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Tanzania decisions
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The High Court granted bail to an accused committed after cancellation of lower-court bail, finding the offence bailable and imposing reporting, surety and travel conditions.
The High Court nullified committal proceedings for non-compliance with section 246(2) of the Criminal Procedure Act and ordered recommittal and separate counsel.
The High Court at Musoma granted the applicant bail after committal for manslaughter, subject to sureties, reporting duties, and movement restrictions.
The High Court of Tanzania granted bail to two applicants after committal from the District Court, imposing detailed conditions and surety requirements.
Committal proceedings are not a nullity if the substantive requirements of rule 8 of the CECD Rules are complied with, even if the magistrate cited an inapplicable provision of the CPA; such citation is curable under section 4A of the CPA.
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The omission to list prosecution witnesses and exhibits in the committal proceedings is curable in this case because the names and contents were read and explained to the accused, fulfilling the purpose of section 247 of the Criminal Procedure Act.
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The omission of specific names in the general statement is cured by the subsequent listing of witnesses and exhibits on pages 12 and 13, provided the numbers match.
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The High Court’s Corruption and Economic Crimes Division held that a flash disc containing a bank statement was inadmissible because it was not properly authenticated.
Section 289 of the Criminal Procedure Act was intended to cover all omissions at committal proceedings, including not listing exhibits, and therefore notice of additional exhibits is proper.
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The Resident Magistrate’s Court acted without jurisdiction by invoking section 220(1) of the Criminal Procedure Act and ordering the committal of the accused to a mental health institution and requiring production of witness statements at the committal stage, as such powers are reserved for the trial court during trial. The proceedings and order dated 21/05/2024 are a nullity and must be quashed and set aside.
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