MZUMBE UNIVERSITY

DEPARTMENT OF LEGAL STUDIES

RESEARCH REPORT ON

ANALYSIS ON THE EFFECTIVENESS OF THE WITNESS PROTECTON

MECHANSM IN TANZANIA, CRITICAL ANALYSIS

BY

RHODA M. DANIEL

(REG NO: 2631291/T.21)

SUPERVISOR: DR. DANIEL MUYA

A COMPULSORY RESEARCH REPORT FOR FULFILLMENT OF THE

REQUIREMENT FOR AWARD OF THE BACHELOR OF LAWS DEGREE (LLB)
OF MZUMBE UNIVERSITY 2024
 CERTIFICATION

We, the undersigned, certify that we have read and hereby recommend for acceptance by the
Mzumbe University, a research report titled; The analysis on the effectiveness of witness
protection mechanism in Tanzania. In partial/fulfilment of the requirements for award of the
degree bachelor of laws (LLB) of Mzumbe University.

Signature

_________________________

Major Supervisor

Signature

_______________________

Internal Examiner
 DECLARATION AND COPYRIGHT

I, Rhoda Marco Daniel, declare that this research report is my own original work and that it
has not been presented and will not be presented to any other university for a similar or any
other degree award.

Signature ___________________________

This Research report is a copyright material protected under the Berne Convention, the
Copyright Act 1999 and other international and national enactments, in that behalf, on
intellectual property. It may not be reproduced by any means in full or in part, except for
short extracts in fair dealings, for research or private study, critical scholarly review or
discourse with an acknowledgement, without the written permission of Mzumbe University,
on behalf of the author.

© Rhoda M. Daniel 2024

 ACKNOWELDGEMENTS

I would like to express my deepest appreciation to all those who provided me the possibility
to complete this report I give my A special gratitude to our field mates whose contribution in
stimulating suggestions and encouragement helped me to coordinate especially in writing
this research report. Furthermore I would also like to acknowledge with much appreciation
the crucial role of my class mates who gave the permission to use all require equipment and
the necessary materials to complete the task.it would not be justice if I will not recognize the
assistance I got from Muson stationary for making necessary arrangement in this research
report, A special thanks goes to my father Mr. MICHAEL D, NZIGE and my mother
ESTHER C. KUTAMIKA and my brother CHRSTOPHER M. NZIGE who help me to
assisted me financially and thoughtful on making this work possible. Last but not least,
many thanks go to supervisor Dr. DANIEL MUYA for his best Supervision to this work.
Also, to those who have invested their full effort in guiding students who were doing their
field attachment to achieve their goal. I have to appreciate the guidance given by the
external supervisor as well as the fellow classmates especially my fellow supervisee for their
contribution and advices that have improved this research report
 DEDICATION

Dedicated to my gorgeous friend Grace U, Bodwin for her kindness, and endless support
when I was in my research writing selflessness will always be remembered. She has been a
helping hand and a blessing in disguise for the love and care.
 ABSTRACT

Section 11 of the whistleblower witness protection Act recognize the protection of witness
in Tanzania jurisdiction that Where a Competent Authority, either on the application of the
witness or on the basis of the information gathered, is of the opinion that a witness may be
subjected to dismissal, suspension, harassment, discrimination or intimidation by his
employer or the life or property of the witness or the life or property of a person of close or
interpersonal relationship with the witness is endangered or is likely to be endangered, the
Competent Authority shall refer the matter to an institution that is capable of providing
protection to protect the witness.

But the implementation and enforcement remains doubtful and those competent authorities
which may enforce or implement protection of witness also they are not provided under this
law, which make courts and prosecutors remain in dilemma in proceeding when it comes to
the witness protection methods they tend use their wisdom and to refer laws from other
jurisdiction like Kenya and India as was seen in different cases like the case of DPP Vs
Yahya Twalib Mpemba and 15 others, misc. criminal application No.88 of 2021.

The study is intending to demand the law to provide enforcement mechanism on witness
protection during adducing evidence in court and after in the street and the law should
provide the institution which shall be responsible on protection of witness and its methods.

The study was conducted through field study at Mpwapwa District in Dodoma Region.
This study involved pure documentary review so as to lay down the theoretical frame work
of the study were by various literatures were reviewed from different case laws both
reported and unreported.
 LIST OF STATUTES

PRINCIPAL LEGISLATION

Whistleblower and witness protection Act CAP 446 R. E 2022

Criminal procedure Act CAP 20 R.E 2022

The evidence Act CAP 6 R.E 2022

The Prevention of Terrorism Act No. 21 of 2002.

SUBSIDIARY LEGISLATION

Written laws (miscellaneous amendment) Act no. 2 of 2018

Witness protection scheme, 2018

Whistleblower and witness protection regulation GN. NO. 59 of 2023

LIST OF INTERANATIONAL INSTRUMENTS

The Rome statute of 2002

The united nation convention against corruption of 2000

The organized crime convention of November 2000

The protocol of prevent, suppress and punish trafficking in person, especially women and
children of 2003

The protocol against the smuggling of migrants by land, sea and of 2004

The protocol against the illicit manufacturing of and trafficking in firearms, their parts and
component and ammunition of 2005

REGIONAL INSTRUMENT

Whistleblower and Witness Protection Act Cap 446 RE 2022

The criminal procedure Act Cap 20 RE 2022

The national prosecutions services Act Cap 430 RE 2022

The prevention of terrorism Act

The evidence Act Cap 6 RE 2022

LIST OF CASES

DPP Vs Abdi Sharif Hassan and another, Misc. criminal application, No. 19 of 2020, HCT
at Mwanza.
DPP Vs Yahya Twalib Mpemba and 15 others, Misc. criminal application No. 88 of 2021,
HCT at Arusha.

Rashid Nkungu Vs Ally Mahamme (1984) TLR 46

Swaran Singh v. The State of Punjab

Zahira habibulla H. shiekh and another vs state of Gujarat 2004 (4)SCC 158

DPP Vs Abdi Sharif Hassan and another, misc., appltn No.17 of 2020, HCT at Mwanza
registry
LIST OF ABREVIATION

CAP- chapter

S- section

LLB- legumles bachelorous

R.E- revised edition

Ed - edition

GN - government notice

NO- number

DPP-director of public prosecution

Vs- versus

CPA- criminal procedure Act

Hon- honorable

J- judges

TLR- Tanganyika law report

ICC- international criminal court

UNODC- united nation office on drug and crimes

PROF. - professor

H.C.T- high court of Tanzania

MISC.- miscellaneous

IBID- ibiden / in the same source

CERTIFICATION.........................................................................................................................................
DECLARATION AND COPYRIHT.......................................................................................................
DECLARATION...........................................................................................................................................
COPYRIGHT.................................................................................................................................................
ACKNOWLEGEMENTS..........................................................................................................................
DEDICATION...............................................................................................................................................
LIST OF INTERNATIONAL INSTRUMENTS................................................................................
LIST OF DOMESTIC LAWS..................................................................................................................
ABSTRACT..................................................................................................................................................
CHAPTER ONE............................................................................................................................................
GENERAL INTRODUCTION..................................................................................................................
Introduction …………………………………..1
Witness …………………………………………..1
Background of the problem………………………..1
Statement of the problem…………………2
Research objective………………………….2
Main objective ………………………3
Specific objective ………………………..3
Research questions ……………………….3
Significance of the study………………………..4
Literature review………………..5
Research methodology ………………..9
Research design ………………………..10
Sample techniques ………………..10
Study area ……………………………10
Data collection methods………………….10
Primary data……………11
Interview ……………………11
Questionnaire …………………11
Secondary data ……………………………….11
Library data………………………….11
Method of data ……………………………12
Scope of the study…………………………12
Conclusion……………………………..12

