Masters Dissertations

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Browsing Masters Dissertations by Subject "Administration of justice"

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    Barriers of access to justice at the East African court of justice a case study of burundi
    (University of Dar es Salaam,, 2017) Nakintije, Ferdinand
    This study examines barriers of access to justice at the East African Court of Justice with Burundi as a case study. The study focuses on disparities of official languages and legal systems existing between the Court and Burundi. The work is based on the assumption that Burundian nationals encounter linguistic and legal system constraints when bringing their cases before the regional court. The conclusion of the study is that Burundian nationals incur additional fees so as to meet the requirements of the EACJ whereas the latter faces difficulties to enforce its orders. The obstacles are tied to the background of Burundi, which developed a civil law system whereas the vast majority of the rest of the Partner States apply the common law system. As matters stand now, Burundi is negatively affected in that any material drafted at regional level should be translated from English to French, thus necessitating extra costs. This study recommends that French should be introduced into the community as one of the official languages, in the Court documentation and processes. This recommendation considers the fact that membership is open to any country, meaning that the EAC may admit other French speaking countries hence expending the need for French a language in the community. In the meantime, the study recommends the introduction of English in Burundi. The study also recommends the introduction of legal aid to facilitate access to legal representation as well as review of the EACJ Rules to reduce the complexities and make the rules user- friendly. The study further recommends harmonization of the EACJ framework and national constitutions to improve the enforceability of the EAC laws and the EAC Court decisions in Burundi.
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    Challenges resulting from the admissibility of electronic evidence in the administration of justice in Tanzania
    (University of Dar es Salaam, 2009) Luhwago, Wilberforce Samson
    This study examines challenges resulting from the admissibility of electronic evidence in the administration of Justice in Tanzania. Particular focus is put on the issues of conceptual problems, particularly where it en gages with the best evidence rule and rules regarding corroboration and hearsay evidence, difficulties on the integrity, reliability, credibility, authenticity and weight of electronic evidence. This work is organized in six chapters. Chapter one sets the introduction of this study, background to the study, statement of the problem, hypothesis, and purpose of the study, scope of the study, research methodology, and significance of the study, literature review and limitation. Chapter two interprets the basic definitions and concepts that the relevant to the understanding of the study of challenges resulting from the admissibility of electronic evidence in the administration of justice in Tanzania. Chapter three examines the admissibility of electronic evidence in legal transaction. Chapter four interprets the concept of electronic evidence and the evaluation of computer technology in Tanzania. It is stated that in Tanzania the first computer was installed in the Ministry of Finance in 1965. However by 1974 the total number of computers had risen to seven. In the 1990’s the number of computers in the country increased significantly as most organizations computerized most of their routine activities Act from 1967 to January 31st of 2007, the time when the National Assembly passed Act No. 15 introducing new provisions dealing with electronic evidence. Chapter five examines comprehensively the challenges which result from the admissibility of electronic evidence in the administration of justice in Tanzania. It goes further by looking at the general challenges that have not yet specifically been reported in the Tanzania context, yet they are relevant in this discussion as electronic records and technological communications are global community issues. Thus by looking these challenges in their generally we will have the advantage of preparing grounds for combating such situational problems when they arise in our local environment. Then the chapter gives the conclusion and relevant recommendations.