Corruption in Tanzania: The Case for Circumstantial Evidence By Edward Hoseah

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

Chapter 1:

Corruption and Circumstantial Evidence

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It is important to focus on this tool because both deterrent and preventive measures are important and complement each other in thwarting the viral and corrosive effects of corruption on our society.

Several studies have been conducted on the theme of corruption in Tanzania. Nonetheless, there is no study at all that associates corruption and circumstantial evidence, advocating for the use of the latter.

It is against this background that the study seeks to examine the law of evidence and to bring to the fore the notion of circumstantial evidence and its application in corruption cases that are stuck in the law enforcement agencies—all because of the traditional common-law approach of distinguishing between ‘direct’ and ‘circumstantial’ evidence—so that they can reach court precincts.

1.4.2. Hypothesis

The study whose findings are reported in this book is guided by the following hypotheses:

The Tanzanian government has not effectively sharpened the tools for the investigation and prosecution of corruption cases because the existing legal framework (legislative and interpretative) for the detection and prosecution of corruption cases is weak and inadequate, and is further weakened by the existing law. The traditional approach of common law to distinguish ‘direct’ and ‘circumstantial’ evidence has undermined the effectiveness of the law enforcement machinery to deal with corrupt elements in the society.

The emerging approach of the case for circumstantial evidence is geared towards serving and curing the existing weakness of prosecuting corruption cases in court on the basis of the ‘direct evidence paradigm’.

The seemingly traditional approach of distinguishing between ‘direct’ and ‘circumstantial’ evidence has contributed to the weakness of the current legal framework for combating corruption.