FACULTY : FBIS.

PROGRAME : LL.B II.

COURSE NAME : COOPERATIVE LAW AND POLICY.
COURSE ANTE : LAW 205.
COURSE INSTRUCTOR : DR. RUTABANZIBWA.
TASK : GROUP ASSIGNMENT.
PARTICIPANTS:

S/N NAME OF THE STUDENT REGISTRATION NUMBER SIGNATURE

1 AlBINUS R CHAHIZA Mocu/LL.B/
2098/23
2 Nasmu Mohamed LIWOLA MoCU/LL.B/1954/23
3 Mpaji Mohamedi Ally MoCU/LL.B/2152/23
4 Brian Patrokil Kitaly MOCU/LL.B/1912/23
5 James John Mhekwa MoCU/LL.B/2050/23
6 ELIAS JOHN BARAZA MOCU/LL.B/1919/23
7 Nancy Adolf Kawiche MOCU/LL.B/2140/23
8 KAMILA ISAYA NDUNGURU MOCU/LL.B/1941/23
9 CHRISTABELLA CHRISTOPHER DESAZZY MoCU/LL.B/2076/23
10 Paschal Basili Kimolo MoCU/LL.B/ 2110/23
11 Rebecca Dionis Mkundi MoCU/LL.B/2153/23
12 LETICIA LIGITI NEBBI MoCU/LL.B/1945/23
13 MACKLINA CHARLES NOFOLA MoCU/LL.B/2093/23
14 Uamsho Magesa MoCU/LL.B/2071/23
15 Zaharani Mugisha Jamiru MoCU/LL.B/2071/23
16 SHELTER SYLVIA SHAMGE MoCu/LL.B/2156/23
17 Linda D. Shirima MoCu/LL.B/2148/23
18 Juma issa mdoe MoCu/LL.B/2118/23
19 BELINDER MISSO MOCU/LL.B/2031/23
20
21
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 Cooperative society refers to an association of persons who have voluntarily joined together to archieve
a common end through the formation of democratically controlled organization, making equitable
contribution to the capital required and accepting a fair share of the risks and benefits of the
undertaking in which the members actively participate1. The International Cooperative Alliance (ICA)
outlines seven cooperative principles that serve as the foundation for cooperative governance: voluntary
and open membership, democratic member control, member economic participation, autonomy and
independence, education, training and information, cooperation among cooperatives, and concern for
community. These principles are rooted in values such as self-help, self-responsibility, democracy,
equality, equity and solidarity2. The statement provided under the question which is in position of
similarity of what is stated by famous Professor Hans Munkner who said “ In Africa, many cooperators
think that cooperatives are government affair.” , clearly paint a picture that cooperatives are not able to
develop themselves into a viable capability of managing themselves, the state normally hijacked(take
over or control) cooperatives as Harry Porvali lamented;

“ it was only after (African) governments “hijacked” cooperatives and made them tools to implement
their own development policies, stamping the movement as government institution in many
countries, that the cooperatives which were formed spontaneously by the members under the existing
“colonial law”, (as well as those formed under the “new” laws which replaced them) acquired the
stigma of being government institutions in many (if not all) African countries” 3.

from what is stated above it means that in most African countries, cooperatives are operated with
absence of principle of autonomy and independence contrary to what is provided under section 3(2)(d)
4
. As the government frequently hijacked cooperatives operations. Thus, to ensure that Tanzanian
cooperatives operate according to established cooperative values and principles while minimizing
unnecessary government interference, several strategies can be implemented which are.

Formation of policies.

The oxford Advance Learners Dictionary, at page 893, define a term policy as; “ a plan of action,
statement of ideals, and so on, proposed or adopted by a government or an organization”. The
government should establishes polies that understand the role of cooperatives while maintaining the
principle of autonomous and independence of the cooperatives. The policy should create a favorable
climate and condition for cooperative development without directly intervening in the management or
decision making processes of cooperatives. For example, the policy should come with the objectives of
setting up a legal and administrative system which guarantees cooperatives autonomous and
independence, for instance, the government should create a special court, that is, Tribunal which is
specialized in cooperative matter as these ordinary court mostly lacked cooperatives knowledge which
may lead to the intervention to the cooperatives operations 5. Also cooperatives as an organization,
should establishes policies that maintain their autonomous so as to escape government intervention. For
example, cooperatives should creates policies that emphasizes values of self-help and self-responsibility
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section 3(2)(d) of The Tanzania cooperative societies Act, 2013.
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so as to be self-reliable organization. Therefore, in order to ensure that Tanzanian cooperatives operate
according to established cooperative values and principles while minimizing unnecessary government
interference, the government and cooperatives themselves should create policies that aim for
cooperative development while maintaining the principle of autonomous and independence.

