The Law on Compelling Attendance of Witnesses in Tanzania.

The Law on Compelling Attendance of Witnesses in Tanzania.

The presence of witnesses in any criminal proceeding is vital to ensure fair and just proceedings. Sometimes, individuals who possess key evidence or knowledge related to a case may be unwilling or reluctant to appear in court. To address this, the law provides several mechanisms to compel the attendance of such witnesses, ensuring that justice is neither delayed nor denied due to the absence of essential testimony.

1. Summoning a Witness (Section 142).

When it is shown that someone holds material evidence or has documents relevant to a case, the court has the authority to issue a summons requiring that person to attend court. The summons may also demand that the person bring specific documents or writings in their possession. However, this section operates alongside Section 132 of the Evidence Act, which governs the production of evidence more broadly.

2. Warrant for Witness Who Disobeys a Summons (Section 143).

If a witness fails to appear after being duly summoned, and no sufficient excuse is provided, the court may issue a warrant of arrest. This can only happen after proof that the summons was properly served in good time. The warrant directs law enforcement to bring the witness before the court at a specified time and place.

3. Warrant for First-Time Witnesses (Section 144).

In some cases, even before a summons is issued, the court may be convinced—through evidence given under oath—that a person will not attend voluntarily. In such situations, the court is empowered to issue a warrant of arrest immediately to ensure the witness is brought to court without delay.

4. Dealing with Arrested Witnesses (Section 145).

If a witness is arrested, the court may allow their release provided they give a recognizance—a legal promise with or without sureties—to appear on the hearing date. If they fail to provide such security, the court can order their detention until they are needed in court.

5. Calling a Prisoner as a Witness (Section 146).

Courts may also need to hear testimony from someone who is already serving a sentence in prison. In such cases, the court can issue an order to the officer in charge of the prison requiring the prisoner to be brought to court for examination. The prison authorities must ensure the prisoner's safety and return them to custody after the proceedings.

6. Penalties for Failing to Attend as a Witness (Section 147).

A person who fails to obey a summons without lawful excuse, leaves court without permission, or fails to return after an adjournment may be fined up to five hundred shillings. The court may recover this fine through the attachment and sale of the person’s movable property. If the fine cannot be recovered, the person can be imprisoned for up to fifteen days as a civil prisoner unless the fine is paid earlier. The High Court also holds discretionary power to reduce or waive the fine if good cause is shown.