University of Dar es Salaam School of Law

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Browsing University of Dar es Salaam School of Law by Subject "Administration"

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    Administration of criminal justice in Tanzania Mainland with special reference to delays in criminal trials
    (University of Dar es Salaam, 1987) Mono, Japhet Daniel
    The title of the study-administration of criminal justice in Tanzania Mainland with special reference to delays in criminal trials, appear very wide indeed save for it being streamlined to conform with the authors bias. In this respect therefore, the dissertation is intended to examine the problems of abuse process in general and the question of delays in particular. Areas mostly featuring abuses, inclusive of delays, are fully discussed and supported by relevant data which ultimately reveal major and minor causes of delays. Chapter one introduces the subject of the study by discussing in a nutshell the notion of justice, its development and rationale. It is in this chapter that the philosophy on the concept of criminal justice is highlighted with the extent upon which it has given rise to controversies between individual’s subjects and the state. The aim of the study, methodology and the problems pertinent to the study are also contained in this part. A review on criminal justice in a historical perspective is contained in chapter two. It is revealed in this chapter that justice has never been uniform and that is always abused at individual and institutional levels with its operational aspect having dependence on the social and economic structure of society and/or state. Chapter three examines the magnitude of abuse of the process by law enforcement machineries or agencies and Para-military forces involved in the same. It establishes that there are many indiscriminate arrests and overlooking of the provisions of law, detention and physical torture during interrogation processes being cons pious images of criminal injustices. Pre-trial abuses and, undoubtedly, delays are highlighted in chapter four. The main thrust being on the problem of police investigation machinery. Operational problems are revealed and the ‘power of choice’ discussed. In this chapter it is established that many crimes are reported to the police but only a few are sampled out as true cases and fewer being successfully investigated. Whatever argument may be advanced on the finding, with the data available it is established that the number of investigators is not a problem leading to delays but the utility of the personnel in the police force, although it is shown that transport and lack of sufficient training adversely affect the efficiency of investigators. In chapter five the problems of delays in original trials are discussed attempting to sort out factual or ‘man-made’ problems and statutory areas. It is revealed that invariably, both the police and courts have a share in the blame on delays as administrators and distributors of criminal justice. In the main, investigation of cases taking long time has been identified as a loading causes followed by absence of witnesses at the time of trial. It is also established that statutory provisions are so lax as to allow wide room for delays. The process and problems leading to delays on appeal both in the High Court of appeal are discussed in chapter six. It is revealed that the leading causes in the High Court appeals, in respect of appeals filed by the director of public prosecutions is failure of appearance of the respondent when the appeal is scheduled and called for hearing while in the case of private individuals the main cause is attributed to the requirement that the appellant has the right of appearance unless expressly stated to the contrary. Hence, non-appearance of individual a appellants. In the court of Appeal it is established that there is a decline in the number of delays, save that reasons for delays are similar to the ones in the High Court. The final chapter gives the conclusion of the dissertation. It is argued here that machinery for justice, which are a product of society at a certain level of social and economic development, are intended to moderate conflicts and keeping the society in peace. In this process however, depending on social-economic structure, abuse of the process is eminent although the same could be minimized by committed individuals and institutions involved in doing what is good to all men. In this chapter also, a number of recommendations are made.
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    Application of modern technology in criminal justice administration in Tanzania
    (The university of Dar es Salaam, 2012) Safari, Mathias Dominick
    This study is a modest attempt to examine the operation of the Criminal Justice System in Tanzania in relation to modern technology. It targets among other things to pave the way of updated criminal justice legislations as well as relevant technology in the course of enforcement; additionally, to remind the law making body of Tanzania in ensuring that the laws relating to criminal justice conform to current technology. Among the queries which have been addressed through this work is the status of technology in the system of criminal justice administration in Tanzania and the trend of justice delivery. In the last 15 years the penetration of computers and electronics into commercial and domestic life had a great impact on the practicability of litigation. Apart from the normal documents in hard copy we used to tender in court, there is a challenge of finding documents which are stored in computers which a good number of courts and tribunals of Tanzania do not acknowledge. Additionally, some crimes are committed through computer technology in the internet and further communication relating to crimes are made through the internet and the mobile phones; so the whole system of criminal justice needs to be aware of some of the areas in which electronics have made a difference. It is high times the Criminal Justice Systems in the entire World are facing stiff challenges on the modus operandi of committing several crimes which employ very modern and advanced technologies. Realizing these challenges, the governments of most countries are improving their systems of criminal justice and amending their laws to coup with the contemporary situation of modern technology. Tanzania as one among those countries would require updating its criminal justice system lest the criminals privatize it by their advanced technologies. Finally, through the study one will realise that, the whole system of criminal justice administration in Tanzania is running without modern technology the thing which is occasioning injustice. This work in addressing the whole problem systematically, it involved extensive library study and a field research on this problem. This work has five chapters with the tittles which form a good clue of what is contained therein.