Provision of education and training.

As provided under section 3(2)(f) of The Tanzania cooperative societies Act, 2013, Cooperative society
has a duty to educate and inform its member and general public about the nature and benefits of
cooperation. The cooperatives should invest in continuous training and awareness rising activities to it’s
members and public in general to ensure they fully understand the cooperative values and principles. For
example the cooperative should educate their members on the importance of their role in the
cooperative and how it operate as a self-governed, member-focused organization. This will help to
combat any misconceptions that the cooperative is an extension of the government and will help to
eradicates the government interference on cooperative operation as the public are aware that
cooperatives are autonomous and independent organizations 6. Therefore, in order to ensure that
Tanzanian cooperatives operate according to established cooperative values and principles while
minimizing unnecessary government interference there must be a promotion of education and training
about the nature and benefits of cooperation.

Ensure financial independence and stability.

As provided under section 4 of The Tanzania cooperative societies Act, 2013, the government as the duty
to provide financial support to cooperative societies for their development and prosperity. While the
government facilitate access to financial resources (loans and grants), cooperatives should have the
autonomy to manage these resources independently and ensure they are used to benefits the
members7. Apart from relying to government financial support in order to acquire full autonomous
cooperative should actively uphold the values of self-help and self-responsibility and the principle of
member economic participation among the member by doing so they can create strong and self-reliable
organizations that are free from government control8. Therefore, in order to ensure that Tanzanian
cooperatives operate according to established cooperative values and principles while minimizing
unnecessary government interference the government must facilitate access to financial resources and
cooperatives should have the autonomy to manage these resources independently.

Cooperation among cooperatives.

For Cooperatives to serve their members more effective and in order to strengthen the cooperative
movement, cooperatives have to work together through local, regional and international structures. It
emphasizes that cooperatives, by working together at local, national, and international levels, can better
serve their members and contribute to the broader cooperative movement 9. Therefore, Stronger
Community Collaboration amplifies social and economic benefits for the members of the cooperative.
For instance our cooperative society through collaboration among different members, good and an
outstanding relationship have been made among members of the society regardless of the position of

6
section 3(2)(f) of The Tanzania cooperative societies Act, 2013.
7
section 4 of The Tanzania cooperative societies Act, 2013
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any society member. For instance, by collaborating together among different cooperatives can
strengthen these cooperatives financial capabilities making them not reliable to government financial
support, thus creating autonomous and independent organizations.

Accountability and Transparency.

Accountability is the situation whereby every person in cooperation societies perform well his or her
duty accordingly depending on the concern of the cooperative societies for examples in the
cooperatives societies known as Afya Kwanza on the issue of accountability every societies may
perform his or her obligation depending on the demand of his or her societies without any interference
from the government whereby through that may help every individuals in every cooperative societies
to engage equally in every cooperative societies and become more accountable to his or her
cooperative societies .Also another issue is the transparency this is where every thing which concern
with the cooperative societies must be known to the cooperatives members so even on the issue of
leadership system , various issues concerning cooperative societies like Afya Kwanza every member in
this cooperative must be aware concerning his or her cooperative on the basis of objectives set by such
cooperatives , various disputes arising in this cooperatives must be known to its member to allow them
to work freely whereby through this can enables the government to provide much support in this
cooperatives in order for them to increase their standard on level of development and any other
whereby through this can help to reflect various principle and values and the way they have been
reflected by this cooperatives and help to show the way they have been maintained under the principle
of democratic member control and also under the values of openness also being symbolized by such
situations. So through decision making is whereby such situation might be reflected.

