LEGAL AND INSTITUTIONAL FRAMEWORKS GOVERNING THE USE OF DNA TESTING IN CASES OF IMPREGNATING SCHOOLGIRLS IN TANZANIA
In Tanzania, DNA testing has emerged as a crucial scientific tool in criminal and civil proceedings, especially in cases involving the impregnation of schoolgirls. The legal framework regulating DNA evidence is primarily established under the Human DNA Regulation Act No. 8 of 2009 and the Human DNA (General) Regulations of 2019. These laws provide for the collection, analysis, storage, and admissibility of DNA evidence. However, Tanzania’s legal system, particularly under the Evidence Act [Cap. 6 R.E. 2002], does not confer upon DNA test results the status of substantive or paramount evidence in judicial proceedings. Rather, DNA evidence is treated as expert or corroborative evidence, meaning that while it can support a claim or allegation, it is not sufficient on its own to determine guilt, paternity, or liability. There is no express statutory provision that compels the court to treat DNA results as conclusive proof. As reflected in Tanzanian jurisprudence, courts retain discretion to assess the weight and reliability of DNA findings in the broader context of all presented evidence. Therefore, despite its scientific credibility, DNA testing in Tanzania is not legally recognized as standalone evidence, highlighting the need for legal reform to strengthen its evidentiary authority, particularly in cases affecting vulnerable minors.
Key words: DNA Evidence, DNA Profiling, DNA Sample, Schoolgirls pregnancy and Protection of Right to Privacy
