, giving protection to consumers and related matters. These two laws are expected to create awareness among the societies in regard to electronic transaction.
The use of a mobile phone to conduct payment and banking transactions in Tanzania is growing at a significant rate. SIM Banking offered by CRDB Bank holds the prospect of offering a low cost and accessible transaction banking platform anywhere without going to the bank.
On January 29, 2010 the Tanzanian Parliament passed the Electronic and Postal Communication Act (EPOCA) of 2010, where many peoples expected the law to address the issue of e-banking as we was in deed in practice of e-banking. Nevertheless, the Act regulates electronic telecommunication and not e-commerce where SIM Banking is a subset.
In the absence of legislation, consumers were at risk and cyber criminals utilized the gap to affect their illegal acts.
After a long debate since the enactment of EPOCA and increasing of crimes by using lacuna of law in perpetrating crimes, the government enacted The Cybercrimes Act, 2015 and The Electronic Transactions Act, 2015 to establish institutional frameworks governing electronic transaction, giving protection to consumers and related matters. These two laws are expected to create awareness among the societies in regard to electronic transaction.
Research Interests:
The doctrine of common employment it is a well known principle in England established by lord Abinger in the year of 1837 in the case of priestly v fowler . The doctrine was later developed in the case of Hutchinson v York Newcastle... more
The doctrine of common employment it is a well known principle in England established by lord Abinger in the year of 1837 in the case of priestly v fowler . The doctrine was later developed in the case of Hutchinson v York Newcastle Railway corp . The doctrine simply based on the liability towards the master to the injury caused by a servant to another servant of the same master on the course of employment such that such kind of damage the master would not be liable and hence the injured party could not sue or bring an action against the master. There for protecting the master from liabilities that arises of it.
In view of this remembrance this article will focus on several areas in which his doctrine pass through and its effect in England starting with the development of the doctrine in England , reasons why the master was not held liable for such injury committed by his servant also the doctrine as an exception to employers liability, essentials for this doctrine to be used as a defence some of the exception for this doctrine and different laws which were passed concerning this doctrine and last abolition of the doctrine of common employment in England.
In view of this remembrance this article will focus on several areas in which his doctrine pass through and its effect in England starting with the development of the doctrine in England , reasons why the master was not held liable for such injury committed by his servant also the doctrine as an exception to employers liability, essentials for this doctrine to be used as a defence some of the exception for this doctrine and different laws which were passed concerning this doctrine and last abolition of the doctrine of common employment in England.
Research Interests:
It examine this rule developed by Blackburn in 1868 and its aplication in our legal systems