IN PURSUIT OF TIMELY JUSTICE DISPENSATION: AN ANALYSIS OF THE LEGAL CHALLENGES FACING CASE MANAGEMENT SYSTEM AT THE HIGH COURT OF TANZANIA

Abstract

The article analyses legal challenges facing the effectiveness of the Case Management System (CMS) applied in the High Court of Tanzania (HC) in the pursuit of Timely Justice Dispensation (TJD). As part of the Judiciary, the HC has jurisdiction to handle broad spectrum of cases. To this end, an effective CMS is crucial for the HC to fulfil its TJD constitutional mandate. However, this article, through empirical research using semi-structured interviews with Justices of Appeal, Judges, Registrars, Deputy Registrars, state attorneys and senior advocates, and documentary review, reveals that various legal issues hinder the CMS's effectiveness and cause case delays. Key challenges include laws unsupportive to CMS and the lack of comprehensive CMS rules. Laws unsupportive to CMS are illustrated by the lack of a robust scrutinization mechanism, discretionary or lengthy timelines for different case events, the conduct of criminal sessions, laxed adjournment control, unlimited preliminary objections, leniency with pleadings amendment and a lack of remedy for lapsed timelines. To address the analysed challenges, the article proposes legal reforms to enhance the effectiveness of the CMS applied in the HC and the promulgation of comprehensive CMS rules, thereby ensuring TJD.