Evaluating the Adversarial System in Tanzania Mainland: A Human Rights and Access to Justice Perspective

Résumé

The adversarial system underpins Tanzania's legal framework, particularly in criminal trials as established under Section 209 (2), 66 (a)(ii), 198 of The Criminal Procedure Act. While designed to ensure fairness through party-driven litigation, it often fails to uphold human rights, especially for indigent and uneducated defendants. This study employs a mixed methodological approach, integrating doctrinal legal research with comparative legal analysis, grounded in Cappelletti and Garth's access to justice theoretical framework. This article critically evaluates the adversarial system's impact on the right to a fair trial, access to justice, and protection against self-incrimination in the Tanzania Mainland. Drawing on Tanzanian statutes, case law, and international human rights standards, through systematic examination of primary legal sources and comparative analysis with Germany's inquisitorial system, it identifies challenges such as limited legal representation, judicial delays, and aggressive cross-examination. Proposing a hybrid system integrating adversarial and inquisitorial elements, the article advocates for reforms to enhance judicial oversight, expand legal aid, and relaxed-evidence rules. A comparative analysis with Germany's hybrid model strengthens the case for reform, ensuring Tanzania's justice system aligns with human rights principles and promotes equitable access to justice