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Transcript of 2010-2!24!17!47!18_a Thesis Modified-Victoria Makulilo
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Private Financing in Tanzania: A Restraint on Democratization of Higher
Education Access by the Poor?
By
Victoria Makulilo1
1.1 Financing Higher Education in Tanzania: A Historical Perspective
The issue of access to higher education as explained by different models of financing lies on a
continuum of private-citizen responsibility to the general public (government) responsibility.
Financing higher education in Tanzania has broadly gone through three main phases: the free
education phase 1961-1980s, cost sharing phase 1980s-2004 and the loan phase 2004-to date. This
section briefly examines each phase paying attention to the factors, policies and laws that governed
financing of higher education. But it should be noted right from the beginning that while during the
free education phase the government was responsible for financing higher education, in the cost
sharing phase both students and the government shared the cost of financing higher education. In the
loan phase students themselves and/or their parents/guardians are responsible to incur such cost. In the
third phase the role of the government is just to provide needy students with some loans so as to access
higher education. This is, in principle, a process of moving responsibility from the government
(public) to nearly private and individuals.
1.1.1 Free Education Phase 1961-1980s
This phase was landmarked by three events that had some impact on the whole issue of financing
higher education. These events included the post-independent development philosophy in 1961,
establishment of one party state in 1965, and the adoption of Ujamaa (socialist) policies in 1967. At the
time of independence Tanzania was regarded to be democratic though the level of economy was still
relatively low i.e. Tanzania was a new nation emerging from colonial settings. At this particular time,
the country was guided by one major logic, developmentalism and Africanization as, the first president,
J.K Nyerere himself once remarked:
New nations like Tanganyika get their independence after a sustained struggle against colonialism. This
is a nationalist struggle which unites all the people in the country and does not leave room for differences;
and the nationalist movements after achieving independence, form the independent governments of their
countries. But immediately after its formation, the new government is faced with a major task that of the
economic development of the country and the general uplifting of the standard of living of all the people,
through eliminations of poverty, ignorance, and disease. In order for this objective to be successfully
accomplished there is as much need for unity as was required during the struggle for independence.
Similarly, therefore, there is no room for differences (TANU Annual Report 1965).
1 REDET M.A Sponsored Student (2006-2009); who did a thesis on Private Financing in Tanzania: A Restraint on
Democratization of Higher Education Access by the Poor. Currently she is the assistant lecturer at Dar es Salaam University College of Education, in the Department of Political Science and Public Administration.
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Just like many other African countries, at this precious time the country did not have experts,
professionals as well as educated people to carry out the development agenda, and therefore one
critical issue of the time was to train people to assist in development. It was this great demand for
educated people which forced the country to establish the Dar es Salaam University College of East
Africa in October, 1961. Similarly, the government financed wholly for such education. It should be
noted that at this phase the private sector was relatively small and weak.
In 1965 and 1967 the one party state and the Ujamaa policy were introduced respectively. The total
outcome of these events was to establish a centralized state. At this material time, the guiding
philosophy of the nation was collective ownership of the means of production and equal distribution of
resources. The government was the main producer and provider of goods and services excepting an
important role played by religious organizations. The government was equally the only sole financier
of higher education. Education was viewed as an instrument to achieve developmentalism. Education
for Self-reliance as one of the specific policies to economic developmentalism was adopted. The
objectives of education after independence, therefore, were centered on two things, the achievement of
economic development and building a socialist society. Buchert (1994:90) stresses this point by
asserting that, “the strong belief in education as a guiding tool to development was expressed in the
policy of Education for Self-reliance. This led to investment in mass education and reforms of the
inherited system related to issues of access, equity, and relevance.” The policy made access to higher
education free of charge. In order to have an effective implementation of the policy, an Act of
Parliament No.25 of 1978 was enacted which stipulates that, “subject to the national policy or national
education plans and priorities appropriately specified from time to time, every citizen of the United
Republic of Tanzania shall be entitled to receive such category, nature and level of education as his
ability may permit him.”2
Making education, and higher education in particular, a right to every citizen did have an assured
access to higher education by all groups, irrespective of wealth, religion, gender or ethnic background.
The Act did actually give equal access to massive participation in education by all groups in the
society irrespective of the economic status of the people in the society. The University of East Africa3
for instance comprised of about 60% entries from Tanzania (Mwingira and Pratt, 1967). However,
though the policy was premised upon equality and participation in education, there were inequalities in
terms of gender. Buchert (op.cit .) asserts that “the obvious social differentiation along social lines
which resulted from the unequal provision of education was accompanied by gender inequalities in
2 Tanzania statute (1978) Education Act no. 253 Included the University College of Dar es Salaam that became a full University in 1970 under the Act of Parliament No.
12.
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education”. For example, the disproportionate number of females as compared to males increased
threefold from 8% of total in 1961 to 24% in 1981.4
1.1.2 Cost Sharing Phase 1980s-2004
In 1970s Tanzania experienced severe economic crisis resulting from the Organization for Petroleum
Exporting Countries (OPEC) crisis of 1973, collapse of East African Community (EAC) in 1977, the
Kagera War of 1978/9, etc. The government attempted to resolve the crisis but failed. It was here,
where the government approached the external forces for some help. The external pressures from
World Bank (WB), International Monetary Fund (IMF), World Trade Organization (WTO) and the
donor community, just like in many African countries, forced Tanzania to restructure its economy and
politics. The Economic Recovery Program (ERP) of 1983/4, and the Structural Adjustment Program
(SAP) of 1986 were instituted culminating to the privatization of the hitherto state owned companies
and the introduction of market economy. At this particular moment the private sector started to
become stronger, in principle, at the expense of a small government. The role of the government
shifted greatly where it now prepares conducive environment for the private sector under the market
forces to operate smoothly.
The government, therefore, ceased to be the sole producer and provider of services and goods with the
exception of faith-based organization that helped the government in the same. It is here now, the
mushrooming of private universities started. They include the Hurbert Kairuki Memorial University
(HKMU), International Medical and Technological University (IMTU), Tumaini University (TU), and
St. Augustine University of Tanzania (SAUT). These also developed other private institutions of
higher learning. Related to this, the issue of cost-sharing was introduced as a policy in which private
individuals had to pay for a part of cost of services. Cost sharing went through three stages; the first
stage was during the 1992/93 academic year where students and their parents were required to pay
their own fares to and from their respective places of domicile to universities. The second stage was
during the 1993/94 academic year where students were supposed to pay for food, accommodation,
student union fees, and caution money. The third stage of cost sharing required students to pay for
tuition fees, examination fee, books and stationery expenses, special faculty requirements, and field
practice expenses. It was prior to the implementation of this stage that the Higher Education Students’
Loan Board Act was introduced.
Another landmark development of the time was the introduction of multiparty democracy in 1992 in
which the issues of human rights became more pronounced in political fora. This made it possible for
people to look at education as a right. The Constitution of the United Republic of Tanzania of 1977
4 Burchert, L. (1994:90)
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under article 11(2) states that; “every person has the right to self education, and every citizen shall be
free to pursue education in a field of his/her choice up to the highest level according to his/her merits
and ability”. In realization of this, the government enacted the Higher Education Policy in 1999,
committing it to assist all the needy students get financial assistance in order to access higher
education. Related to this, Article 11(3) of the Constitution of the United Republic of Tanzania 1977
states that, “the government shall endeavour to ensure that there are equal and adequate opportunities
to all persons to acquire education and vocational training at all levels of schools and other institutions
of learning.5”
The interpretations of Article 11(3) of the United Republic of Tanzania (URT) Constitution of 1977
leads to two positions: the first is the protection of the right to education hence preserving democratic
values such as equality, peoples’ participation (access), and freedom of choice (adequate
opportunities). The second is the emphasis over the role of government of ensuring and enabling
citizens to acquire education at all levels according to one’s ability. David Held as quoted in Sorensen
(2005) put it that, in a democratic state “individuals should be free and equal in the determination of
the conditions of their lives; that is they should enjoy equal rights (and accordingly equal obligations)
in specification of the framework which generates and limits the opportunities available to them so
long as they do not deploy this framework to negate the rights of others”. This calls for a bill of rights
that goes beyond to cast a vote to include equal opportunities (access) for participation and for
discovering individual preferences as well as citizens’ final control of political agenda. Those broader
and fundamental objectives and principles are to be put into specific educational policies that should
be part of overall national development strategy, clear achievable objectives, involving all
stakeholders, addressing equity implications, stating clearly about roles and responsibilities, and that
which are simple and possible to implement.6
1.1.3 Loan Phase 2004-to date
During the loan phase, financing education was reformed and a more effective financing plan was
established. The government introduced the loan scheme especially in the higher education so as to
give opportunities for the needy students to access higher education7. The assumption is that there are
students who are able to pay for their education while others are not. It, therefore, became necessary to
find a way in which all groups in the society benefit from the privatized education so that the objective
of development through self reliance could be realized. This was done through formulation of
education reforms in 1995 that led to the formulation of higher education policy of 1999. The reforms
seem to be the best way in which the equity and massive participation strategy could be maintained in5 This entails the core aspects of democracy such as equality and peoples’ participation6 The Tanzania Constitution, 1977.7 National Higher Education Policy, 1999.
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the new policy.8 The new policy did aim to ensure growing and equitable access to high quality formal
education.
Moreover, the higher education policy did identify distance education as a strategy to increase
participation in higher education. Distance education can be acquired through two main means, which
are, e-learning9, and the Open University of Tanzania (OUT). It is a supposition that students from
“educated families” and those from “rich families” have greater chance to learn online and at the Open
University too. This argument is based on two important factors, the first is there are no loans given to
students who learn online, and second, it concerns the availability of information where the major
source is the Internet. Internet is very expensive indeed and also not reliable in remote areas where
majority poor reside.
In 2004 the Tanzanian Parliament enacted an Act. No. 9 of 2004 (the Loan Act) that established the
Loan Board in continuation of the implementation of the Higher Education Policy of 1999. The Act is
an important instrument in assisting the needy students who can’t immediately pay for their education.
Under the loan scheme, students and/or their families pay for the whole cost. The government only
assists them to get interest free loans.
In Summary, Tanzania adopted liberalization policies in 1980s. These policies emphasized on the
private property and market economy. According to the policies, the state was supposed to play the
role of preparing conducive environment for markets in determining supply of goods and services.
Education until then was considered to be one of the services which was free of charge from 1961 to
1980s. It became commoditized and private individuals as well as sectors were supposed to finance
education services including higher education. Realizing that not all students might have immediate
ability to meet the cost of higher education, the government established a “Government Students’
Loan Scheme” to provide grants/loans to qualifying needy students only. Those with proven ability to
pay were not expected to be provided with government loans/grants. It was hoped that the Loan
Scheme would increase access to higher education by the majority poor. The purpose of this study,
therefore, was to examine the extent to which the Loan Scheme has provided access to opportunities
for the majority poor to pursue higher education. However, the author came with the hypothesis that,
“ Private financing of higher education does not by and large translate itself in increasing democracy
in accessing higher education by the majority poor in Tanzania”.