CHAPTER 2

THE CONCEPTUAL FRAMEWORK ON THE EFFECTIVENESS OF WITNESS

PROTECTION MECHANISM IN TANZANIA……………………………..13

2.1. Introduction…………………………………………………………………13

2.1.1. witness………………………………………………………………………..13

2.1.2. Types of witness………………………………………………………………..13

2.1.3. Witness protection programme……………………………………………….14

2.1.4. Competent witness…………………………………………………………….14

2.1.5. Witness protection…………………………………………………………….14

2.1.6. Protection………………………………………………………………………15

2.1.7. Witness protection application………………………………………………..15

2.1.8. Witness protection order…………………………………………………..15

CHAPTER 3

LEGAL AND POLICY FRAMEWORK……………………………………………16

3.1. Introduction………………………………………………………………………16

3.2. International instrument……………………………………………………16

3.2.1. The Rome statute, 2002…………………………………………16

3.2.2. The united nation convention against corruption………………………..17

3.3. Regional instrument on victim/ witness protection……………………………..17

3.4. The protocol to combat trafficking…………………………………………………………………………………17

3.5. Domestic legal framework……………………………………………………………………………………………………18

3.5.1. Whistleblower and witness protection Act cap 446 R .E2022…………………………………………..18

3.5.2. The evidence Act cap 6 R.E 2022……………………………………………………………………………………….18

3.5.3. The prevention of terrorism Act No.21 of 2002……………………………………………………………………19

3.5.4. The criminal procedure act cap 20 R.E 2022……………………………………………………………………….19

3.6. Conclusion………………………………………………………………………………………………………………………………19

CHAPTER 4

DATA PRESENTATION AND ANALYSIS ON EFFECTIVENESS OF THE LAW

GOVERNING WITNESS PROTECTION MECHANISM
…………………………….20

4.1. introduction…………………………………………………………..20

4.2. The lack of modes to enforce the law of whistleblower and witness protection
Act………………………………………………………………………………………2O

4.3. Lack of knowledge and awareness due to lack of mechanism to witness protection
……………………………………………………………………………….22

4.4. The enforcement of the other laws on the witnesses protection………………………..22

4.5. Conclusion……………………………………………………………………………..22

CHAPTER 5

Conclusion and recommendation…………………………………………………….23

5.1. Introduction…………………………………………………………………………23

5.2. Conclusion……………………………………………………………………………..23

5.3. Recommendation…………………………………………………………………….24

5.3.1. Section 11 of the whistleblower and witness protection Act should be amended to
establish specific organs for witness protection in Tanzania…………………………..24

5.3.2. Need to provide education through educating mass awareness campaign and seminars
conferences…………………………………………………………………25

5.3.3. There should be competent authority ………………….………………………….26

5.3.4. State should establish witness protection fund……………………………………..26

5.3.5. There should be witness protection programmes…………………………………...26

5.3.6 There is a need to have courtroom procedural guideline ………………………..26

5.3.7 Since protection of witness is crucial in maintaining justice ………………..……26

5.3.8 There should be National witness protection programmes ………………………26

5.4. Conclusion………………………………………………………………………..26

BIBLIOGRAPHY

CHAPTER ONE

GENERAL INTRODUCTION

1.1. Introduction

The researcher was researching on the Analysis on the effectiveness of the witness
protection mechanism in Tanzania. Especially in Mbeya City regardless to by- laws. And
due to the research topic, the research was to make analysis of effectiveness some aspects
which are governing laws on protection of witness but also enforcement mechanism done by
institutions governing protection of witness.

Witness means a person who gives or agrees to give evidence before a court or quasi-
judicial body or makes a statement to a law enforcement agency as provided under section
3(b)1. Witness also is defined to mean one who gives or provides evidence in a case before a
court in any suit or proceeding and who attest or swears to facts or gives or bears testimony
under with2, Witness also means a person who is competent 3.and compellable to testify
before the court of law, his or her testimony should relate to the relevant facts or fact in
issue. Witnesses are of various types for instance favorable witnesses, unfavorable
witnesses, hostile witnesses, privilege witnesses, refractory witnesses and others. Testimony
from witness is the best means of getting evidence because it will help a judge or
Magistrates to solve the issues between parties4.

BACK GROUND OF THE PROBLEM

In Tanzania jurisdiction before enactment of whistleblower witness protection Act 2015

there was intimidation and harm of witnesses which leads the cases dismissal and acquittal

1
Whistleblower and Witness Protection Act (CAP. 446 R.E. 2022)
2
Salwan, S.L & Narang, U (2012). Academic’s Legal Dictionary, 22nd Edition. New Delhi; Academic (India)
Publishers at page 380
3
section 127 (1) of The Evidence Act [CAP 6 R.E 2022]
4
Morris, H.F, Evidence in East Africa
rendered justices fails in this circumstances. Witnesses need to have the confidence to come
forward to assist law enforcement and prosecuting agencies they need to be assured that they
will receive support and protection from intimidation and harm that groups might seek to
inflict upon them in order to discourage them cooperating with law enforcement agencies
and disposing before the court of law.

Witness protection first came to prominence in the United State of America to dismantle
Mafia style criminal organizations. Before its formal establishment by act, witness
protection system started to protect people testifying against a member of Ku Klux Klan 5.
An established formal program of witness protection in the United States dates back to
organized criminal control act of 1970. This protection system is run by the United States
marshal service. Earlier in the 20th century, the Federal Bureau of Investigation also
occasionally crafted new identities to protect witnesses. Currently, many states, including
California, Connecticut, Illinois, New York and Texas, as well as Washington D.C, have
their own witness protection programs for crimes not covered by the federal program.

After enactment of such law now, the law under section 11 it does provide the witness shall
be protected with competent authority against intimidation, against their property but still
those competent authorities they are not mentioned and the methods/ modes on the way
witness shall be secured

In November 2009, the United Nations Office on Drugs and Crimes (UNoDC), with the
assistance of the Office of the Attorney-General of Kenya, held the first Witness Protection
Conference in East Africa. The purpose of the conference was to inter alia, introduce
witness protection programs as a highly effective crime fighting tool to countries in Eastern
Africa; to determine the current legislative and operational capacities and resources
available for the protection of vulnerable and threatened witnesses and to establish what
needs, if any, are available in the region with regard to witness protection related issues 6

5
4 The Ku Klux Klan (KKK) is the name of three distinct past and present movements in the United
States that have advocated extremist reactionary currents such as; white supremacy, white
nationalism, anti-immigration. This Klan historically expressed through terrorism aimed at groups or
individuals whom they opposed. All three movements have called for purification of American
society and all are considered right organizations. In the Enforcement Act of 1871, the President is
empowered to suspend the writ of habeas corpus to combat the Ku Klux Klan (KKK) and other
white supremacy organizations. And someone who testifies in the court for what they committed will
be protected
6
A, Y, Mwenda, Resource material series No.86 witness protection in Tanzania.
1.3. Statement of the problem.

In Tanzania there are a lot of laws governing witness protection, the witness protection
mechanism in Tanzania aims to ensure the safety and security of witnesses who provide
crucial information in both criminal and civil cases. Even though there are several legal
problem on the manner on how and by whom witness shall be protected, the law it does not
provide the specific institution for protection of witness, under section 11 7 of the
Whistleblower and Witness Protection Act it only provide only that there shall be
Competent Authority for witness protection, in which this competent authority under this
law they does not provided and under interpretation section 3(c) of this Act. This was shown
in the reported of commission of criminal right justice in July at Dodoma 8 that protection
act chapter 446 to provide for information of informants and witnesses. However, the law
doesn’t specify a special institution to manage and coordinate the protection and security of
whistleblower and witnesses. Example in section 11 of this law it is specified to be, the
authority responsible for protecting the informant and witnesses, that there is possibility that
the person’s life or property is in danger will submit the matter to the institution with the
authority to protect the whistleblower and that witnesses. The institution with the authority
to protect the witness is not specified in the Act. The commission recommend that firstly,
the law on the protection of informant and witnesses should be amended and identify a
specific Institution to coordinate the protection of witnesses and whistleblowers in the
country to strengthen their protection and secondly, the relevant institution should have a
sufficient budget so that it can carry out its duties his.

1.4 Research Objectives

This study is divided into main or general objective and specific objective so as to enhance
and to determine what the researcher specifically intends to deal with in the research.

