76 8.2.18 Offences Against Public Tranquility, Public Safety and State Security Are offences against society’s ethics such as drug abuse, bhang, khat, corruption, smuggling. It includes possession of illicit local liquor and drugs, Government trophies, unlawful possession of fire arms or ammunitions and illegal immigrants.
8.2.19 Financial Offences Are offence related to forgery, counterfeiting of bank notes, theft in bank, theft in parastatal organisations, Central Government, local government and political parties
8.2.20 Investigation Is an inquiry into unfamiliar or questionable activities thoroughly and systematically. It is the process of trying to find out details or facts about something in order to discover who or what caused it or how it happened.
8.2.21 Investigator
Refers to a police officer or any other person who has an authority from any Institution
and accepted by the law to conduct the investigation of all criminal offenses and not
civil offenses in order to discover the truth.
a) Criminal Investigations: Is an applied science that involves the study of facts
used to identify, locate and prove the guilt of an accused person.
b) Under Investigation: Simply means the state of being investigated and the
result of the matter investigated not yet completed.
8.2.22 Accused Person
Is the one charged with an offense the defendant in criminal case.
8.2.23 Closed Cases
Are cases which are after police investigation, it is revealed that there is no evidence
to prove it. The case is closed by the officer in charge of that police station.
8.2.24 Suspected Person
Any person who is alleged to commit a crime.
8.2.25 Arrested
The detainment or restraint of a person or a thing for the purposes of determining legal
rights as regard a thing, or suspicion of criminal activity as regard a person. An arrest
is the act of apprehending and taking a person into custody (legal protection or
control), usually because the person has been suspected of or observed committing a
crime.
77 8.3 Statement Is an explanation given by either witness, accused, suspect, or complainant the explanation will either testify, or reject or support the fact in issue before either Police officer, Magistrate, probation officer or any other person with an authority to determine the matter brought before him/her and whether the matter is civil or criminal.
8.4 Refugee Is a person who runs out of his/her country for fear or persecution due to ethnic crashes, political issues, religious conflicts, and that fear endanger his/her life and cause to seek asylum in another country.
8.5 Offences Committed by Refugees Are those acts or omission forbidden by law for the refugee in camps.
8.6 Cyber Crimes This refers to any illegal activity that involves electronic devices, such as mobile phone and computer in the completion of offences. Some of offences are include cyber bullying, publication of false information, racist and xenophobic material, illegal device, illegal interception etc.
8.7
Terrorism
It is an act of violence committed by a person or group of persons that they consider themselves
to be victimized by some notable wrong historically, this action could seriously damage the
country, organization or individual to lead to significantly stabilize or destroy the fundamental
political, economic or structure of the country or international organization or attacks on a
person's life which may cause death or injury.
8.8
Juvenile
Means a person under the age of sixteen years.
8.8.1 Juvenile Offences Juvenile Offences, is participation in illegal behavior by minors’ people under 16.
8.8.2 Juvenile court Is a specialized legal system that handles cases involving minors who are accused of committing offenses, focusing on rehabilitation rather than punishment.
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8.9
Transnational Organized Crime (TOC)
This is organized crime coordinated across national borders, involving groups or markets of
individuals working in more than one country to plan and execute illegal business ventures. In
order to achieve their goals, these criminal groups use systematic violence and corruption.
Common transnational organized crimes include conveying drugs, conveying arms, trafficking
for sex, and poaching.
8.10 Trafficking of Persons Is a recruitment, transportation, transfer, harboring or receipt of persons, through the threat or use of force, coercion, abduction, fraud, deception, or benefits to a person in control of the victim for the purpose of exploitation, sexual exploitation, forced labour, slavery or similar practices or removal of organs.
8.11 Terrorism It is an act of violence committed by a person or group of persons that they consider themselves to be victimized by some notable wrong historically, this action could seriously damage the country, organization or individual to lead to significantly stabilize or destroy the fundamental political, economic or structure of the country or international organization or attacks on a person's life which may cause death or injury. Purpose of such act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or abstain from doing any act.
8.12 Handling of Cases The Handling of cases in general involves receiving of reported cases, investigation of the cases and taking authorized cases to court.
8.13 Money Laundering Means engagement of a person or persons, direct or indirectly in conversion, transfer, concealment, disguising, use or acquisition of money or property known to be of illicit origin and in which such engagement intends to avoid the legal consequence of such action and includes offences.
8.14 Financial Transaction Fraud Refers to the illegal or unauthorized activity involving the manipulation or misrepresentation of financial transactions, often with the intent to steal money or assets from individuals, organizations, or institutions. It involves scam by using mobile networks, transferring money from banks or withdrawing money using ATMs.
