jackson ole nemeteni others vs attorney general 2007 tzhc 486 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 because it lacks procedural safeguards and is arbitrary, but the court, invoking Article 30(5), allows the provision to remain valid for 18 months to enable the government 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 a constitutional violation but an administrative issue, and the section is not u…
Source excerpt
- Denial of bail
- Disclosure of witness statements
- Right to fair trial
- Delay in criminal proceedings
- Interpretation of constitution