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

47 Pages Posted: 16 Sep 2012 Last revised: 29 Apr 2014

Date Written: February 20, 2013

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.

Keywords: evidence, procedure, comparative law, Tanzania

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: https://ssrn.com/abstract=2146919 or http://dx.doi.org/10.2139/ssrn.2146919

Ronald Jay Allen (Contact Author)

Northwestern University Law School ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-8372 (Phone)
312-503-2035 (Fax)

Timothy Fry

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
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 - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Jeff VanDam

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

Paper statistics

Downloads
372
Rank
62,845
Abstract Views
2,259