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| Title: | The right to legal assistance in the criminal process: the case of Tanzania mainland |
| Author: | Saffari, Abdallah J. |
| Year: | 1993 |
| Periodical: | Lesotho Law Journal: A Journal of Law and Development |
| Volume: | 9 |
| Issue: | 1 |
| Pages: | 45-64 |
| Language: | English |
| Geographic term: | Tanzania |
| Subjects: | criminal procedure legal aid |
| Abstract: | Legal assistance in different stages of the criminal process is acknowledged to be a basic human right in the machinery of fair trial. A global survey indicates, however, that the majority of accused persons, especially the indigent, go without such assistance. The author examines the rationale behind legal assistance, its provision and effectiveness in theory and practice. In the case of Tanzania, although the constitution is not explicit on the right to legal assistance in either civil or criminal process, it appears that the right may be inferred from the construction of article 13(b)(b), which provides for a fair hearing by the courts in all criminal cases. Furthermore, the right to defence by counsel is expressly provided for by section 310 of the Criminal Procedure Act no. 9 of 1985. However, the present orthodox institution of advocacy cannot meet the demands of representation by those who need legal assistance in the criminal process. There is a scarcity of advocates, and they are unevenly distributed across the various parts of the country. The problem is exacerbated by poverty and ignorance, and the attitude of the law enforcing organs, especially the police, the bar and the courts. Remedial alternatives lie, amongst others, in the provision of legal assistance by paralegal personnel such as lay advocates. Notes, ref. |