Critical examination of conducting preliminary hearing in Tanzania’s criminal justice system
Preliminary hearings constitute a foundational element of Tanzania’s criminal justice system, codified under sections 198 of the Criminal Procedure Act. Their purpose is to streamline adjudication by clarifying undisputed facts, identifying contentious issues, and narrowing the evidential burden at trial. Functionally, they serve to enhance judicial efficiency, safeguard the rights of the accused under Article 13(6)(a) of the Constitution, and align domestic practice with international fair trial standards under Article 14 of the ICCPR and Article 7 of the African Charter on Human and Peoples’ Rights. Despite this statutory recognition, the practice of preliminary hearings faces significant challenges. Legal practitioners often reduce hearings to perfunctory exercises, judicial oversight is limited, and unrepresented accused persons frequently lack the capacity to engage effectively. Systemic constraints including inadequate resources, insufficient training of magistrates and prosecutors, and poor infrastructure for documentation further compromise the hearings’ efficacy. These weaknesses contribute to persistent case backlogs, delays, and, in some cases, miscarriages of justice. Comparative experiences, such as Kenya’s pre-trial conferences under the Criminal Procedure Code and regional jurisprudence like Uganda v. Paul Semwogerere and Others, underscore the potential of structured pre-trial procedures to improve efficiency and safeguard fair trial rights. Tanzanian preliminary hearings, however, suffer from gaps in statutory guidance, inconsistent judicial application, and weak enforcement mechanisms, limiting their practical impact. To realize their intended purpose, reforms are necessary: strengthening statutory compliance mechanisms, instituting sanctions for non-compliance, expanding legal aid for unrepresented accused persons, and implementing judicial monitoring frameworks to standardize practice.
Keywords: Preliminary hearing, criminal justice system, Tanzania, fair trial rights, Criminal Procedure Act, judicial efficiency, procedural safeguards, access to justice.
