Topic. An Examination of the Legal,
Procedural, and Practical Challenges of E-Filing and Virtual Hearings in Civil
Courts of Tanzania.
Statement
of the problem
The
Judiciary of Tanzania introduced e-filing and virtual proceedings through the
Judicature and Application of Laws Act (Electronic Filing) Rules[1] to improve the speed and
efficiency of cases, to transform courts fully to digital processes but the
current legal framework has not fully adapted to these digital procedures. The
existing Rules mainly address e-filing and electronic signatures, while
important elements of digital civil procedure such as e-proceedings, e-service,
digital records, and automated case management lack clear legal guidance. This
has led to inconsistent practices among courts and uncertainty for litigants
and advocates.
The
Rules themselves contain contradictions that weaken their operation. For
example, while parties are required to file documents electronically, other
provisions still allow hard-copy filings. Courts are also permitted to keep
both electronic and manual records, which undermines the idea of a single,
reliable digital record and raises doubt about the legal status of electronic
documents.
In
practice, weak internet connectivity, limited ICT equipment, and low digital
skills among court users complicate the smooth running of e-filing and virtual
hearings. These practical barriers make it difficult to implement digital civil
procedure consistently, especially in rural areas.
The
combination of unclear laws, contradictory rules, procedural gaps, and
practical limitations has made the digital shift in civil procedure uneven and
unreliable. If not addressed, these issues will continue to slow down case
resolution, reduce access to justice, and weaken confidence in the civil
justice system.
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