20070713 TZHC Dar es Salaam

20070713 TZHC Dar es Salaam

Section 148(5)(a) of the Criminal Procedure Act, as it relates to armed robbery, is violative of Article 15(2)(a) of the Constitution because it lacks a procedure prescribed by law and is arbitrary, but the provision is not struck down immediately; the government is given 18 months to rectify the defect. Section 9(3) of the Act does not violate Article 13(6)(a) as the current system provides sufficient opportunity for the accused to prepare a defence. Non-compliance with section 225(4) is not, per se, violative of Article 107A(2)(b) as it is an administrative issue, not a constitutional deficiency.

Citation
20070713 TZHC Dar es Salaam
Parties
Petitioner: Jackson s/o Ole Nemeteni @ Ole Saibul @ Mdosi @ Mjomba and 19 Others; Respondent: The Attorney General
Court
TZHC
Jurisdiction
Tanzania
Judgment Date
13 July 2007
Procedural Posture
Miscellaneous Civil Cause (constitutional Petition) / Judgment
Outcome
Petition partly allowed and partly dismissed.
Legal Topics
Bail, Right to Fair Trial, Disclosure of Evidence, Speedy Trial, Interpretation of Constitution, Armed Robbery
Source Language
English
Constitutional Law Criminal Procedure Bail Right to Fair Trial Disclosure of Evidence Speedy Trial Interpretation of Constitution Armed Robbery

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Parties

Jackson s/o Ole Nemeteni @ Ole Saibul @ Mdosi @ Mjomba and 19 Others

Petitioner

The Attorney General

Respondent

Procedural Posture

Miscellaneous Civil Cause (constitutional Petition) / 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 prosecution witness statements, violates Article 13(6)(a) of the Constitution.
  3. 3 Whether non-compliance with section 225(4) of the Criminal Procedure Act violates Article 107A(2)(b) of the Constitution.

Ratio Decidendi

Section 148(5)(a) of the Criminal Procedure Act, as it relates to armed robbery, is violative of Article 15(2)(a) of the Constitution because it lacks a procedure prescribed by law and is arbitrary, but the provision is not struck down immediately; the government is given 18 months to rectify the defect. Section 9(3) of the Act does not violate Article 13(6)(a) as the current system provides sufficient opportunity for the accused to prepare a defence. Non-compliance with section 225(4) is not, per se, violative of Article 107A(2)(b) as it is an administrative issue, not a constitutional deficiency.

Court Disposition

Petition partly allowed and partly dismissed.

Orders

  • Section 148(5)(a) of the Criminal Procedure Act, in relation to armed robbery, declared violative of Article 15(2)(a) but remains valid for 18 months from judgment to allow government rectification.
  • Government directed to amend the law to provide a proper definition of armed robbery and a procedure for denial of bail as required by the Constitution.