Legal and Practical Challenges in the Implementation of Public Right of Access to Public Leaders' Asset Declarations in Tanzania

Abstract

Public right of access to leaders' asset declarations is key to democratic governance
and public leaders’ integrity and accountability. The Government of Tanzania
constitutionalized and codified this right since 1995. Nonetheless, practical
implementation of this right has remained insignificant. For instance, between 2003
and 2020, there were only 14 individual’s inspection requests lodged. Except one
request, all were denied without reasons and only one petition to the High Court was
made to challenge the denial. The paper argues that, the ineffective implementation of
this right is caused by legal and institutional weaknesses, limited public awareness,
pervasive secrecy culture and inadequate political will. The paper recommends for
comprehensive legal framework review, allocation of enough funds to the Ethics
secretariat, continuous provision of public awareness and sensitization, regular
capacity building and re-branding of the Ethics secretariat in order to change its
negative public image.