1

CHAPTER ONE
1.0 Introduction/Background of the problem
Prostitution refers to the granting of sexual access on a reltively indescriminate basis for payment
either in money or in goods, depending on the complexity of the local economic system
1
. It is
translated in Kiswahili as umalaya and the prostitute as Malaya. Umalaya is used to refer to the
sex life of an individual considered to be promiscuous or loose in sexual relations. Prostitution is
mainly urban-based and usually refers to women; in the traditional African culture, promiscuous
or loose men are not considered as prostitutes
2
. In the case of R v.Nganderu
3
prostitution was
judiciary defined by Francis, J asthe practice of offering the body for promiscous or
indescriminate sexual intercourse with them.
Prostitution which is in existance ever since the earliest time of civilisation in the world has got
its way in Tanzanian society where a new form emerged in the late 1990s and it was nicknamed
uchangudoa(CD) to mean prostitution and the prostitute been named a changudoa. So far it
is not considered to be an offence under Penal Code
4
but immoral. With this attitude it lead to the
increse of rate of spread HIV/AIDS and other vineral diseases. This is due to the fact that
although the society consider it to be morally wrong, people both women and men involve
themselves in this field. Prostitution affects Tanzanian society in various dimensions where as
young children, and other are taken in by trafficking them from rural to urban areas like Dar es
Salaam, Arusha, Dodoma, Mbeya and other township areas. Also tracficking of persons os done
at worldwide level.
In overcoming the situation, laws
5
prohibits procuration, exportation and importation, or detain
in a brothel for prohibited sexual or sexual abuse
6
. It further prohibit the purchase, sale or
brtering of anyperson for money or other consideration
7
. The law also prohits people to live
whole or partialy on earnings prostitution or persistently soliciting for immmoral purpose
8
and
declare that any person who keeps a brothel is guilt of an offence
9
. The law does not provide any
provision which declares prostitution to be an offence and it neither state the position of the
prostitute. This shows that prostitution is not an offence. Due to vagueness of the law prostitution
is mushrooming in the urban places like Dar es Salaam, Arusha, Dodoma, Mbeya and other
growing place in the country. The results to pread of the veneral diseases particulary HIV/AIDS.


1
Abdrhaman, O.J.K(2008), Eking Out a living through prostitutio in Tanzania.
2
Olengulumwa.onexbllogsport.com/2009/08/prostitution
3
(1999) Case no. 18 unreported.
4
[CAP 16 R.E 2002]
5
Penal Code [CAP 16 R.E 2002] and SOSPA [CAP 101, 2002]
6
Section 139(1) (a-f) of the Penal Code [CAP 16 R.E 2002]
7
Section 139A ibid.
8
Section 145 and 146 ibid.
9
Section 148 of the Penal Code [CAP 16 R.E 2002]
2


1.1 Statement of the problem
Prostituion which is believed to thave existed ever since the earliest times of civilisation in
the world is also existing in Tanzania and it gained momentum as professsion in the 1990s. It
is not sipulated clearly in Tanzanian laws as an offence but among the socoety it is highly
conidered aginst morarity. in the words of one Nairobi lawyer and a researchr at the Kenya
Law Reprts, Mr. Methew Ngugi, who explains the Kenyan Penal law position which is
similar to that of Tanzania on the matter at issue:
nowhere in the statutes does the law intervine in respect of adults engaging in sexual
intercourse behind closed door, regardless of whether money is exchanged in process....The
law only outlaws the soliciting in public , with intent to induce one to have an unlwful
intercourse connection with another person.
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With this statement, it can be pointed out that prostitution is not an offence under the penal
law. It is obvious people will be practising prostitution with no fear of any sanction leading
to the spread of vineral diseases partculary HIV/AIDS. This causes death of energetic people
who could be very productive for the development of the nation.
Strong and effective measures has to be taken in order to serve the nation against the diseases
and moral destruction in the society since in presence of the law prohibiting prostituion a safe
and clean nation will be maintained.

1.2 Objective of the study
1.2.1 General objective of te research
The general objective of this research is to expose the vagueness of the law in combting
prostitution in Tanzaia.
1.2.2 specific objectives of the research
To assess the reaction of the society in areas where prostitution is highly practised.
To suggest tentative approaches of eliminating prostitution in Tanzania.
1.3 Significance of the research
The conduct of this research is of much important as it will pinpoint exhaustively the loopholes
of the laws which are conerned with prostitution in Tanzania hence become useful to the
parliament for amending the laws and fill the gaps which are not currently covered.
The research will also provide accademic material to the students who will use this research as a
literature.

