Course Details

Refining and Teaching the Evidence Law of Tanzania I

These seminars will continue the project of law reform in Tanzania that began during the 2011-2012 academic year. 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 reform the country┬┐s law of evidence. The 1967 Tanzania Evidence Act is taken almost word for word from the 1872 Indian Evidence Act. 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. Over the past three years, the project has engaged in an intensive examination of the political economy of Tanzania and its social and cultural context, the limitations of the present law of evidence in Tanzania, and the drafting of a code to replace the archaic one in existence. This past year, the seminars, building on the work of the prior years, completed a Proposed Tanzania Evidence Code and presented it to the Tanzania Court of Appeals (the country's Supreme Court) over two days in Mwanza, Tanzania. At the end of the two days, the Court of Appeals decided unanimously to forward the Proposed Code to Parliament with the Court's recommendation of its adoption. The seminars this coming year will have two objectives: First, to work with the stakeholders in Tanzania to revise the Proposed Code as it is considered by Parliament, and second, to travel to Tanzania over spring break to teach the Judiciary and Bar the law of evidence. This will involve careful explanations of the conceptual and practical changes from the 1967 Tanzania Evidence Act to the Proposed Code and will introduce the details of the Proposed Code to the participants. To accomplish these purposes, the first semester seminar will involve bringing the students new to this project up to speed on the prior developments, the conceptual foundations of the law of evidence, and their embodiment in the Proposed Code. The students, working in teams, will begin to develop teaching materials and competencies in preparation for going to Tanzania in the spring literally to spread out across the country, again in teams, to teach the law of evidence. Both the Government of the United Republic of Tanzania and the School of Law are committed to the project and thus virtually all expenses will be covered. If for some good reason a student is not able or willing to participate in the trip to Tanzania, that is acceptable, but you should take these seminars embracing their ultimate goal. And please sign up for the first only if you are committed to taking the second. There is likely to be a conference at the School of Law in November that will focus on these developments, analogous developments in China, where Professor Allen has also been involved in law reform, and work done by Prof. Tom Geraghty on legal education and reform in various third world countries. If the conference materializes, the seminar participants will have active roles in it as well. Evidence is a co or a prerequisite for this class. The class enrollment is limited to 12. Participation in the second semester seminar is limited to those who participate in the first semester seminar, except by permission of the instructor.

Catalog Number: CONPUB 717A

Course History

Fall 2014
Title: Refining and Teaching the Evidence Law of Tanzania I
Faculty: Allen, Ronald J. (courses | profile)
Section: 1     Credits: 3.0
Capacity: 13     Actual: 13