dastan makwaya another vs republic 2018 tzca 181 24 august 2018

dastan makwaya another vs republic 2018 tzca 181 24 august 2018

Failure to provide an interpreter to an accused who does not understand the language of the court is a fatal procedural irregularity that renders the proceedings and judgment null and void, regardless of whether the accused was represented by counsel. The appropriate remedy is to nullify the proceedings and judgment, quash the conviction and sentence, and order a retrial before another judge and a new set of assessors.

Citation
dastan makwaya another vs republic 2018 tzca 181 24 august 2018
Parties
Appellant: Dastan Makwaya; Appellant: Jovith @ Mtagaywa Jovin; Respondent: The Republic
Court
TZCA
Jurisdiction
Tanzania
Judgment Date
24 August 2018
Procedural Posture
Criminal Appeal / Appellate (court of Appeal)
Outcome
proceedings and judgment of the High Court nullified; conviction quashed; sentence set aside; retrial ordered
Legal Topics
Right to Fair Trial, Language of Proceedings, Interpretation in Criminal Trials, Nullity of Proceedings, Retrial
Source Language
English
Criminal Law Criminal Procedure Right to Fair Trial Language of Proceedings Interpretation in Criminal Trials Nullity of Proceedings Retrial

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Parties

Dastan Makwaya

Appellant

Jovith @ Mtagaywa Jovin

Appellant

The Republic

Respondent

Procedural Posture

Criminal Appeal / Appellate (court of Appeal)

Legal Issues

  1. 1 Whether failure to provide an interpreter to an accused who does not understand the language of the court renders the proceedings null and void
  2. 2 Whether a retrial should be ordered where such a procedural irregularity has occurred

Ratio Decidendi

Failure to provide an interpreter to an accused who does not understand the language of the court is a fatal procedural irregularity that renders the proceedings and judgment null and void, regardless of whether the accused was represented by counsel. The appropriate remedy is to nullify the proceedings and judgment, quash the conviction and sentence, and order a retrial before another judge and a new set of assessors.

Court Disposition

proceedings and judgment of the High Court nullified; conviction quashed; sentence set aside; retrial ordered

Orders

  • Proceedings and judgment of the High Court nullified
  • Conviction quashed