JAIL NOT BAIL: REFLECTING ON RECENT CONSTITUTIONAL DECISIONS IN TANZANIA (original) (raw)
Related papers
THE EFFECTS OF IMPRISONMENT TOWARDS HUMAN RIGHT PROVISION IN TANZANIA.docx
This was a research proposal after a long consideration on the weighs of every human right. conceptually when a person is imprisoned he directly lose his liberty. What had been inspired me was the question of why liberty hinders the promotion of other fundamental rights. Therefore it was through that thrust i found myself in the tunnel for finding any justificatio
The Enforcement of Basic Rights and Freedoms and the State of Judicial Activism in Tanzania
Journal of African Law, 2009
This article re-assesses the means available for the effective enforcement of human rights in Tanzania based on the valid assumption that the proclamation of human rights in legal instruments, be they at the domestic or international level, is meaningless without the entrenchment of effective enforcement procedures. Particular attention is directed towards the re-examination of the capacity and ability of the courts to meet the challenges posed by human rights and political discourses in their ongoing transformation. The issue is whether they can be said to be adequately providing effective avenues for the promotion, protection and enforcement of human rights.
AFRICAN CRIMINAL LAW SERIES, 2024
This course manual (divided into four parts) orients readers on Tanzanian penal law. The first part introduces and lays a foundation for understanding Tanzanian criminal law. It focuses on the meaning of crime and criminal law vis-Ă -vis civil wrong and civil law, sources of the Tanzanian criminal law, the origin of criminal law and related justice systems as legal transplants of the colonial State, the criminal law in the post-independence era, and a snapshot view of the Tanzanian criminal procedure. The second part discusses the general principles of criminal law. It revolves around key aspects such as unlawful conduct, criminal capacity, fault, degrees of participation in crime, and incomplete crimes. The third part classifies crimes into five groups and analyses them. These include crimes against human life, the person and the family, property crimes, crimes against the community, crimes against the State and administration of justice, and organised and commercial crimes. The last part is a snapshot of international criminal law from the Tanzanian perspective.
Thirty Five Years of the Bill of Rights in Tanzania The Question of Enforcement
Mzumbe University, 2020
The purpose of this study was to examine the effectiveness of the enforcement of the basic rights as enshrined in the Constitution of United Republic of Tanzania in 1984. This study was necessary because despite the inclusion of the bill of rights in the constitution and enactment of the procedural law in enforcing such rights, people have not satisfied with the enforcement of the said rights. It was due to this fact that this study was conducted so as to expound what is the problem with the enforcement of the Basic Rights especially through court. The study was limited only to Tanzania mainland due to the fact that the issue of Human Rights is not a union matter and the very fact that Zanzibar has its own legal framework pertaining human rights. The study involved three methods of data collection i.e. documentary review, interviews and questionnaire whereby the researcher undergone field research and gathered relevant information from different legal practitioners and ordinary citizens. The study involved a sample of 34 respondents and random sampling was employed. Data obtained exposed that there is a serious problem as far as the question of enforcement of the basic rights is concerned, respondents were of the view that the difficulty contained in the Basic Rights and Duties Enforcement Act posed a serious problem in the enforcement of the rights, also the study illustrates that the Constitution contains a lot of restriction clauses which take away the whole essence of the Bill of Rights. Inadequate education, unwillingness of the government and politicization of human rights matters were also demonstrated as another challenges, among the others. The study recommends that the Constitution of the United Republic of Tanzania be amended so as to remove those restrictions and since human rights are subject to some restriction then to include in the same, restriction(s) which are proportional and acceptable in any democratic nation, also the study recommends for the amendment of the Basic Rights and Duties Enforcement Act so as all problems as shown in chapter four be resolved. Provision of education to the public and the encouragement of judicial activism of the judges also appeared to some of the recommendations of this study.
Criminal Justice System in Tanzania: Challenges and Solutions
Justice is neither to be denied nor delayed’ means that, order for a person to achieve justice in any country, proper laws and procedures are very important in achieving fair and proper justice to a person. Fair and proper justice (substantive justice) it is not only to the person who claimed to be offended but also to the offender himself/herself, by means of giving proper and fair decision, and fair procedure during the trial sessions. Criminal Justice System in Tanzania has a lot of challenges that in end led to injustice and unfair decisions or sometimes no decision at all, which resulted to infringement some of human rights such as torture to the offender who is waiting for a long time for the trial or decision to be made. This paper intends to explain on the nature of the Criminal Justice in Tanzania, before and after the colonialism so as to trace a number of challenges in providing fair and proper justice to both the offender and the victim. In the end the author provides for the possible solutions to overcome such challenges as explained earlier.