AFRICAN JOURNAL OF LAW AND PRACTICE

Assessing Certification on Points of Law as a Gatekeeper to the Court of Appeal of Tanzania: Implications for Access to Civil Justice

Noel E.T Nkombe — 2026-07-29

This article assesses the mandatory requirement for a certificate on a point of law, granted by the High Court as a jurisdictional gateway to the Court of Appeal of Tanzania (CAT) under the Appellate Jurisdiction Act. The Tanzanian constitutional and statutory framework recognises appeal rights, subject to legislative and procedural limits. However, in matters requiring a certificate on a point of law, the requirement remains mandatory, and when the High Court with exclusive jurisdiction refuses it, the refusal is not appealable. The study adopts a doctrinal methodology. It finds that, although certification aims to limit appeals to points of law, strict compliance often hinders access to civil justice in the CAT. The article recommends explicit, prescriptive standards supported by a purposive judicial approach that prioritises ensuring that procedural rules do not undermine the constitutional principle of access to justice.

Criminal Record Expungement and Offender Reintegration in Tanzania: A Comparative Legal Analysis

Baraka F. Kanyabuhinya — 2026-07-29

Unlike certain African and Commonwealth jurisdictions, Tanzania has not enacted a statutory framework for expunging or sealing criminal records for minor and moderate offences. This legislative omission results in indefinite record retention for individuals who have fully served their sentences, perpetuating permanent legal disabilities that impede employment, travel documentation, professional licensure, and social reintegration. This paper provides the first systematic legal analysis of this discrete lacuna within Tanzania's criminal justice framework. No prior study has examined Tanzanian law through the doctrinal lens of statutory omission in expungement mechanisms. The paper identifies legal deficiencies arising from the absence of legislation governing criminal records expungement and offers a structured comparative analysis with South Africa, Kenya, and the United Kingdom to derive codifiable eligibility criteria, waiting periods, and offence exclusions. The methodology adopts a mixed-method framework, integrating a comparative doctrinal review of legislation and case law with an examination of social media discourse. The absence of an expungement framework is inconsistent with the rehabilitative object of the Prisons Act and fails to give effect to constitutional protections of dignity, equality, and non-discrimination. The paper recommends the enactment of a dedicated Expungement of Criminal Records Act, incorporating objective statutory criteria, judicial oversight, and express exclusions for serious offences.

Legal Protection and Health Rights of Child Offenders within the Juvenile Justice System in Tanzania

Ferdinand M. Temba — 2026-07-29

This article examines the legal protection and health rights of child offenders within the juvenile justice system, focusing on the adequacy of the legal and institutional frameworks governing their treatment, rehabilitation, and reintegration. It adopts a doctrinal legal research methodology based on the analysis of international, regional, and domestic legal instruments, judicial decisions, policy documents, official reports, and relevant scholarly literature. The study draws principally on the Convention on the Rights of the Child (CRC), the African Charter on the Rights and Welfare of the Child (ACRWC), the Law of the Child Act, Cap. 13 R.E. 2023, and related juvenile justice legislation. The findings indicate that Tanzania has established a relatively comprehensive legal framework that promotes child-centred justice and rehabilitation. However, effective implementation remains constrained by inadequate juvenile justice facilities, limited healthcare and mental health services, weak institutional capacity, shortages of trained personnel, and ineffective diversion and rehabilitation programmes. The article concludes that strengthening institutional capacity, expanding health and mental health services, and promoting community-based rehabilitation and reintegration are essential to ensuring effective protection of child offenders' rights.

Tracing the Path from International Investment Disputes to Domestic Legal Reform: A Case Study of Tanzania

Japhet Simeo — 2026-07-29

Tanzania is rich in natural resources and strategically located in East Africa; it has become a significant destination for foreign direct investment (FDI). However, the country faces challenges related to international investment disputes, often stemming from conflicts between foreign investors and the government as a result of a weak investment regulatory framework. This article aims to explore how international investment disputes can serve as an opportunity for legal reforms on FDI. The Doctrinal methodology is used to study pieces of legislation, international instruments, arbitration case decisions, Journal articles, books and electronic sources. Despite progress, Tanzania's legal framework shows weaknesses such as poor enforcement mechanisms, bureaucratic stamps, and ambiguity in legal provisions. These issues are bottlenecks to effective dispute resolution and investor confidence. To enhance the investment climate, Tanzania should undertake comprehensive legal reforms, balance investor protections with national interests, and actively engage stakeholders. By fostering a transparent and equitable legal environment, Tanzania can attract responsible foreign investment and promote sustainable economic growth.

Prosecution of Wildlife Crimes in Tanzania: Assessing Legal Challenges

James J. Mhanusi — 2026-07-29

This article assesses the legal challenges associated with prosecuting wildlife crimes in Tanzania. Despite Tanzania’s comprehensive statutory framework for wildlife protection and conservation, prosecutorial outcomes remain weak, thereby undermining deterrence and conservation objectives. The article argues that there is institutional fragmentation, evidentiary mismanagement, procedural burdens, particularly the application of the Economic and Organised Crime Control Act [Cap. 200, R.E.2023] and the lack of prosecutorial and judicial specialization erode the certainty and swiftness of sanctions. These systemic deficiencies result in delayed trials, inconsistent sentencing, and frequent dismissal of cases, thereby neutralising the severity of statutory penalties. Using a doctrinal methodology, the article recommends early prosecutorial engagement, procedural recalibration away from the Act for wildlife offences, institutional consolidation or clearer harmonisation of powers, and the establishment of specialised prosecutorial or court divisions. Implementing these reforms would align Tanzania’s wildlife crime enforcement regime with deterrence imperatives, enhance the effectiveness and legitimacy of wildlife offence prosecutions, and strengthen public confidence in national conservation governance. By drawing on practical experience and context-specific reform pathways, this article contributes to ongoing efforts to combat wildlife crime and strengthen environmental governance in Tanzania.

Judicial Crossroads on Bona Fide Pre-Action Steps: Assessing High Court Decisions in Tanzania

Frank A. Odongo — 2026-07-29

The bona fide pre-action framework under section 13 of the Civil Procedure Code requires attention to genuine steps taken to resolve a dispute before litigation, yet it does not expressly prescribe a pleading form, exceptions, sanctions, or the legal effect of non-compliance. Recent High Court decisions have therefore moved in different directions: some treat the requirement as a mandatory gateway whose breach justifies striking out, others treat it as a facilitative norm, and a third group asks whether the conduct of the parties discloses a sincere and genuine attempt judged contextually. This article addresses that uncertainty through doctrinal analysis of the statutory text, recent case law, Tanzanian ADR literature, and lessons from England and Australia. It argues that the pre-action requirement should be enforced as a real pre-action discipline, but not as an automatic jurisdictional bar. The article proposes proportionate pre-action protocol rules requiring pleading or disclosure of bona fide steps, recognising practical forms of compliance, providing exceptions for urgency and futility, and prescribing graduated sanctions such as amendment, stay, costs and, in exceptional cases, striking out.