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

1.4. Background to the Problem

Corruption cases that are administered and taken to courts of law by the PCCB fail to recognise and internalise the importance of circumstantial evidence, which contains the bulk of the collected evidence during the investigation of allegations received. Such lack of recognition of this important type of evidence makes cases brought before the courts of law too weak to pass the required threshold of prima facie evidence. This diminishes public confidence and expectations regarding the few prosecuted cases.

1.4.1. Statement of the Problem

There is no doubt that corruption is a crosscutting problem in our society that has permeated all segments of society and is a serious cause for concern in addressing problems of poverty and economic, social, and political matters in Tanzania. Through NACSAP, Tanzania gives a very high priority to the rule of law and legal framework.⁵⁴

It is against this policy and background that the case for circumstantial evidence is here explored and examined to find out whether, in the larger picture of the rule of law, corruption can be effectively contained and minimised—albeit up to a degree possible. This book makes a strong case for the use of a ‘circumstantial evidence test’ to fight corruption in Tanzania. The study recognises that fighting corruption requires a multidimensional approach and needs the participation of all stakeholders.

We advocate for the theory of circumstantial evidence to be applied in corruption cases for the purpose of retooling the current practice to ensure that success in corruption cases is registered in courts of law, contrary to the current outcome, as demonstrated in the collected data that reflect the extent of the problem being addressed.

The reexamination of circumstantial evidence in this study is an attempt to employ it, together with existing judicial processes, in order to reverse the endemic trend. The study highlights the importance of a circumstantial evidence test in the judicial process as part of the holistic approach in the fight against corruption.