1.4.1. Main/General Objective

The general objective of this research is that, the researcher will identify the legal
framework basing on analysis on effectiveness of witness protection mechanism in Tanzania

1.4.2 Specific Objectives

7
Whistleblower and Witness Protection Act [CAP. 446 R.E. 2022]
8
The summary of the report of the commission to observe how to improve criminal justice institutions in the
country. July 2023
  To look on the effectiveness of our law governing protection of witness

 To look on the institutions as the enforcement mechanism of witness

protection mechanism.

1.5 Research questions

This study is guided by the following research hypotheses which will enable the researcher
to obtain data which is useful this work.

• Our laws are unclear to meet the witness protection mechanism in Tanzania.

• inadequate of the enforcement institution mechanism of witness protection in

Tanzania.

1.6 Significance of the study

the ability of witness to give testimony in a judicial setting or to cooperate with law
enforcement agencies and investigating officers without fear of intimidation or reprisal is
essential in maintaining the rule of law.

The objective of this study is to ensure that the investigation, prosecution and trial of
criminal offences is not prejudiced because witnesses are intimidated or frightened to give
evidence without protection from violent or other criminal recrimination.

It aims to promote law enforcement by facilitating the protection of persons who are
involved directly or indirectly in providing assistance to criminal law enforcement agencies
an overall administration of justices. Witnesses need to be given the confidence to come
forward to assist law enforcement and judicial authorities with full assurance of safety. It is
aimed to identify series of measures that maybe adopted to safeguard witnesses and their
family members from intimidation and threats against their lives, reputation and property.

Witness protection in Tanzania is crucial for the justice’s system as it ensures the safety and
security of individual who provide crucial evidence in criminal cases. The significance of
witness protection in Tanzania is as follows; the study is intended to provide awareness to
the witness about his/her benefit of witness protection program, also the study requires to
make public awareness campaign to educate individuals about witness protection and effort
to build trust in the system through transparency and accountability. However, the study
intended to ensure that witness protection enforcement mechanism as provided under section
13(4)9 have legal method on implementation of witness protection in Tanzania.

1.7 Literature review

Under the literature review, the study’s framework was primarily shaped by an extensive
review of diverse literary sources, especially addressing the topic of witness protection
mechanism in Tanzania. The consultation of these materials served to gather expert opinions
from variety of books, journals, legislations from different authorities, and various internet
sources. Numerous authors have contributed to the literature on this subject through a
thorough critical review of both primary and secondary sources.

J, Bentham 10 witnesses are the eyes and ears of justices in cases involving heinous crimes,
witnesses turn hostile because of threat to life and property. Witnesses feel that there is no
statutory legal obligation on the part of the state to extend any protection to them

D, Yapa and K. E.R.L Fernando11, Witnesses play a very vital role in helping the police to
deliver justice and solve crimes. Without witnesses, the criminal justice system would not
work. But today these witnesses are in a vulnerable stage due to disclosing evidence to the
police or to the courts against perpetrators. Serious threats on witnesses and their families,
abductions and killings created an immense shock in the society. Victims were kidnapped
and was threatened to withdraw their cases. These incidents can be considered as a serious
detriment toward the fundamental rights of citizens. being threatened or sometimes being
tortured for revealing the truth. Therefore, public hinders to give evidence as a witness and
ultimately it affects the criminal justice system of the state. Hence state having a witness
protection mechanism is mandatory. The proper functioning of a state’s justice system
depends on the willingness of victims to come forward and report crimes committed against
them and the availability of witnesses to provide information and testify as to what they saw
in a full and impartial manner. Thus where victims and witnesses feel threatened,
undermining their willingness and ability to come forward, society as a whole is denied
justice.

9
Whistleblower and Witness Protection Act [CAP. 446 R.E. 2022]
10
Witness protection scheme, 2018
11
D, Yapa and K. E.R.L Fernando, Ensuring witness protection in criminal proceedings of Asia: A
Legal and Rights-based approach. Pg 3 and 4
A witness may only require protection until the conclusion of a trial, some witnesses are
provided with a new identity and may live out the rest of their lives under government
protection. Today in order to prosecute the perpetrators many countries have established and
use witness protection measures to ensure that critical testimony is available as part of
related criminal proceedings. Witness protection covers a range of possible measures,
including the concealment of a witnesses' identity or those of his/her family as well as their
socio- economic reintegration into a new life and physical relocation of a witness, the
change of their identity. Therefore, it is apparent that having a witness protection mechanism
enhance law enforcement and accountability12.

In their book they categorized the problem into two sections as follows:

i). Problems and Obstacles received from the Witness under Protection in order to receive
protection the witness must perform and live within certain sets of rules and regulations set
prior to the protection being given, resulting in a change and discomfort to their normal life
causing witnesses to reach boredom if the court proceedings consume large periods of time.
Witnesses under protection are given a sum of money as a reward and an allowance is given
to those closely related to the witness, the witness is also given an allowance used in
purchasing food, paying for the location of stay, and other vital expenses in their daily lives.
This can sometimes cause some witnesses to take advantage of requesting funds that are
used in an inappropriate manner.

ii). Problems and Obstacles faced by Witness Protection Officials, there is lack of the man
power to perform the protection voluntarily. This is because it is seen as something that
doesn’t require any skill, knowledge to perform, the commanding officials also do not show
a lot of importance and care towards it. Witness protection doesn’t provide progress in a
government official’s career. Also the lack of female officials to perform the witness
protection is another problem. There is also lack of the coordination between the
investigating officials and the witness protection officials, resulting in an inability for the
protection officials to predict the dangers that the witness could face and the means to
counter it. This also includes problems that could occur to the witness such as illness, family
related problems, financial problems, mental health as the protection official has to try to
correct alone. No established training course or programs are available to give knowledge to

12
Dulume, W, Oromia law journal (vol.6, No.1) Ethiopian witness protection system: comparative analysis
with UNHCHR and good practices of witness protection report.
the witness protection officials. Currently officials rely on their own experiences in
operating the protection causing a lack of standardized means of providing protection to
witnesses

Dulume,W13, In Africa, where witness intimidation and harm have led to case dismissals
and acquittals, justice fails in these circumstances. This demands responding appropriately
to complex transnational and international crimes require a multifaceted approach that
includes a robust criminal justice response. Protection for witnesses is, therefore, central to
effective rule-of-law-based responses and robust criminal justice systems. In most of the
African countries, witness protection is absent, or weak, or inconsistent. This seriously
hampers efforts to successfully prosecute serious crimes.

A case in point is Nigeria, where, in April 2014, a crucial prosecution witness declined to
testify during the trial of alleged Boko Haram Member Dr. Muhammad Nazeef Yunus. The
judge’s earlier decisions to disallow the use of masks to conceal the identity of witnesses in
favor of using a cubicle and to maintain an open court is likely to have resulted in the
witness’s withdrawal. The trial is still to be finalized. Similarly, the withdrawal of certain
key protected and unprotected witnesses in the International Criminal Court (ICC) case
against the Kenyan President, Uhuru Kenyatta14, relating to crimes committed during post-
election violence in 2007/08 in Kenya led to postponements and the eventual withdrawal of
charges for lack of evidence15 Some of those who withdrew are said to have been insider
witnesses who represented substantial evidence for the prosecution’s case. Kenyatta’s
lawyers have denied involvement in any form of witness intimidation. Witness intimidation,
and/or harming witnesses is believed to have played a role in the 2004 disappearance of
Peter Mulamba, a key witness in the corruption case against former Malawian Finance
Minister, Friday Jumbe. Reports pointing to Mulamba’s death surfaced but were allegedly
untrue. Preventing witnesses of serious crimes or crimes involving high profile or influential
people from being intimidated or harmed is, therefore, central to witness protection.

Individuals are more likely to testify if they can be guaranteed of their safety and that of
their families. Nevertheless, harming, threatening, interfering with or intimidating witnesses

13
Dulume, W, Oromia law journal, Ethiopian witness protection system: comparative analysis with UNHCHR
and good practices of witness protection report. (vol.6, No.1).
14
Prashant Rahangdale (2019), “Witness Protection: An Important Measure for The Effective Functioning of
Criminal Justice Administration” Assistant Professor, Amity Law School, Amity University Chhattisgarh,
Raipur (C.G).
15
International criminal, the prosecutor v Uhuru Muigai Kenyatta, ICC march 2015
are not sufficiently addressed, either in legislation or protection services, in most African
countries. It is worth noting that justice processes other than criminal justice ones, such as
transitional justice measures, are also subject to these concerns if witnesses do not feel safe
to testify. Insufficient funding, shortage of skill, weak political will/interest is among
obstacles preventing practices of witness protection in Africa16.

