The collaboration of investigative authorities in Tanzania – current issues

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Cover of Volume: KAS African Law Study Library Volume 3 (2016), Edition 3
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KAS African Law Study Library

Volume 3 (2016), Edition 3


Authors:
Publisher
Nomos, Baden-Baden
Copyright year
2016
ISSN-Online
2363-6262
ISSN-Print
2363-6262

Chapter information


Open Access Full access

Volume 3 (2016), Edition 3

The collaboration of investigative authorities in Tanzania – current issues


Authors:
ISSN-Print
2363-6262
ISSN-Online
2363-6262


Preview:

This paper discusses the collaboration of investigative authorities in Tanzania. The authority to investigate is primarily vested on the Tanzania Police Force. Apart from the police, there other public authorities with powers to investigate specific offences related to their occupations. However, this paper examines the collaboration of police investigator and public prosecutor. The police by carrying out the investigative duty assist the prosecutor and the court to dispense justice. The police thus have a duty to collaborate with the prosecutor during the investigation process. However such collaboration is limited to advisory and supervisory role. In Tanzania, the role of Prosecutors in investigation is limited to advisory and supervisory mainly to guide the police investigation to certain direction. Inevitably, the collaboration between the two authorities has experienced some conflicting reactions and tendencies which hamper their smooth working relations. Such is experienced in instances where the police after undergoing thorough investigation process they develop a feeling of exclusiveness and feel that the entire investigation domain is their responsibility. As a result any advice or instruction from prosecutors is taken as unnecessary and interference and resistance is shown when told to bring more substantial evidence, amend or improve evidence collected. On the other hand, prosecutors with the academic background they have on human rights, rule of law and due process, develop a more legalistic approach in handling police files. Other things that hampers the working relations between the two authorises include; conflicting views over case disposition, lack of shared common goals and objectivity. Such conflicts are being considered as evidence for a proper functioning of the checks and balance mechanism of the criminal justice system. To prompt a smooth working relationship between the two, this paper recommends that the police should welcome the checks from prosecutors and the prosecutor’s advice to police investigator should always be accompanied with clear and reasonable explanations. Both sides should understand and respect each other’s responsibility in criminal procedure. Joint working plans should be developed to promote practical cooperation and build synergy between the two. Further this paper recommends regular meetings that will lead to smooth coordination and simplified investigations. Workshops and seminars should be used to exchange views on areas of contention in order to forge closer working relationship. Both authorities have the core responsibilities of combating crime thus enhanced collaboration is critical.

Bibliography


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