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Tanzania Case Law

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Criminal law The Director of Public Prosecutions vs Hassan Ally Kube Another Misc

The Director of Public Prosecutions vs Hassan Ally Kube Another Misc

Given the seriousness of the charges, the threats to witnesses, and the legal framework supporting witness protection, the court found it necessary to grant non-disclosure of witness identity and related documents, and to conduct committal proceedings in camera, limited to the committal stage. Further protection measures for the trial stage should be sought before the trial judge.

  • Witness protection
  • Disclosure of evidence
  • In camera proceedings
  • Committal proceedings
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Human rights law mango and another c republique unie de tanzanie requete n 0052016 2018 afchpr 12 11 mai 2018

mango and another c republique unie de tanzanie requete n 0052016 2018 afchpr 12 11 mai 2018

The Court found that the respondent State violated Article 7(1)(c) of the African Charter by failing to provide the applicants with free legal assistance and by failing to provide timely access to certain witness statements, thereby impairing their right to prepare a defense. The Court also found a consequential violation of Article 1 of the Charter. Other alleged violations were not established or were unproven.

  • Right to fair trial
  • Access to legal counsel
  • Disclosure of evidence
  • Exhaustion of domestic remedies
  • Remedies and reparations
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Constitutional law jackson so ole nemeteni ole saibul ndosi mjomba mjomba another vs the attorney general 2007 tzhc 197 13 july 2007

jackson so ole nemeteni ole saibul ndosi mjomba mjomba another vs the attorney general 2007 tzhc 197 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 arbitrariness, but is not struck down immediately; the government is given 18 months to rectify the defect. Section 9(3) does not violate Article 13(6)(a) as the current system provides sufficient opportunity for the accused to prepare a defence. Section 225(4) is not violative of Article 107A(2)(b) as non-compliance is an administrative issue, not a constitutional deficiency.

  • Bail
  • Right to fair trial
  • Disclosure of evidence
  • Delay in criminal trials
  • Interpretation of statutes
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Constitutional law 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.

  • Bail
  • Right to fair trial
  • Disclosure of evidence
  • Delay in criminal proceedings
  • Armed robbery
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Constitutional law 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 defic…

  • Bail
  • Right to fair trial
  • Disclosure of evidence
  • Speedy trial
  • Interpretation of constitution
  • Armed robbery
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Tanzania decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.