An examination of the law and practice relating to asset recovery in Tanzania

This study critically examines the law and practice relating to asset recovery in Tanzania. Criminally acquired asset recovery is considered to be an effective mechanism of addressing serious and organised crimes within national boundaries and across international frontiers. When carried out as expected, the mechanism has an impact of depriving criminals of their ill-gotten wealth thereby striking them at appoint where it hurts most. This is a paradigm shift from penal law and policy making bodies of concentrating on persons only to also address their minds to property. Tanzania has legal and institutional frameworks that deal with forfeiture of criminally acquired assets. However, having these frameworks is one thing and letting them to operate is another thing altogether. The study has revealed that the legal and institutional frameworks on asset recovery in Tanzania are not efficient to enable recovery of proceeds and instrumentalities of crime. This explains why there has been under-utilisation of the legal –institutional frameworks on asset recovery despite that laws to that effect were in place since 1991 and came into operation in 1994. Among the reasons behind such underutilisation is that the frameworks lack driving force to move law enforcement agencies, institutions which deal with asset recovery process are not familiar with forfeiture laws that are in place; and little efforts were made to strengthen those institutions in terms of capacity building. Moreover, the wide discretionary powers left to the prosecution of either to apply for forfeiture order or not needs a mention. So far the law makes it optional for the prosecution to apply or not to apply for forfeiture orders upon conviction of accused persons who stood charged with predicate offences. This, it is argued, is one of scenario showing the under-utilisation of legal-institutional frameworks on asset recovery. In fact it is a stumbling block that hinders effective asset recovery. Recommendations have been made, basing on major findings of the study in order to remedy and improve the situation. They include, reforming the laws to be efficient to enable recovery of proceeds and instrumentalities of crime; improving asset management system; enhancing effective cooperation and collaboration among law enforcement agencies and institutions that are involved in asset recovery; and upholding ethical values, enhancing law enforcement and effective close supervision.