Corruption in Tanzania: The Case for Circumstantial Evidence By ...

The number of cases reported to the PCCB per year has multiplied from 261 in 1995 to 3,424 by May 2007, which is a thirteenfold increase over the period. The efficiencies recorded are attributed to the expansion of the bureau into the regions and districts, as well as to the increased community awareness on the evils of corruption. The past five years have seen the PCCB receiving increased funding from the government, UNDP, the European Union (EU), and United States Agency for International Development (USAID) under the Millennium Challenge Account (MCA) for capacity building in community education, administration, and investigation components.

Until 2002 all cases that were reported to the bureau were investigated. However, this efficiency has been falling ever since, largely due to the magnitude and complexity of the recent cases that involve large amounts of money and high ranking officials, and since tracing the paper trail involves a lot of background checks, accounts tracking, international cooperation, mutual legal assistance, and extradition matters in relation to corruption offences that have been included in the Prevention and Combating of Corruption Act (PCCA). However, when dealing with these matters, the PCCB has to consult the Attorney General or Interpol, or both, through the Inspector General of Police—with the exception of Tanzanian embassies abroad to process such requests to obtain evidence beyond the country’s borders.

The continued decrease of investigated cases is, most importantly, attributed largely to the nonuse of circumstantial evidence. For example, table 2 shows that in 2004 half of the cases (52 percent) were investigated, whereas only 18 percent of the cases received up to May 2007 have been actioned.

The number of cases whose investigation was completed is below two-thirds per year during this period. It takes a long time to conclude these investigations given the complexity and secrecy of the perpetration involved. From 2003 until May 2007, the percentage has fallen from 24 to 23 percent. This is a criterion on which to judge the bureau’s performance and needs to be addressed seriously through the use of circumstantial evidence to contain the scourge. This is why the current study focuses on the use of circumstantial evidence to increase the number and quality of corruption cases that reach the courts of law.