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

The book discusses the results of a study designed to show that the taking of a legal initiative in the form of the adoption of circumstantial evidence approaches, particularly in corruption cases in Tanzania, will advance the deterrence effect of legal anticorruption measures, particularly with a view to increasing the success with which prosecuted corruption cases are brought to the courts of law for judicial dispensation.

The role of circumstantial evidence is not an isolated alternative in a myriad or plethora of issues in the prevention and combating of corruption in any society. The narrow focus and choice of the utility of circumstantial evidence preferred in this book is built on such other existing initiatives against corruption as preventive measures, the capacity building and operational independence of the anticorruption institutions and strategies, the role of the media and civil society, the oversight role played by the legislature, giving voice to the voiceless, political will, ethics infrastructure, whistle-blowers’ protection, risk management, and community education. Just as crime has symbolic meaning, so does the punishment. It is contended that if circumstantial evidence is properly understood, applied, and utilised by law enforcement agencies¹ and the judiciary, the results would immensely improve the quality of cases filed and the effectiveness of the legal system in contributing to the fight against corruption.

It is self-evident from both experience and practice that curbing corruption in any particular and meaningful setting should require both deterrent and preventive measures, and that no one measure should be sacrificed or overemphasised at the expense of the other.

Our findings partly make it apparent that corruption engenders wrong choices and distorts economic and social development nowhere with greater damage than in developing countries.² If corruption is left unabated, it will grow and become institutionalised, engendering a culture of illegality that in turn breeds inefficiency in public institutions and causes the economy to be destroyed, social values weakened, and the foundation of a nation shaken.