Currently, Africa has recognized the significance of witness protection; addressing serious
crimes. Specifically; the African Union Model National Law on Universal Jurisdiction over
International Crimes stipulates both prosecutorial and court responsibility to ensure the
protection of witnesses. The Rules of Procedure of the African Commission on Human and
Peoples’ Rights also acknowledge the need to prevent reprisal against witnesses. Other
forums, such as the Africa Prosecutors Association, the East African Association of
Prosecutors, and the East African Magistrates and Judges Association, also emphasize the
crucial function of witness protection in fighting complex crimes. Despite these agreements
and bodies, however, there is only limited provision for witness protection at the national
level in many African countries17.

Swaran Singh v. The State of Punjab 18, Honorable Supreme Court in this landmark
judgment highlighted the problems faced the witness during the course of the trial. The
witness is an integral part of the justice administration system. However, since the inception
of an investigation until the completion of the trial or even after the trial witness suffers a
lot. They travel a long distance to attend the court process, waste their time and money and
lose their salary for the day. But in return, they get nothing other than ill-treatment and
harassment. They are not even paid with an adequate travel allowance and get good
hospitality in court. Instead of all these hardships, they face unwarranted adjournment and
even sometimes threatened and harassed by the accused for giving testimony against them.
Therefore, it is needed that the rights of the witness should be secured and they should be
provided with adequate protection19

16
W, Dulume, Oromia Law Journal, Ethiopian witness protection system: comparative analysis with
UNHCHR and good practices of witness protection report [Vol 6, No. 1]
17
ibid
18
AIR 2000
19
Good Practices for the Protection of Witnesses in Criminal Proceedings Involving Organized Crime, Printed
in Austria
Protection of witness is one of the attributes of fair trial which is guaranteed under Article
2120 of the Constitution of India. However, the condition of the witness is still worse in our
justice administration system. Witnesses are induced, intimidation and threatened by the
accused when they give adverse testimony against them. Moreover, witnesses are even
killed if they broke the silence against the accused. All these incidences of torture majorly
happened due to the lack of effective witness protection regime in our country. For this
reason, Criminal have no fear of law due which they are able to impose a threat on the
witness. This has also given rise to high acquittal rate and decrease in convictions in the
justice administration system.

Honorable Supreme Court in Zahaira Habibulla H. Sheikh & anor v. State of Gujarat
and Others21 observed that:

“The State has a definite role to play in protecting the witnesses, to start with at least in
sensitive cases involving those in power, who has political patronage and could wield
muscle and money power, to avert trial getting tainted and derailed and truth becoming a
casualty. As a protector of its citizens it has to ensure that during a trial in Court the
witness could safely depose truth without any fear of being haunted by those against whom
he had deposed. Every State has a constitutional obligation and duty to protect the life and
liberty of its citizens. That is the fundamental requirement for observance of the rule of law.
There cannot be any deviation from this requirement because of any extraneous factors like,
caste, creed, religion, political belief or ideology. Every State is supposed to know these
fundamental requirements and this needs no retaliation”

Considering these issues, it is emphasized that witness should be grant protection from these
hardships and the state is bound to safeguard the right of witnesses in such sensitive issues.

In a number of countries, the court may decide to apply specific measures during the hearing
of testimony to ensure that witnesses testify free of intimidation and fear for their lives.
These measures can also be applied in sensitive cases (trafficking in persons, sex crimes,
child witnesses and family crimes, among others) to prevent the victimization of victim-
witnesses by limiting their exposure to the public and the media during the trial. They
include:

20
The India constitution
21
(2004) 4 scale 375
(a) Use of a witness’s pretrial statement instead of in-court testimony; (b) Presence of an
accompanying person for psychological support; (c) Testimony via closed-circuit television
or videoconferencing; (d) Voice and face distortion; (e) Removal of the defendant or the
public from the courtroom; (f) Anonymous testimony.

1.8 Research methodology

Data obtained through different method of data collection which includes primary and
secondary also through the use of different reports, journals, books and e-source materials
where on the part of field the researcher invoked interview method of data collection.

1.8.1. Research Design

The plan of action that is to set out in order for study to be conducted smoothly from the
begin to the end and to ensure best result, the researcher will use much qualitative approach
and less quantitative approach. Where the mode of gathering data used by the researcher in
this study was through field study and documentary review. The documentary review, the
researcher was passed through a library or archival research reading sources which include
books, journals, some official government documents, dissertations, law reports, law
reviews, and other readings. Moreover, the researcher used field study which was conducted
in interview

1.8.2 Sample technique

Sampling, is the process of selecting a few (a sample) from a bigger group (the sampling
population) to become the basis for estimating or predicting the prevalence of an unknown
piece of information, situation or outcome regarding the bigger group. The advantage of
sample technique is that, it saves time as well as financial and human resources. Hence the
researcher included specific sampling techniques, basing on specific sampling the researcher
selected the people who specialized or involved in the problem of the study

Sample size, the researcher obtained information from different person in a field who are
directly involved and touched by the subject matter in hand, hence the sample size involves
10 respondents where are advocate, magistrates, state attorney, police, prosecutors, and
Legal experts.
1.8.3 Study area

Under this part, the researcher has chosen Mbeya city as the case study for the research
whereby there are institutions which mandated to handle all information, but also under the
geographical location/area where data are collected is Mbeya region and Dodoma at
Mpwapwa district as interview mode of conducted.

1.9. Data collection methods

The data collection discussion and analysis in this part has purposefully focused on
qualitative as opposed to quantitative studies as it is this type of studies that most law
students pursuing the LL. B program undertake. Therefore, in this research, the researcher
employed both primary data and secondary data as methods of data collection.

1.9.1. Primary data

Primary data are those which are collected afresh and for the first time, and thus appear to be
original in character. We can obtain primary data either through observation or through
direct communication with respondents in one form or another or through personal
interviews.

1.9.2. Interview

The researcher generally conducted both structured and unstructured interviews where 10
respondents were included, those respondents are civil servants, advocate, Officials from
Local Government, Legal experts which where Magistrate and Advocates.

1.9.3. Secondary Data

Secondary data are those which have been collected by someone else and which have been
passed through the statistical process in information derived from primary source. These
sources organize the information in a system manner and in a planned way. These include
the data from textbooks, dictionary, statutes. The methods of collecting secondary data used
in this research study were as follows;

1.9.4. Library research

Library research is the method of obtaining information from public or private libraries. This
can be through books, copies of dissertations and other published materials available. In this
research study researcher visited Mzumbe University library for analysis of some relevant
documents like statutes, books, journals, articles internet materials and other publications.
These documents were obtained from library of Mzumbe University-Mbeya campus.

1.10 Method of Data analysis

The techniques and tools used by the researcher questions. The first method used in stabling
the research problem and drafting the research proposal was the Documentary Review, both
primary and secondary source. The study is based on the material gathered through library
Documentary review and through interview in a narrow sense. Qualitative methods were
employed through interviews, and journals articles, published books, reports and
Dissertations

1.11 Scope or area of study

The geographical area of the inquiry was within Tanzania main land, at Mpwapwa District
in Dodoma region since it was not easy to visit and conduct a research in whole of the
country due to the financial problems. But by reviews through the documentary review,
provides also other areas that have the same problem, such as Dodoma, Dar es Salaam, and
Also Mwanza region, but generally the whole of the country faced with the problem of in
the issues of witness protection mechanisms both in criminal and civil proceedings.

