January 31, 2023, marked a significant milestone in Tanzania as President Samia Suluhu Hassan took a bold step to address the challenges plaguing Tanzania’s Justice System. President Hassan inaugurated a Commission dedicated to examining and improving the performance of the nation’s criminal justice institutions with a vision of promoting fairness, efficiency, and human rights.
Under the capable leadership of Retired Chief Justice Mohamed Chande Othman as the Chairman and Retired Chief Secretary Ambassador Ombeni Yohana Sefue as the Vice Chairman, along with a distinguished team of nine members, the Commission embarked on a critical mission. The members were carefully selected, bringing together diverse expertise and perspectives to comprehensively analyse the issues.
Tanzania Digest has meticulously collected key details regarding the current state of Tanzania’s justice system and the significant recommendations by the Commission appointed by President Samia Suluhu Hassan.
Former Chief Justice Mohammed Chande Othman chaired the commission; the commission’s members included former Chief Secretary Ambassador Ombeni Sefue as the deputy chairperson, Edward Hosea, the former president of the Tanganyika Law Society (TLS), Yahya Khamisi Hamad, the former president of the Zanzibar Law Society (ZLS).
Others were Saada Ibrahim Makungu, a former member of the Police Force; Omary Issa, the chairperson of the Tanzania Electric Supply Company Limited (Tanesco) board; Baraka Leonard, a senior official from the President’s Office; Attorney General Dr Eliezer Feleshi, Dr Laurean Ndumbaro, the former Permanent Secretary of Public Service Management and Good Governance, as well as former Inspector-General of Police (IGP), Said Mwema and former IGP Ernest Mangu.
The President of the United Republic of Tanzania, Her Excellency Dr Samia Suluhu Hassan, inaugurated a Commission to Examine How to Improve Tanzania's Justice System.
The members of the Presidential Commission, assigned with the crucial task of scrutinizing Tanzania's Justice System for potential improvements, diligently pursue their mission by visiting diverse institutions and engaging in constructive discussions with institutional leaders and community groups in Mwanza.
May 2 ,2023After three months of gathering stakeholders' feedback, the Commission for Improving the Criminal Justice System and Institutions in the Country commenced analysis to provide a preliminary draft of recommendations.
Presented by the Chairman of the Commission, Retired Chief Justice Mohamed Chande Othman, at a ceremony held at the State House in Dar es Salaam.
The Commission identified a need for a national strategy for detecting and preventing crime. Law enforcement agencies primarily focus on apprehending criminals after crimes rather than proactively preventing them. Additionally, there need to be more resources, exacerbating the problem.
The Commission recommends developing and implementing a specific “Crime Detection and Prevention Strategy” strategy in collaboration with various stakeholders in the Criminal Justice system. The strategy should address maritime and cybercrime as well. The revival and official recognition of the ten-household system within the Local Government system is suggested to facilitate community identification for sustaining the crime prevention strategy.
Integrating social and commercial service systems with identification and registration systems is proposed to give every citizen a unique identification number. Steps to reduce a cash-based economy, including removing barriers in payment systems and online money transfers, are recommended.
Community engagement systems in crime prevention, such as Community Police and TAKUKURU-Friendly, should be strengthened, and individuals involved should receive basic training on their responsibilities, emphasising respect for the law and human rights.
Collaboration with the private sector is encouraged to promote and invest in using CCTV cameras and ICT for crime prevention and detection. Lastly, education should be provided to the community to raise awareness about the importance of crime prevention.
Investigation & InquiryThe investigation is the most important step after a report of any criminal offence because it’s the only thing that will help the prosecution to have the basis for their case in court through the accumulation of evidence. Apprehension can be done at the crime scene; if not, detection work of various kinds may occur until the police have a suspect.
The quality of investigations and inquiries is crucial for timely justice, and improving the performance of Criminal Justice Institutions requires addressing issues of investigators’ capacity, expertise, resources, integrity, accountability, and efficiency. Currently, the lack of separation between the Investigation Department and other police activities leads to delays, lack of specialisation, and limited investigation efficiency. The department lacks experts, modern tools, and training, as well as outdated curricula.
The Prevention and Combating of Corruption Bureau (PCCB) faces challenges such as corruption within its ranks, a lack of competent investigators in corruption issues, a limited budget, and the absence of a recognised cybercrime investigation laboratory. Due to its non-union status, the Drug Control and Enforcement Authority (DCEA) also faces challenges, resulting in difficulty in controlling drug trafficking. The Authority operates regionally, leading to overlapping responsibilities and insufficient resources.
Consequences of multiple institutions involved in investigations include conflicts, increased government costs, lack of management and control systems, coordination challenges, and the need for nationwide coverage. Rapid response units formed by investigative institutions are criticised for their ineffectiveness, lack of accountability, and continuity.
The Commission recommends the establishment of a new and independent Investigative Authority, the National Bureau of Investigation (NBI), responsible for investigating major criminal offences. The NBI should have its budget, capacity to recruit staff, training institution, scientific laboratory, ICT systems, and specialised investigators. The law should also establish time limits for investigations in cases heard by the High Court.
