Legal issues surrounding the admissibility of electronic evidence in Tanzania

Abstract

Tanzania has a law governing the admissibility of electronic evidence. This law brought several changes. It provides for the manner in which electronic evidence may be admitted. It also prescribes the requirements for determining the authenticity of electronic evidence. But the law seems to be incomplete and wrong in some instances. It obscures the procedure for laying the foundation of electronic evidence before its admission into evidence. Moreover, it ignores the role of digital evidence professionals in handling electronic evidence. Furthermore, the rulings of the High Court of Tanzania on the authenticity and admissibility of electronic evidence are conflicting. It is suggested that the law ought to provide for a procedure for laying the foundation of electronic evidence, and a digital evidence professional be involved in cases involving electronic evidence.

Index words: Tanzania; electronic evidence; admissibility; legal issues