8 The Tanzania National Website, education reforms in 1995.9 Education obtained through the internet, there are on-line universities that offer degrees, masters and PhD, for example,
Minnesota online, Kaplan University, and Devry University , etc
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1.2 Considering the Factors Influencing Access to Higher Education
The access to higher education through a loan scheme presents a shift of financing higher education
responsibility from the government to the beneficiaries such as students and /or their families, NGOs,
and private companies including banks. It is suggested that students and their families should finance
education since they are the first and foremost beneficiaries of the education as they enjoy substantial private benefits after students’ graduation through interesting and pleasant jobs10. This is the logic why
they are required to pay for their education costs. Again parents/guardians are expected to pay for the
education because it is their obligation as parents (Merisotis and Wolanin, 2002). The ability to pay
for higher education by parents is determined by family social status which can be measured through
indicators like wealth status, education status, power status, and sex ratio as described hereunder.
However, the main variable of measurement concern is whether the shift of the education financing
responsibility has shifted to facilitate better access or not, particularly access by the poor. There are
some related pertinent concepts to be explained.
(a) Family wealth
This can be measured through family’s income for workers; assets owned by the family such as
furniture, house, car, ‘shamba’, and livestock kept; parents’ occupation such as teaching, accounting,
peasant, businessman/woman, etc
(b) Family education
This can be measured through family’s education level. It means if the members of the family are
highly educated then it is possible for a student from that family to get assistance in terms of finance
and awareness in accessing higher education. Again, it is possible for such family to ascertain loans
from various sources like the banks so that their students pursue higher education.
(c) Family power
This can be measured through political power that the parents possess. For example, a member of
parliament, minister, president, ambassador, village chairman, councilor, regional commissioner, ward
secretary, and the like. The high status of the president, for example, may be an advantage for a child
from that family to access higher education more easily than the child from village chairman. This
argument suggests that, a position like that of president is a good source of income and also the status
of the president is highly respected in the society.
(d) Family sex ratio
It is a historical phenomenon that females are less respected in the family than the males. And it has
been clear since in the introduction that the female’s access to higher education has been lower as
compared to male. Again, economically, females are the most vulnerable groups for many are poor,
specifically those from rural areas.
10 Such jobs lead them to live in better houses and higher social status, this is according to Merisotis J. and Wolanin, T.
(2002).
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1.3 Access Implications on Influence Considered
The National Higher Education Policy of 199911 enlisted several problems including lower enrolment
rates, gender imbalance, poor financing, unregulated and uncontrolled proliferation of tertiary
institutions. The designed measures to solve these problems are such as expansion of public facilities
and encouraging private universities, cost sharing, affirmative action to expand female participation,
and distance education. Such measures do intend to expound the access to higher education, increase
consumer choice and quality.
The above factors can be measured through dependent variable-indicators like admissions in both
public and private universities while paying much attention to enrolment rates. The other indicators
are associated with the financing of higher education which includes the loan board facility, and unit
costs in those universities.
However, one of the contending issues in the financing of education and higher education in particular
is the question of responsibility. The focus is “who should finance education, why and how?”. There
are various theories responding to this question while making analysis on access implications. These
theories are neo-liberal political economy, public good and a rights-based approach to education. This
part reviews various literature on access and financing higher education. A particular emphasis is
made to theories and models that explain who should finance education, why and how. Therefore a
thorough review of these studies will provide a framework in the analysis of private financing in
Tanzania and whether there is democratization of access to higher education by the poor.
2.1 Neo- Liberal Political Economy Approach
Neo-liberal political economy approach proposes for market operations in a conducive environment
prepared by the state. But the theorists oppose vehemently a direct role of the state in the ownership of
parts or whole of the economy12. Their argument implies that the state would be expected to reduce its
central role in the financing of education. The theorists also justify service provision by the market
through market forces of competition, demand and supply mechanisms whereas consumers are
guaranteed with quality as well as wide choice. However, one of the theoretical underpinnings of
liberalists is user fee and cost sharing in accessing the services. Functionally, user fees are to be used
by the state as a mechanism to obligate individual citizen to oversee access as well as quality of
education through paying capability. In the words of Omari (1991:37) that, “user fees in developing
countries are presented in the ways like, cost recovery, cost reduction and in the spirit of relieving the
11 Higher Education in Tanzania: A Case Study (2000) chpt.4 by Mkude, D. 200312 Yash Tandon, 2002 pg 5
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state of the burden of giving quality, affordable and equitable education to its people,” justifies the
function of user fees in neo-liberal perspective. Taking an example of education as a service, user fees
are the costs incurred by the consumers, i.e. the students, in and during learning. Such user fees and
cost sharing are like tuition fee, meals and accommodation expenses, transport expenses, and other
personal expenses; to mention only a few. This has a negative impact to the poor as Kiondo (1990)
puts it that, “the economic reforms that aim at cutting public expenditure through cost reduction on the
side of the government, present another area where the unprivileged suffer more than the resourceful
classes”. Thus, the re-introduction of fees in social services such as education, means diminishing
educational prospects for the poor.
The theory entrusts to the quality and people’s participation in higher education particularly, through
user fee and cost sharing blindly without taking into account the nature of people who will participate
in accessing education via demand and supply mechanisms. It is precarious to subject higher education
to the whims of market forces since those who are unable to compete are left out, and thus denied
access to that education. This is the major weakness of the approach in democratizing access to higher
education in Tanzania in which the majority poor in the society may miss the opportunity to access
higher education. Practically, it is quite astonishing to find out that though practicing neo-liberal
theory the developed countries have their governments still fully fund their universities and poor
students access higher education for free. One may take an example of the Scandinavian countries. In
support of this, Omari (1991:37) is puzzled as to why “user fees are made in developing countries and
yet developed countries fully fund their universities and uphold the principle that higher education
should be accessible to all applicants who qualify by ability and aspiration irrespective of the ability to
pay”. One may argue that in developing countries like Tanzania there is inappropriate application of
the financing mechanisms that are not grounded on democratic principles of human rights where right
to education is basic.
Neo-liberal theory is, therefore, very useful in the understanding of cost sharing policy in public
services such as education. It is worth acknowledging an assumption that with private provision there
is greater supply of the service, the consumer choices are widened, access to the service is also
increased and finally the quality of the service may be maintained. However, one may argue that, such
an increase of access is not for the poor, but it may be rather for the rich on the ground that the poor
can’t afford the cost appropriated to the service. Wimile (1997) explains this in a phrase that, ‘while
the rich can afford private alternatives, the poor are left in the cold’, meaning that, those who have
wealth will have both public and private consumption alternatives; while the have-nots will have no
alternatives.
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Therefore, neo-liberal theory overlooks the aspect of ‘the poor’ who can’t purchase the education
service. This is to subject the poor and the rich under equal mechanisms of the market forces that
might be disastrous to the majority poor. This is better explained by Musoke (1993) under a phrase,
“ give a rich man less food and he becomes thin; give the poor man less food and he dies.” This means
that the poor is highly affected when subjected to adverse conditions as compared to the rich man.
Therefore, neo-liberal theory does not give the poor peoples’ access to higher education as Galabawa
(1994) concludes that, for years neo-liberal framework of cost sharing had undermined access to
education among the poor in the country. The approach can only be useful if there are reliable and
clear but affordable mechanisms of financing higher education so that the poor can be guaranteed the
opportunity to access that education.
The financing responsibility advocated by this theory is largely private and individual consumer. This
is to say, individual students and/or their parents/guardians have that responsibility of financing their
education including higher education. The rationale for private financing, among other things, was to
put a relief on government as perceived the sole financier of the education. This was claimed to
diminish the access to universities for so long due to insufficient funds in financing all people who
qualify to join universities. In addition to that, private financing intends to enhance democratization of
access through competition, consumer choice, and equity among consumers, with the aim of attaining
quality and efficient products. These two positions are borne out of neo-liberal orientation that
supports the argument that, “cost-sharing13
can be supported by the presumption of the greater
efficiency and responsiveness of markets, at least where there is both competition, and costs to be
borne by the consumer.” And also, “universities and other institutions of higher education, whether
public or private, having to compete for students and to pay consequences for inefficiencies and/or
unresponsiveness are thought by this viewpoint to be more likely to provide a good education, at times
and in ways desired by the students rather than to operate mainly for the benefit of government or the
convenience of the faculty” (Jonstone, 2002:9).
Cost sharing under this framework is expressed in various forms. These are imposition of fees,
diminution of student’s grants or scholarships, and official engagement of private higher education
sector. The application of tuition fees by the public higher education institutions meant to supplement
institutional costs as a result of minimal or no subsidies extended to the universities from the
government or the taxpayer. This implies that, part of the burden that formerly taxpayers or
government had to carry is now shifted to the parents/guardians and/or students making a relief to
taxpayers. Therefore, tuition fees are a mechanism designed by the government to substitute
government funding of education as a result of withdrawal of the state in funding education. Thus, the
13 Cost sharing is embraced in the form of tuition, user fees, and official encouragement of a tution-dependent private
higher education sector (Johnstone, 2002).
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access to higher education is determined by the individual themselves through ability to pay tuition
fees.
Mdemu (2002:128), on the other hand, argues that “fees have been introduced in public higher
education institutions as cost sharing in order to shift some costs of education to the students who are
the beneficiaries”. It is important to contend that there are two analytical groups within this major
group of beneficiaries, basing on their socio-economic status. These are students from wealthy
families and those who are from poor families. It is actually impossible to share the costs of education
with poor students. One may ask, what is the rationale of shifting the education costs to students,
especially those with no ability to pay? Mdemu ( Ibid .) explains that, “The government cannot meet all
costs of education to support all students who deserve it due to limited fund”. In addition, Merisotis
and Wolanin (2002:146) provide other three primary reasons that pervade in the USA to justify
students and their families paying tuition fees. First, students enjoy substantial private benefits from
receiving higher education14. Second, parents are expected to pay for the education of their children as
it is their responsibility and their obligation as parents, which is a common cultural value. The third
account arises from political ground that, higher education is a relatively low priority compared to
other public purposes, and thus, parents and students should pay or pay more because government
can’t or will not pay. However, these reasons are also the explanations for the re-introduction of
tuition fees in Tanzania.
Diminution of student’s grants or scholarships is accomplished by “freezing” grant15 or loan level16 or
holding them constant in the face of general inflation this then erodes their real value. It can also be
through diminution of subsidies on students’ loans and through the increase in interest rates, or
reduction in the length of time that interest is not charged, or through reduction in numbers of loans 17
for which the payments for any number of reasons are forgiven. For example, in Australia, students
could borrow and repay as an income contingent loan at a rate of interest that would mirror the
prevailing Australian rate of inflation. In UK as well as the Netherlands, there are need-based grantsand loans that are to be paid as a portion of their earnings or “income contingently”. Therefore,
freezing grants and scholarships as well as holding loan level consequently limit access by the
majority poor as many can’t afford the costs of higher education.
The official engagement of the private higher education sector is a tuition-dependent higher education
with frequent public subsidization. It is in this way where participation of parents and students in
financing higher education is expanded vividly through the introduction of private financing and
14 This is through the interesting and pleasant jobs they have after studies.15 Like what Tanzania have introduced in 2004.16 Like what Tanzania offered, a loan of 2500TShs per day since 2001 to 2006.17 For example, the medical capitation fund was removed from the total loan given from 2006/07 academic year.
