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Tanzania decisions
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The Court of Appeal quashed a rape and schoolgirl-impregnation conviction after finding the victim testified unsworn, contrary to section 198(1) of the CPA.
The High Court nullified a CMA labour award after finding that several witnesses testified without oath or affirmation, making the proceedings a nullity.
The trial tribunal's proceedings were vitiated by failure to take oath/affirmation of witnesses, failure to append signature at the end of witness testimony, and irregularly proceeding interpartes after an ex-parte order without setting it aside. These procedural irregularities rendered the proceedings null and void.
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The conviction could not stand because key prosecution witnesses (PW2 and PW3) gave unsworn evidence in violation of section 198(1) of the Criminal Procedure Act, rendering their testimony and related exhibits inadmissible and valueless. Additionally, the prosecution failed to establish an unbroken chain of custody for the seized narcotic drugs, leaving reasonable doubt as to the integrity and identity of the evidence. Consequently, the prosecution did not prove the offence beyond reasonable doubt.
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The High Court nullified a CMA award after finding witnesses had testified without oath or affirmation, rendering the proceedings and award defective.
The failure to administer oath or affirmation to witnesses at the CMA is a fatal irregularity that renders the proceedings null and void, requiring the nullification of all subsequent decisions based on those proceedings.
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Failure to administer oath or affirmation to witnesses is a fatal procedural irregularity that nullifies the CMA proceedings and the award; compliance with mandatory legal provisions cannot be cured by the overriding principle.
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The trial was a nullity due to an incurably defective charge sheet that failed to disclose the essential elements of attempted rape and the failure to swear or affirm all witnesses and the accused, rendering the evidence worthless. These defects could not be cured and warranted quashing the conviction and sentence without ordering a retrial.
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Court of Appeal of Tanzania quashed a theft conviction after finding key evidence was unsworn, cautioned statements were irregular, and proof was hearsay.
The failure to administer oaths or affirmations to all witnesses, including the accused, rendered the entire proceedings a nullity as per section 198(1) of the Criminal Procedure Act. The notice of appeal was also defective, but the court exercised its revisionary powers to nullify the proceedings and order a retrial to prevent perpetuation of the irregularity.
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