Adherence to Standard Procedures for Search and Seizing of Electronic Evidence in Tanzania
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Mzumbe University
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A Dissertation submitted in Partial/Fulfilment of the Requirements for Award
of the Degree of Master of Business Administration (MBA) of Mzumbe
University.
There has been various development on Tanzania’s legal framework to allow the admissibility of electronic evidence in Tanzania courts. However, search and seizure of electronic evidence was not addressed adequately instead the legal framework mainly addressed the issue of admissibility of it in criminal and civil proceedings. The investigative organs lack procedures on how to conduct search or seizure of e-evidence, there is no uniformity on how to attend e-evidence, and each investigative organ has its internal standards on search and seizure of e-evidence. The purpose of this study was to explore how investigative organs in Tanzania performs search and seizures of electronic where there are no well-established and documented standards and procedures. The study also explored challenges that may arise from inconsistencies during investigation that may affect admissibility of e-evidence. The comparative study research design was applied where by a comparison of procedures for search and seizure of electronic evidence between Tanzania and the U.K was made. Primary and secondary data were employed to provide a clear picture of how proper procedures for search and seizure of electronic evidence affects the admissibility of it during court proceedings. Primary data were collected through the use of questionnaires and document reviews while secondary data were collected from investigation and prosecution reports. This study came out with findings one being the current legal framework does not adequately cover the issue of search and seizure of e-evidence. Secondly, it was found that lack of standard procedures to adhere may lead to a higher risk of electronic evidence to be rejected in court for lack of authenticity. Furthermore, there was a gap of knowledge on the topic of search and seizure of electronic evidence among investigators, judges, magistrates, prosecutors and members of the bench. Lastly, the study found out that lack of standard procedures for search and seizure of e-evidence and a gap of knowledge may lead the judiciary to have various conflicting decisions.
There has been various development on Tanzania’s legal framework to allow the admissibility of electronic evidence in Tanzania courts. However, search and seizure of electronic evidence was not addressed adequately instead the legal framework mainly addressed the issue of admissibility of it in criminal and civil proceedings. The investigative organs lack procedures on how to conduct search or seizure of e-evidence, there is no uniformity on how to attend e-evidence, and each investigative organ has its internal standards on search and seizure of e-evidence. The purpose of this study was to explore how investigative organs in Tanzania performs search and seizures of electronic where there are no well-established and documented standards and procedures. The study also explored challenges that may arise from inconsistencies during investigation that may affect admissibility of e-evidence. The comparative study research design was applied where by a comparison of procedures for search and seizure of electronic evidence between Tanzania and the U.K was made. Primary and secondary data were employed to provide a clear picture of how proper procedures for search and seizure of electronic evidence affects the admissibility of it during court proceedings. Primary data were collected through the use of questionnaires and document reviews while secondary data were collected from investigation and prosecution reports. This study came out with findings one being the current legal framework does not adequately cover the issue of search and seizure of e-evidence. Secondly, it was found that lack of standard procedures to adhere may lead to a higher risk of electronic evidence to be rejected in court for lack of authenticity. Furthermore, there was a gap of knowledge on the topic of search and seizure of electronic evidence among investigators, judges, magistrates, prosecutors and members of the bench. Lastly, the study found out that lack of standard procedures for search and seizure of e-evidence and a gap of knowledge may lead the judiciary to have various conflicting decisions.
Keywords
Legal framework, Electronic evidence in Tanzania courts