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private universities which are both, for profit and non-profit institutions. The high tuition fees imposed
by private universities, especially for profit ones, do prevent a thorough democratization of access to
higher education by the majority poor students. It is, therefore, convenient to argue that private
financing through various forms of cost sharing perpetuates obstacles for the poor to access higher
education. Its application needs a critical observation of how students from poor families will get
financial assistance in order to access that education. Since higher education is a democratic right of
each Tanzanian, every person has the right to equally access higher education based on each
individual’s ability and not wealth, gender, race, or physical disability.
2.2 Public Good Theory
In economics public good is a good that is non-rival or non-excludable 18. This means, consumption of
the good by one individual does not reduce the amount of the good available for consumption by
others; no one can be effectively excluded from using that good19. For example, if one individual eats
a cake there is no cake left for anyone else; but breathing air or drinking water from a stream does not
significantly reduce the amount of air or water available to others. Musgrave (1969:126,134-35)
explains that
“the condition of non-rivalness in consumption (or, which is the same, the existence of beneficial
consumption externalities) means that the same physical output (the fruits of the same factor input)
is enjoyed by both A and B. This does not mean that the same subjective benefit must be derived, or
even that precisely the same product quality is available to both. Due to non-rivalness of
consumption individual demand curves are added vertically rather than horizontally as in the case of
private goods. ”
There are actually two major categories of public goods; pure public goods and non-pure public
goods. Pure public goods are like national defense.20 The other category is that of service provision
and thus can be provided by either public or private. The main difference between public good and
private good revolves around the issue of who should pay for service. In the case of the public good,
the citizen enjoys the service without any direct costs. But in private good the citizen has to pay for the
service under market forces of supply and demand. The question of education and more specifically
higher education, as a public good has been debated for some time. However, the debate has ended
justifying higher education as a public good. This is well illustrated by Kaul, et al . (2003) under what
they call, ‘A triangle of publicness’ which is put as follow;
The triangle looks at public good from three perspectives. The first is publicness in consumption:
is a good consumed by all? The second is publicness in net benefits: are the goods’ net benefits
equitably distributed? The third is publicness in decision making : who decided to place this good
in the public domain?
18 Defined by Inge Kaul,2000 and also by Paul Samuelson, 195419 Expounded by Paul Samuelson, 195420 Johnson, P. 1994-2005
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The above illustration justifies higher education as a public good in two main factors. The first is the
role of higher education to all members of the society. It is necessary for majority members to get that
education, especially under this era of globalization, in order to realize individual as well as national
development. The second is the relation between higher education provision and the realization of a
democratic polity. The aspects of equity of access and people’s participation in decision making on
issues that are for people’s benefits can be maintained when higher education is for all. This
proposition is well summarized by Lumumba-Kasongo (2000) who asserted that, “the issues of
democratization of education and collective well-being are related to the notion of public good.” In a
way of simplifying, Kent (1997:181) explains that “public good requires that the individual has a place
in society, a basis for belongingness, for self-esteem and self-support.” It can be argued thus, that
higher education as a public good for national development should be accessible by all members of the
society.
Moreover, higher education as public good is also justified by the existence of the government which
is capable of maintaining accessibility, equity and affordability of the service to be provided. One of
the justifications for the existence of the state is the provision of services like education, transport,
health, water, etc. Similarly, Gandhi (2000) argues that, the key basic justification remained for the
role of government is the provision of public goods. Thus, the main financier of these services is the
government on behalf of the citizens. For example, Omari (op.cit.) asserted that traditionally education
in general and higher education in particular is to a large extent funded by the state in all countries of
the world, and that about an average of 85% of the fund is provided in the USA and Europe (not UK).
Again, it is in Lockean earlier thinking that the state is legitimated by its redistribution and provision
of public goods to the whole society. This was a result of the human nature and the contract theory.
This justification is in two methods, teleological and emergent justification 21 as it is perceived in moral
philosophy. It is in both methods that the state is justified in the provision of public goods. Garrett
(1992) has expounded the state’s justification to provide public goods as follows;
The public goods justification for the state, so impressive to economists and political scientists, goes
roughly like this. While a market system may allow self-interested individuals to create and allocate
many goods optimally, there exists a class of goods collective or public goods that are not produced
adequately in a market system. These collective goods are goods that all individuals want but for
whose production it is often not individually rational for people voluntarily to do their part to secure
a collectively rational outcome. The state can step in and force us all to contribute toward the
production of these goods, and we can all thereby be made better off.
The above submission explains two important issues in a way of justifying the financing of public
goods by the state. The first explanation is anchored on tax collection by the state. The collected tax
by the state is meant to improve the well-being of the society, and this can be realized through quality
21 Schmidtz’s D. 1991 in Garrett, 1992 A Review of Schmidtz’s Essay.
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service provision, education is one. The second explanation is directed to the producer of the service,
and it is assumed that the state is able to distribute equally to all people than the other private
producers. Therefore, with state provision of public goods, there are many considerations over the
accessibility, equity and affordability in the society concerned.
In advancements of the same, Samuelson (1954:350,356) puts a contrast between private and public
goods that, “… many though not all of the realistic cases of government activity can be fruitfully
analyzed as some kind of a blend of these two extreme cases” (p.350); the mixtures of private and
public goods (education, the courts, public defense, highway programs, police and fire protection)
have an “element of variability in the benefit that can go to one citizen at the expense of other citizens ”
(p.356). This argument suggests the inability of private provision of the public goods to realize
equitable access of the goods by every citizen. Education as a public good once provided and/or
financed by the private, equity of access is under arrest and the majority poor can’t access higher
education.
The financing responsibility is left to the government as the advocates of this theory contend. It means
that the government is responsible in providing direct financial support to the institutions and the
students as well. The rationale behind this is dictated by the social and economic realities under the
definition of political arena. One of such social and economic realities is egalitarianism.
Egalitarianism is one explanation to government funding as Mkapa (1999:15) did put it in a simpler
way that, “egalitarianism is the basic reason for the monopoly of the provision and financing of
education in Tanzania.” This was, also, put forth by Article 14 of the World Declaration on Higher
Education for the twenty-first century Vision and Action that the role of the state is central in the
process of financing higher education (UNESCO, 1998). Similarly, Jongbloed (2004:1-5) emphasizes
that, “the mechanisms for public funding contain important incentives to achieve higher education’s
three main goals viz.: quality, efficiency, and equity (access).” Thus, “public funding in higher
education is due because higher education provides social as well as economic benefits.”
Generally, public good theory explains largely about the role of the government in the provision and
financing of basic social services like education; but it is silent on the part of weak governments; in
terms of policy making, resource mobilization and allocation, and political stability, which do not
guarantee every citizen an access to higher education. However, the problem of free riders has been
one of the major weaknesses of this theory even though it has been neutralized by taxes that are
applied by government in securing revenues for the provision of the service.
2.3 A Rights-Based Approach to Education
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The rights-based approach entrusts the government to ensure that all people irrespective of their
wealth, gender, and race, do access education of better quality to any level of that education in each
persons’ ability. It has been a conviction of UNESCO (1998) that ‘education is a fundamental pillar of
human rights, democracy, sustainable development and peace, and shall therefore become accessible
to all throughout life.’ This means that, education is a pertinent tool for understanding human rights,
practicing democracy, and realizing sustainable development. It is a requirement that education should
be accessible to every citizen. Similarly, Breyer (2005:16) wrote in his tract ‘Active Liberty’ that, “the
people and their representatives must have the capacity to exercise their democratic responsibilities.
They should possess the tools, such as information and education, necessary to participate and to
govern effectively.”
It is assumed that the respect and promotion of human rights and particularly the right to education
will lead to access to education by the majority poor and consequently result into sustainable
development of the country. In contrast, denial to education results in denial of one’s human right,
development, peace and the capacity to exercise the democratic responsibilities like participation in
decision making and holding the government accountable. However, the necessary education to
facilitate those democratic responsibilities effectively and efficiently is the higher education,
especially in this twenty first century where life, science, social relations and politics are so complex.
Access to higher education could be assured by the government through formulation of education
policies that include public scholarships and publicly provided education programs. Cohen (2005:506-
507) explains that, “public scholarship is an educational philosophy in which the mission or desired
university outcome is democratic capacity-building among students and contribution to democratic
sovereignty. Public scholarship, therefore, carries an explicit appreciation of education’s special role
and the value of fully integrating scholarship with democratic practice.” However, Cohen and Eberly
(2005:2) expounded that “service and scholarship are too often either divorced from one another or
seen as one and the same. Separating service from the scholarship prevents higher education from
fulfilling its obligation to help build democratic capacity by preparing students-citizens for the habits
and practice of public sovereignty.” It can be summed up that, for any democratic government to
practice democracy, public scholarship is a must component in order to realize equity of access among
the haves and the have-nots. This is only when human rights principles are adhered to promptly. It is
concluded that, “service without scholarship places democratic capacity at risk” (Cohen and Eberly,
2005).
Following the commitment reaffirmed in the council’s 2005 year of citizenship through education, the
major and necessary objective of higher education in any democratic society is “to make education for
democratic citizenship based on all rights and responsibilities of citizens, an essential component of all
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educational, training, cultural and youth policies and practices.”22 It may be argued that, one of the
ingredients in building a democratic culture by governments is to protect and promote human rights,
right to education is one. On the side of individual citizens, every citizen has that democratic right to
access education to the level of her/his ability. Therefore, in a country like Tanzania, where
democratic consolidation is emphasized greatly, the right to education should be promoted and
protected by the government as well. It is appropriate to use this approach under this study as it will
give better explanations on the access to higher education by the majority poor.
2.4 Eclectic Approach to Financing Higher Education
This approach combines the good things from the public funding model and that of the private
financing model. That means both, the state/government and the private sector, have to finance
education. In this approach individual preferences are first prioritized and societal preferences follow.Thus, the government gives subsidies to the people in order to purchase education. These subsidies are
in form of vouchers and/or grants and loans that have to be repaid after the students have graduated in
the form desired by policy makers. Grants may be in different forms such as, scholarships or bursaries
and be means-tested or targeted in other ways (Woodhall, 2002:111). This form of financial assistance
provided by government is targeted to the most needy students and is not repaid later on. For example,
Great Britain links subsistence grants to its mandatory grants given to all students. In addition, the
subsistence part of the grant is given only to needy students (Colgan, 1994). Similarly, in Kenya, the
needy student receives a maximum amount of the grant of 8,000Ksh. (Ngolovoi, 2006). However, the
provision of grants by the government may be affordable when only a tiny minority of the population
enter higher education but would impose impossible burdens on the public budget as countries expand
access and move towards mass higher education (Woodhall, 2002:115). This presents a justification
for the use of both systems of funding higher education, i.e. grants and loans as complementary forms
of student support to access higher education in order to expand access and move to mass higher
education.
Despite the aforesaid justification on the use of loans as a means to increase access by the majority
poor, there are a lot of complications in the application of loans in democratization of access to higher
education by the majority poor. One of the complications is the presupposition that both the
government and the private sector would have to provide loans to the students from poor families for
they would have to access the privatized higher education. It is equally important to argue that loans
from the private sector (banks and other financial institutions) are meant for the well-off families
basing on two main reasons.
