Nasari, Nuruprudensia Jeremia
(2025)
Judicial Response to the Emerging Challenges of E-Filing in Mainland Tanzanian Courts: An ‘Access to Justice’ Perspective.
Masters thesis, The Open University of Tanzania.
Abstract
This study critically examines the role of electronic filing (e-filing) of court cases in enhancing access to justice and the judicial response to the emerging e-filing challenges in Mainland Tanzanian courts. Rooted in a legal system historically characterized by manual, paper-based processes, the Tanzanian judiciary has undertaken a significant digital transformation aimed at modernizing court operations, reducing case backlog, improving transparency, and ensuring timely justice delivery. The study explores legal and institutional frameworks underpinning e-filing, particularly the Judicature and Application of Laws (Electronic Filing) Rules, 2018 and assesses subsequent procedural reforms that have been put in place, such as amendments to the Civil Procedure Code and Court of Appeal Rules. Against the backdrop of access to justice, it also evaluates the technological infrastructure supporting e-filing, which includes the Judiciary Statistical Dashboard System (JSDS2), and the Electronic Case Management System (e-CMS). While e-filing has demonstrated considerable potential to increase efficiency and inclusivity in court proceedings, the study identifies several challenges impeding its full realization. These include digital illiteracy, infrastructural limitations, legal inconsistencies, and the exclusion of self-represented litigants in rural areas which challenges underline the significance of judicial response in overcoming such challenges. Drawing from comparative experiences in, this study argues for a balanced and inclusive approach to digital justice that accommodates both electronic and manual processes. The study concludes by recommending policy refinements, infrastructure investment, and user-centered system designed to ensure that e-filing meaningfully contributes to a more accessible, equitable, and resilient judicial system in Tanzania.
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