Most legislation is outdated and has inadequate penalties to deter repeat offenders from degrading environment. For example, most of the penalty provisions were enacted in the 1950s and 1960s. And under Section 26 (1) of the Forests Ordinance, Cap 389 that except where another penalty is provided any person who is convicted of an offence under the Ordinance shall be liable to a fine not exceeding Tshs. 3000/= (equivalent to USD 3.72 at the rate of $1= Tshs. 805) or to a term of imprisonment not exceeding six months.
Another scenario is depicted in the unreported case of Republic vs. Ramla Halfan [Alasiri: 2000]. There, the court found the alleged offender guilty for her failure to keep her cesspit in good order and repair. The court convicted the offender and ordered her to pay a fine of only Tshs. 15,000/= (equivalent to USD $18.63). The latter is so minimal and therefore does not act as deterrent against future violations, instead, it allows violators to profit from their illegal acts. In addition, the low fines discourage prosecutors from prosecuting offenders of environmental violations.