22 Declaration adopted on the Council of Europe at the Third Summit in Warsaw, May 2005.
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First, is the necessity of guarantor that should be collateral. This simply means the ability of assets to
support borrowing. Small farms and businesses can’t be accepted as collateral. It was, similarly,
commented by Tekleselassie and Johnstone (2002) that, “the home or farm or small business held by a
Ghananian or a Kenyan family can’t be collateralized for a loan at an acceptable rate of interest”.
More so, the need-based student from poor families in Tanzania does not have any collateral in order
to get such loans. Second, is the high interest rate which is imposed to the loan, for example, some
banks in Tanzania charge the interest rate on loans of 17% to 18% for 5 years. This is far above the
student loans provided by the government where the provision of guarantee and subsidized interest
rate charged are lower and loans are assured. In support of the government loans, Woodhall
(2002:117) argues that a few schemes provide with interest free loans, while others charge only the
recurrent rate of inflation, making the loans interest free in real terms. For example, in Germany, loans
are interest-free and must be paid back within 20 years (Colgan, 1994). In Australia, loans are repaid
as an income contingent loan at a rate of interest that would mirror the prevailing Australian rate of
inflation. In other words, the Australian student would repay in real terms whatever had been
‘deferred’ or ‘borrowed’ (Jonstone, 2002:77). In Tanzania, loans are interest-free which should be
paid immediately after graduation within 10 years (Tanzanian HESLB, Act No. 9 of 2004). Therefore,
most of the students will opt for government loans, and in absence of a well designed mechanism for
disbursing loans to the poor, the access to university by those poor will be limited.
Another critical problem that exists in the application of loans is the formula used to distribute loans to
students from poor families. Such formula is commonly known as “means-testing” or “loan formula.”
This formula is used for gathering information about the financial and family circumstances of the
student in a standard form so as to determine paying capability of the student’s family concerned.
Tekleselasie and Johnstone (2002) enlisted five main factors contributing to the difficulty of means
testing in very poor countries of Africa and elsewhere. These were: (a) there may be no effective
taxation of income (outside, perhaps, of civil service). (b) many adults may be employed in second
and third jobs in cash economies where relatively few accurate records may be kept and even fewer may be shared routinely with the government. (c) many families use banks seldom or not at all. Banks
may also have little or no ability or inclination to link either deposits/withdrawals or interest paid on
accounts to individuals and to share this information with authorities. (d) the market value of real
property may not be clearly known. (e) finally, to the extent that real property might be included in
assessing financing means, there may be a few ways to convert this asset to cash instead of selling it.
That is, the possibility of mortgaging or borrowing with the property as collateral may be limited.
Amongst those factors two are the most critical in testing capability of each student. First, is on
gathering useful information that would be in the form of cash or cash equivalents (Merisotis and
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Wolanin, 2002:150). In the context of Tanzania, particularly, many people are engaged in informal
sector activities where it is difficulty to determine their income generation per month or per year.
Their principle assets are in the form of livestock, land, almost temporary houses, and cheap home
furniture. It is, therefore, very difficult to gather useful information, necessary, and adequate as a basis
in granting loans to students. Second, is the mode of verification as whether the gathered information
through a structured form is true and accurate. Usually, students would provide false information for
the reason that they desperately need the loan and they sometimes cheat rather than miss the loan. It is,
therefore correct to argue that the exercise of verifying information will not be genuine and reduces
the accuracy of determining paying capability of each student’s family.
Notwithstanding, the problems in the application of loans as a means to increase access to higher
education by the majority poor students, loans may take different forms with varying degrees of
subsidy and methods of repayment. These forms are, mortgage-type loans, income contingent loans,
graduated tax, repay loans by working in a specific occupation (e.g. teaching), and through National
Service, for a fixed period of time. Therefore, through such forms students are assured to access higher
education and be made better-off after graduation since “higher education is a profitable private
investment; offering graduates high returns in the form of better job opportunities and higher lifetime
earnings. Again, loans give potential students from poor families, who would otherwise be denied
access to higher education on grounds of poverty, the chance to invest for their own future; by
providing them with financial aid when it is needed and allowing them to repay when they can afford
to do so.”(Woodhall, 2002:113). However, eclectic approach to financing of higher education is very
useful in accentuating access to poor students especially when administered properly.
Therefore, the eclectic approach to the financing of education is very useful in explaining the current
policy of financing higher education in Tanzania and the move to democratize access to university by
the poor. It helps to uncover the role of the government as the main financier of the education in this
era of liberalization of services where wealth is the predominant feature in the accessing of servicessuch as education. It is easier then to explain whether the Tanzanian government in particular has been
able to facilitate private financing in democratizing the poor’s access to university education.
3.1 The Loan Scheme and Students’ Access to Higher Education
The students’ access to higher education is determined by the model of financing education and the
extent to which the government is involved in realizing democracy in accessing education. Private
financing of higher education is one of the models of financing education which is currently applied in
Tanzania. The government is involved in facilitating private financing through loans. The
establishment of the Loan Board under the Higher Education Student’s Loans Board Act of 2004
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(which shall be referred to as the Loan Act) came as a mechanism to regulate private financing in
Tanzania. This part examines the extent to which the poor have been able to access higher education
through private financing.
The Loan Board is, therefore, a government institution that aims at, among other things, formulating
the mechanism for determining eligible students for payment of loans under the Act. In effect, the
Loan Board introduced Higher Education Students’ Loans Regulations, 2005 as a statutory instrument
and also Guidelines as departmental practice to guide the loan applicants, parents, guardians, and
general public with information on how to access the loan23. However, the Loan Board again
introduced specific formula as a mechanism for determining eligible students (poor) for payment of
loans. This formula is known as ‘means testing’. Therefore, the statutory instruments, guidelines, and
‘means testing’ form the foundation of government’s facilitation in democratizing access to higher
education by the majority poor under private financing of higher education in Tanzania.
The issue of access to loans is very challenging since it concerns opportunities and ability. As a rule
every person will struggle to his/her ability in order to have the opportunity to access loans.
Sometimes, cheating might be a strategy used by persons with the ability to pay and have the
opportunity to access loans at the expense of the poor. However, the main rule that regulates students’
access to loan is contained in section 16 (1) of the Loan Act. This rule provides that for a student to
qualify for a loan from the Loan Board she/he must be a needy and eligible student .
The term “needy student” is neither defined in the loan Act nor in the regulations. However the
2006/2007 Guidelines24 define the term “needy student” to mean a student who really deserves
financial assistance. This definition presupposes a student from a low economic class (status) i.e. the
poor. Contrary to this, the guidelines provide further in paragraph 3.10, groups of students who fall
within the definition of the term “needy student”. There are five groups, these are: a.) an orphan, b.) a
disabled student or a student who has disabled poor parents, c.) a student from a poor single family, d.)
a student from marginalized and disadvantaged groups and, e.) a student from a low income threshold
family earning national minimum wage or below.
The 2007/2008 and 2008/2009 Guidelines25 similarly define the term needy student to mean a student
who really deserves financial assistance 26. However these guidelines have slightly modified the groups
of students who fall within the definition of the term needy student. In these guidelines, a poor orphan
23
See, paragraph 1.0 of the 2006/2007 Guidelines.24 See paragraph 2.3.1 of the Revised Guidelines and Criteria for Granting Student Loan Starting 2006/2007 Academic
Year.25 See Guidelines and Criteria for Granting Student Loan for 2007/2008 and 2008/2009 Academic Years.26 See paragraphs 2.3 and 2.3.1 of 2007/2008 and 2008/2009 guidelines respectively.
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and a poor disabled student have been substituted for an orphan and a disabled student respectively. It
shows vividly that, through the definition of the term “needy student” by the guidelines a student from
poor family (low economic class) will have lesser priority in accessing loans than the one from a
family portraying various degrees of destitution like orphan and disabled. It is in this way where the
student from poor family is restricted to access financial assistance that was intended for. However,
the practice has shown that many of the applicants tend to express themselves as orphans so as to
access loans. The impact of defining a needy student as an orphan or disabled is to deny access to
many poor students in absence of accuracy in verifying the necessary information.
Moreover, the definition of the term “needy student” in the guidelines has been influenced by rule 4(3)
of the Regulations. Rule 4(3) of the regulations provides that in determining eligibility for assistance
under section 17 (1) (d) of the Loan Act27, a student shall be given priority in consideration for loans,
if he is (a.) an orphan, (b.) an applicant with disability (c.) an applicant from a single parent family (d.)
applicants from vulnerable groups (e.) female applicants pursuing or intending to pursue sciences,
engineering and technological course; or (f.) applicants from low income threshold family whose
expenditure does not exceed a minimum sum to be determined by the Loan Board from time to time. It
is argued that rule 4(3) of the regulations is a rule of priority. It applies only to a small group of needy
students envisaged in section 17 (d) of the Loan Act. This is the reason why even rule 4(3) of the
regulations makes a cross-reference to section 17(1) (d) of the Loan Act which is a broader rule
applicable to a large group of needy students.
It is submitted that construing narrowly the term “needy students” as the guidelines do may deny
access for loan to many needy students. This is clearly indicated by the dynamics of definition of the
term “needy student”. For instance, the 2006/2007 Guidelines define the term needy student with
reference to ‘physical disability’, ‘orphanage’ and ‘low income’. However the 2008/2009 Guidelines
qualified ‘physical disability’ and ‘orphanage’ with the ‘poor’. This means, students from lower social
status i.e. students from poor income threshold, that are not orphans or disabled would have lesser
priority and chance, and may be denied access. It is further, submitted that the term “needy student”
under the guidelines is not certain and clear. Therefore, in its current form, it is restrictive and
exclusive to a great number of needy students who really deserve financial assistance.
Like “needy student”, the term “eligible student” is not defined in the Loan Act and in the regulations.
However section 17(1) of the Loan Act provides criteria for determining an eligible student28. It is,
27 Section 17 (1)(d) of the Loan Act provides that a student is eligible for consideration for a loan if he is a person who has
no financial assistance from any other source or sources To cover the item or items of cost for which the application is
made.28 See part 3.3.2 of this chapter for further discussion of the term eligible student.
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therefore, submitted that an eligible student is any applicant who fulfills the criteria under section
17(1) of the Loan Act. However, eligibility and conditions for loan are governed by sections 17, 18 of
the Loan Act and rule 38 of the regulations. Section 17 lays down the criteria for eligibility for loan
while section 18 lays down conditions for access to loan. However, rule 38 of the regulations governs
criteria for eligibility for advancement for loan to postgraduate students.
Section 17 of the Loan Act lays the foundation of determining equitable access among students. It is a
general provision for eligibility of loan to students who are enrolled in higher education. Also, it
applies to any loan applicant irrespective of the level of his studies. It makes no distinction between
undergraduate and postgraduate students. However, it is important to note that if section 17(1) (b) of
the Loan Act is read together with section 3 of the same Act, on definition of the term ‘accredited
institution, it is apt clear that section 17 applies to higher learning institutions licensed to offer courses
which lead to an attainment of degrees or advanced diplomas. It must be made clear here, that degree
programs include both undergraduate and postgraduate programs. Thus, there are five criteria under
section 17(1) of the Loan Act for eligibility for student’s loan. This section provides that a student
shall be eligible for consideration for a loan under this Act if: (a.) he is a Tanzanian student (b.) he has
been admitted to an Accredited Institution (c.) he has made a written application in the prescribed
form (d.) he is a person who has no financial assistance from any other source or sources to cover the
item or items of cost for which the application is made (e.) he is a continuing student applicant, who
has passed the examinations necessary to enable him to advance to the following year or stage of
study.
