Viability of ward tribunals in dispensation of criminal justice in mainland Tanzania: A survey of Bukoba District in Kagera Region
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Date
2016
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Publisher
Mzumbe University
Abstract
In any society or community disputes are unavoidable due to the reason that people do strive to acquire properties and wealth. Like any other country, Tanzania is not an exception and as population increases so are the number of disputes. The increase in the number of disputes as a result of the growth of population resulted to back log of cases in ordinary courts of law and therefore, the introduction of Ward Tribunals which are manned by personnel with no legal knowledge. The establishment of Ward Tribunals was perceived as a solution to the problem of backlog of cases in ordinary courts. This research addresses the viability of Ward Tribunals in dispensation criminal justice which is a function of the ordinary courts, to see whether these Tribunals have helped to solve the problem of backlog of criminal cases in ordinary courts. The study used survey design and selected Bukoba District as a study area. Data Collection was done through questionnaires, observation and interviews. The study also used Secondary data, like law reports, text books and journals. Furthermore, a sample of sixty five respondents, who are members of Ward Tribunals, ordinary citizens, magistrates and lawyers. The study at the end came up with findings that Ward Tribunals are not viable to dispense criminal justice due to the fact that they are staffed with laypersons in the field of law and that, Ward Tribunals in dispensing criminal justice are exercising a function already being performed by the Primary Court. The study finally recommends to the government to amend the Ward Tribunal Act to remove completely the Ward Tribunals criminal jurisdiction in dispensing criminal
justice
Description
A dissertation submitted in partial fulfillment of the requirements for award of the Degree of Master of Laws (LL.M) in Constitutional and Administrative Law of Mzumbe University
Keywords
criminal justice, criminal cases, Ward Tribunals, dispensation of criminal justice
Citation
Chicago