COURT & LEGAL: Introducing digital justice in Tanzania's judiciary

After experiencing our court system, I’ve been thinking about the prospects of digital justice in Tanzania. Technology has transformed how we recharge LUKU, buy newspapers, withdraw money, and even apply for courses at universities, so why can’t it change how we access court services?

Introducing technology that can change the way Tanzanians are receiving court services is one of the activities embodied in the Tanzanian Judiciary’s current strategic plan. The Chief Justice has publicly stated that incorporation of ICT in justice delivery is one of his top priorities. Indeed, the theme for this year’s Law Day celebration was “The use of ICTs in delivering legal rights”. Starting this year, advocates renewed their Practicing Certificates and Notary Certificates electronically. We believe the Judiciary will continue to make progress in employing technology, though with a guarded approach, to provide court users with fair and efficient access to the courts, including implementing electronic case filing.

We are a container shipping company. We understand the President has assented to the Tanzania Shipping Agencies Act 2017 which establishes the Tanzania Shipping Agencies Corporation, yet many shipping companies have relationships with SUMATRA which is still in existence. Isn’t this development likely to negatively affect shipping operations in the country?

The Tanzania Shipping Agencies Act 2017 regulates maritime transport in Mainland Tanzania. Established under this Act, the Tanzania Shipping Agencies Corporation’s (TASAC’s) mandate is restricted to marine transport. Compared to Sumatra, TASAC has a narrower scope. More importantly, the public policy underpinning the establishment of TASAC is better operational efficiency and increased transparency in the Mainland Tanzania’s maritime transport sector. As SUMATRA is undergoing a transition, some adjustments are inevitable. We encourage you to speak with your professional adviser for a detailed assessment of the potential impacts in order to establish how your container shipping company may be affected.

I plan to start a company to participate in public tenders. But I’ve been told in such tenders a modification or amendment of an existing contract entered into with a Tanzanian government entity requires a new procurement procedure. Is this true?

In general, relaxing or amending the terms and conditions of the contract after its conclusion is not acceptable and is allowed only in extraordinary circumstances. But where the amendment sought is imperative for proper and effective execution of works or rendering of services and is made in good faith, it may be allowed after considering the financial consequences. The intention is always to avert loss of taxpayers’ money.

With an eye toward the upcoming elections in 2020, what is the attitude and thinking of our courts on tort liability of politicians for defamatory remarks made during campaigns?

It seems the constitutional guarantee of the freedom of speech is strongest when it comes to political debate issues. Once a person vies for public office, he puts his character in issue and his previous conduct is often fair game for comment. Courts require political plaintiffs to prove the defamatory statement was made with the defendant’s actual knowledge of its falsehood or with reckless disregard of whether it was false or not. However, there are times when filing a political defamation suit is just a matter of strategy, particularly when a public official’s image gets caught up in a political cross-fire.

I’m a budding Tanzanian footballer, with big dreams. How important are image rights clauses to prominent players when signing with a new club?

In the world of football, the position of each club and player is very different. Because of this, image rights negotiations need to be approached with a lot of care and nuance. Having said that, image rights clauses form a critical part of high-profile football deals, especially for those clubs competing in the top level of a country’s football league system, such as, in the case of Tanzania. For high-profile players with a true commercial value in their image, a separate image rights deal may be entered into between the club and the company to which the player’s image is assigned. Clauses on the grounds for termination or reduction in fees usually form the crux of negotiations in image rights contracts.

Strengthening the wording of these clauses is very important.