The criteria set out in section 17(1) (a) to (e) of the Loan Act are cumulative. They are not meant to
apply in the alternative. This means, any loan applicant must fulfill all the criteria in paragraphs (a) to
(e) before he/she can be considered for loan. It is quite astonishing when the Loan Board invites for
applicants even before students who intend to apply for loan have not received their final results in
order to qualify for the university admission. One may depict the trend that it is a start of denying
access to education by the majority poor. The examination of the criteria for loan will provide an
assessment of the poor’s access to university.
The first criterion for eligibility is that the loan applicant must be a Tanzanian student29. By the term
Tanzanian student, it simply means that the student must be a citizen of the URT whether or not he is a
resident of the URT30. Since Tanzania has currently no citizenship identification cards, it is practically
difficult to determine which applicant is a Tanzanian and which one is not, just on the basis of
29 Section 17(1) (a) of the Loan Act.30 Ibid, section 3.
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information supplied by the loan applicants in the application forms. Similarly, those who are able to
pay for their education and be able to forge for citizenship will have access at the expense of the poor.
The second criterion is that the loan applicant must have been admitted to an accredited institution31.
An accredited institution may be a university or college. Admission to any of these institutions
automatically fulfills the requirements of section 17 (1) (b) of the Loan Act. It must be pointed out that
admission criteria vary from one institution of higher learning to another. It was, plainly, put by
Verghese (2004:19) that “in many countries, the competition for admission to public universities is
very high. In general, those who do not get admission to public universities seek admission in private
universities. In other words, chances are that the academic profile of the participants may be lower
when compared to those of their counterparts in the public universities.” Admission officers in private
universities admitted this during field research on an interview with the researcher that most students
who fail to be admitted in public universities seek admission in private universities. This suggests that
the entry qualifications or cut-off points for admission in private universities are lower than those in
public universities. However, such variations are not supposed to deviate from the entry qualifications
for admissions approved by the Tanzania Commission for Universities (TCU)32. Thus, admission to an
accredited institution puts all applicants at an equal level.
Inconsistently, the guidelines33 put academic merits as one of the criteria for eligibility for a loan.
There are two categories of academic qualifications. The direct academic qualifications for Advanced
Secondary School Leavers (ASSL) or form six leavers34 and equivalent qualifications for holders of
Ordinary Diploma and Full Technician Certificate (FTC). The 2006/2007 Guidelines provide that first
applicants with direct qualifications must possess academic scores between 6 and 15 for physical
sciences and between 8 and 15 points35 for humanities to be eligible for a loan36. These are classified
as first and second divisions/classes. Applicants with equivalent academic qualifications must possess
minimum of second class grade or an average of “B” score, if the equivalent qualification is not
graded37. Basing on the above argument of varying criteria in admitting students, it is appropriate to
say students admitted with third division/class like those in private universities and OUT are definitely
denied access to loan (Field data, 2007). One may conclude that most students from poor families who
do not get division I or II in their A-level results, can’t access the loan, hence they are denied access to
higher education.
31 Section 17(1) (b) of the Loan Act.32 TCU is a statutory body charged with the function of accrediting higher learning institutions in Tanzania.33
2006/2007; 2007/2008 and 2008/200934 Form six leavers are also known as A-level students.35The score points are weighed as A=5, B=4, C=3, D=2, E=1, S=0.5 and F=036 See paragraph 3.8 of the 2006/2007 Guidelines37 Ibid
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Again, the modifications in the 2007/2008 Guidelines continued restricting poor students basing on
gender. For first applicants from form six, the applicants were required to possess first division/class if
they were male and division two if they were female38. However, applicants with Ordinary Diploma
were supposed to possess at least second class grade or an average of “B” scores if the Diploma is not
graded. Applicants with FTC qualifications were supposed to possess an average of “C” grade 39. The
2008/2009 Guidelines40 retain the academic qualifications from the 2007/2008 Guidelines with slight
modification. The Guidelines have abolished the differences between male and female applicants with
regard to their academic qualifications. In the next academic year (i.e. 2008/2009) both male and
female applicants must possess either division one or division two to be eligible for the loan.
Therefore, the academic merits introduced by the Loan Board through the guidelines are inconsistent
with the requirement of section 17 (1) (b) of the Loan Act and eventually inhibit the poor’s access to
university. While the former provision of the law requires the applicant only to obtain admission to an
accredited institution41 to be considered for a loan, the guidelines demand the applicants to possess
additional academic qualifications which are restrictive and stringent. It is argued that, in most cases
the academic criteria demanded by the Loan Board are always higher than academic qualifications
needed for admission purposes at OUT42 and in private universities and thus denies majority poor to
access university education. For example, the minimum general entry requirement at OUT for direct
entry from school43 applicants are passes in five (5) approved subjects in Ordinary Certificate of
Secondary Education Examination ( OCSEE) and two principal level passes in Advanced Certificate
of Secondary Education Examination( ACSEE)44. Accordingly, a student with third division/class in
Advanced level secondary school education is admitted at OUT and private universities in Tanzania
(Field data, 2007); but not in other public universities.
The third criterion is that, the applicant must have made an application in the prescribed forms45. In
these application forms, the loan applicant supplies information which will be assessed by the Loan
Board in order to determine whether the applicant is a needy and eligible student (this is means
testing). There are two sets of loan application forms. The first set is for first loan applicants. This set
comprises the HESLB-SLF 1 and HESLB-SLF 2. The former form is an application form while the
latter is a student’s loan agreement. The second set of forms applies to continuing student loan
38 See paragraph 3.3 of 2007/2008 Guidelines.39 Ibid, paragraph 3.5.40 See paragraph 3.3.41
Private university or public university.42 The Open University of Tanzania is a public university offering education on open and distance learning model.43 Students who have completed form six.44 See, The Open University of Tanzania Prospectus for 2007/2008 at p. 1245 Section 17(1) (c) of the Loan Act.
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applicants. This set comprises HESLB-SLF 2 and HESLB-SLF 3. The latter form is an application
form for loan for continuing students. However, the application of this criterion has been in main three
forms up to the moment, for the purpose of insuring appropriateness and effectiveness in
democratization of access to university by the poor. In its very start students were needed to apply for
100%; during its implementation other students were required to reapply for 60% only; and at the
moment all students are needed to apply where the Loan Board determines the percentage to be given.
The purpose here is to analyze the latter two forms in detail.
The 2007/2008 Guidelines introduced the criterion that required loan applicants to pay 40% tuition
fee46. However, this new criterion applied only to all first year students enrolled in the academic year
2006/2007 at UDSM (Main Campus), Dar es Salaam University College of Education (DUCE),
Mkwawa University College of Education (MUCE), the then University College of Lands and
Architectural Studies, Institute of Journalism and Mass Communication and Sokoine University of
Agriculture (SUA). This new criterion was termed re-means testing. Accordingly all first year students
in the above mentioned higher learning institutions were directed to re-fill the loan application forms 47.
The re-means testing which required first year students in public universities to pay 40 % tuition fee
was unlawful and was intended to further restrict access to higher education by poor students. There
are three reasons to justify this conclusion. First, the application of 40% tuition fee to all students
equally disregarding their differential wealth stati is to jeopardize poor students and consequently
deny their access to university education. However, the 2006/2007 first year students were already in
receipt of loans from the Loan Board; this means that, they applied and after a scrutiny of their
application, the Loan Board was satisfied that those students were needy students. They were not able
to meet the costs for their studies. Therefore, subjecting the same students to means testing, in the
same academic year; by compelling them to pay 40% tuition fee was unlawful. This is because means
testing may only be employed once in each academic year. Second, the guidelines introduced a
requirement that was in total contravention of section 17 (1) (d) of the Loan Act. Third, the
requirement to pay 40% was discriminatory as it only applied to students in public universities but not
to private universities; and also it applied to first years but not to other students in other levels.
In the following Guidelines i.e. 2007/2008 and 2008/2009 the Loan Board modified the 40% tuition
fees and introduced the “loan formula” or “Means Testing”. This is a mechanism employed by the
Loan Board to determine a needy student48. The Loan Board assesses the financial ability of a student,
his parents or guardian in order to determine whether an applicant is a needy student. As pointed out,46 See paragraph 5.4 of the 2007/2008 Guidelines.47 Ibid48 See Paragraph 6 of the 2005/2006 Guidelines.
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an applicant is supposed to supply certain information in the application forms to enable the Loan
Board to make assessment. In practice loan application forms are the means-testing instrument.
However, the means testing results form the basis of the amount of loan to be awarded to loan
applicants49. Accordingly, means testing results have been categorized as A (100%), B (80%), C
(60%), D (40%), E (20%), and F (0%)50.
There are two major problems emanating from the application of the instrument that hinders the actual
assessment of the students and their families. These include accuracy of the supplied information and
verification. Starting with the problem of accuracy of the information to be supplied, the instrument
requires evidence like birth certificate, salary slips, house title deed, and receipts over expenditure, etc.
Since the applicant’s ultimate goal is to obtain loan, he/she is likely to supply false information which
will justify a student as needy. In the Tanzanian environment, most people live without birth
certificates, house title deeds, and work in the informal sector where actual income aggregation can’t
be determined.
It is very difficult for the Loan Board to obtain this information correctly. This is strongly supported
by Otieno (2004:88) that, “obviously the information provided by the students (even when full
objectivity is assumed), is not representative enough to place students into realistic, nationally
accepted norms of income and expenditure groups. If adequate information could be obtained on the
financial backgrounds of students, it would be more practical mechanism for determining need and
hence allocation of loans”. The experts from both public and private universities responded that the
current environment of Tanzania does not allow proper functioning of means testing in a structured
form (Field data, 2007). Although, the Loan Act creates an offence under section 23(1) (b) on false
information51 the Loan Board has no sufficient mechanism to verify the correctness of the information
supplied by loan applicants.
The second problem is on verification of the information. The means of verifying the correctness of
the information is poor since there are no enough resources, time and enough skilled labour. For
instance, there is no valuation team for the assets that students and their families have. The time for
assessment by the Loan Board is usually short, hardly one month for freshers and two months for
continuing students. It is a huge task, for instance, to process about 55,576 loan applicants in
2007/2008 basing on inadequate data and the poor information to applicants. Geoffrey Kiwele was
complaining that, “the Board has the poorest information dissemination strategy, only meant for
students who live in urban areas with access to televisions, radios and newspapers. He commented 49 See paragraph 4.1 of the 2007/2008 Guidelines; see also paragraph 4.1 of the 2008/2009 Guidelines50 Ibid51 See also paragraphs 5.1 and 5.1 of the 2007/2008 and 2008/2009 Guidelines respectively.
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that even if such important information to students was carried in newspapers, not many of them
could get it on time.” (Sunday Observer of 16th September, 2007). Again, the responses from the
students, potential beneficiaries, university managements, and private owners signified the point that
the Loan Board has the poorest information system. And this explains the unnecessary delays,
students’ day-to-day demonstrations, and the ongoing misunderstandings between students and
managements (Field data, 2007).
The findings of this study observed that the Loans Board assessment of the forms is not properly done.
