PRINCIPLES OF ADMINISTRATION OF JUSTICE: ANALYSIS OF LAW AND PRACTICE IN TANZANIA

NGILANGWA, ABEL (2023) PRINCIPLES OF ADMINISTRATION OF JUSTICE: ANALYSIS OF LAW AND PRACTICE IN TANZANIA. Masters thesis, The Open University of Tanzania.

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Abstract

The study aimed to examine the principles governing the administration of justice in Tanzania, their practical implementation, and their impact on ensuring fairness, impartiality, and access to justice for all individuals within the legal system. The research methodology used in this study was doctrinal legal research, which involves examining primary and secondary sources of law to understand the certainty, consistency, and continuity of these principles and their practical implementation. The study critically examines both primary and secondary sources of law to gain insights into the administration of justice in Tanzania. Primary sources include legislation, constitutional provisions, and judicial decisions, while secondary sources include legal commentaries, academic articles, and reports. By analysing these sources, the study identified defects in the principles governing the administration of justice in Tanzania, whether in their statutory incorporation or in their practical application. The findings of the study reveal that the principles governing the administration of justice in mainland Tanzania suffer from defects. These defects can be either in their statutory incorporation, meaning that the laws themselves are inadequate or unclear, or in their practical application, meaning that they are not consistently or effectively implemented. These defects give rise to various challenges in the administration of justice, such as delays in court proceedings, lack of access to justice for marginalized groups, and corruption within the legal system. Based on these findings, the study recommends the need for statutory amendments and practical approaches to enhance the administration of justice in Tanzania by revising existing laws or enacting new legislation to address the defects identified in the principles governing the administration of justice and improving the training and capacity-building of judicial officers and court staff, implementing technology solutions to streamline court processes, and promoting transparency and accountability within the legal system. Thus, this study provides valuable insights into the administration of justice in Tanzania and highlights the need for reforms to address the challenges identified. By addressing these defects and implementing the recommended changes, Tanzania can enhance the administration of justice and ensure that its legal system operates in a fair, efficient, and effective manner.

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