10
Abdulrhaman,O.J.K(2008)Eking Out a Living through Prostitution in Tanzania. P.145
3

1.4 Hypothesis statement
The vagueness in the law parteining prostitution exacerbate the persistancy of prostitution in
Tanzania.
1.5.0 Research methodologies and design
1.5.1.0 Research design
1.5.1.1 Scope of the research
The researcher may be conduct his research in any urban centre in the country. Ares like Dar es
Salaam, Mwanza, Morogoro, Arusha, Dodoma, Mbeya and many other places within the country
where prostitution is more pronounced.
1.5.1.2 unity of inquiry
The research will be conducted in Dar es Salaam due to the fact that it is the area where
prostitution is very much pronouced. The resesrcher will visit different areas where there is much
practices of prostitution. Areas like guests, casinos, bars and other normal residents for the
purpose of obtaining relevant and propriety information for this research.
1.5.2.0 Research methodology
The researcher will conduct research mainly in two stages that is to say field research and library
research. In collecing data th researcher wiil employ both primary and secondary methods for the
sake of obtaining detailed and information.
1.5.2.1 Primary data collection
This include data or informations obtained by the researcher himself in the filed through
personal observation, it is the raw information obtained in tehe field and examined by the
researcher
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. With regard to the study the researcher will employ the forthcoming methods:
1.5.2.2 Personal inteview
The researcher will conduct inteviews to differnt respondents. It will involve the personal
interactions by employing both structured and unstructured interview physically or through
mobile phones. The use of both types will guarantee accuracy and correctness with the view of
obtaining relevant and reliable informations.



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Majamba ,H.I (2009)Fundamentals of Legal Research A law students companion p.14

4

1.5.2.3 Questionnaire
The researcher will employ the questionnaire method particularly mixed questionnaire in the
instances where the respondents will appear to be busy. This will enable the researcher to collect
information from various people.
1.5.2.4 Focus group discussion
The researcher will organise defferent small groups of people and participate therein in oder to
collect differnt informations relevant for this study. The groups formulated by the researcher will
entail both people with legal knowledge and the laymen in the area of study. This method is
useful to the researche as it will enable him gather the informations and be in a position to
determine the attitudes of the people on the problem at hand.
1.5.3 Secondary data collection
This refers to the data obtained from the second source, it is no the researchers own findings in
the field, it is the data obtained by other researchers or scholars but used by the researcher and
they are botained through library research
12
. For the purpose of this study the researcher will use
secondary sources like books, articles journals, research papers, reports, newspapers and internet
sources.
1.6 Literature review
It is undisputed that a number of literatures addresses th e problem of prostitutuion in tanzania
and outside Tanzania. These include the following;
Kaniki, A.O.J (2008) Eking Out A Living Through Prostitution In Tanzania: Some Socio-
Economic And Lagal Perspectives, Open University Law Journal, v.2. p 133. In this article the
author has addressed the legal position of prostitution in Tanzania and at international level,
historical background, posible causes of prostitution, challenges or dangers which face the
prostitutes, and lastly has discussed as to whether prostitution shoul be legalised or not.
The author has shown the causes of prostitution to be pervasive poverty, bad up-bringing of
children by the parents, denial for gainful employment and broken marriages, disharmonies in
matrimonial homes, and such like domestic misunderstanding. The article is relevant to research
at hand as it addresses the present situation of prostitution, curent position of the law concerning
prostitution that the law only punishes those who procure, trafick and hobour prostitution. The
author has recommended som ways through which can be considered to reduced prostitution.
The author has recommended improvement of living condition by incresing development
programmes and projects particularly for women, cretion of employment or job opportunities
and the need for public education on negative side of prostitution. However the author has not

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Majamba ,H.I (2009)Fundamentals of Legal Research A law students companion p.14
5

provided the solution on prohibition of prostitution. With regard to this, the parliament has to
enact the law which will declare prostitution illigal as it is against the norms of the Tanzanian
sciety and it exacerbate the spread of vineral diseases.
Mapunda, A.M. The Effectiveness of Criminal Law In Regulating Sexual Behavior: An
Emperical Analysis of The Sexual Offfences Special Provisions Act 1998
13
, the act addresses
the legal position of the law on prostitution that is prohibits procurement and trafficking of the
persons for the purpose of prostitution. The act is relevant to the research at hand although it has
not addresses the guiltness of the prostitutes on which there should be a strictly law prohibiting
prostitution.



















13
[ACT No. Cap. 101, R.E 2002]
6


REFERENCES
LIST OF STATUTE
Penal Code [CAP. 16, R.E 2002]
Sexual Offences Special Provision Act 1998[Act No. 1 Cap, 101 R.E 2002]
CASES

BOOKS
Mjamba,H.I (2009) Fundamentals of Legal Research; A law student companion, Draft issued
for Restricted ciculation for use by students of shool of law.
JOURNAL/ARTICLE
Kaniki, A.O.J (2008) Eking Out A Living Through Prostitution In Tanzania: Some Socio-
Economic And Lagal Perspectives, Open University Law Journal, Vol.2 13215327; Falculy of
Law, University of Dar es Salaam
Mapunda, A.M.(2007) The Effectiveness of Criminal Law In Regulating Sexual Behavior:
An Emperical Analysis of The Sexual Offfences Special Provisions Act 1998[Act No.4,
Cap.101, R.E 2002]

ELECTYRONIC SOURCES
Olenglumwaonexblogsport.com/2009/08/prostitution
www.h.g.org/prostitution,law,html.