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8.15 The Judiciary of Tanzania
The Judiciary of Tanzania is one of the three pillars of a democratic state. This pillar is charged
with the function of administration of justice with equity and compassion according to the laws
of the land in the state as provided for under Article 4 (2), 107A (1) and 107B of the
Constitution of the United Republic of Tanzania. Article 107A of the Constitution of the United
Republic of Tanzania of 1977 states that; The Judiciary shall be the authority with final decision
in dispensation of justice in the United Republic of Tanzania. Article 107B of the constitution
further states that “In exercising the powers of dispensing justice, all courts shall have freedom
and shall be required only to observe the provisions of the Constitution and those of the laws
of the land’’ The vision of the Judiciary, the final impact of all collective efforts is to realize:
‘Timely and accessible Justice for all”. The mission is to administer Justice for all through
timely provision of quality, fair, transparent and impartial decisions.
8.16 Judicial Hierarchy in Tanzania
There are five (5) levels of courts constituting the Judiciary of Tanzania. On top of the
hierarchy, there is Court of Appeal of Tanzania; followed by the High Court of Tanzania the
Resident Magistrates Court; the District Court and finally the Primary Court. Each of these
courts have its own territorial and pecuniary jurisdiction. The Chief Justice has power to
establish courts in different areas of the country wherever need arises
8.16.1 The Court of Appeal of Tanzania
The Court of Appeal of Tanzania was established by Article 117(1) of the Constitution
of the United Republic of Tanzania and Act No.15/1979 known as the Appellate
Jurisdiction Act. Currently, this court is the final appellate court system under Judiciary
of Tanzania.
8.16.2 The High Court of Tanzania
The High Court of Tanzania ranks second in hierarchy. The High Court was first
established by Article 17 (1) of the Tanganyika Order-in-Council, 1920, the High Court
now derives its establishment from Article 108 (1) of the 1977 Union Constitution as
the High Court of The United Republic of Tanzania
The High Court of Tanzania had embarked upon reforms so as to speed up disposal of
cases. One of these transformations is the introduction of specialized divisions of the
High Court commonly known as Divisions of the High Court. These specialized
divisions are Commercial, Labour and Land Divisions of the High Court of Tanzania.
8.16.3 Commercial Division
This was established under Rule 5A of the High Court Registries Rules 1985 as
amended by GN. No.141 of 1999 (High Court Registries Rules of 1985 have been
replaced by GN. No.96/2005). The objective is to adjudicate on commercial disputes
80 efficiently, effectively and timely, in order to provide a positive climate for investment and economic development.
8.16.4 Labour Division
The Labour Division was established by Rule 5E of the High Court Registries Rules
1985 as amended by GN No.63 of 2001) of the High Court of Tanzania. The objective
is to adjudicate on labour and employment disputes between employees and employers
within the pecuniary jurisdiction of the High Court efficiently, effectively and timely,
in order to enhance and protect industrial harmony.
8.16.5 Land Division
The Land Division was also established by Rule 5E of the High Court Registries Rules
1985 as amended by GN No.63 of 2001 with the objective to adjudicate land disputes
by hearing and deciding cases without undue delays.
8.16.6 High Court Registries
Apart from those divisions of the High Court which have their own registries, there is
the Main registry of the High Court and other District Registries in some of the Districst
in Tanzania and sometimes called zones of the High Court.
8.16.7 The Resident Magistrates Courts
Resident Magistrate’s Courts are established by Section 5 of the Magistrate’s Courts
Act Cap 11with the objective of adjudicating on civil and criminal matters subject to
the provisions of any law for the time being in force over an administrative region
comprising of several districts.
8.16.8 The District Courts
The District Courts are established by Section 4 of the Magistrates Court Act, Cap 11.
Their objective is to adjudicate on civil and criminal matters subject to the provisions
of any law for the time being in force within the district in which it is established
8.16.9 Primary Courts
This is the lowest level according to courts hierarchy, established by Section 3 of The
Magistrates Court Act, Cap 11. It is a court which exercises jurisdiction within the
whole district in which it is established and therefore may, for purpose of improving
equitable access to justice, be held at any place within the local limits of its territorial
jurisdiction. In this regard the Judiciary of Tanzania among other things has
responsibilities of monitoring the performance of court system in delivering justice
81 through, collecting, analyzing, interpreting and reporting on various case statistics. The following are various terms used in regard to case statistics: -
8.16.9.1 Filed Cases
Refers to number of cases registered in court.
8.16.9.2 Pending cases
Refers to number of outstanding cases in court.
8.16.9.3 Case load
Refers to total number of outstanding cases including number of cases filed during the
period under consideration.
8.16.9.4 Disposed/Decided Cases
Refers to number of finalized cases.
8.16.9.5 Case Backlog Refers to number of cases which has been outstanding (pending) in court for more than two years.
8.16.9.6 Clearance rate
This is the percentage of the number of decided cases over number of filed cases in a
particular period of time.
8.16.9.7 Disposal rate
This is the percentage of decided cases calculated as the ratio of decided cases and total
number of cases (filed cases plus pending cases) in particular period of time.
8.16.9.8 Civil (proceeding) Case
Refers to legal process initiated in a civil court where one party (plaintiff) files a lawsuit
against another party (the defendant) to resolve a dispute between them, usually seeking
momentary.
8.16.9.9 Criminal Case
Refers to the legal proceeding in which the government prosecutes someone for crime.