The Right to Legal Representation: A Prospect of the Examinations Irregularity Proceedings in the Higher Learning Institutions in Tanzania

Obwana, Paul Binton Ogonoh (2018) The Right to Legal Representation: A Prospect of the Examinations Irregularity Proceedings in the Higher Learning Institutions in Tanzania. Masters thesis, The Open University of Tanzania.

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Abstract

The study was basically dealing with the rights to legal representation with a prospect to the examinations irregularity proceedings in the higher learning institution in Tanzania. The specific objectives of the study included: To explore the accessibility of the right to legal representation, to examine how due process of the law is uphold and to scrutinize how “fair hearing” is conducted at the examinations irregularities proceedings in higher learning institutions in Tanzania. The research methodology employed in the study was both doctrinal legal research and field research where interview was used as a research tool to supplement information which was otherwise unavailable under doctrinal research. The analysis was done via legal reasoning tactics of analogy, deductive and inductive techniques, explaining areas of difficulties and weaknesses thereby necessary recommendations were made for future developments. The study found that most of the institutions do not grant right to legal representation to alleged students and those students are unfairly treated during the examination irregularities proceedings thus the study recommended among other things that the right to legal representation to be granted to students and that such right should be expressly incorporated in the Constitution of the United Republic of Tanzania to provide a constitutional bench mark for all agencies vested with powers to determine the rights of citizen whether judicial or quasi-judicial bodies.

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