1.12. limitation of the study

In this part, the research covers the issues of witness protection. And the data was collected
from both primary and secondary source of data collection. The research was conducted
within Tanzania in Mpwapwa District at Dodoma Region. Many documents relating to the
study which are online are not accessible easily most of the materials are requires to be paid
so as to get a copy so the researcher was to pay and buy online materials so as to facilitate
the study easily since many material of the study of this study are found online and which
demand payment a thing that will be very challengeable to the researcher who is poor and
not having sufficient money to facilitate those all materials because a researcher is still a
student and still have to find various areas so as to collect data there must be some money to
facilitate that such study such as transport fees a thing that was much costly to the researcher

1.12 Conclusion
Therefore, this chapter provide a spotlight toward the subject through providing on some
areas which the study was focused on witness protection and in accessing this chapter, the
chapter introduces the insight content to be dealt with by this study

CHAPTER TWO

THE CONCEPTUAL FRAMEWORK ON THE EFFECTIVENESS OF WITNESS

PROTECTION MECHANISM IN TANZANIA
2.1 INTRODUCTION

This chapter involve discussion on the important terms used in the research report on the
effectiveness on the witness protection mechanism in Tanzania. Therefore, this chapter also
provide the concept of different terms as applied in this study such as witness, competent
witness, compellable witness, witness protection programme, witness protection

2.1.1 Witness

According to section 3(c)22 witness defined to means a person who gives or agrees to give
evidence before a court or quasi-judicial body or makes a statement to a law enforcement
agency; also the term witness has been defined in book of C, Mahony23 as a person, other
than the defendant, having knowledge of a fact (possessing information ) to be ascertained in
criminal proceedings or summoned by the judicial authority to provide testimony on that
fact.

2.2.2 Types of witness

There are various types of witness for instance favorable witnesses, unfavorable witnesses,
hostile witnesses which means as a person who gives testimony against the person who calls
him as a witness in its own favor or a person who shows a bias attitude against the party in
whose favor he was called as a witness, and privilege witnesses, refractory witnesses and
accomplice witness as provided under section 142 of evidence Act 24. Testimony from
witness is the best means of getting evidence because it will help a judge or Magistrates to
solve the issues between parties. Under adversarial system, the powers of a Judge or
Magistrate is to listen carefully and record what the witnesses are narrating and it is from the
evidence so adduced by the witnesses, the Judges and Magistrates make a decision after
being satisfied on the credibility and weight of the evidence from opposing and supporting
sides. Witness are parties to the proceedings, they are important in both civil and criminal
cases, they a vital role in administration of criminal and civil justices and judgement are
based on the evidence adduced by witnesses. In the case of Rashid Nkungu v. Ally
Mohamme25 the court stated that, if the court considers no evidence adduced by both parties

22
Whistleblower and Witness Protection Act [CAP. 446 R.E. 2022]
23
Mahony, C, [2010] the justice sector after thought: witness protection in Africa, published by the institute for
security studies, Brooklyn square 0075, south Africa
24
cap 6 RE 2022
25
[1984] TLR 46
when preparing judgement, the judgement will be invalid. Also, if the court does not
consider evidence adduced by both parties, there will be no judgement at all.

2.2.3 Witness protection program

C, Mahony26 defined witness protection program as a program regulated by legislation,

aimed at the protection of witnesses and victims in cases of serious intimidation, which
cannot be addressed by other protection measures, and where the testimonies of such
witnesses are of special significance for criminal proceedings.

2.2.3 Competent witness

Section 127(1) of the law of evidence act 27 provided that, Every person shall be competent to
testify unless the court considers that he is incapable of understanding the questions put to
him or of giving rational answers to those questions by reason of tender age, extreme old
age, disease (whether of body or mind) or any other similar cause. As a general is that
spouses in civil proceeding cases are competency and compellable witnesses. As provided
per section 131 of evidence Act

2.2.4 Witness protection

This means the method providing to a witness ensuring his or her safety and his or her
family, including everything that he or she is entitled to have by law, in exchange for a
witness’s testimony. Simply Witness protection is the protection of a threatened witness or
any person involved in the justice system, including defendants and other clients, before,
during, and after a trial, usually by police. While a witness may only require protection until
the conclusion of a trial, some witnesses are provided with a new identity and may live out
the rest of their lives under government protection.

The doctrine of “Witness Protection” comes from an idea to support criminal case
proceedings. In the judicial system, no matter what proceeding system a state uses, a judge
is always the one who is capable of ruling a judgment. Evidence is the most important
source for a judge to rule a case lawfully. A state has the duty to ensure that criminals must
be sentenced according to the state’s law. To do so the state needs witnesses to testify in a

26
Mahony, C, [2010] the justice sector after thought: witness protection in Africa, published by the institute for
security studies, Brooklyn square 0075, south Africa
27
The law of evidence Act cap 6 R.E 2022
criminal proceeding; however, the state also has a duty to ensure and provide protection to
the witness. It is easy to understand that no one would want to do a thing for the state if, by
doing so, it would cause harm to himself or his family. If a state cannot enforce the law by
bringing criminals to justice, its citizens will not believe and trust in the state’s governing
power, resulting in a failure socially or even nationally28.

2.2.5. Protection

Protection means the application of all measures that can contribute to preventing or
minimizing the risk of harm and / or reduce any threats that can jeopardize the life or
physical integrity of cooperating person and / or stop harm being inflicted on them.
Protective measure include both measure taken to prevent pressing a cooperating person at
risk ( preventive) and those taken when such person faces a threat or is subjected to
reprisals( response)29.

2.2.6. Witness protection application

Means an application moved by the witnesses in the prescribed form before a competent
authority through its member secretary for seeking witness protection order. It can be moved
by the witness, his family member, his duly engaged counsel 30. This is the process of an
individual applying for inclusion in a witness protection program. This program is designed
to protect witnesses and their families who may be at risk due to their cooperation with law
enforcement or participation in legal proceedings.

2.2.7. Witness protection order

Means an order passed by the competent authority detailing the witness protection measure
to be taken.31. witness protection order is a legal mechanism that provides protection,
security, and support to individuals who are considered witnesses to a crime and face real or
perceived threats to their safety. The order is typically issued by a court or authorized law
enforcement agency on order to ensure the safety and cooperation of the witness during
criminal proceeding. A witness protection order may include various measures such as;
identity protection, physical protection, restricting orders, confidentiality and psychological
28
Dilshani Yapa and K.E.R.L Fernando, (2016), Ensuring witness protection in criminal proceedings
of Asia: A Legal and Rights-based approach
29
Witness protection scheme, 2018
30
Ibid
31
ibid
support. It is important to note that witness protection orders are usually temporary and are
in effect only for the duration of the criminal proceedings, the specific details and extent of
the protection provided will vary depending on the jurisdiction, laws, and resources
available in each country.

CHAPTER THREE
 LEGAL AND POLICY FRAMEWORK

3.0 Introduction

In Tanzania jurisdiction there are laws which deals with witness protection mechanism in
the country especially Whistleblower and Witness Protection Act and other statutes.

This chapter deals with the analysis of international conventions or instruments, Regional
conventions, and Domestic legal framework which governs all matters relating to witness
protection mechanism in Tanzania. Since Tanzania has ratified various witness protection
conventions where its signatory to the universal declaration of human rights. Several
principles have been enshrined in different international human rights instruments that are
connected and have one relevance to this topic.

3.1 International instrument

Different International laws recognizes the importance of witness protection which is;

3.1.1 The Rome Statute of 2002

Article 64 (7)32 of the Statute recognize the importance of openness of the court proceeding
it read as "The trial shall be held in public. The Trial Chamber may, however, determine that
special circumstances require that certain proceedings be in dosed session for the purposes
set forth in article 6833 or to protect confidential or sensitive information to be given in
evidence. it gives exception in special circumstances under Article 68(5) 34 for witness
protection it read as

" Where the disclosure of evidence or information pursuant to this Statute may lead
to the grave endangerment of the security of a Pg. 8 of 17 witness or his or her family, the
Prosecutor may, for the purposes of any proceedings conducted prior to the commencement
of the trial, withhold such evidence or information and instead submit a sum thereof Such
measures shall be exercised in a manner which is not prejudicial to or inconsistent with the
rights of the accused and a fair and impartial trial."

32
The Rome statute (2002)
33
ibid
34
ibid
In the application of the Rome Statute there is also Rules of Procedure and Evidence which
governs the modality of how witness protection order may be sought and the said procedures
are laid down from rule 87 to 88 which provides amongst other that, the application needs to
be ex-parte also hearing of the ex-parte application be made in camera to determine whether
to order measures to prevent the release to the public or press and information agencies, of
the identity or the location of a victim, a witness or other person at risk.

