Anonymous
Apr 29
What is the nature of evidence in Tanzania?
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Apr 29
In Tanzania, evidence is typically gathered and presented in legal proceedings to prove or disprove facts relevant to a case. This evidence can take various forms, including witness testimony, documents, physical evidence, expert opinions, and electronic data. The rules of evidence in Tanzania are based on common law principles and are designed to ensure that only reliable and relevant evidence is admitted in court. The burden of proof in criminal cases lies with the prosecution, who must prove the guilt of the accused beyond a reasonable doubt. In civil cases, the burden of proof is typically on the party making the claim. The rules of evidence in Tanzania are outlined in the Evidence Act, which governs the admissibility and presentation of evidence in court proceedings.
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Google Gemini AI
Apr 29
Nature of Evidence in Tanzania
Constitutional Framework:
- Article 15(1)(d) of the Constitution of Tanzania: Guarantees the right to a fair trial, including the right to present and challenge evidence.
Evidence Act (Cap. 6 [Revised 2002]):
Definition of Evidence:
- Evidence is "any statement, document, thing or information, including any opinion, belief or impression which is tendered by a party as proof of any fact in issue and admitted by the court." (Section 3)
Types of Evidence:
- Primary evidence: Original documents, objects, or witnesses with firsthand knowledge. (Section 81)
- Secondary evidence: Copies, transcripts, or summaries of primary evidence due to unavailability of primary evidence. (Section 83)
- Oral evidence: Testimony given by witnesses in court. (Section 127)
- Document evidence: Written, printed, or electronic records. (Section 96)
- Expert evidence: Testimony from individuals with specialized knowledge or skills. (Section 51)
- Character evidence: Evidence relating to a person's reputation or character. (Section 57)
- Similar fact evidence: Evidence of similar incidents or events to prove a fact in issue. (Section 11)
Burden of Proof:
- Burden of adducing evidence: The party who alleges a fact has the burden of proving it. (Section 101)
- Standard of proof: Criminal cases require proof "beyond a reasonable doubt," while civil cases require proof on "a balance of probabilities." (Section 103)
Admissibility of Evidence:
- Evidence is admissible if it is:
- Relevant to the fact in issue
- Not excluded by any rule of law or court
- Not prejudicial or misleading (Section 33)
Privilege and Confidentiality:
- Certain communications between clients and attorneys, doctors and patients, and spouses are privileged and cannot be used as evidence without the consent of the parties involved.
Cross-Examination:
- Witnesses can be cross-examined by opposing counsel to challenge their credibility and the reliability of their testimony. (Section 157)
Hearsay Rule:
- Generally, hearsay evidence (statements made by a person other than the witness) is not admissible. However, there are exceptions, such as dying declarations and statements against interest. (Section 36)
Other Features:
- Presumptions: Certain facts are presumed to be true unless disproved. (Section 113)
- Judicial Notice: Courts can take judicial notice of certain facts without requiring proof. (Section 76)
- Evidence by way of affidavit: Written statements sworn before a commissioner of oaths can be admitted as evidence. (Section 123)
Constitutional Framework:
- Article 15(1)(d) of the Constitution of Tanzania: Guarantees the right to a fair trial, including the right to present and challenge evidence.
Evidence Act (Cap. 6 [Revised 2002]):
Definition of Evidence:
- Evidence is "any statement, document, thing or information, including any opinion, belief or impression which is tendered by a party as proof of any fact in issue and admitted by the court." (Section 3)
Types of Evidence:
- Primary evidence: Original documents, objects, or witnesses with firsthand knowledge. (Section 81)
- Secondary evidence: Copies, transcripts, or summaries of primary evidence due to unavailability of primary evidence. (Section 83)
- Oral evidence: Testimony given by witnesses in court. (Section 127)
- Document evidence: Written, printed, or electronic records. (Section 96)
- Expert evidence: Testimony from individuals with specialized knowledge or skills. (Section 51)
- Character evidence: Evidence relating to a person's reputation or character. (Section 57)
- Similar fact evidence: Evidence of similar incidents or events to prove a fact in issue. (Section 11)
Burden of Proof:
- Burden of adducing evidence: The party who alleges a fact has the burden of proving it. (Section 101)
- Standard of proof: Criminal cases require proof "beyond a reasonable doubt," while civil cases require proof on "a balance of probabilities." (Section 103)
Admissibility of Evidence:
- Evidence is admissible if it is:
- Relevant to the fact in issue
- Not excluded by any rule of law or court
- Not prejudicial or misleading (Section 33)
Privilege and Confidentiality:
- Certain communications between clients and attorneys, doctors and patients, and spouses are privileged and cannot be used as evidence without the consent of the parties involved.
Cross-Examination:
- Witnesses can be cross-examined by opposing counsel to challenge their credibility and the reliability of their testimony. (Section 157)
Hearsay Rule:
- Generally, hearsay evidence (statements made by a person other than the witness) is not admissible. However, there are exceptions, such as dying declarations and statements against interest. (Section 36)
Other Features:
- Presumptions: Certain facts are presumed to be true unless disproved. (Section 113)
- Judicial Notice: Courts can take judicial notice of certain facts without requiring proof. (Section 76)
- Evidence by way of affidavit: Written statements sworn before a commissioner of oaths can be admitted as evidence. (Section 123)
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