Principles of Cooperatives Related to Accountability and Transparency

Voluntary and Open Membership: This principle emphasizes that membership should be open to all
individuals who are willing to accept the responsibilities of membership. By ensuring that all members
have equal access to information regarding the cooperative’s operations, you promote transparency.

Democratic Member Control: Members have a voice in decision-making processes. Implementing

regular meetings where members can discuss issues openly allows for accountability as leaders must
report on their actions and decisions.

Member Economic Participation: Members contribute equitably to, and democratically control, the
capital of their cooperative. Transparent financial reporting ensures that all members understand how
funds are being used, which enhances accountability10.

How Accountability and Transparency Prevent Government Interference

Building Trust with Stakeholders: When Afya Kwanza Co-operative Society operates transparently, it
builds trust not only among its members but also with government officials. This trust can lead to more
favorable relationships where government entities respect the autonomy of your cooperative rather
than seeking to impose regulations or oversight due to perceived mismanagement or lack of clarity.

Clear Communication Channels: Establishing clear communication channels within your cooperative
ensures that all stakeholders are aware of policies, procedures, and financial matters. This reduces

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misunderstandings that could lead to governmental scrutiny or intervention.

Regular Audits and Reporting: Conducting regular audits by independent third parties can enhance
credibility. Publicly sharing audit results demonstrates a commitment to accountability which can deter
unnecessary governmental interference by showcasing compliance with legal standards.

Clear Communication Channels: Establishing clear communication channels within your cooperative
ensures that all stakeholders are aware of policies, procedures, and financial matters. This reduces
misunderstandings that could lead to governmental scrutiny or intervention.

Regular Audits and Reporting: Conducting regular audits by independent third parties can enhance
credibility. Publicly sharing audit results demonstrates a commitment to accountability which can deter
unnecessary governmental interference by showcasing compliance with legal standards11.

The formation and strengthening of the legal framework for Afya Kwanza involves several key steps:

Registration and Incorporation: The first step is to register Afya Kwanza as a co-operative society with the
relevant government authorities. This provides the co-operative with legal recognition and the necessary
permits to operate12.

During the registration process: the co-operative's founding documents, such as the constitution or by-
laws are established, section 52 of the cooperative societies act [2013]elaborates on the concept of
powers to make by-laws. These documents outline the co-operative's purpose, governance structure,
membership requirements, and other operational guidelines13.

Compliance with Co-operative Laws: Co-operatives in the region are typically governed by specific co-
operative laws and regulations. Afya Kwanza must ensure that its operations, decision-making, and
policies adhere to these legal requirements. This may involve obtaining necessary licenses, permits, and
approvals, as well as submitting regular reports and financial statements to the relevant regulatory
authorities14.

Developing Internal Policies and Procedures: In addition to the founding documents, Afya Kwanza should
develop a comprehensive set of internal policies and procedures to guide its day-to-day operations.
These may include policies related to member engagement, financial management, risk management,
human resources, and conflict resolution, among others.

As Afya Kwanza grows and evolves, it is important to regularly review and update its legal framework to
ensure compliance with any changes in co-operative laws or regulations. This may involve seeking legal
counsel to advise on matters such as contract negotiations, liability management, and compliance with
relevant laws and regulations15.

By establishing a robust legal framework, Afya Kwanza can ensure the co-operative's longevity, protect
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Page 13 Cooperative Law in practice by Peter Yeo M. Sc
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Section 8(2)(a)(i) of The Tanzania cooperative societies Act, 2013. The section provided that the commission is
responsible for registration of cooperative societies.
13
Section 52(1) of The Tanzania cooperative societies Act, 2013.
14
Section 52(2) of The Tanzania cooperative societies Act, 2013
15
Section 53 of The Tanzania cooperative societies Act, 2013.
the rights and interests of its members, and operate in a transparent and accountable manner. This will
contribute to the overall strength and sustainability of the co-operative society.

REFERENCES

BOOKS

1. Manyara, M. K. (2003). The Development Of Operative Law And Policy In Kenya. Oscan
Print.
2. Yeo, P. M. (1989). Cooperative Law In Practice. Published Jointly By Plunket Foundation
For Cooperative Studies, Oxford And Holyoake Books Manchester.
STATUTE.
1. The Cooperative Societies Act. 2013