3.1.2. The United Nation Convention Against Corruption of 2000

Under article 32 (1)35 it provide that ‘each state party shall take appropriate measures in
accordance with its domestic legal system and within its means to provide effective
protection from potential retaliation or intimidation for witnesses and experts who give
testimony concerning offences established in accordance with this convention and as
appropriate, for the relatives and other persons close to them.

3.1.3. The organize crime convention of November of 2000

The convention was the first international convention to fight transitional organize crime,
trafficking of human beings, and terrorism Article 24 and 25 it provides that

‘state parties shall take appropriate measures within their means to provide effective
protection as well as assistance to victim and witnesses of crime. Such measures may
include inter alia establishing procedure to safeguard the physical integrate of people who
give testimony in criminal proceedings from threats against their life and intimidation.
Witness must be protected from threats, intimidation, corruption or bodily injury and state
are obliged to strengthen international cooperation in this regard’.

This means that the united nations in one of its conventions has provided for the state parties
to put in place measures and mechanism for protection of witnesses.

3.2.1 Regional instrument on victim/ witness protection

35
2003
These are the protocol to combat trafficking, commercial exploitation and sexual abuse of
women and children in south Asia requires member states to ensure witness protection

3.2.2. The protocol to prevent, suppress and punish trafficking in persons, especially
women and children of 2003

It entered into force on 25/ December/ 2003, it is the first global legally binding instrument
with an agree definition on trafficking in persons. The intention behind this definition is to
facilitate convergence in national approaches with regard to the establishment of domestic
criminal offences that would support efficient international corporation in investigating and
prosecuting trafficking in person’s cases. An additional objective of the protocol is to protect
and assist the victim of trafficking in persons with full respect for their human rights.

Under article 1136 this statute provided that ‘‘all proceedings involving application for
securing protection and the action taken thereon by the person (court officials, police
officers, technical providers or any person involved with the protection procedure) that shall
be under obligation to keep all the information and documents confidential. No information
or documents given or submitted in support thereof shall be released except upon written
order of the court. And the violation of the confidentially of the said proceedings/ actions to
be an offence’’

There Is also experience of other countries having put in place the laws to protect the
welfare of the witness. In South Africa, they have the Witness Protection Act 112 of 1998
[No. 112 of 1998], Under the schedule to the said Act, it provides for the offences in respect
of which protection may be granted to the witness such as in offence of treason, sedition,
murder, rape, public violence robbery just to mention a few.

In Kenya witness protection has a foundation in the constitution Under Article 50 (8)37 of
the Constitution of Kenya, it provides; "This Article does not prevent the exclusion of the
press or other member of the public from any proceedings if the exclusion is necessary, in a
free and democratic society to protect witnesses or vulnerable persons, molarity, public
order or national security. " Kenya has also enacted a specific Act for witness protection; the
Witness Protection Act, Cap.79 R.E 2012

36
The United Nation Convention Against Corruption
37
The constitution of Kenya of 2010
3.2.3. The protocol against the smuggling of migrants by land, sea, and air of 2004

It was adopted by general assembly resolution and it entered in force on 28 January 200. It
deals with the growing problem of organized criminal groups who smuggle migrants often at
high risk to the migrant and at great profit for the offenders. A major achievement of the
protocol was that for the first time in a global international instrument, a definition of
smuggling of migrants was developed and agreed upon. The protocol aims at preventing and
combating the smuggling of migrant as well as promoting the right of smuggled of migrants
and preventing the worst forms of their exploitation which often characterize the smuggling
process.

3.2.4. the protocol against the illicit manufacturing of and trafficking in firearms,
theirs parts and components and ammunition of 2005

Was adopted by general assembly resolution may 2001 and it come into force on 3 july
2005. The objective of the protocol which is the first legally binding instrument on small
arms that has been adopted at the global level is to promote, facilitate, and strengthen
cooperation among states in order to prevent, combat and eradicate the illicit manufacturing
of and trafficking in firearms, their parts and components and ammunition. By ratifying the
protocol, states make a commitment to adopt a series of crime control measures and
implement in their domestic legal order three sets of normative provision.

3.3.1. National level

3.3.2. The prevention of terrorism Act

In Tanzania context, witness protection is covered under the law, section 34 38 of the
Prevention of Terrorism Act. The Written Laws (Miscellaneous Amendments) 39 amended
section 34 of the Principal Act by deleting subsection (3) and substituting for it the
following: "(3) A Court may, on an ex-parte application by the Director of Public
Prosecutions, order that the case proceeds in a manner stated in section 188 of the Criminal
Procedure Act. " For purpose of this application the relevant proviso is section 188(l)(a), (b),
(c) and (d) and (2) of the Criminal Procedure Act40 which read;

38
Act No. 21 of 2002
39
No.2Act, 2018
40
Cap 20 R. E 2022
"188.- (1) Notwithstanding any other written law, before filing a charge or information, or
at any stage of the proceedings under this Act, the court may, upon an ex-parte application
by the Director of Public Prosecutions, order) a witness testimony to be given through video
conferencing in accordance with the provision of the Evidence Act 41; (b) hon-disclosure or
limitation as to the identity and whereabouts of a witness, taking into account the security of
a witness; (c) non-disclosure of statements or documents likely to lead to the identification
of a witness; or (d) any other protection measure as the court may consider appropriate.(2)
Where the court orders for protection measures under paragraph (b) and fa) of subsection
(1), relevant witness statements or documents shall not be disclosed to the accused during
committal or trial"

Thus, witness protection in Tanzania may be a new phenomenon to our jurisdiction but
having the law recognizing witness protection gives us the authority to ensure compliance to
the law but not to the extent of jeopardizing justice for the parties. With the view of cited
authorities, many jurisdictions had similar view when it comes to witness protection issues.

Witness protection is important to ensure that the investigation, prosecution and trial of
criminal offences are not prejudiced by the intimidation or threat to witnesses. The law is
clear under section 18842 of the CPA that the court may, upon an ex-parte application by the
Director of Public Prosecutions, give an order to protect the intended prosecution witness.

The manner and modality under which the application is made may sometimes develop fear
that witness protection is likely to prejudice fair trial of the respondents. This is because the
application is made and determined ex-parte in exclusion of the respondents. It is a common
understanding under our laws that, disclosure of witnesses and substance of evidence is one
of the criteria towards fair trial. Section 245 to 247 of the Criminal Procedure Act 43 requires
the prosecution side to disclose the substance of the evidence intended to be relied upon by
the prosecution side to prove the case against the accused person.

It must be noted that, evidence supporting the case is expected to come from witnesses
whom, if not well protected, they may fail to testify due to fear or intimidation. The purpose
of the law is to ensure that all witnesses testify without fear so that justice can be done to
both parties.
41
The evidence Act cap 6 RE 2022
42
The criminal procedure Act CAP 20 R.E 2022
43
Cap 20 RE 2022
3.3.3. The criminal procedure Act CAP 20 R.E 2022

Section 188 of CPA as amended under written laws (miscellaneous amendments) (no.2) Act
No.7 of 2018 for protection of witnesses or the intended witnesses. The experience from
other jurisdiction require the court while giving orders for witness’s protection to balance
between the safety of the witnesses, the right of the accused person to fair hearing and the
interest of the public. Also Ss. 245,246, and 247 of the CPA in our jurisdiction criminal
trials are characterized by openness and disclosure, the law requires the prosecution to
disclose substances of the evidence intended to be relied upon in proving the case against the
accused person, the law was actually in conformity with the constitutional principle of the
right of hearing thereby disclosing the substances of the evidence to the accused person for
him to prepare his meaning defense while accused’s right needs to be protected, the right of
the victim must also be, it is only where witnesses are protected themselves and their family
members that they can freely testify in court. The conventional made of administration of
criminal justices put much emphasis in protecting the right of the accused person while
neglecting the right of the victim and witnesses.