For example, a student made his application for loan and submitted all necessary documents that could
be used as evidence to his inability to pay even 20%, yet the Loan Board gave him 60% after ‘means
testing’. However, the student made an appeal with the same documents that were previously
submitted. The corrections were made after one semester and he got 100% instead (Field data, 2007).
However, there were many similar examples portrayed by students from public universities
concerning the appeals for earlier Loan Board’s assessment. Many students got their grades changing
from grade B to grade A and from grade C to grade B after the appeal. Again, there was a claim that
was reported by students from the College of Business Education (CBE) who claimed to know some
students who were studying Diploma courses to have accessed loans from the Loan Board illegally in
2005/2006 academic year (MwanaHalisi Newspaper of April 2-8, 2008:14). Therefore, the inability of
the Loan Board to assess students properly makes it difficult to identify the poor and needy students.
This is to deny poor and needy students the right to access higher education.
It is submitted that the ineffective means-testing instrument which is currently used by the Loan Board
is unable to identify the faults that are in the information submitted by the students. Otieno (2004:88)
summarizes this by the statement that, “the inadequacy of means-testing instrument is that it fails to
categorize the students in realistic clusters such as expenditure groups”. This is to say, means testing is
practically unworkable in Africa and Tanzania in particular. The Loans Board advances loans just on
assumptions based on unverified information. In effect loans are granted to many students who do not
qualify as needy students. It was supported by the Prime Minister, Mizengo Pinda, that;
the formula which is currently used by the loans board is inefficient and ineffective
since it fails to identify the real needy students and those who are not. And it is true
that the formula is not proper in identifying the needy students. It is our objective to
make sure that the loan beneficiaries are really the students from poor families
(Mwananchi, May 4, 2007:3).
From the Prime Minister’s words, one may argue that, means testing does not democratize access to
loans by the majority poor. Therefore, private financing of education in Tanzania limits the poor’s
access to universities. Table 1 shows how wealth status determines students’ access to university
education.
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Table 1: Access to Public Universities as Influenced by Family Wealth Status
Access to Public Universities
Family Social Status Loan percentage Other Sources percentage Total percentage
Wealth
Level
H 95 68 30 83 125 71
L 45 32 6 17 51 29
Total 140 80 36 20 176 100Source: Field data, 2007
Note: “H” means high and “L” means low
Table 1 suggests that about 80% of students do access public university education through government
loans and 20% of them access university through other sources like parents/guardians, private
organizations, NGOs, government organizations, etc. The study also noted that, students from high
wealth families have higher chances of accessing higher education for about 68% against 32% of
students from low socio-economic status, who purely rely on the loan facility. This suggests that there
is a great difference in percentages in terms of access between the higher and the lower income
applicants. Thus, students from poor families are denied their right to access higher education through
the loan facility.
The scenario is even worse in the private university education. Private universities may be categorized
into three basing on the nature of the institution and hence predict the nature of access to private
universities. There are state-supported private universities, non-for-profit private universities, and for-
profit private universities (Varghese, 2004:8). There is a greater linkage between the nature of theinstitution and the access to that institution in the sense that, the nature of the institution determines
the sources of finance for the institution to operate hence higher or lower tuition fees. State-supported
institutions receive funding from the government, which might be minimal or substantial but the
government can regulate even the amount of fees levied by the institution. Non-for-profit institutions
are owned and operated by trusts that rely heavily on endowment and fees collected from the students.
Some of them are self-financing institutions and some are supported by religious agencies. For
example, SAUT, TU, and Zanzibar Universities in Tanzania are supported by religious agencies like
Roman Catholic, Evangelical Lutheran Church, and ‘Daar-ul-imaan’ respectively. The for-profit
institutions were granted legitimacy in 1990s due to the involvement of publicly traded corporations
that own and run multi-campus universities. According to Ruth (2001) these universities trade the
stocks and shares of educational institutions. They mostly rely on student fees as a major source of
financing the institutions, and at times are affiliated to universities based abroad (Varghese, 2004).
This is the case for IMTU Dar es Salaam which is a product of Vignan Educational Foundation,
Bangalore India.
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It is convenient to argue that most Tanzanian private universities depend substantially on student fees
as a major source of institutional funding. It is equally important to say that tuition fees in private
universities are much higher as compared to the public universities that still obtain government
support. For instance, Tuition fee at IMTU is 4500USD approximately 5,400,000Tsh and UDSM is
600,000Tsh-1,200,000Tsh. It makes sense to argue that private universities given the higher level of
fees levied by these institutions especially the for-profit ones, attract and encourage students from a
better socio-economic background. This is supported by Verghese’s (2004) observation that since
private universities are self-financing institutions, fees charged will also be high and students coming
to those institutions are those with paying capacities. This situation creates a cleavage between those
who can afford and those who can’t, and in the long-term impacts on equity of access.
In Tanzania, for instance, for about seven years (1997/98 to 2003/04) students in private universities
incurred all costs52 with their families and it simply implies that they were students from well to do
families (Field data, 2007). Even after the commencement of the Loan Board that was established to
advance loans to poor students in order to access university education of either public or private, there
had been limitations in ensuring access to private universities by the majority poor. The first limitation
is the insufficient finance to meet all the costs for the education by the poor, and second is the
ineffective means-testing that can’t identify the poor and needy as explained above. The findings of
this study point out that majority of students who access private universities are those from high social
status families. This means that, they can afford to secure various sources of finance including
government loans, in the presence of ineffective and insufficient means testing. Table 2 shows such
variation very clearly.
Table 2: Access to Private Universities as Influenced by Family Wealth Status.
Access to Private Universities
Family Social Status Loan percentage Other Sources percentage Total percentage
Wealth
Level
H 34 67 32 86 66 75
L 17 33 5 14 22 25
Total 51 58 37 42 88 100Source: Field Data, 2007.
Note: “H” means high and “L” means low
Table 2 shows that the number of students who access private universities through loans is 58%
whereas those who access private universities through other sources are 42%. This implies that
students who access private university education are not solely dependent on government loans as
many of them are from families that can pay for their education. It may be argued that the inability of
the designed means-testing to have the needy students could have largely excluded the poor, and at the
same time enable many students from high wealth status to have better access to private universities.
52 This implies direct costs, indirect costs, transport costs, communication costs, and any other costs that might be incurred
by the students during a course of study.
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Table 2 demonstrates the same as it shows 67% of students from high wealth families accessing
private university education at the expense of the majority poor students. This is to say, means testing
is not functioning well as poor students are denied access to university so greatly. The Minister for
Education, professor Maghembe admitted this when talking to Mzumbe university community. He
said, “Again, the problem emanates from the students themselves, they do not give concrete
information about their family social status, as many tend to identify themselves as orphans especially
when they are here; and thus it becomes very difficult to identify who is a liar and who tells the truth.”
(Mwanchi, March 7, 2008). From the outlined models of private financing it was made clear that
without viable mechanisms of assisting the poor by the government in place majority poor students are
denied access to higher education. Therefore, the have-nots may hardly access higher education under
the management of the current loan arrangements by the Loan Board in Tanzania.
It is, therefore, submitted that in the absence of other sources of finance to assist poor students to
access higher education and the presence of unworkable means-testing, students from poor families
are denied access to private universities so greatly. While it was observed by this study that the limited
access by the poor is so strong in private universities than the public ones, Zanzibar University
displayed a different scenario where the majority poor have accessed higher education. The following
section is a thorough observation of the prevailing conditions to the democratization of access by the
poor at Zanzibar University.
Zanzibar University: A Different Case
Zanzibar University is one of the private universities in Zanzibar located in Tunguu. It was registered
by TCU as a private university with certificate of full registration No. 003 of 4th May, 2000 (TCU
Newsletter, 2006). There are two more universities in Zanzibar, the State University of Zanzibar
(SUZA), which is public and Chukwani College of Education, which is private. They make up the
three universities in Zanzibar (Zanzinet, 2004). Before the establishment of those universities in
Zanzibar, students who wanted to join universities had to apply to the universities in the Tanzania
mainland, such as UDSM, MUCHS, SUA and HKMU (Zanzinet, 2004). This situation among others,
contributed greatly to the lower enrolment of Zanzibaries into university education and thus denied
them the basic right to education. Zanzibar was historically backward in education, and more
specifically, university education. One of the main reasons for its backwardness is poverty as
explained by weak foundation of the economies.
The major economic sectors in Zanzibar are agriculture, trade, industries and tourism. In agriculture,
cloves and food crops like rice, cassava, sweet potato, bananas, yams, and cocoyam form the basic
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source of income. For many years, Zanzibar was a leading producer of cloves in the world but the age
of clove trees, diseases, agronomic and a number of human-related factors have caused a steep decline
in the annual production levels. In trade and industries, the Revolutionary Government of Zanzibar
(RGZ) had initially closed doors for citizens wishing to pursue trading opportunities with the external
world (Zanzinet, 2004). In tourism, the benefits are difficult to measure due to mainly two conflicting
ideas. First is the creation of employment opportunities and the rise in prices of goods and services;
and second is the opinion that Zanzibar does not benefit from tourism because most of the visitors pay
directly to foreign agencies in their respective countries before beginning their journey to the spice
island. The only visitors who seem to pay directly to local agencies are ‘backpack tourists’ i.e. tourists
whose expenditure while in the country is very minimal (Zanzinet, 2004).
Therefore, it is evident that, most of the Zanzibaris live in poor conditions since the major sources of
income of the country yield little benefits to the people. It was observed by this study, after
interviewing the Dean of Students that most of the government employees are paid lower salaries that
amounts to 60,000/- Tshs. per month. It is for this reason that there had been various non-
governmental interventions to assist students to access university education. These are Zanzibar
government under the Ministry of Education, Ministry of Finance, NGO (Daar-ul-imaan) and the
Loans Board. With such interventions, democratization of access by the poor is portrayed. Table 3
shows how poor students have been able to access university education in Zanzibar.
Table 3: Access to Zanzibar University as Influenced by Family Wealth Status
Access to Zanzibar University
Family Social Status Loan Percentage Other Sources Percentage Total Percentage
Wealth
Level
H 2 25 5 25 7 25
L 6 75 15 75 21 75
Total 8 29 20 71 28 100
Source: Field Data, 2008.
Note: “H” means high and “L” means low
The responses show that students who access Zanzibar University through other sources is 71% and
those who access the university through loans is 29%. This implies that the access to university
through other sources is higher than that of the Loan Board. Moreover, it is about 75% of students
from low wealth status who have accessed Zanzibar University through other sources like Religious
NGOs, RGZ, Ministry of Education, etc. Therefore, although loans are central in democratizing access
by the poor, they seem to play an insignificant role in the current situation in Zanzibar and Tanzania in
general. Moreover, the beneficiaries are not satisfied with the assistance as it is insufficient and needs
supplements. The management faces managerial problems due to the fact that not only the Loan Board
usually delays payment for tuition fees but also the remaining percent that has to be paid by the
students is not being paid in time.
