Abstract

http://ssrn.com/abstract=2146919
 


 



Reforming the Law of Evidence of Tanzania (Part One): The Social and Legal Challenges


Ronald J. Allen


Northwestern University Law School

Timothy Fry


Northwestern University - School of Law; McGuireWoods LLP

Jessica Notebaert


Northwestern University - School of Law

Jeff VanDam


Northwestern University - School of Law

February 20, 2013

Boston University International Law Journal, Forthcoming

Abstract:     
Over fifty years after its independence, the nation of Tanzania has built a complex system of courts along with intricate rules to govern them. Among those rules is Tanzania’s Evidence Act, a prolix and confusing 56-page document with 180 subpoints, some of which contradict. In 2011, the Tanzanian government established a working group to examine the Evidence Act with the goal of reforming it, and invited the authors to Dar es Salaam to meet with stakeholders in the legal community and discuss revision of the law. This Article is the result. It examines both the British colonial origin and inconsistent modern application of Tanzania’s evidence rules. The Article then identifies functional realities of the nation’s judicial system that must be considered in adopting any potential reform, many gleaned from the authors’ interviews and observations in Tanzania. The Article will serve as the first in a series about reform of Tanzania’s Evidence Act, with a second piece suggesting a new framework for governing the use of evidence in Tanzania, and a third identifying methods vital for adoption and acceptance of the new rules.

Number of Pages in PDF File: 47

Keywords: evidence, procedure, comparative law, Tanzania

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Date posted: September 16, 2012 ; Last revised: April 29, 2014

Suggested Citation

Allen, Ronald J. and Fry, Timothy and Notebaert, Jessica and VanDam, Jeff, Reforming the Law of Evidence of Tanzania (Part One): The Social and Legal Challenges (February 20, 2013). Boston University International Law Journal, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2146919 or http://dx.doi.org/10.2139/ssrn.2146919

Contact Information

Ronald Jay Allen (Contact Author)
Northwestern University Law School ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States
312-503-8372 (Phone)
312-503-2035 (Fax)

Timothy Fry
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States

McGuireWoods LLP ( email )
77 West Wacker Dr
Suite 4100
Chicago, IL 60601
United States
312-750-8659 (Phone)
Jessica Notebaert
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States

Jeff VanDam
Northwestern University - School of Law ( email )
375 E. Chicago Ave
Unit 1505
Chicago, IL 60611
United States

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