The Principle of Open Court in Tanzania.

The Principle of Open Court in Tanzania under Section 186 of the Criminal Procedure Act.

In any democratic legal system, transparency and public accountability in the administration of justice are crucial. In Tanzania, this principle is reflected under Section 186 of the Criminal Procedure Act [Cap. 20 R.E. 2022], which governs the openness of court proceedings during criminal trials.

1. General Rule – Courts Must Be Open to the Public

Section 186(1) clearly establishes that, unless a specific law provides otherwise, all criminal proceedings in Tanzania must be conducted in open court. This means members of the public are generally allowed to attend and observe court sessions. The rationale behind this provision is to promote transparency, fairness, and public confidence in the judicial process.

However, the law recognizes that there are circumstances where public access may not be appropriate. The presiding judge or magistrate has the discretion to restrict public access in cases where publicity may be prejudicial. These include:

• Interlocutory proceedings (pre-trial matters);

• Situations where publicity would harm the interests of:

• Justice,

• National defence,

• Public safety or order,

• Public morality,

• The welfare of minors (under 18),

• Or the private lives of those involved in the case.

In such instances, the court may exclude the public entirely or partially to ensure the integrity of the proceedings and protect the rights of vulnerable individuals.

2. Sitting on Sundays and Public Holidays

Section 186(2) provides that a court may sit and conduct proceedings on a Sunday or public holiday if failing to do so would result in unreasonable delay, expense, or inconvenience. Importantly, any decision made by the court on such days is considered valid and lawful, as long as the court has deemed it necessary under the circumstances.

3. Special Protection in Sexual Offence Cases

One of the most significant developments under Section 186 is found in subsection (3), which mandates that all trials involving sexual offences must be held in camera. This means such cases are heard in private, excluding the general public and media. The purpose of this protection is to shield victims and witnesses from trauma, stigma, and unwanted exposure.

Additionally, it is an offence for newspapers or other media platforms to publish the evidence or identities of those involved in sexual offence trials. An exception is granted only to publications intended for legal or medical professionals, or law reports used for scholarly and legal reference.

Conclusion

Section 186 balances the need for open justice with the necessity of protecting sensitive information, vulnerable individuals, and public interest. While the general rule is that courts must be open to the public, the law provides important exceptions that allow proceedings to be held privately in specific circumstances. These provisions are crucial in ensuring both transparency and protection within the Tanzanian criminal justice system.