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Back to the criteria for loan, the fourth criterion is that an applicant must be a person who has no
financial assistance from any other source or sources to cover the item or items of cost for which the
application is made53. In other words, an applicant who have other sources should not be categorized
as a needy student. This however, implies that such a needy student who is not able to secure other
sources of finance will have full support of the costs of education such as tuition fees, meals and
accommodation, books and stationary expenses and special faculty requirements, research expenses or
field work expenses. The findings of the study have observed that most of the students who got loans
had other sources of finance like employment, parents, NGO support, business organizations’
sponsorship like Vodacom, Celtel (now Zain), etc. One of the explaining factors is the inadequate
financial support given from the Loan Board. For example, the government standard norm (100%) is
150,000 Tsh. per month; whereas, TU charges 150,000 Tsh. per month for meals only, and IMTU, on
the other hand, charges 240,000 Tsh. per month for meals and accommodation (Field data, 2007). This
shows that students who receive loans from the Loan Board have to supplement education costs from
their own sources like salaries for workers, parents/guardians, and other relatives. This observation
may lead to two concluding stances. The first is that, the Loan Board advances loans on an assumption
that the beneficiaries have other sources of finances and this disapproves the logic of the needy student
under the Act. The second stance is that, the Loan Board advances loans to the students from families
with high wealth who will be able to supplement the costs of education. Table 4 gives a clear
demonstration of the same from public and private universities.
Table 4: Showing Inadequate financial Support Provided by the Loan Board
Access to Loan (inpercents)
No. Studentsin PublicUniversities
No. Studentsin PrivateUniversities
41- 60 42 22
61- 80 70 20
81- 100 28 9
Total 140 51
Source: Field Data, 2007.
The above responses suggest that about 80% of students from public universities do get 40% to 80%
of the loan and only 20% students receive 100%. On the other hand, it is about 86.3% of students from
private universities who receive a loan of 40% to 80% and only 17.7% students receive 100%. This
implies that the Loan Board advances loans to students who are able to supplement the remaining
percent of the education costs. However, students who really deserve financial support, i.e. the poor
who manage to secure loans from the Loan Board only live miserably in the course of study. The
responses from the university management both public and private, verified that most of the poor
students live a miserable life at the universities. They even demonstrated that these students usually
53 Section 17(1)(d) of the Loan Act.
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have one meal per day. They expressed further the severity of the situation that the most needy
students who depend entirely on the loan need to use part of it to cover the remaining percent of
tuition fees to the institutions. And that, about 40% of those students supplement tuition fee with a
loan for meals and accommodation (Field data, 2007). This has severe impact on their living standard
as well as the quality of their education. It was similarly put by Nyaigotti-Chacha (2002:143) that;
Most students contend with harsh lives in universities during the tenure of studies, with
some engaging in corrupt business deals in the campuses in order to supplement their
finances. On the other hand, those unscrupulous who ‘cheat’ their way into getting loans
at the expense of deserving cases tend to have excess money, which encourages many,
vices at the various universities.
Therefore, various respondents such as the Director for Planning in the Ministry of the then MSTHE,
and private universities owners confirmed, during an interview with the researcher, that about 70% of
Tanzanians are not able to pay for their education (Field data, 2007). And thus, one argues that there is
a systematic denial of the poor’s access to higher education through private financing.
The fifth criterion is that an applicant must be a continuing student, who has passed the examinations
necessary to enable him to advance to the following year or stage of study54. This criterion excludes
freshers55 from applying for loan. Although in practice freshers are allowed to make application for
loan, it is not clearly known which enabling provision of law allows the Loan Board to grant loan to
this group of applicants. Such inconsistencies may lead to denied access by the majority poor. On the
other hand, loans to postgraduate students are governed by Rule 38 of the Regulations. The Rule lays
down three main criteria for advancement of loan to postgraduate students. The first criterion is that
the applicant must have no outstanding loan; the second criterion requires that the applicant must be
pursuing a course of prime importance. A course of prime importance is determined on merit by the
Loan Board from time to time56. The third criterion is that if the applicant is a loan beneficiary, he/she
must have shown good will by repaying regularly the previous loan. However, the analysis of the
application and effectiveness of these criteria for loan will be discussed in detail after a useful
discussion of the conditions imposed by the Loan Board in issuance of loans to poor students.
There are five criteria for issuance of loans to postgraduate students under these guidelines. First, the
applicant must complete loan application forms (SLF 1 and SLF 2)57; second, the applicant must be a
holder of first degree or advanced diploma with a minimum of upper second class58; third, the
applicant must be a teaching academic staff at a public learning institutions in Tanzania59; fourth, the
54 Ibid, 17(1) (e).55
Freshers are first year students who have just been enrolled to a university.56 See Rule 38(3) of the Regulations.57 Ibid paragraph 3.10.158 Ibid paragraph 3.10.259 Ibid paragraph 3.10.3
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applicant must bear a recommendation letter from employer ( public higher learning institution)
addressed to the Board supporting the request for postgraduate loan60 and fifth, the applicant must
have started to repay a previous loan, if he or she is a beneficiary 61. It must be noted that the criteria
provided in the 2008/2009 Guidelines for postgraduate applicants are inconsistent with Rule 38 of the
regulations62. This is because, Rule 38 does not confine itself to a specific class of people. As pointed
out, Rule 38 of the regulations governs loans to postgraduate students. It is interesting to note that the
Loan Act does not provide criteria for loan eligibility for postgraduate applicants. One may ask, has
the regulations gone too far?
It is submitted that, the regulations can’t supersede the provisions of an Act of Parliament under which
it is made. This being the case, Rule 38 of the regulations must have been held inconsistent with
section 17 of the Loan Act, which generally provides eligibility criteria for loan applicants from the
Loan Board. The legal implication of this inconsistency is to render Rule 38 of the regulations void63.
However, this must be tested in the court of law to declare the Rule null and void. If the legal status of
Rule 38 of the regulations is set aside, the principal criterion for eligibility for loan for postgraduate
studies is that, an applicant must have no outstanding loan. This criterion applies only to a loan
applicant who previously had been a beneficiary of loan from the Loan Board. The second criterion
requires that the applicant must be pursuing a course of prime importance. The former has to be
determined on merit by the Loan Board from time to time 64. It is acknowledged that, in its life time,
the Loan Board has never determined a course of prime importance. This is a potential systemic denial
of poor students to access higher education to their ability.
It is further noted that, the guidelines differentiate between undergraduate and postgraduate students
for purposes of loan application. Different criteria apply to loan applicants belonging to these classes.
The 2005/2006 Guidelines did not put different criteria for loan applicants for undergraduate and
postgraduate. The implication behind is equal treatment of both undergraduates and postgraduates as
the Loan Act provides. The 2006/2007 Guidelines restricted loan to postgraduate applicants, unless the
course addresses national priority skill requirements65. The same provision was used and carried in the
2007/2008 Guidelines66. However, postgraduate students were denied their right to access higher
education with the application of such guidelines. The turning point to the issuance of loans to
postgraduate students is found in the 2008/2009 Guidelines. These Guidelines provide that beginning
60 Ibid paragraph 3.10.461 Ibid paragraph 3.10.562 Read parts 3.3.2.1 and 3.3.2.1 (B) of this dissertation63
Section 36(1) of the Interpretation of Law Act, Cap. 1 R.E 2002 provides that, a subsidiary legislation shall be void tothe extent of inconsistency if it is inconsistent with the provisions of the written law.64 See rule 38(3) of the Regulations.65 See paragraph 5.0 of the 2006/2007 Guideline.66 See paragraph 3.10 of the 2007/2008 Guidelines.
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in the academic year 2008/2009, loans will be issued for postgraduate studies (Masters and PhD
Programmes)67. However, in this category, loans are restricted only to academic staff of the public
higher education institutions68. There are two implications on this. First, there is a clear distinction
between public and private universities in terms of democratizing access to university by the poor.
That means the equal treatment of people69 in realization of democratic values is overruled in that
process. Second, the government uses the Loan Board to exempt itself from the primary responsibility
of educating her workers to the level of their ability. This is to relegate human resources principles and
human rights at large.
Moreover, the Guidelines have three more criteria for guiding the issuance of loans to poor students.
These are full-time programmes versus part-time programmes; quota allocation; and priority courses.
Starting with full-time programmes versus part-time programmes, with the exception of the 2005/2006
Guidelines, the 2006/2007, 2007/2008 and 2008/2009 Guidelines require an applicant to be registered
for full-time programmes. There is, however, one exception to this requirement, students from OUT
are allowed to apply for the loan70. This criterion is neither found in the Loan Act nor the regulations.
In practice, however, this provision restricts part-time and on-line students from accessing loan. This
is to deny access to the poor who will have an opportunity to study on-line or on part-time bases.
Second, The Loan Board is vested with power to determine the maximum number of eligible students
to be granted loans in any one particular year 71. For the first time, the Loan Board invoked these
powers to limit the quota of loan allocation to higher education institutions in the academic year
2006/2007. This was for only public universities. The following guidelines have no mention of any
exact number the Loan Board could disburse to needy students. There are only projections of the
number of total applicants in each year set by the Loan Board. It was responded by the Director for
Planning, Research and Consultancy of HESLB during a face-to-face interview with the researcher
that the Loan Board has no exact number of the students to be granted loans in each year. He said in
2005/2006 the Loan Board granted loans to about 42,729 students; whereas in 2006/2007 about
47,554 students got loans from the Loans Board; and in 2007/2008 the estimate is 55,981 students by
the end of May or early June 2008. However, in the mid-march 2008 about 55,576 students had
already got loans from the Loan Board (Field data, 2008). This has an impact of generally denying
access to higher education as private universities receives a small proportion of quota allocation due to
the “division criterion.”
67
See paragraph 3.10 of the 2008/2009 Guidelines.68 Ibid69 The essential element of democracy in any democratic polity.70 See paragraphs 6.7, 3.2 and 3.2 of the 2006/2007, 2007/2008 and 2008/2009 Guidelines respectively.71 See section 7 (1) (i) of the Loan Act; See also paragraph 7 of the 2006/2007 Guidelines.
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Third, the Load Board has blended some courses through its guidelines as priority courses. Such
courses include medicine, pharmacy, engineering, architecture, agriculture and science. In practice,
when the qualifications of students in humanities collide with a student in science subjects, the latter
will prevail. This has in effect discriminated access by students in humanities. On the other hand,
private universities which offer medical science courses are still priority courses. But the Loan Board
does not give full support to such courses. For instance, IMTU charges tuition fees of USD4500
(approx. 5.6 mil. Tsh) per year. However, the Loan Board grants a maximum loan of 2.6 mil Tshs.
only for the student with grade A after means-testing. The rest of the amount (3 mil. Tsh.) has to be
paid by the students and/or their parents/guardians (Field data, 2008). Students from poor families
automatically can’t afford to supplement the remaining 3 mil Tshs. as their income households do not
exceed 300,000 Tshs per month. It was, generally, put by the World Bank (2000) that countries that
have introduced or raised fees are at risk of experiencing an increase in access disparities in absence of
effective and well-targeted student aid mechanisms. One of the mechanisms is prioritization of
courses. It is submitted that, the Loans Board through prioritization of courses has restricted access to
loans by the poor students and denied potential access to higher education eventually.
