Tanzania’s bail laws have been brought into line with the country’s constitution, following an application by a member of the legal profession. But in the aftermath of the decision there’s confusion and concern, mostly related to the appeal noted by the government the day after judgment was delivered this week. The high court judgment by three judges deals with the problem that the law makes certain offences ‘unbailable’. How does this square with judicial discretion, the petitioner asked.
The litigant who put his finger on the bail issue and brought it to court was a Tanzanian advocate, Dickson Sanga. His complaint was that the Criminal Procedure Act’s provisions relating to a growing list of offences as ‘non-bailable’, infringed the constitution.