History of Criminal Law in Tanzania

History of Criminal Law in Tanzania

(i) Criminal Law in Pre-Colonial Tanzania

Before colonization, Tanzanian society was structured around families, clans, and tribes. Tribal territories, each with a common dialect and religious practices, were often led by chiefs or kings. During this time, there was no formal legal system, and social norms were regulated by customs. With the emergence of centralized authority or states, customary law became more formalized to maintain social order. In pre-colonial Tanzania, severe crimes like treason and espionage were punishable by death, as seen in the Sukuma and Chagga tribes. Witchcraft also carried severe penalties. Certain types of homicide were reconcilable through compensation or blood feuds, depending on the power of local chiefs. Chiefs often favored reconciliation to reduce social tensions, especially in tribes like the Haya, Nyamwezi, and Hehe, where entire clans could contribute to blood money for compensation.

(ii) Criminal Law During the German Colonial Period

Germany colonized Tanganyika (then German East Africa) in 1885. During this period, native populations were subjected to harsh German rule, with widespread use of corporal punishment. German colonial authorities established a system of law and order that relied heavily on native chiefs and introduced new officials like akidas and jumbes. Germans retained and modified customary laws to serve colonial interests. Criminal law was used to enforce forced labor and unpaid public works projects. Legislation such as labor laws and taxation ordinances were enacted, punishing breaches with severe penalties, including imprisonment. For instance, the 1912 House and Poll Tax Ordinance imposed taxes on native populations, and failure to pay could lead to forced labor.

(iii) Criminal Law During the British Colonial Period (1918–1961) 

After World War I, Tanganyika was placed under British mandate. The British established the Tanganyika Order in Council (1920), introducing Indian Penal Codes and other Indian laws as the basis for criminal law. The Order also applied English common law, equity, and statutes of general application. Native courts handled minor criminal matters according to customary law, provided they were not repugnant to justice and morality. The penal code introduced by the British criminalized various acts, such as vagrancy, even before they became widespread issues. The Native Courts Ordinance of 1929 and the Local Court Ordinance of 1951 provided a tiered judicial system, with serious crimes handled by subordinate courts and minor crimes by native or local courts.

(iv) Criminal Law in the Post-Independence Era (1961–Present)

Following independence in 1961, Tanzania inherited British legal frameworks, as outlined in the Judicature and Application of Laws Ordinance (JALO). This legislation retained customary law, albeit with limitations, until it was abolished in 1963 under the Magistrates' Courts Act, which unified the court system. The Penal Code remained the primary source of criminal law, though it underwent amendments to reflect Tanzania's socio-political changes. For example, after the Arusha Declaration of 1967, new penalties were introduced for theft from public enterprises. The Minimum Sentences Act of 1963 imposed harsher punishments for crimes like theft, stock theft, and corruption, with corporal punishment being intermittently applied.

Subsequent legislation addressed emerging issues such as economic sabotage, with the enactment of the Economic and Organized Crimes Control Act of 1984, aimed at curbing illegal activities like smuggling and currency trading. Criminal law continued to be used as a tool for development, with local governments enacting penal sanctions for by-laws regulating agriculture, trade, health, and public order.