Tackling money laundering in
Tanzania: are private legal
practitioners crime enablers or
ineffectual and reluctant
gatekeepers?
Eugene E. Mniwasa
Department of Management Sciences, The Institute of Finance Management,
Dar es Salaam, United Republic of Tanzania
Abstract
Purpose – This paper aims to examine the money laundering vulnerability of private legal practitioners in
Tanzania, the involvement of these practitioners in money laundering activities and their role in preventing,
detecting and thwarting money laundering and its predicate crimes.
Design/methodology/approach – The paper applies the “black-letter” law research approach to
describe, examine and analyze the anti-money laundering law in Tanzania. It also uses the “law-in-context”
research approach to interrogate the anti-money laundering law and to provide an understanding of factors
impacting on the efficacy and readiness of private legal practitioners in Tanzania to tackle money laundering.
The review of literature and analysis of statutory instruments and case law, reports of the anti-money
laundering authorities and agencies and media reports-generated data are used in this paper. This
information was complemented by data from interviews of purposively selected private legal practitioners.
Findings – Private legal practitioners in Tanzania are vulnerable to money laundering. There is an
emerging evidence that indicates the involvement of some private legal practitioners in the commission of
money laundering and/or its predicate crimes. The law designates the legal practitioners as reporting persons
and imposes on the obligation to fight against money laundering. Law-related factors and practical challenges
undermine the capacity of the legal practitioners to curb money laundering. Additionally, certain hostile
perceptions contribute to the legal practitioners’ unwillingness, indifference or opposition against the fight
against money laundering.
Research limitations/implications – The paper underscores the need for Tanzania to reform its policy
and legal frameworks to create enabling environment for anti-money laundering gatekeepers, including
private legal practitioners to partake efficiently in the fight against money laundering. It also underlines the
importance of incorporating the principles that govern the private legal practise to enable the practitioners to
partake effectively in tackling money laundering.
Originality/value – This paper generates useful information to private legal practitioners, policy makers
and academicians on issues relating to money laundering and its control in Tanzania and presents
recommendations on possible policy and legal reforms that can be adopted and applied to augment the role of
the legal practitioners in Tanzania to combat money laundering.
Keywords Tanzania, Money laundering, Gatekeepers, Law, Private legal practitioners
Paper type Research paper
The author would like to thank anonymous reviewers who read the original manuscript and provided
useful comments.
In conducting the research, the author did not receive any financial support from any third party.
The author declares further that there is no conflict of interest in the research.
Money
laundering
Journal of Money Laundering
Control
© Emerald Publishing Limited
1368-5201
DOI 10.1108/JMLC-03-2020-0028
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