CRITICAL ANALYSIS OF THE EFFECTIVENESS OF THE LEGAL PROCEDURES GOVERNING PROCEEDINGS AGAINST THE GOVERNMENT: LAW AND PRACTICE IN TANZANIA
Proceedings against the Government occupy a distinctive position in Tanzania’s legal system because a person seeking to enforce a claim against the State is required to comply with procedural requirements that do not ordinarily apply in the same manner to private litigants. This article critically examines the effectiveness of these procedures, with particular attention to the requirement of giving notice before instituting civil proceedings against the Government under the Government Proceedings Act, Cap. 5 R.E. 2023. The article considers whether the existing procedural framework strikes a proper balance between the protection of governmental interests and the right of an individual to seek judicial redress. It further examines the manner in which courts have interpreted procedural requirements and the extent to which strict compliance may affect the determination of disputes on their merits. The article argues that although procedural requirements may serve legitimate administrative purposes, their strict application may, in particular circumstances, create barriers to access to justice where claims are defeated on procedural grounds without consideration of their substantive merits. The article therefore examines the relationship between the Government Proceedings Act and constitutional principles, particularly equality before the law and the requirement that courts administer justice without undue regard to technicalities. It concludes by proposing reforms aimed at reducing unnecessary procedural barriers while preserving legitimate governmental interests in the orderly administration of public affairs.
KEYWORDS: Government Proceedings, Access to Justice, Procedural Requirements, Ninety-Day Notice, Government Proceedings Act, Tanzania, Substantive Justice.
