jackson s o ole nemeteni ole saibul mdosi mjomba mjomba 19 others vs attorney general 2007 tzhc 38 13 july 2007

jackson s o ole nemeteni ole saibul mdosi mjomba mjomba 19 others vs attorney general 2007 tzhc 38 13 july 2007

Section 148(5)(a) of the Criminal Procedure Act, in relation to armed robbery, is violative of Article 15(2)(a) of the Constitution due to lack of procedural safeguards and overbreadth, but is not struck down immediately; the government is given 18 months to rectify the defect. Section 9(3) restricting disclosure of witness statements does not violate Article 13(6)(a) as the current system provides sufficient opportunity for defence. Section 225(4) is not violative of Article 107A(2)(b); non-compliance is an administrative issue, not a constitutional defect.

Citation
jackson s o ole nemeteni ole saibul mdosi mjomba mjomba 19 others vs attorney general 2007 tzhc 38 13 july 2007
Parties
Petitioners: Mjosmba and 19 Others; Respondent: Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 July 2007
Procedural Posture
Miscellaneous Civil Cause / Judgment
Outcome
Petition partly allowed with directions to government; no immediate invalidation of impugned provisions.
Legal Topics
Bail, Right to Fair Trial, Disclosure of Evidence, Delay in Criminal Proceedings, Armed Robbery
Source Language
English
Constitutional Law Criminal Law Bail Right to Fair Trial Disclosure of Evidence Delay in Criminal Proceedings Armed Robbery

Case Brief

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Parties

Mjosmba and 19 Others

Petitioners

Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause / Judgment

Legal Issues

  1. 1 Whether denial of bail for armed robbery under section 148(5)(a) of the Criminal Procedure Act violates Article 15(2)(a) of the Constitution
  2. 2 Whether section 9(3) of the Criminal Procedure Act restricting disclosure of witness statements violates Article 13(6)(a) of the Constitution
  3. 3 Whether delays in trial violate section 225(4) of the Criminal Procedure Act and Article 107A(2)(b) of the Constitution

Ratio Decidendi

Section 148(5)(a) of the Criminal Procedure Act, in relation to armed robbery, is violative of Article 15(2)(a) of the Constitution due to lack of procedural safeguards and overbreadth, but is not struck down immediately; the government is given 18 months to rectify the defect. Section 9(3) restricting disclosure of witness statements does not violate Article 13(6)(a) as the current system provides sufficient opportunity for defence. Section 225(4) is not violative of Article 107A(2)(b); non-compliance is an administrative issue, not a constitutional defect.

Court Disposition

Petition partly allowed with directions to government; no immediate invalidation of impugned provisions.

Orders

  • Government to rectify the definition of armed robbery and establish a procedure for denial of bail within 18 months from judgment date.
  • Section 148(5)(a)(i) remains valid for 18 months pending rectification.