Adherence to Fair Trial Principles by High Court of Tanzania: A Case Study of Dar es Salaam Region

Mateka, Neema Abraham (2020) Adherence to Fair Trial Principles by High Court of Tanzania: A Case Study of Dar es Salaam Region. Masters thesis, The Open University of Tanzania.

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Abstract

The research concerns the adherence to Fair Trial by High court of Tanzania. The study has shown there are complaints alleging Tanzania especially High Court is in violation of fair trial as guaranteed in the constitution and other human rights international instruments. The study chose High court because of indispensable role played by the High Court in the fair administration of justice. The core objective of this study is to assess the extent of adherence to the fair trial by High court. Though the study found out that there are other minimum legal standards and principles associated with fair trial stipulated in Tanzania legal system, these standards are both not exhausted and followed. The research employed doctrinal, qualitative approach as well as comparative legal research methodology through the use of international instruments, which Tanzania has ratified to assess the extent of adherence. The study found out that the extent of adherence of fair trial right by High Court is very low. Vivid evidences are drawn from the decisions made in the cases carried out by High Court, and from the decisions of the Court of Appeal, the Highest court in hierarchy in Tanzania Judiciary, as well as from the several cases decided by the African Court on Human and Peoples’ Right, which tell that Tanzania is in violations of fair trial rights as the cases were decided on merits. The study recommends that the number of competent Judges and Magistrates should be increased in order to reduce their workload and deploy them effectively. This, in turn, will help to achieve the desired case management goals in the Court of Appeal, High Court and subordinate courts.

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