ASSESSING THE LEGAL CHALLENGES IN MEDIATING CHURCH CONFLICTS IN TANZANIA: A CASE STUDY OF SELECTED CHURCHES
Abstract
This article examines the legal challenges hindering effective mediation of church conflicts in Tanzania, with particular reference to selected denominations such as the Moravian, Pentecostal and Anglican Churches. While mediation is widely recognized as a culturally resonant and relationship-preserving dispute resolution mechanism, its application within church contexts remains legally and institutionally fragile. Key issues include the absence of statutory provisions to enforce mediated agreements, jurisdictional ambiguity between ecclesiastical autonomy and state oversight and procedural weaknesses such as the lack of confidentiality guarantees and the neutrality of mediators.
The Tanzania legal framework comprising of the Constitution of the United Republic [Cap.2 R.E 2005], Trustees’ Incorporation Act [ Cap.318 R.E 2025], Non-Governmental Organizations Act [Cap.56 R.E 2025], Civil Procedure Code [Cap. 33 R.E 2025] provides partial recognition of mediation but fails to integrate church-specific disputes. The article concludes by recommending reforms, adopting of model mediation clauses in church constitutions and judicial recognition of international settlements.
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