The law relating to military service tribunal in Tanzania: an evaluation of Tanzania peoples defence forces' general courts-martial impartiality in trial procedure

This research work examined provisions of The National Defence Act A) by evaluating Tanzania Peoples Defence Forces' (TPDF) General Courts-Martial (GCM) impartiality in trial procedures. The research was done by primary or field data collation through interview as well as secondary data collection. The work has five chapters. Chapter one deals with general introduction. Chapter two looks at introduction and historical development of military justice system in Tanzania. It traces history from the period before coming of Germans, during German and British colonial rule, period of independence and union of Tanganyika and Zanzibar. Chapter three evaluates NDA's provisions on GCM jurisdictions and powers, it looks at GCM convening, composition and constitution, persons liable to be tried and scale of punishment. Further, it looks at proceedings and findings as well as pronouncement of the findings. Finally, the role of lay members and Judge Advocate at GCM proceedings is also considered. Chapter four looks at issues of partiality at GCM proceedings. Issues of openness and fair trial, concept and role of chain of command, credibility of defending officer, lack of defence counsel services, general processes of convening GCM and roles played by convening authority appointees. Chapter five discusses findings, TPDF military justice system appraisal, conclusions and recommendations. The study found and concluded that GCM trial procedures are not impartial towards the accused. The study suggests amendment to NDA provisions to remove the powerful CA role in GCM process and establishment of military judge and or jury system and lastly the introduction of defence counsel services at JAG's ounce.