The impact of information and communication technology on rules of evidence in Tanzania
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Date
2011
Authors
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Journal ISSN
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Publisher
University of Dar es Salaam
Abstract
This study presents an assessment of the impact of advancement on information and communication technology (ICT) on rules of evidence with particular reference to the evidence Act, 1967. The current principles under this law, as observed in this study, assume existence of paper based records and documents and those documents and records should bear signatures for legal recognition. This scenario raised a number of challenges on principles of evidence, particularly those governing admissibility of documentary evidence and authentication. In this study the author conducted literature review and field study with a view to excite a scholarly discussion on the impact of ICT on rules of evidence in Tanzania. Both the literature review and field survey revealed that advancement of ICT has caused a lacuna in the Evidence Act, 1967 in that it is doubtful whether it accommodates evidence in electronic form. The survey further revealed that the impact of ICT on rules of evidence can best be responded by legislation. The study, therefore, recommends for enactment of a comprehensive legislation, which gives electronic transactions legal recognition, including evidence generated in electronic transactions legal recognition, including evidence generated in electronic form. It further recommends that judges, through precedents and in the absence of law on ICT, should give a wide interpretation to paper based terminologies like document, writing, evidence, and signature to cover their counterparts in electronic form. The above proposed legal frame work for recognition of electronic evidence in Tanzania, would create predictability and certainty on computer related transactions, vital for growth of e-commerce so as to keep pace with the present manifesto of globalization and liberalization.
Description
Available in print form, East Africana Collection, Dr.Wilbert Chagula Library, (THS EAF KRD.L8)
Keywords
information, communication technology, Tanzania
Citation
Lukumay, Z.N. (2011).The impact of information and communication technology on rules of evidence in Tanzania, Masters dissertation, University of Dar es Salaam, Dar es Salaam.