Cross-examination as Part of Fair Trial in Tanzania: A Critical Analysis of the Case of Goodluck Kyando v Republic
The concept of fair trial and the right to cross-examine by an accused person are fundamental in the broad spectrum of administration of justice in any jurisdiction. Both may well be said to form part of the concept of rule of law. The right to a fair trial is guaranteed in the Constitution of the U...
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Nomos Verlagsgesellschaft mbH & Co. KG
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ftdoajarticles:oai:doaj.org/article:72cbdab441ae47118603178d413d78c5 2023-05-15T13:45:53+02:00 Cross-examination as Part of Fair Trial in Tanzania: A Critical Analysis of the Case of Goodluck Kyando v Republic Alexander Martin Saba 2017-05-01T00:00:00Z https://doi.org/10.5771/2363-6270-2016-2-195 https://doaj.org/article/72cbdab441ae47118603178d413d78c5 DE EN FR ger eng fre Nomos Verlagsgesellschaft mbH & Co. KG https://www.nomos-elibrary.de/10.5771/2363-6270-2016-2-195 https://doaj.org/toc/2363-6270 2363-6270 doi:10.5771/2363-6270-2016-2-195 https://doaj.org/article/72cbdab441ae47118603178d413d78c5 Recht in Afrika, Vol 19, Iss 2, Pp 195-208 (2017) Asia and Eurasia Africa Pacific Area and Antarctica KL-KWX article 2017 ftdoajarticles https://doi.org/10.5771/2363-6270-2016-2-195 2022-12-31T15:44:55Z The concept of fair trial and the right to cross-examine by an accused person are fundamental in the broad spectrum of administration of justice in any jurisdiction. Both may well be said to form part of the concept of rule of law. The right to a fair trial is guaranteed in the Constitution of the United Republic of Tanzania of 1977 and in other laws just like the right to cross-examination of witnesses. The importance of affording parties a fair trial has been echoed by the international community in different international legal instruments. It is upon the courts, therefore to conduct trials fairly. One of the critical areas to ensuring fair trial is with respect to the manner the right of cross-examination is provided to the accused and exercised by the same. While admitting that the right to a fair trial takes on board the whole trial process from the beginning to the end, this article concentrates on the right to cross-examination. It is submitted here that the right to a fair trial is sometimes vitiated during the process of cross-examination when a party to a case (an accused or defendant as the case may be) exercises the right without being at least informed of the essence of doing the same. In such a situation it is as tantamount as the right has never been given to the accused. In short, as a matter of practice, the right to cross-examination is given haphazardly to, not only to children who are accused but also to unrepresented adult persons. Article in Journal/Newspaper Antarc* Antarctica Directory of Open Access Journals: DOAJ Articles Pacific Recht in Afrika 19 2 195 208 |
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Directory of Open Access Journals: DOAJ Articles |
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ftdoajarticles |
language |
German English French |
topic |
Asia and Eurasia Africa Pacific Area and Antarctica KL-KWX |
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Asia and Eurasia Africa Pacific Area and Antarctica KL-KWX Alexander Martin Saba Cross-examination as Part of Fair Trial in Tanzania: A Critical Analysis of the Case of Goodluck Kyando v Republic |
topic_facet |
Asia and Eurasia Africa Pacific Area and Antarctica KL-KWX |
description |
The concept of fair trial and the right to cross-examine by an accused person are fundamental in the broad spectrum of administration of justice in any jurisdiction. Both may well be said to form part of the concept of rule of law. The right to a fair trial is guaranteed in the Constitution of the United Republic of Tanzania of 1977 and in other laws just like the right to cross-examination of witnesses. The importance of affording parties a fair trial has been echoed by the international community in different international legal instruments. It is upon the courts, therefore to conduct trials fairly. One of the critical areas to ensuring fair trial is with respect to the manner the right of cross-examination is provided to the accused and exercised by the same. While admitting that the right to a fair trial takes on board the whole trial process from the beginning to the end, this article concentrates on the right to cross-examination. It is submitted here that the right to a fair trial is sometimes vitiated during the process of cross-examination when a party to a case (an accused or defendant as the case may be) exercises the right without being at least informed of the essence of doing the same. In such a situation it is as tantamount as the right has never been given to the accused. In short, as a matter of practice, the right to cross-examination is given haphazardly to, not only to children who are accused but also to unrepresented adult persons. |
format |
Article in Journal/Newspaper |
author |
Alexander Martin Saba |
author_facet |
Alexander Martin Saba |
author_sort |
Alexander Martin Saba |
title |
Cross-examination as Part of Fair Trial in Tanzania: A Critical Analysis of the Case of Goodluck Kyando v Republic |
title_short |
Cross-examination as Part of Fair Trial in Tanzania: A Critical Analysis of the Case of Goodluck Kyando v Republic |
title_full |
Cross-examination as Part of Fair Trial in Tanzania: A Critical Analysis of the Case of Goodluck Kyando v Republic |
title_fullStr |
Cross-examination as Part of Fair Trial in Tanzania: A Critical Analysis of the Case of Goodluck Kyando v Republic |
title_full_unstemmed |
Cross-examination as Part of Fair Trial in Tanzania: A Critical Analysis of the Case of Goodluck Kyando v Republic |
title_sort |
cross-examination as part of fair trial in tanzania: a critical analysis of the case of goodluck kyando v republic |
publisher |
Nomos Verlagsgesellschaft mbH & Co. KG |
publishDate |
2017 |
url |
https://doi.org/10.5771/2363-6270-2016-2-195 https://doaj.org/article/72cbdab441ae47118603178d413d78c5 |
geographic |
Pacific |
geographic_facet |
Pacific |
genre |
Antarc* Antarctica |
genre_facet |
Antarc* Antarctica |
op_source |
Recht in Afrika, Vol 19, Iss 2, Pp 195-208 (2017) |
op_relation |
https://www.nomos-elibrary.de/10.5771/2363-6270-2016-2-195 https://doaj.org/toc/2363-6270 2363-6270 doi:10.5771/2363-6270-2016-2-195 https://doaj.org/article/72cbdab441ae47118603178d413d78c5 |
op_doi |
https://doi.org/10.5771/2363-6270-2016-2-195 |
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Recht in Afrika |
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19 |
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2 |
container_start_page |
195 |
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208 |
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