Review of Case Management System in the High Court of Tanzania: Criminal Justice Perspective

Abstract

The article reviews the criminal justice case management system in the High Court of Tanzania, focusing on scrutinization, scheduling, and control at various stages of criminal case processing. It highlights significant gaps in the system, notably in the initial scrutinization of cases at admission, leading to the progression of flawed cases. The article points out that, with the exception of economic cases, the law’s failure to schedule events and control mechanisms results in inefficiencies and delay. In the plea-taking and preliminary hearing step, the law’s effectiveness is undermined by the parties’ reluctance to cooperate and the scheduling of time being provided only for economic cases. The trial phase suffers from a lack of clear legal directives on commencement timing. Furthermore, the article points out inadequacies in scrutinization and scheduling during the hearing of appeals, revisions and other applications. It also points out that the control element is, during that step, restricted by case law. While implying scrutinization duties and setting a 90-day rule for judgments, the judgment step lacks robust enforcement mechanisms. The article finds that significant systemic gaps persist despite some case management system elements, especially in non-economic and non-appellate cases, leading to delays in criminal justice dispensation. Finally, the article recommends some reforms to address the shortcomings identified in the applied criminal justice case management system.