3.3.4. the whistleblower and witness protection Act CAP 446 R.E 2022

The law under S. 11 of the Act does provide that ‘Where a Competent Authority, either on
the application of the witness or on the basis of the information gathered, is of the opinion
that a witness may be subjected to dismissal, suspension, harassment, discrimination or
intimidation by his employer; or the life or property of the witness or the life or property of
a person of close or interpersonal relationship with the witness is endangered or is likely to
be endangered, the Competent Authority shall refer the matter to an institution that is
capable of providing protection to protect the witness.’

The section provides that witnesses shall be protected by competent authority when he is
subjected to be dismissed, suspended, harassed, discriminated or intimidated by his
employer also witness should be protected his life and his property.

3.3.4. The National Prosecutions Services Act cap 430 R.E 2022

Section 18(1) and 24(2) of the Act it does provide that for purposes of guiding investigators
and prosecutors in the implementation of witness care and protection measures.
3.3.5. The whistleblower and witness protection regulations of 2023

Under regulation 12 state that protection measures such as physical protection of a witness,
his residence and property. Concealment of identity of a person and ownership of any
property; provision of weapon for self-defense, relocation, and prohibition of an accused
from reaching the witnesses’s residence, work place or school before or after a final
judgement is delivered on the wrongdoing for which information or evidence I rendered.

CHAPTER FOUR

DATA PRESENTATION AND ANALYSIS ON EFFECTIVENESS OF THE LAW

GOVERNING WITNESS PROTECTION MECHANISM
 4.0. Introduction
The chapter examines various analyzed data drawn from different literature reviews, and
the courts decisions decided by different judges and magistrates. Apart from that, the gist
of these study was firstly conducted through the different literatures where the researcher
seen a gap and for a narrow view to a field research through different magistrates‟ courts
judgment. Therefore, this chapter deals with the presentations, analysis and discussion of
the finding of the research problem through the information collected through documentary
review and narrow through interviews.
For what a researcher observed through different interviews and documentary reviews,
found that there is problem of the enforcement of the law regards on the witness protection
as provided under Section 11.
Most of judges and trial magistrate recognize the existence of such provision under the law
of whistleblower witness protection Act
However, many judges accepted the concept of the witness protection but there is no
mechanism setup in judicial protection.
4.1. The lack of modes to enforce the law of witness protection

The law dealing with witness protection assets is clear stated under Section 11. But the
enforcement or operation of such the law is not benefiting the witness as it was enacted
for such purpose the needs as the intention of the enactments of that law.

A researcher found that, in Tanzania there are rare phenomena on witness protection such
as lack of judicial protection.
A researcher reviewed different cases most recently and some not more recently.
In the case of DPP vs Yahya Twalib Mpemba and 15 others 44 Mr. Kwetukia and others
counsel they made an affidavit before the court of after realizing that after arresting
respondents there were intention for attacking eliminate all those who against the
respondent in their intention to establish an Islamic state in the united republic of
Tanzania, said that the intended prosecution have been receiving threats from the
respondents thus this application is brought in order to protect the witnesses. Mr.
Kwetukia was on the view that although witness protection issue is a new phenomenon in
our jurisdiction, we can borrow the inspiration from other jurisdiction. Its where now the
court decided that. Considering the submission by the Senior State Attorney and the
affidavits in support of application it is clear that the nature of the offence which is
44
Misc. criminal application NO.88 of 2021 at the High Court of Tanzania at Arusha registry
terrorism and the modality used to execute the terrorist act of bombing the house fall
within the organized crimes hence a serious offence which require protection of witnesses.
It is clear that, with the nature of the offence of terrorism to which the respondents are
charged, the lives of intended prosecution witnesses are in danger and there is a need to be
protected.

But also in the case of DPP Vs Abdi Sharif Hassan And another 45
state attorney said
that realizing that concept of witness protection is a new In our jurisdiction Mr. Mganga
asked this court to be persuaded by and take inspiration of the practice from our
jurisdiction. He referred the court on the warning as contained in the hand book, titled
‘criminal justice response to terrorism 2009 edition page 58 under which it was warned that
some of the dangers in criminal justices is the witness intimidation and witness tampering.
He warned on the possibility of compromising the potential witnesses if not protected. He
submitted that non protection of witnesses may lead to fear, thus affecting the effective
testifying of witness in court. Also he submitted various measures which need to be
employed in the process of protecting witnesses one of them according to him is the
importance and need to separate the witnesses from offender.

A Researcher found that, such problem on effectives of witness protection lea the witness
in danger a difficult situation against their opponents after adducing evidence before the
trial court. It found that, this situation poses a lot of challenges to the witnesses due to
shortage of protection. These affect both witness for republic and private. For stance,
witness for prosecution side get fear and lose the freedom to live in their communities and
the life become in danger.

A researcher found that, this s i t u a t i o n put the witness in a negative perception

regards the adducing evidence in the trial court where by most of them ending by
denying to provide cooperation during the judicial proceedings that leads no attendances of
witness at all which finally resulted the backlogs of cases in the court due to many
adjournments and dismissal of cases for want of prosecution.
A researcher comes and found that, such problem turning against with the spirit of the
section 11 of whistleblower witness protection Act

45
miscellaneous criminal application no.19 of 2020, High Court of Tanzania Mwanza registry
 4.2. Lack of knowledge and awareness due to lack of mechanism to witness
protection
According to legal expert, he said that there is lack of organs on the witness protection
leads the witness in triable with the trial court because there is no framework that
responsible to take care by providing education to the witness.
Basing on the difficulties and unfamiliar procedures of the judicial proceeding on the
witness protection becomes a factor for injustice for witnesses.
This is because the court deals with what has been brought before it and the evidence
adduced and not go further on how the witness should be protected. So again become a
challenge in the application of such law on the protection of witnesses as it was intended.
Therefore, a lot of witnesses they are not aware on their right during evidence production
which leads them sometime even to refuse to go to court.

4.3. The enforcement of the other laws on the witness protection

International standards recognize the witness protection as the natural and fundamental
rights. Treaties requires the witness be protected as a collective entity by the state and
society.
A researcher found that, in the different the international instruments insist and recognize
the witness protection in the trial court. Under the guidelines of the international
instruments after passing different laws.
4.4. According to three magistrate respondent, they said that the Investigator have to
provide witness care and support by Ensuring that witnesses are treated fairly and in a
dignified manner, with courtesy, respect and empathy and Interview the witness in the
environment that will guarantee his privacy. Where the interview is required to be reduced
into a witness statement, he shall inform him of the intention to record that statement and
thereafter proceed to record the statement as soon as practicable. But most of time
investigator are not doing their duty respectively46.
4.4. According to three Advocate, they said that there are lack of Assessment of
Witness Threat Before admitting the witness into the protection arrangement, a
threat assessment shall be conducted to obtain more information that will assist
in making an informed and appropriate decision. In order to conduct threat
46
the Magistrate of District court
 assessment, the prosecutor or investigator have to Speak to victims and
witnesses to ascertain if they are receiving threats; Peruse the evidence and
relevant documents to ascertain if they expose the witness to threats; Take into
account intelligence information from the community or other sources etc but
implementation by investigators or prosecutors most of time they are not doing
so even though whistleblower and witness protection regulation requires so 47.
4.5. According to two state attorney respondent, they said that witness shall be
protected according to the nature of the and seriousness of the case. For
example, terrorism and murder case those witnesses shall be protected if they
will get threat or any kind intimidation sometime they used even to be
transferred to another place for security, for them after witness already adducing
evidence they direct duty to protect to police officers its where now if there is
any challenge witness facing may go police and the police shall report to state
attorney48.
4.6. According to prosecutors, said that both civil and criminal witness are protected
according to whistleblower and witness protection Act and its regulation and
other related laws, in criminal witness is protected by not disclosing his/her
identity and in civil suit witness also are protected if they get threat or any
intimidations at the time when they report to police about that information 49.

4.4 Conclusion
This chapter was about what has been found during the study in relation to the legal
position of Witness protection in Tanzania as concerned. The lack of clear provision on the
guidance of witness protection, it led the life of witness in the danger because there is no
mechanism or organs that provides on the enforcement of the such law especially to the
judicial witness protection.

