Law of Evidence at Tanzania
The Law of Evidence in Tanzania governs how facts are proved in both civil and criminal cases before courts of law. The primary legislation is the Evidence Act, Cap. 6 [R.E. 2019], which applies to all judicial proceedings in courts within Tanzania (except where specifically excluded, such as in military courts or arbitration).
Key Aspects of the Law of Evidence in Tanzania:
1. Types of Evidence
Oral Evidence – Statements made by witnesses in court.
Documentary Evidence – Written or recorded materials like contracts, letters, emails.
Real Evidence – Physical objects (e.g., weapons, clothing).
Direct and Circumstantial Evidence – Direct links a fact to the case; circumstantial implies the fact by inference.
2. Burden and Standard of Proof
Criminal cases: The prosecution must prove the case beyond reasonable doubt.
Civil cases: The party bringing the claim must prove it on the balance of probabilities.
Burden of proof usually lies on the party who asserts a fact.
3. Relevancy and Admissibility
Only relevant evidence is admissible.
Sections 6 to 55 of the Evidence Act deal with what constitutes relevant facts.
4. Presumptions
The Act recognizes both rebuttable and conclusive presumptions.
For example, a person below 10 years is presumed incapable of committing a crime (rebuttable by proof of maturity).
5. Witnesses
Rules on who may testify and how credibility is assessed.
Competence and compellability of witnesses.
Special provisions for child witnesses and vulnerable groups.
6. Hearsay Rule
Hearsay evidence (a statement not made in court but presented as truth) is generally inadmissible, with exceptions such as dying declarations, res gestae, and admissions/confessions.
7. Electronic Evidence
The law has evolved to include electronic evidence as admissible, especially after the enactment of the Cybercrimes Act and Electronic Transactions Act.
8. Confessions
Must be made voluntarily and recorded in accordance with legal requirements (e.g., in presence of a magistrate or under caution).
9. Exclusion of Illegally Obtained Evidence
Courts may exclude evidence obtained illegally or unfairly, particularly if it prejudices the rights of the accused.
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