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    Fighting corruption in Tanzania: a critique of the law and the administration of the anti corruption institutions.
    (University of Dar es Salaam, 2004) Masatu, Makaki
    Corruption is a worldwide phenomenon. Despite efforts employed to fight it in Tanzania, by the 1990's the rate of corruption was at an alarming stage. During the 1995 general elections, promises were made to fight corruption. After the elections a war against corruption was declared, and consequently a Presidential Commission was formed to inquire into the causes of corruption and suggest ways of dealing with it. It is against this background that this work assesses the adequacy and effectiveness of the war against corruption. Corruption hurts most in poor countries such as Tanzania. It manifests itself in various forms than those addressed in the Prevention of Corruption Act, 1971. In this regard, this study examines different legal regimes and instruments dealing with the fight against corruption such as the SADC Protocol Against Corruption, The Prevention of Corruption Act, 1988 of India, and the Prevention of Corruption Act of Singapore, 1993, just to mention a few. The examination aimed at looking at how the inadequacy found in our law can be rectified. The central hypothesis of this study is that the continual increase of corruption in Tanzania is due to, among others, the existence of the inadequate, incomprehensive and or ineffective anti corruption law. This work is divided into five chapters. The first chapter deals with introduction and the theoretical framework of the study. Chapter Two gives a historical analysis and background of the causes of corruption. It also highlights efforts taken at national, regional and global level. Chapter Three discusses the law on corruption in Tanzania. It gives a historical account of the evolution of the law dating from the period of the colonial administration. Furthermore, assessment of the law to see whether it is adequate hence effective in the fight against corruption is made under Chapter Four. Chapter Five concludes the work and gives some recommendations.
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    Upholding the principle of judicial independence in the republic of South Sudan: challenges and prospects
    (University of Dar es Salaam, 2017) Nyombe, Charity
    The research, mainly carried out in Juba, the capital city of South Sudan where the Judiciary is located focuses on whether the Republic of South Sudan upholds the principle of the independence of the Judiciary. Library and electronic research as well as interviews and observation were the methodologies used. The main findings include loopholes in the legal, institutional and individual independence of the Judiciary as an organ of State. Legally, South Sudan, having inherited mainly the Sharia legal system and its subsequent adoption of the English Common Law system, faces challenges of implementation of the principle of judicial independence basically because of the limited knowledge in this field of independence of the judiciary. Institutionally, the Judiciary is not fully equipped to practice the English Common Law system to which the independence of the Judiciary is basic, but with which most of the Judges and Justices are not well conversant. As such, court documents and proceedings are rendered and kept in the Arabic language and system of law. Individually, Judges and Justices who are, generally, willing to administer justice, encounter interference by the Executive, specifically such interference ranges from threats to their person, unwarranted removal from office without due process. The research concludes that the major challenge to the independence of the Judiciary is the outright interference by the Executive and the Legislature and the virtual lack of knowledge regarding the importance and applicability of the principle of judicial independence. It recommends legal and institutional reforms as soon as possible.
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    Upholding the right to fair trial within the EAC: a case study of Burundian criminal justice system.
    (University of Dar es Salaam, 2018) Ntahompagaze, Arnaud
    This study examines barriers to the right to fair trial in the East African Community focusing on the criminal justice system in Burundi. The study proceeded with an assumption that the Criminal Justice system in Burundi encounters several constraints which undermine the realisation of the right to fair trial. The study concludes that several challenges hinder the right to fair trial due to existing gaps between law and practice. These challenges are tied to lack of independence and impartiality of the judicial system which results from lack of effective separation of powers. The lack of national institutions in charge of legal aid is equally a major constraint to according effective representation to criminal defendants in Burundi. This study recommends that the Constitution of Burundi should be amended in order to ensure security of tenure for Judges, effective separation of powers and independence of Judiciary. The study also recommends establishment of a national legal aid scheme in order to ensure the effective representation of indigents and vulnerable people who represent a high number of the population in Burundi. Further establishment of national fund to subsidize Non-Governmental Organizations (NGOs) which provide legal aid is also recommended. This will help to revamp legal aid programs which have suffered and continue to suffer for lack of funds. The study further recommends that the Government should establish a national institution in charge of recruiting the Judicial staff and therefore improve their technical and capacity skills.