Reforming the Law of Evidence of Tanzania I
These seminars will continue the project of law reform in Tanzania that began during the 2011-2012 academic year, and that continued in 2012-2013. Professor Allen has been retained as the chief consultant on law reform by the Government of Tanzania, and its Parliament has funded a project to propose a complete reform of the country's law of evidence. This past year focused on the political economy of Tanzania and the limitations of the present law of evidence in Tanzania. Tanzania has an evidence code, the 1967 Tanzania Evidence Act, that is 90% word for word the 1872 Indian Evidence Act. Rather obviously, the 1872 Indian Evidence Act was not drafted in light of modern knowledge about law and evidence, nor to be responsive to the needs of Tanzanians. This past year has focused on such matters, with the seminar participants drafting a proposed replacement act to act as a catalyst for the conceptual change needed to modernize the law of Tanzania. The two seminars in 2013-14 will build on this foundation to extend the work done this year and in addition focus on the case for reform that goes beyond the law of evidence itself to the political economy of the legal system. Among the projects we will undertake is to do careful comparative analysis both of the law of evidence of Tanzania and various countries and also the operation of the legal system itself. We will search for reliable data that accurately describe legal systems and try to obtain such data about Tanzania, such as relative cost, delay, efficiency, and accuracy. Projects that participants can do will range from improvements in this past year's work product to archival or empirical research on Tanzania. The past two years, I have taken those members of the Seminar (the "research and drafting team") who wished to go to Tanzania to meet with the Parliamentary committee that is charged with this task and to do research of various kinds. Both years, the School of Law has provided a generous subsidy to the students who wished to go, and I will ask for assistance for the next academic year as well. I cannot guarantee that School will have funds to provide such assistance, but I believe the Administration is enthusiastic about this project. Evidence is a co or a prerequisite for this class. Participation in the second semester seminar is limited to those who participate in the first semester seminar.
Catalog Number: CONPUB 717