CHAPTER FIVE
CONCLUSION AND RECOMMENDATION
5.1. Introduction
This chapter answered one of the objectives on recommendations‟ as well as conclusion of
47
Respondent Advocates.
48
Respondent state attorney
49
Respondent prosecutors
the entire study and suggestions on what ought to be done by the judicial activism and the
legislature. This study involved in answering research questions on awareness. Challenges
as well as recommendations. All questions are answered in chapter four, where the
conclusion is made in this chapter.
5.2. IN CONCLUSION
It is trite that international legal framework provides extensively, the obligation to protect
the witnesses and their mechanisms of witness protection in all aspect. This obligation is
provided expressly and impliedly in various international conventions above discussed.
Tanzania has signed and ratified several international instruments providing for the of the
rights of women after divorce therefore has duty bound to adhere to its obligation. In
compliance, Tanzania has enacted legislation (the law of whistleblower and witness
protection Act under section 11) to provide for the same in order to comply with the human
rights.
However, despite having all these laws, the findings of this study reveals their still
a problem on the area of methods and competent authority of witness’s protection. The
study came to discover that, the operation of such laws through the interpretation of judges
and magistrates it becomes more problematic when state attorney and DPPs demanding
security of witness which make them to refer other laws precedent and laws from other
jurisdiction and disregards some other means of considerations as showed above. This
phenomenon of witness’s protection in Tanzania jurisdiction put a lot of witness life in
danger ending to make afraid to volunteer to testify before the courts of law.

5.3. RECOMMENDATION

5.3.1. Section 11 of the Law Should Be Amended to establish specific organs for witness
protection in Tanzania.

Firstly, the law should provide the competent institutions and develop the capacity of
institutions and agencies to provide witness protection together with victim assistance, those
institutions which shall be responsible for witness protection in case of anything happen.
This amendment of such section law must recognize a witness protection to the welfare of
their family, properties and their lives.

There is very significance of amending this provision such as improving position and status
of the witnesses. If this law shall be amended courts and prosecutors and others parties in
civil proceedings, they will no longer suffocate on the witness protection.

There should be competent authority so that witness shall send the application for protection
and hearing of witness protection application shall be held in camera by the competent
authority while maintaining full confidentiality.

Secondly, t h e p r o c e d u r e s t o p r o v i d e m e a s u r e s f o r t h e w i t n e s s ’ s
p r o t e c t i o n , the law should provide procedures on which witnesses shall be protected
during and after hearing or trial at risk witnesses. Those guidelines / procedure which will
guide judges and magistrates to ensure witness’ safety while testifying. Such measure may
include inter alia establishing procedures to safe guide the physical integrity of people who
give testimony in criminal proceedings from threats against their life and intimidation.
Witnesses must be protected from threat, intimidation, corruption, or bodily injury and states
are obliged to strengthen international cooperation in this regard. Those protective measures
should be in accordance with international standards and united nations, good practices for
the protection of witnesses. This includes providing 24/7 physical protection, including
armed guards if necessary and securing their homes and workplaces, and travel route.
5.3.2. The need to provide education through conducting mass awareness
campaigns and seminars conferences.
Training institutes in the country has to give training on the subject matter so as to
enhance knowledge of justice professionals; to ensure the pivotal role of witness
protection services among society and give awareness on the existence of such right
thereby encouraging witness or whistleblowers who afraid to testify about a crime.
Education and awareness should be conducted widespread awareness campaigns to
educate the public, communities and law enforcement agencies about the importance
of witness protection. Promote a culture that encourages witnesses to come forward
and ensure their safety.

5.3.3. To convert witness protection programme.

Effective witness protection programmes are an essential component of a

comprehensive criminal justice response to protect those who are key to dismantling
organized crime group. To strengthen witness protection programmes and strategies
by providing technical assistance including; -
  Legal and institutional assessments
 Legislative assistance
 Awareness raising programmes targeting criminal justice’s authorities
(including judges, prosecutors, police and prison officials).
 Training to judges, prosecutors, police and witness protection authorities.
 Strengthening international cooperation for the protection of witnesses50.
5.3.4. There is a need to have courtroom procedural guideline to make
courtroom protection effective while maintaining the right of the
accused and how the right could be limited in balancing general public
interest.
5.3.5. Since protection of witness is crucial in maintaining justice, within its
economic capacity, the government has to allocate necessary budget
for the witness protection program. This could be done by allocating
annually fixed amount of money for witness protection; or the organ to
which this work is entrusted to may allocate necessary budget for the
effective protection. Thus, Attorney General needs to make witness
protection a program; and has to organize multidisciplinary staff for
the work allocating necessary budget for the protection measures to be
applied.
5.3.6. Psychological support, witnesses may face mental and emotional stress
due to the fear of retaliation or reprisals. Establish programs that
provide psychological counseling and support to witnesses and their
families, helping them cope with the potential psychological impact of
their involvement in criminal proceedings51.
5.3.7. State should establish witness protection fund which shall be namely
witness protection fund which expenses incurred during the
implementation of witness protection order passed by the competent
authority and expenditures should be met. The witness protection fund
which shall comprise the following:
Budgetary allocation made in the annual budget by the state
government.

50
Witness protection scheme, 2018
51
ibid
 Receipt of amount of cost imposed or ordered to be deposited by the
court or tribunal in the witness protection fund.
5.3.8. There should be National witness protection programmes, national
witness protection programmes have been established in various
countries to provide physical protection and psychological support to
person at risk who cooperate with judicial or non- judicial proceedings
for example truth and reconciliation commissions. Also to provide
confidentiality of the witnesses ’identities, address and any other
relevant personal information. Only authorized personnel involved in
the protection program should have access to this information to
prevent leaks or security breaches52.
5.4. Conclusion
Witness are considered the cornerstone of the criminal justice administration, are the
primary oral evidence of the commission of the crime. Based on their testimony,
along with other evidence on record, the judge has to decide the case which
ultimately affect the right of one of the parties to the case. Witnesses of the case are
like a foundation stone on whom the strength of the case is dependent. A witness
sometime maybe competent but not compellable owing to the privileges provided
under the act.

BIBLIOGRAPH
Dulume, W, Oromia law journal, Ethiopian witness protection system: comparative analysis
with UNHCHR and good practices of witness protection report. (vol.6, No.1)
Salwan, S.L & Narang, U, Academic’s Legal Dictionary, 22nd Edition. New Delhi;
Academic (India) Publishers (2012).

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Morris, H.F, Evidence in East Africa
Mwenda , A,Y, witness protection in Tanzania, resource material series No.86
The summary of the report of the commission to observe how to improve criminal justice
institutions in the country. July 2023
Rahangdale, P, “Witness Protection: An Important Measure for The Effective Functioning
of Criminal Justice Administration” Assistant Professor, Amity Law School, Amity
University Chhattisgarh, Raipur (C.G). (2019),
Good Practices for the Protection of Witnesses in Criminal Proceedings Involving
Organized Crime, Printed in Austria
Mahony, C, the justice sector after thought: witness protection in Africa, published by the
institute for security studies, Brooklyn square 0075, south Africa [2010]
Begira,R witness protection in international criminal court, faculty of law Lund university,
2011

chapter protection of victims, witnesses and other cooperating persons, manual on human
right ls monitoring, united nations human right, office of the high commission, publishes
2011

Chene,M. Good practice in witness protection legislation, 2012

Eikel,M. witness protection measure at the international criminal court legal frame work and
emerging practice, published with open access at a pring cr link.com

Journal of judicial administration training institute, vol. xiv no. 1, 2015

Yapa,D and Fernando K . E.R.L, Ensuring witness protection in criminal proceedings of

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APPENDIX
INTERVIEW GUIDE
I RHODA M. DANIEL a third year student at Mzumbe university Mbeya campus
collage wish to seek information from you. The information which you will provide
to me it is deliberately designed for academic purposes, required by the researcher in
partial fulfillment of college on the research titled effectiveness of witness protection
mechanism in Tanzania. So feel free to respond the following questions

INTERVIEW QUESTION

1. what do you understand on the meaning of witness protection?

2. have you ever become witness in any case?
3. are aware on legal framework which govern witness protection?
4. what do you suggest will be the best method to protect witnesses?