Assessment of Challenges of Digital Technology in Admissibility of Electronic Evidence in Tanzania.

Kamaleki, Edwin Mwombeki (2024) Assessment of Challenges of Digital Technology in Admissibility of Electronic Evidence in Tanzania. Masters thesis, The Open University of Tanzania.

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Abstract

The rapid evolving digital devices technology give rise to emergency of electronic evidence which in turn poses challenges to traditional rules of evidence notably relevance, hearsay, authentication and best evidence rule. As it has been noted, the rules which were applicable to paper-based evidence are now applicable to electronic evidence. Conversely, the new digital rules of admissibility of electronic evidence which have been enacted in Tanzania, particularly the new specific law; the Electronic Transaction Act,2015 tend to limit the traditional rules in Evidence Act while themselves are insufficient to cater the technological digital demands. It is not clear whether the new digital rules modify the existed ones to be adopted to this current technological reality. The effect renders confusions, inconsistent case laws as well as rendering evidence inadmissible thereby limiting their scope of admissibility and vice versa, which in turn, injustices to the society. This study aims to assess the entire rules of admissibility of electronic evidence in Tanzania and its enactment of digital laws to see if the letters of law are sufficient and ideal to technological reality. To achieve the target, the study employed pure doctrinal legal research methodology which allows scrutiny over the letters of law and makes use of the existing literature to critically analyse and explore challenges of admissibility of electronic evidence. The study disclosed that the current legal situation is not the ideal as legal provisions are insufficient, heterogeneous and primitive when interpreted by courts in the prevailing digital environment. The study finally recommends workable solutions, among others to overhaul entire legal framework for admissibility of electronic evidence and amend the provisions and enact which will modify the existed traditional rules to quench thirsty of current technological environment.

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