Apart from the inadequacies of the means-testing instrument, there are two main conditions imposed
by the Loan Board in granting loans72. These conditions do limit access to university education by the
poor. The first condition is that the Loan Board may demand security to be furnished in order to
secure the loan73. Security is a valuable item like a house, commercial premise, big building, motor
vehicle, etc. The puzzle here is, does the poor person have security? Why does the Loan Board invent
this condition? Is there a commitment to assist the poor? However, it is proper to argue that poor
students are denied access to university education with the application of this condition. It was crystal
clear when the study observed that among the 292 questioned students on whether their families own
movable or immovable properties. It was only 36% of all sampled students who have none of the
properties to own and only 29% students among them managed to secure loans illegally since they had
not fulfilled the condition (Field data, 2007). This scenario suggests denied access to loan by the
majority poor.
The second condition is requirement of a guarantor. This condition requires every recipient of the loan
to have a guarantor who will be liable to the Loan Board in case of default of repayment. The usual
practices show that sometimes students indicate their fellow students to be guarantors, and this distorts
the whole meaning of imposing this condition. With such inconsistency, therefore, there will be more
72 See section 18 of the Loan Act.73 The loan is interest-free
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cases of default for repayment, which will eventually reduce the amount of funds that would be used
to assist other poor students and thus inhibit democratization of their access to university.
Generally, the guidelines which are issued in each academic year have been restricting students from
poor families to access higher education. One may probe whether the issuance of such guidelines in
each academic year intends to guide applicants in the process of accessing loans or deliberately
discriminate the poor from accessing loans. It is suggested that the practice of the Loan Board to issue
guidelines has to be stopped since it has no legal justification and denies access by the poor.
Therefore, in the absence of viable mechanism to assist the poor to access higher education, private
financing of the education limits the poor access to the education.
4.1 Conclusions and Recommendations
Private financing of higher education is the inherent feature of the comodification of services,
including education. It came as a result of liberalization policies of cost sharing in the 1980s. The
policies were a result of economic hardship which faced Tanzania following the oil crisis of the 1973
that affected the world’s economies. The policy of Education for Self-reliance that was implemented
previously made equal access to education by majority Tanzanians regardless of the aspects of wealth,
race, sex and any other forms of discrimination. However, the policy has been greatly changed. The
referred changes were in two main ways, namely, provision and financing of higher education. The
provision of higher education got shifted from the government as the sole provider to the partnership
of government and the private sector. This change has led to the establishment of private universities
and accreditation of institution, i.e. TCU has the responsibility of registering universities as well as
assuring quality of the provision of university education by the providers. With the establishment of
private universities, the volume of services has increased and the consumer choices are widened too.
One may probe the extent to which such increase as a means to democratize access to university
education by all Tanzanians has succeeded as the majority poor are left in the ‘cold’.
The financing of higher education was diversified to include the private sector, students and their
families, private companies, government, and NGOs. This diversification of financing education did
consider the fact that there are those students who are poor and can’t access higher education if not
assisted by the government. The establishment of the loan scheme seemed to be central and its
commencement was one of the strategies to assist the poor by the government and it started in 1994. It
is crystal clear that the introduction of loan scheme and tuition fees was a starting point of denying
access to the public universities by the majority poor through “conditional” loans74
. The access to
74 Loans that were provided basing on admission criterion whereby all who were admitted under government sponsorship
had to get loans in some items and the rest were supplemented by grants.
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private universities has been mainly for students from well-to-do families as tuitions are very high and
thus unaffordable.
Following the establishment of Loan Board by the Act of Parliament No.9 of 2004, with the
subsequent regulations and guidelines, the new criteria set for students’ eligibility to government loans
are ambiguous and restrictive75. The findings of this study observed various fractures that are
embedded in the regulations and guidelines and thus deny access to higher education by the majority
poor in Tanzania. Means-testing as the only mechanism used by the Loan Board is inefficient and
ineffective indeed, and it can’t give the actual picture of who is needy or otherwise. Loans are
distributed to the students who do not qualify for such. It also allows for many chances of cheating
given the fact that the source data to inform the Loan Board’s decision making are the potential
beneficiaries of the application.
It was observed that an application for loan is usually done by filling in some forms that intend to
evaluate each applicant’s socio-economic status so as to identify the needy students. The designing of
the forms is meant to expose the total income and expenditure of each applicant’s family. Most
Tanzanians do not keep records of their expenditure nor their incomes except the employed ones who
get salary by the end of each month. It is evident that employed Tanzanians are fewer as compared to
those who have self-employment in informal sectors. This is the point where many students tend to
express themselves as students from poor peasant families or small businesses.
In a nutshell, generally, the Loans Board has not been able to identify the needy students since its
establishment. The continuing amendments on the definition of poor and needy student that are being
done by the Loans Board in each academic year do not match with the criterion for loan under the
Loan Act i.e. ‘division criterion’ which denies access by the poor who usually get lower division
status in their final examinations. The means-testing which is currently being implemented by the
Loan Board is ineffective and inefficient. It makes fewer students from poor families, who manage to
get a smaller percentage of the loan to live miserably while at the universities. This in turn impacts
negatively on students’ academic performances. Therefore, so long as the enabling factor to access
higher education by poor and needy students is not benefiting the intended students, the democratized
access through private financing is not realized to the majority poor.
Moreover, the present denial of access by the majority poor in Tanzania is a function of both, the
silent policy commitments and the weak legal and institutional framework in assisting students from
75 Loans that are designed to suit one major group in the society, the poor or needy, so as to maintain equity of access to
universities.
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poor families by the government. It should be noted that the government is the foremost responsible
organ in educating its citizen to the level of university education. And this could be in two main ways,
namely financing higher education and ensuring equitable access to such education through effective
policies. In order to realize the right to education to every individual in the society while observing
equity of access by the government the study recommends the following.
First, a thorough review of the policy, especially Loan Scheme, which informs the introduction of
private financing in Tanzania, should be undertaken. The government has to review the necessity of
introducing private financing and the essentiality of higher education in contemporary Tanzania. The
usual argument that there are severe constraints on public budget does not hold water since the
government has tax capacity or public revenue potential of about 20% of GDP. The World Bank
suggests that an appropriate share of GDP for education is about 5% (25% of revenues assuming a tax
capacity of 20% of GDP) of which 1% of GDP should be devoted to higher education (about 5% of
revenues)76 yet such level of the resource does not reach higher education.
Merrisotis and Wolanin (2002:154) have outlined possible reasons for the inability of government to
ascertain public revenue of about 20% of GDP; these are, flawed tax systems, weak government tax
collection, corruption, and inappropriate spending priorities. However, these are useful explanations
that might reveal the situation in Tanzania. The government is caught up on issues of corruption which
are clearly seen under the rent seeking behavior of the government officials while signing public
contracts. The current scandals on RADAR 77, RICHMOND78, EPA79, and Kiwira coal mine80 are
relevant examples of the inability of Tanzanian government to fully fund higher education. It is
recommended that, the government has to redress such issues promptly before imposing private
financing or else for the very poor families, private financing as a preferred means to increasing higher
education revenues seems to be like trying to squeeze blood from a stone. 81 If the government solves
those problems and still experiences inadequate public revenues for higher education, private
financing could be applied with caution as described hereunder.
76 The World Bank, (2001) Constructing Knowledge Societies: New Challenges for Tertiary Education, p.6777 The contract signed by the government in the purchase of overpriced radar for the country’s aviation industry. The radar
was bought at USD 14 million, Voice of America.com78 The contract was signed in a suspect of generating an emergency energy between the Tanzanian government and the
Richmond Development Corporation. The contract made the government to loose USD 172 million, The Citizen of 26
June 2008.79 This is the short name for External Payment Arrears. The Presidential Investigating Team had discovered the loss of
USD 133million at the Bank of Tanzania (BoT) and it led President of Tanzania, J. Kikwete to fire the BoT Governor
Daudi Balali, the East African Business Week (Kampala) Newspaper of 7 April 2008.80 This is associated with the loss of about 11,752,350,148.00 Tshs by the Tanzanian government as a result of
maladministration of the then Minister for Finance, Basil Mramba and Minister for Fuels and Minerals, Daniel Yona,
Tanzania Daima Newspaper of 26 November 2008.81 Merisotis and Wolanin, 2002 p.154
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(a) The loan policy and legal framework that guide the process of granting loan to students should be
reviewed in depth. Students should be given full support in all items as required so that the poor and
needy students could have an opportunity to access quality education in and during the course of
study. However, this can be realized by doing two things. One is setting the specific number of
students to be granted loans in both public and private universities. Two is for the Loan Board to find
more sources of fund instead of depending entirely on government funding and loan repayment. That
is how the government can promote and respect human rights fully, right to education being one of
them.
(b) “Means testing” is ineffective and inefficient in the Tanzanian environment and it should be
abolished. This is because needs analysis using a design of forms is subjective and exposed to
manipulation and misinformation. But again, it uses social indicators in determining ability to pay.
There are so many practical problems such as, it needs labour intensive in the scrutinization of the
forms to its accuracy of information. For instance, the difficulty and high cost of verifying information
about ability to pay of families could be minimized or made more manageable by only verifying the
accuracy of the information for a sample of those who apply. The efficacy of sampling or spot-
checking depends on the severity of the penalty for cheating, the certainty that the penalty will be
applied if cheating is discovered, and the thoroughness of the verification for the sample (Merisotis
and Wolanin, 2002:152).
(c) This is the criterion for loan. Since it has been difficult to determine the criteria for loan then the
Loans Board has been concentrating on the merging of division criterion and physical disabilities. It is
necessary to put it clear that, the admission criterion could be prominent so that the poor could have
access to both public and private universities.
Second, it has been observed in this study that many Tanzanians are in the informal sector, and thus
their incomes depend on various sources. The study has also revealed that the majority of them have
the ability to pay for their education. The study therefore, recommends that those who have the ability
to pay should have to do that, so as to give a wide chance for the poor to access the government loans.
However, there are still other options for a person from well to-do families, i.e. loans from the banks
and other agencies. He/she has all necessary attributes to qualify for a loan from the banks as such an
example of the collateral that the banks do require.
Third, since those who usually cheat in order to get loans from the Loan Board are from the Tanzanian
community and the community does know them, it is recommended that the public identifies and
reports them to the authorities for further actions. For example, the claim of CBE students to access
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loans illegally as described above should have been sent to the relevant authorities for apprehension.
Therefore, the public should work close with the government in making sure the financial assistance is
directed to the real needy students.
Fourth, it is widely known that one of the roles of civil society is to influence policy formulation so as
to have effective policies. The poor financing policy in Tanzania needs major changes. It is urged that
the civil society takes part effectively so that workable polices in the context of Tanzania are invented.
One of the policies, for instance, is tuition policy; the influence might be in lowering tuition fee by
giving subsidies to the private universities especially. This is the only way to improve access among
Tanzanians for the benefit of all.
Fifth, the civil society has the ability of making the public aware of the role of the government and the
individual citizen in developmental process. It is recommended that the civil society should use its
convincing ability to advise those with the ability to pay for their education should do so. Lastly, it is
recommended that civil society should conscientize the public and the government on the role of
higher education in the contemporary world of science and technology. Higher education is very
essential in all aspects of life such as economic, socio-political and cultural so as to address the
challenges of globalization. Its financing needs greater attention of both the general public and the
government.
Generally, the above recommendations should not be taken as enough without the public forum
including all stakeholders i.e. students, parents, business organizations, NGOs, the government, and
the community at large should be called to give out viable mechanisms that can be applied in the
context of Tanzania in the future.
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