Reflections on Incorporating Alternative Dispute Resolution into Environmental Dispute Resolution in Tanzania: Lessons from South Africa

This article examines the legal framework for Alternative Dispute Resolution (ADR) and the incorporation of its diverse mechanisms into the resolution of environmental disputes in Tanzania. It also undertakes a brief analysis of the framework in South Africa which recognized ADR models in the resolution of environmental disputes. The South African regime can serve as a policy reference point for Tanzania. South Africa’s National Environmental Management Act (NEMA) explicitly authorizes the use of ADR in the resolution of environmental disputes. Furthermore, the South African Department of Forestry, Fisheries and Environment (DFFE) promotes ADR as a medium for the peaceful and efficient resolution of environmental conflicts. However, this is a sharp contrast to the legal regime in Tanzania, where the flexibility of ADR has not been convincingly utilized both by regulatory and institutional processes, as well as parties to environmental disputes. Among other things, the article examines the Environmental Management Act of Tanzania and the National Environmental Management Council (NEMC) of Tanzania with a view to see how the resolution of environmental disputes can be strengthened through the use of ADR.