Tanzania
The High Court of Tanzania has delivered a landmark ruling declaring that legal provisions allowing certain prosecution witnesses to testify in secrecy violate the constitutional guarantees of equal justice. The judgment, delivered on February 16, 2026, found that the current framework disproportionately favors the prosecution while denying equivalent procedural rights to the defense.
The case was filed by prominent advocate Godfrey Basasingohe, challenging Section 194 of the Criminal Procedure Act (CPA). This section permitted 'hidden witnesses' to testify without revealing their identities, a practice argued to infringe upon the rights of the accused to a fair trial.
A three-judge panel ruled that Section 194 falls short of the equality guarantees enshrined under Articles 12(1) and 13(1) of the Constitution of the United Republic of Tanzania. The court emphasized that the provision undermines the balance required for a fair trial by granting undue advantage to the prosecution.
This ruling mandates a reform of the 'hidden witness' law to ensure that both prosecution and defense have equal rights in legal proceedings. It underscores the judiciary's commitment to upholding constitutional rights and ensuring fairness in the criminal justice system.
For more details, refer to the full article on The Citizen: Tanzania High Court Orders Reform of 'Hidden Witness' Law Over Equal Justice Breach.
