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Electronic evidence in Tanzani

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by ulimboka, Apr 12, 2010.

  1. ulimboka

    ulimboka Member

    #1
    Apr 12, 2010
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    Hi JF i beg to be assisted on the electronic evidence Act in Tanzania. I have tried to make a follow up by visiting government bookshops in vain. I thank you members for the ideas on how i can be flashed a light on the same.
     
  2. ngoshwe

    ngoshwe JF-Expert Member

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    Apr 12, 2010
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    Guy, be very specific on the area you're asking for....

    Otherswise, you can consult this Article if helpful for you.

    Get also and ARTICLE BY A. Mambi on ICT at http://webcache.googleusercontent.com/search?q=cache:VkIzsa8WaVsJ:www.tanzaniagateway.org/docs/EAC_CyberlawStatusinTanzania_Mambi.ppt+electronic+evidence+in+tanzania&cd=4&hl=en&ct=clnk&gl=uk

    You can as well buy TLS publication before the current one in which there are alot of useful articles on ICT for a less than Ths 20,000.
     
  3. Buchanan

    Buchanan JF Diamond Member

    #3
    Apr 12, 2010
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    Open the attached doc.
     

    Attached Files:

  4. ngoshwe

    ngoshwe JF-Expert Member

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    Apr 13, 2010
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    Thanks Buchanan for this useful Misc Amendments Laws.

    It appers that the amendments made to the EAT, cover sections 40, 76 and 78. It is however that the nature of electronic evidence which may be admissible for the purposes of the legal procedings especially in Banking transaction would require existance of other primary evidence to support the same (one has to refer back the usual records in the office to convince the court that the doc intend to be relied upon is in the daily books of record of the Bank!! that mean, will have to producing the orignal doc out of the e-version ??).

    Also, for the purposes of admissibility, still in doubt whether the electronic equipemen such as a computer or server would be acceptable as evidence under Section 40A of the Amended EAT especially where it has been used to store information which are subject in the legal proceedings!!!.

    The complication e-Evidence is that the one who wishes to rely on electronic evidence has to be able to prove to the Court that the contents of a particular document or data file created or existing within an Electronic Document Management System have not changed since the time of storage.

    Also if the data file is an electronically stored image of an original paper document, he must also prove that the electronic image is a true representation of the original. Proving the authenticity of electronically stored documents is crucial to their admissibility in a court. Therefore, it may require systematic and uniform codified procedures for the Electronic Management System (acceptable to the relevant community/professional). This system I am in doubt with!!!

    For some countries, electronic documents are well managed by following guidance from independent organisations/ institutions such as Standard Certification Bodies which are point of reference for the Information Management dispute on validity of document at issue.

    These Standard Certification Bodies are the one also issuing Standard Codes of Practice for Information Management including the Code of Practice for Legal Admissibility and Evidential Weight for Information Stored Electronically. This is helpful to clear doubt in case of changes of the management system and to determine which authenticated or non- authenticated docs are.

    I see there is still a loophole in our system.
     
  5. ulimboka

    ulimboka Member

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    Thanks Buchanan the article you provided have all i wanted. May God bless you
     
  6. Buchanan

    Buchanan JF Diamond Member

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    Apr 21, 2010
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    All the best!
     
  7. Buchanan

    Buchanan JF Diamond Member

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    Ngoshwe mambo ya electronics hapa kwetu ndio kwanza bado yapo kwenye infant stage, bado tuna kasafari karefu kidogo!
     
  8. mayenga

    mayenga JF-Expert Member

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    May 6, 2010
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    Thanks Buchanan!
     
  9. G

    George Jinasa JF-Expert Member

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    Mar 17, 2012
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    Much as I agree that section 41 A of the TEA as amended is not broader enough to capture such alectronic evidences as virtual video and movies, it is my submission that the TEA in the same where does not have any provision prohibiting the admissibility of kinds of evidence not expressly covered therein. The guiding provision for admissibility of evidence in my view is section 7 of the TEA according to which evidence is admissible that which is relevant to fact in issue unless it is prohibited by the Acy or any other written law. Whether an electrobically stored piece of evidince is authentic or not, in my understanding is not a question of law. It is a question of fact that would be dealt with after admission of a document by way of cross examination and evalutaion of the evidence.
     
  10. chumvichumvi

    chumvichumvi JF-Expert Member

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    Mar 22, 2012
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    guys thanx much mmenipatia wat i real wanted thanxs much
     
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