Admissibility of electronic evidence tanzania mondaq. Office of the attorney general discharge of duties act, 2005. Evidence may be given of facts in issue and relevant facts. Tanzanians legal system is governed by the common law system since its. Like most laws, evidenciary laws can originate via common law, constitutional rights, or state or federal statutes. There are three primary sources for the laws of evidence. Except as otherwise provided in any other law this act shall.
The tanzanian courts for quite a long time have been relying on the common law doctrine of best evidence rule to which the primary evidence in most cases is the written and signed or authenticated documents 1. Suffices to say, there are two vital elements of the evidence law that have been applied by legal practitioners in tanzania without having adequate governing legal provisions in the tea. The tanzanian law of evidence act, no 6 of 1067 act does not have provisions recognizing electronic documents as admissible evidence. Relevancy of evidence given in previous proceedings. However the trend has changed recently this paper therefore tries to. Organizational ethics committee and show evidence of deliberations and disciplinary actions undertaken. Highlights of electronic transactions act 2015 which came into effect on 14 august 2015 are. Enacted by the parliament of the united republic of.
Tanzania evidence act tea after realizing that in the fight against corruption, the existing law against corruption the prevention and combating of corruption act2 cannot thrive without procedural laws evidence law being one of them being overhauled or substantially amended to reflect the current societys needs and realities. The evidence act 1967 arrangement of sections chapter i preliminary section 1. As it is a case for global studies, the local literatures on the subject found out that, gbv is. It derived this system from its british colonial legacy, as it does the system of government. While they are for the most part similar, there are some important differences. Gbv focusing on tanzania, gbv incidents are quite rampant in the country. Reforming the law of evidence of tanzania northwestern pritzker. These include the exclusionary rule of criminal procedure, which prohibits the admission in a criminal trial of evidence gained by unconstitutional means, and the parol evidence rule of contract law, which prohibits the admission of extrinsic evidence of the contents of a written contract. The rapid increase of employing it in daily life in tanzania has brought many challenges.
This guide to law online tanzania contains a selection of tanzanian legal, juridical, and governmental sources accessible through the internet. Act codifies the common law rules of evidence such as relevance, admissibility, authentication, hearsay. The tanzania passports and travel documents act,2002. Allen, nine students, and one recent northwestern law graduate presented a draft. The evidence act an act to declare the law of evidence. The point of departure for discussion is the tanzania. Review of laws and policies related to gender based. Tanzanias legal system is based on the english common law system. Links provide access to primary documents, legal commentary, and general government information about specific jurisdictions and topics. This act may be cited as the evidence act 1967 and shall come into operation on such date as the minister may, by notice in the gazette, appoint.
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